All portions of lots subject to site plan and/or
special use permit review which are not covered by buildings, structures, parking and loading areas, sidewalks
or similar impervious surfaces shall be permanently maintained as
natural open space or suitably landscaped, in accordance
with specifications approved as a part of the site plan, so that the
site development will present an attractive appearance, provide cooling
shade, promote groundwater recharge, preserve and
enhance property values, buffer neighboring streets and properties and complement the character of surrounding development.
7.1.1
The selection, amount and location of all landscaped materials shall
be based upon considerations of its intended purpose, taking into
consideration the need for minimal maintenance, minimal water usage
and general compatibility with pedestrians and motor vehicles.
7.1.2
Maintenance required. All landscaping as shown on approved plans
shall be maintained in a vigorous growing condition. Any plants not
so maintained shall be replaced with healthy new plants of comparable
size, type and quality at the beginning of the next immediately following
growing season. Satisfactory assurance of such maintenance shall be
a condition of development approval and of continued conformity with
this Code.
[Amended 7-22-2003 by L.L. No. 7-2003]
Notwithstanding the requirements of § 246-7.2.1 of
this section, a buffer screening area of not less than 10 feet in
width and five feet in height shall be provided along all lot lines where properties containing principal nonresidential uses abut residence districts and where properties
containing principal multifamily residence uses abut
single-family residence districts. In addition, a buffer screening
area shall be required where such uses are separated by a road with
a right-of-way width of 50 feet or less. Within such buffer area shall
be located evergreen planting and/or fencing of such type, height,
spacing and arrangement as will screen the activity on the site from
the neighboring residential area. Non-evergreen planting may be used
to seasonally supplement evergreen planting but shall not take its
place. The plan and specifications for such planting shall be filed
with the proposed plans for the use of the lot. The
buffer area shall only be interrupted by approved access driveways
and pedestrian walkways, including any related area required to provide
safe sight distance. Any significant physical changes, including regrading,
removal of existing and/or approved trees and vegetation or disturbance of existing and/or approved walls and fences within the buffer area, shall require the permission
of the Department of Planning and Development. The buffer screening
requirements may be modified or waived by the reviewing agency in
situations where it determines that adjoining land uses, topographic
features or existing vegetation already satisfy the intended purpose.
A landscaped berm, wall or fence of location, height,
design and materials determined suitable by such agency to be substituted
for or to supplement the required buffer planting. In the case of
a fence, the good side shall face the neighboring
property.
7.2.1
In the ORD and LI Nonresidence Districts, the regulations shall be
the same as in the previous section, except that a ten-foot planting
strip of evergreen growth at least eight feet in height shall be required
along any rear or side lot line which
is contiguous to or across the street from any residence
district. No such screening shall, however, be permitted within 20
feet of a front property line. In the event that the width of any
ORD and LI property shall exceed 300 feet at the building line, and it is adjacent and contiguous to any residence district,
no principal building shall be erected thereon within
60 feet of any residential property line. So much of the setback which
is not required for the above-described planting strip may be used
for driveway or parking purposes.
7.2.2
Where a property in an RMF, RNG, RPH or RSC Residence District or
in a nonresidence district or containing any nonresidence use is located
within or abuts a residence district and a fence,
hedge or other screen is required by the reviewing agency, such planting
screen or other fence shall be so designed as to
prevent debris from being windblown or transported to the neighboring
residential premises, and shall also be so designed and installed
as to prevent any and all reflection of lights, whether permanently
installed on such nonresidence property or from automobiles or other
sources, from being cast upon adjacent or neighboring residentially
zoned property. Where a planting screen is required by the reviewing
agency to be installed in compliance with this section, the agency
may determine that it is also necessary to install and maintain a
woven wire fence to prevent paper and debris from
being carried or blown through or under such planting screen.
[Amended 11-9-2004 by L.L. No. 16-2004]
All exterior lighting accessory to multifamily or nonresidence
uses, and all exterior lighting of recreation facilities accessory
to a residence use, including pole- and building-mounted
area lighting and the lighting of signs, shall be
of such type and location and shall have such shielding as will prevent
the source of light from being visible from any adjoining streets, public areas and neighboring properties and prevent
objectionable glare observable from such streets or
properties. The height and lighting intensity of exterior lighting
fixtures shall be determined on a case-by-case basis by the site plan
reviewing authority, which shall consider the size, nature and location
of the proposed use, and the site' s relationship to neighboring properties
and uses. In general, the height and lighting intensity of exterior
lighting fixtures shall not exceed 24 feet and/or 400 watts, respectively.
The maximum height for freestanding lighting or building mounted lighting
on nonresidential properties which abut a residential property shall
be 14 feet. Lighting levels for nonresidential uses shall generally
not exceed an average intensity of three footcandles, nor be an average
of less than 0.5 footcandle at pavement level. Exterior lighting shall
be extinguished within one hour of the closing of the business or
nonresidence use, except for such illumination as may be permitted
by the reviewing agency for property protection and security purposes.
No neon or other such lighting outlining a building, structure or other architectural feature is permitted.
Overall site design shall take into consideration pedestrian
safety and scale through the inclusion of walkways, landscaping, awnings,
covered arcades and open spaces, plazas and other
gathering places, as well as enhance the pedestrian experience by
presenting a varied appearance at street level of building facades and limiting blank wall exposure, as appropriate
to the proposed use and its location. The use of covered outdoor spaces
such as loggias, arcades and colonnades shall be encouraged, as appropriate,
in order to provide weather protection, transition between indoors
and outdoors and to add visual interest, shadow and depth to building elevations. Walkways and pedestrian plazas shall
offer a variety of pigments and textures which are in harmony with
the planned character of the area, and are safe for pedestrian traffic,
including the handicapped. Walkways shall be planted with regularly
spaced, salt-tolerant shade trees, selected with regard to the scale
of the area in which they are located, as well as the height and spacing
of exterior lighting, and the need to maintain visibility of storefront
displays, signs and other features.
7.5.1
Dimensional requirements. All off-street parking and loading facilities
shall comply with at least the following minimum dimensional requirements:
7.5.1.1
Standard parking spaces. Except as set forth below, all off-street
parking spaces shall be at least nine feet in width and 18 feet in
length, except as follows:
7.5.1.1.1
Senior citizen parking. A width of 9.5 feet shall be required
for parking spaces in senior citizen housing developments.
7.5.1.1.2
Employee parking. Employee and commuter parking spaces, which
are intended for long-term use with low turnover, may be a minimum
of 8.5 feet in width where permitted. For retail or service businesses,
or other similar types of uses designed to attract the general public,
such reduced-width employee parking spaces shall not exceed 10% of
the total required or provided parking, whichever is less. All employee
parking spaces shall be clearly identified and limited in their use
by appropriate location, signage and/or pavement markings.
7.5.1.1.3
Handicapped-accessible parking spaces. Parking spaces for the
handicapped shall be at least eight feet in width and shall have an
adjacent access aisle at least eight feet in width, or as otherwise
required by the New York State Uniform Fire Prevention and Building Code. The minimum number of accessible spaces shall
also be as required by state code. An eight-foot-wide access aisle
may be shared by two adjacent handicap parking spaces and shall be
part of an accessible route to the building or use
which it is designed to serve. The minimum vertical clearance for
handicapped-accessible spaces and vehicular access routes to and from
such spaces shall be nine feet six inches on the entry level of any
parking structure and eight feet two inches on all
other levels. Such spaces shall be appropriately located and clearly
identified and limited in their use by appropriate signage and pavement
markings.
7.5.1.2
Loading spaces. All off-street loading spaces shall be at least 14
feet in width, 40 feet in length and 14 feet in height, except 12
feet for adjacent spaces or as may be reduced by the reviewing agency
due to the unique nature of the proposed use.
7.5.1.3
Angled and parallel parking. All parking spaces shall be designed
at a ninety-degree angle with a twenty-four-foot wide two-way maneuvering
aisle unless a different width or angle is permitted or required based
upon the unique size, shape and/or function of the parking facility.
In those circumstances where does permit parking at an angle other
than 90° is permitted, circulation in each maneuvering aisle shall
be limited to one-way only. The following is a table of minimum parking
space and maneuvering aisle dimensions (see also Figures 7-1, 7-2
and 7-3 at the end of this chapter, which graphically illustrate these
requirements):
|
Minimum Parking Space and Maneuvering Aisle Dimensions
| |||||
|---|---|---|---|---|---|
|
Parking Angle
(Degrees)
|
Parking Space Dimension to Wall
(Feet)
|
Parking Space Dimension to Interlock
(Feet)
|
Maneuver-ing Aisle Width
(Feet)
|
Wall to Wall Double Parking Bay Dimension
(Feet)
|
Interlock to Interlock Double Parking Bay Dimension
(Feet)
|
|
90
|
18.0
|
18.0
|
24.0
|
60.0
|
60.0
|
|
75
|
19.5
|
18.5
|
21.0
|
60.0
|
58.0
|
|
60
|
20.0
|
17.75
|
17.5
|
57.5
|
53.0
|
|
45
|
19.0
|
15.75
|
15.0
|
53.0
|
46.5
|
|
0
|
9.0
|
22.00
|
15.0
|
33.0
|
NA
|
|
NA: Not Applicable
| |||||
7.5.2
Access. Access to all off-street parking and loading facilities shall
be designed in accordance with the following requirements:
7.5.2.1
Access driveways. All off-street parking and loading spaces shall
be provided with unobstructed access. They shall be designed to prevent
the backing of any vehicle across the sidewalk or into a street, except at locations specifically designed for such purposes where
no reasonable alternative is available and approval has been granted
by the approving agency. Access driveways connecting off-street parking
and loading facilities to the street or streets from which they derive access shall be designed in accordance with
the following requirements:
7.5.2.1.1
One- and two-family dwellings shall be connected to the street with a driveway
having a radius return at each intersection corner of not less than
five feet. Such driveways shall not exceed a grade of 10% where graded
away from the structure and 8% where graded towards
the structure, except that a grade of up to 12% may
be allowed by the reviewing agency for a driveway serving a one-family dwelling, provided said agency determines that
such grade would be appropriate for the purpose of reducing environmental
impact. The driveways shall also not exceed a grade of 5% within 25
feet of the curbline of the street.
7.5.2.1.2
Access driveways serving multifamily and nonresidence uses shall
be not less than 20 feet in width and shall be connected to the street with a radius return at each corner of not less than
10 feet. The driveways shall not exceed a grade of 5%, except that
a seven-percent grade may be allowed where determined appropriate
for the purpose of reducing environmental impact. The driveways shall
also not exceed a grade of 3% within 40 feet of the curbline of the street. Notwithstanding the above, lesser dimensions may
be allowed for a driveway providing access to fewer than 20 parking
spaces. Similarly, greater dimensions may be required where determined
necessary based upon the number of spaces served and/or the nature
of the intended use.
7.5.2.1.3
All areas designed for parking and/or loading shall have a grade
of not more than 5%.
7.5.2.2
Interconnection of off-street parking facilities. In order to provide
maximum safety and efficiency, minimize curb cuts and encourage convenient
traffic flow, the interconnection of parking facilities via access
drives within and between adjacent lots may be required.
To help assure the accomplishment of this, the reviewing agency may
require written assurance, such as deed restrictions, in a form satisfactory
to the Town Attorney, binding the owner and the owner's heirs and
assigns to provide and/or permit, and to maintain, such interconnections.
7.5.3
Parking structures. Parking structures shall comply with the dimensional requirements for principal
buildings in the district in which they are located. Parking structures shall not be included as part of the maximum floor area ratio on a property.
7.5.4
Landscaping and screening. Except for off-street parking facilities
and spaces accessory to a one- or two-family
dwelling, all off-street parking and loading facilities shall
be curbed, screened and landscaped with appropriate trees, shrubs,
ground cover and other plant materials to assure the establishment
of a safe, convenient and attractive facility. Such landscaping and
screening shall be planted and maintained in accordance with the following
guidelines (except as such may be modified or waived by the site plan
approving agency):
[Amended 7-22-2003 by L.L. No. 7-2003]
7.5.4.1
Landscaping. In all off-street parking areas which contain 50 or
more parking spaces, excluding parking structures, at least 10% of the total parking facility within the parking perimeter
shall consist of raised landscaped islands, as follows:
7.5.4.1.1
Raised landscaped islands shall be located at the ends of each
parking bay which contains 10 or more spaces, and separating adjacent
rows of parking spaces at least every second parking bay, as determined
necessary by the reviewing agency to properly guide vehicle movement,
to provide adequate space for plant growth and vehicle overhang, to
provide adequate space for pedestrian circulation where appropriate
and to otherwise provide for improved traffic circulation, pedestrian
safety and aesthetics. Such raised landscaped islands and the plantings
within them shall be designed and arranged so as to provide vertical
definition to major traffic circulation aisles, entrances and exits,
to channel internal traffic flow, to prevent indiscriminate diagonal
movement of vehicles and to provide cooling shade and relief from
the visual impact, monotony and heat of large expanses of paved areas.
7.5.4.1.2
The minimum width of landscaped islands shall be six feet where
located at the ends of parking bays and eight feet where separating
opposing rows of parking spaces or adjacent to circulation aisles.
All corners shall be rounded with a curb radius of not less than three
feet but otherwise as required.
7.5.4.1.3
The landscaping of off-street parking areas shall include at
least one shade tree of not less than four inches' caliper for each
six parking spaces. Main traffic circulation aisles shall be emphasized
with such shade trees. Other landscaped islands may be planted with
flowering trees and/or other plantings, as appropriate. This is in
addition to ground cover, shrubs and hedges which are to be provided
where appropriate to serve their intended function but not interfere
with safe sight distance for pedestrians and vehicles. The selection
of shade trees shall take into consideration the Town Street Tree
List.[1]
7.5.4.1.4
Non-landscaped islands may also be permitted, if appropriate
for pedestrian circulation, snow storage and similar purposes. Such
islands shall not be less than four feet in usable width.
7.5.4.1.5
Where curbs are kept to a maximum height of six inches, 1.5
feet of the required parking space depth may be allowed to overhang
islands, provided there is no interference with sidewalks or landscaping.
Such bumper overhang area shall be considered part of the parking
space and shall not be counted toward meeting minimum yard setbacks
or buffer area requirements.
7.5.4.2
Parking structures. Planters or other forms of landscaping
to be provided on the top level of a parking structure, in addition to landscape screening of the structure itself.
7.5.4.3
Screening. In addition to buffer areas required pursuant to § 246-7.1
and 7.2 above, all off-street parking and loading facilities shall
also be attractively landscaped along their periphery. Such landscaped
screening shall be a minimum of six feet in width, excluding permitted
vehicle overhang areas. It shall consist of evergreen planting of
such type, height, spacing and arrangement as, in the judgment of
the approving agency, will serve the intended function. The approving
agency may allow or require a landscaped berm, wall or fence of location, height, design and materials determined suitable by
such agency to be substituted for or to supplement the required screen
planting.
7.5.5
Waiver of improvement. Where the agency reviewing a site plan determines,
in connection with its review of such site plan, that less than the
required number of parking or loading spaces will satisfy the intent
of this chapter because of the unique nature of the proposed use,
variations in the probable time of maximum use by joint users or for
any other reason, the reviewing agency may waive or "landbank" the
improvement of not more than 1/3 of the total number of spaces as
required by this chapter. In all cases, it shall be expressly demonstrated
on the site plan that sufficient area remains for the future provision
of the total number of spaces required. Such unimproved or "landbanked"
spaces shall be maintained as additional landscaped area until and
unless required for parking or loading use. Written guarantees, satisfactory
to the Town Attorney, shall be submitted by the applicant, insuring the improvement of such spaces within six months of the
date of written notice to the property owner by the agency stating
that all or a portion of such spaces have been determined to be necessary
and shall be constructed.
[Amended 7-22-2003 by L.L. No. 7-2003]
Adequate facilities for the storage and disposal of refuse and recyclables shall be provided in all districts in accordance with § 182-9 of the Code of the Town of Oyster Bay. All multifamily and nonresidence uses shall temporarily store refuse and recyclables in containers kept in a screened and/or enclosed location and designed in such fashion as to be fireproof, and to prevent access by rodents, insect breeding, fire or other hazards and the blowing away of refuse. Where feasible and appropriate, a masonry refuse enclosure with a finished architectural appearance shall be provided. The Department of Planning and Development may require that restaurants, catering establishments and similar uses remove
waste material from the premises daily, with the exception of Sundays
and holidays.
Except where otherwise specifically permitted by this chapter
or by any other code or regulation of the Town of Oyster Bay, no outdoor
storage of any kind, nor outdoor display of goods for sale, shall
be permitted in any district.
In order to promote the public health, safety and welfare, or
as necessary to otherwise implement the intent of this chapter, the
reviewing agency may establish reasonable limitations on the hours
of operation of any nonresidence use when such use is of a nature
or location that could reasonably be expected to have a significant
impact on neighboring residences at unreasonable hours of the day.
Any such limitations imposed shall also include limits on hours of
delivery, the operation of property maintenance equipment and any
other potential sources of noise disturbance.
[Amended 4-25-2006 by L.L. No. 5-2006]
In R1 Residence Districts, there shall not be any paving designed
for driveway or parking purposes located within the required side or rear yards, excluding a driveway
necessary in order to provide safe access to a parking space or garage
in the rear of the lot. Sidewalks not exceeding three
feet in width are also permitted within the required side or rear yards.
The owner shall keep the exterior part of all building(s) and structure(s), as well as landscaping and paved
areas, in good repair and free from deterioration which would make
such building, structure or other feature hazardous or unsightly, as determined by the Department of Planning and Development. All property owners shall comply with the requirements of Chapter 182 (Property Maintenance) of the Code of the Town of Oyster Bay.
