Village of Carthage, NY Article VI Site Plan Review Criteria

[Amended 1-17-2011 by L.L. No. 1-2011]

§ 146-17 General criteria for all site plan reviews.

A. Uses subject to site plan review are appropriate in the district in which they are allowed, but require the review of the Planning Board to ensure the adequacy and proper arrangement of the proposed improvements to the site.

B. The Planning Board may approve, approve with modifications or disapprove an application for a site plan based on the criteria of this section.

C. The Planning Board is hereby authorized to waive any requirements of this section pertaining to site plan review and approval when such waiver is reasonable and where the requirements of this section are not requisite in the interest of the public health, safety or general welfare or are inappropriate to a particular site plan review.

D. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed site plan.

E. The Planning Board shall require that all site plans comply with the following general review criteria:

(1) The site is designed so as to be consistent with the comprehensive plan for the community;

(2) Parking, queuing and loading areas are adequate for the intended level of use, and arranged so as to minimize negative impacts on adjacent properties and the public road system;

(3) Access to the site is safe and convenient and relates in an appropriate way to both the internal circulation on the site as well as the public road system;

(4) The internal circulation of the site is arranged so as to provide safe access to parking, queuing and loading areas, provide access for emergency and service vehicles, provide adequate separation of pedestrian and vehicular movements, and minimize impacts on the public road system;

(5) Pedestrian ways are safe and adequate, and are properly integrated with the pedestrian ways of adjacent properties and the neighborhood;

(6) Site lighting is adequate for the intended use of the property, is designed to minimize impact on neighboring properties, and is appropriate for the character of the neighborhood;

(7) The designs, locations, dimensions and architectural styles of buildings, structures and signs are in keeping with the character of the neighborhood;

(8) The site is suitably landscaped and appropriately screened from adjacent properties and the public road at all seasons of the year so as to protect the visual character of the area and to minimize negative impacts on adjacent properties and the neighborhood;

(9) Activities which are incompatible with adjacent properties are suitably buffered so as to minimize negative impacts on such adjacent properties;

(10) Changes to existing drainage patterns, or increased drainage due to development activity have no negative impacts on adjacent property, community drainage systems, or streams and wetlands;

(11) On-site activities are designed and conducted so as to minimize soil erosion and sedimentation;

(12) Water supply and sewage disposal facilities are safe and adequate;

(13) Existing vegetation, natural features and landform are preserved to the extent practical;

(14) Residential sites contain adequate and appropriate open space and recreation areas for the residents of the site;

(15) The integrity of scenic, historic and archeological sites are preserved where practical.

F. A draft stormwater prevention plan (SWPPP) as defined by and consistent with the standards of the Village of Carthage Stormwater Management and Erosion and Sediment Control Law where required.

[Added 4-19-2018 by L.L. No. 1-2018]

§ 146-17.1 Specific criteria for site plan reviews.

A. Architectural design.

(1) The architectural design, layout and function of uses and structures must not conflict with that of neighboring uses or the district.

B. Buffering.

(1) Commercial, small commercial and industrial uses and parking lots shall be buffered from adjacent residential uses.

(2) Additional setbacks from lot lines may be required, if necessary, to buffer adverse effects of a proposed use on adjacent properties.

(3) The adequacy, type and arrangement of trees, shrubs and other landscaping which constitutes a visual and/or a noise-deterring buffer between competing adjacent uses and adjoining lands shall be reviewed and approved.

C. Drainage.

(1) To the extent practicable, all development shall conform to the natural contours of the land and natural and preexisting manmade drainage ways shall remain undisturbed.

(2) All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if the retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or storm water runoff control plan; or the retention is not substantially different in location or degree than that experienced by the development site in its predevelopment state, unless such retention presents a danger to health or safety.

(3) No surface water may be channeled or directed into a sanitary sewer.

(4) Whenever practicable, the drainage system of a development shall be coordinated with the connections to the drainage systems or drainage ways on surrounding properties or roads.

(5) Private roads and access ways within unsubdivided developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of such roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require such construction.

(6) All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments. More specifically:

(a) No development may be constructed or maintained to unreasonably impede the natural flow of water from higher adjacent properties.

(b) No development may be constructed or maintained so that surface waters are unreasonably collected and channeled onto lower adjacent properties at such locations or at such volumes as to cause substantial damage to lower adjacent properties.

D. Electrical disturbance.

(1) Electrical disturbances shall not be caused so as to disrupt radio or television communications in the immediate area.

E. Erosion and sediment control.

(1) All earthmoving activities shall be conducted in such a way as to prevent accelerated erosion and the resulting sedimentation. To accomplish this, any person engaged in earthmoving activities shall effectively develop, implement and maintain erosion and sedimentation control measures. These erosion and sedimentation measures must be set forth in a plan as described below and must be available at all times at the site of the activity.

(2) The erosion and sedimentation control plan shall include, but not be limited to, the following:

(a) The topographic features of the project area;

(b) Types, depth, slope, and extent of the soils;

(c) The proposed alteration to the area;

(d) The amount of runoff from the project area and the upstream watershed area;

(e) The staging of earthmoving activities;

(f) Temporary control measures and facilities for use during earthmoving;

(g) Permanent control measures and facilities for long-term protection; and

(h) A maintenance program for the control facilities including disposal of materials removed from the control facilities or project area.

(3) During and upon completion of the project, all areas which were disturbed by the project shall be stabilized so that accelerated erosion shall be prevented.

(4) Any erosion and sedimentation control facility required or necessary to protect areas from erosion during the stabilization period shall be maintained until stabilization is completed.

(5) Upon completion of stabilization, all unnecessary or unusable control facilities shall be removed, the areas shall be graded and the soils be stabilized.

F. General nuisance effects.

(1) The site shall be designed so that any excessive noise, vibration, lighting glare, dust, fumes, smoke or odor caused by the use shall be prevented from adversely affecting and depreciating neighboring properties.

G. Hazardous materials.

(1) All buildings, structures or areas used in the production, handling, and storage of hazardous materials shall be located at least 500 feet from any lot or street line.

(2) All buildings, structures or areas used for producing, handling or storing hazardous materials must be placed on a paved, concrete, or similar solid surface and have in place walls, mounds, pits or some similar devices which, in case of leakage or spills, will retain the hazardous material on the site and prevent contamination of the soil and ground water.

(3) No hazardous material shall be disposed of on site.

(4) The entire lot on which the operation is located shall be enclosed by a fence at least 10 feet high and all entrances and exits shall be locked, have security personnel available or employ some system which restricts access to the area.

H. Impervious surfaces.

(1) Where no public storm sewers are available, no more than 65% of the gross site area may be covered by impervious surfaces.

I. Landscaping.

(1) Landscaping shall be used to enhance the visual character of the use, provide a more comfortable microclimate, aid in traffic circulation and drainage, eliminate erosion, and to provide for visual and noise barriers.

(2) Consideration shall be given to seasonal needs for solar access, wind screens and shading.

(3) Natural vegetative features of the site shall be retained and maintained when at all possible, and new vegetation shall be used that is suitable for or native to the region.

(4) Any proposed road that is part of a site plan shall have new trees planted or retain existing trees.

(5) Landscaping design should include consideration for basic site maintenance such as lawn mowing and leaf removal and should not be in conflict with snow removal and storage.

(6) Landscaping shall involve grading, seeding and regular mowing of the front yard area at a minimum.

J. Lighting.

(1) All developments shall have adequate lighting to ensure the safety and security of persons using or occupying such development.

(2) Lighting should be located along streets; parking areas; at intersections and where various types of circulation systems merge, intersect or split; along pathways; at stairways and building entrances and exits; and where buildings are set back or offset.

(3) Freestanding lights should be so located and protected to avoid being easily damaged by vehicles.

(4) All lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties and roads, and where lights along the property lines will be visible to adjacent residents, the lights should be appropriately shielded.

(5) All lights should be shielded to restrict the maximum apex angle of the cone of illumination to 150°.

(6) The style of the light and light standard should be consistent with the architectural style of the principal building.

(7) The maximum height of freestanding lights should be the same as the principal building but not exceeding 25 feet.

(8) No flood lights in excess of 100 watts shall be installed without specific written approval of the Planning Board, and spotlight-type fixtures attached to buildings should be avoided.

(9) The following intensity in footcandles should be provided:

(a) Parking lots: an average of one footcandle.

(b) Intersections: two footcandles.

(c) Maximum at property lines: 0.6 footcandles.

(d) In residential areas: an average of 0.6 footcandles.

K. Recreation and open space.

(1) In the case of residential developments, recreation areas, both playgrounds and informal recreation areas, may be required where a finding has been made that such recreation areas are necessary based on the projected population growth which the particular site plan will contribute.

(2) Nonrecreational open spaces may be required for circulation and other reasons.

L. Scenic, historic and cultural attributes.

(1) The scenic, historic and cultural attributes of the site shall be preserved to the extent practical.

(2) The integrity of existing historic site or structures on the National or State Register of Historic Places shallnot be endangered by the development.

M. Screening.

(1) Every development shall provide sufficient screening so that neighboring properties are shielded from adverse external effects of that development and the development is shielded from negative impacts of adjacent uses.

(2) When a commercial use abuts a residential property, screening may be required of sufficient height and density (i.e., fences, hedges, etc.) to reduce or eliminate conflicting environmental conditions.

N. Site layout.

(1) The elements of a site plan include such things as structures, vegetation, land forms, open space, drainage systems, and automobile and pedestrian traffic-ways. Such elements shall be laid out in such a way that they are integrated to work as a well functioning system which enhances the aesthetic quality of the site so that it is beneficial and not detrimental to the use on site or neighboring sites, or damaging or inconvenient to property or persons.

O. Vehicular and pedestrian traffic.

(1) The adequacy and arrangement of safe vehicular traffic access and circulation, including intersections, road widths, curb cuts, channelization structures and traffic controls shall be reviewed. Traffic access to and from the site, as well as on-site traffic circulation, shall be designed and constructed so as to reduce traffic hazards.

(2) No new vehicular entrances shall be provided within 50 feet of an existing intersection.

(3) The adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkways, structures, control of intersections with vehicular traffic and pedestrian convenience shall be reviewed. Pedestrian and automobile conflicts shall be minimized as much as possible, and safe passage of pedestrians shall be provided for.

§ 146-17.2 Site plan review criteria for specific uses.

Following is a list of uses with particular criteria which must be complied with in addition to the general performance criteria previously listed in this article.

A. Multiple-structure dwellings.

(1) All on-site traffic access roads shall be composed of all-weather materials and shall be built to Village standards. The interior roadways shall enter or exit onto state, county or local highways only with the permission of those respective highway departments. The curb cuts for such entrances or exits shall not be closer than 50 feet to any street intersection. Visibility on interior roadways or at exits and entrances shall not be impeded so as to cause unsafe traffic conditions as determined by the Village Planning Board. Any of these conditions may be waived or altered by the Planning Board.

(2) The interior roadway circulation system shall not be congested and shall allow for the concurrent flow of entering and exiting traffic. As stated above, the surface shall be of all-weather material, as specified by Village standards. There shall be two parking spaces for each dwelling unit. All units shall have ready access to the interior roadways and parking spaces. No interior public roadway shall be closer than 10 feet to any building. Any of these conditions may be waived or altered by the Planning Board.

(3) Buildings shall be arranged in relation to each other so that adequate provision is made for light, air, access and privacy. Each dwelling unit shall have a minimum of two exterior exposures.

(4) Within one month of the completion of construction, all landscaping must be finished and all bare grounds must be seeded. If, because of weather or time of year, it is impractical to landscape and seed, the site shall be mulched to reduce erosion until landscaping and seeding can take place. Where adjacent land use districts or uses are of a commercial, industrial or business nature, the Board may require that proper screening and buffer zones be required to reduce noise, dust and disturbances.

(5) No certificate of occupancy shall be issued for any such building or buildings unless the proposed use conforms in all respects to the site plan and the conditions stated herein.

(6) The front and rear of any principal building shall be no closer to the front or rear of any other principal building than 40 feet.

(7) The side of any principal building shall be no closer to the side, front or rear of any other principal building than 30 feet.

(8) There shall be provided on the site of such a use an area or areas devoted to the joint recreational use of the residents thereof. Such recreation space shall consist of an area not less than 25% of the total living space of all dwelling units served.

(9) Drainageways on the lots and at the interior or public roadsides shall be constructed so as to handle the capacity flows at any given time. The Soil Conservation Service or the Village Department of Public Works may be contacted to provide technical assistance on the size of the drainageway or culverts therein.

(10) Exterior lighting shall be adequate to promote safety in parking areas, interior roadways and on-lot adjacent to the dwellings.

(11) Each dwelling unit shall have at least 300 square feet of interior floor space.

B. Mobile home parks.

(1) An applicant who proposes to construct a mobile home park shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park and shall furnish the following information as part of the site plan review application:

(a) Boundaries of the park.

(b) Entrances, exits, walkways and parking spaces.

(c) Individual mobile home sites or lots.

(d) Method and plan of garbage disposal.

(e) Electric lighting.

(f) Owners and operators name and address.

(g) Compliance with New York State Health Department regulations.

(h) On-lot drainage proposals.

(2) Park location and conditions.

(a) The site of a proposed mobile home park shall:

[1] Be located where orderly development of a mobile home park can be undertaken in harmony with development of the surrounding area in terms of traffic generation, ease and safety of vehicular access to and circulation within the park, safety of pedestrian movement, location of structures, adequacy of off-street parking, placement and sizing of sewage treatment and water supply systems and other utilities, safety of fuel storage and supply, provision of open space, recreation facilities or areas, delivery of services and adequacy of landscaping and buffering; a minimum of five acres is required to establish a mobile home park.

[2] Have generally level to gently rolling topography over an area of sufficient size to allow development of the mobile home park in compliance with Subsection B(6) below without significant alteration or disturbance of existing natural amenities or features such as stands of mature trees, stream courses, shorelines, wetlands or bedrock outcroppings; and

[3] Be essentially free from adverse, unsafe or unhealthful conditions, including but not limited to flooding, ponding, poor drainage, erosion, slumping or other soil instability, breeding areas for insects or rodents, smoke, noise, odors, heat, glare or toxic or volatile substances.

(b) Travel trailers shall not be parked, whether permanently or temporarily, in any mobile home park. Mobile home parks shall be separated from travel trailer parks by a minimum distance of 250 feet.

(3) Restrictions of occupancy.

(a) No mobile home shall be admitted to any park unless it bears a manufacturer's label which certifies that, to the best of his knowledge and belief, the home is in compliance with all applicable federal construction and safety standards.

(b) Every mobile home shall bear a date plate, affixed in the manufacturing facility, bearing not less than the following standards:

[1] The statement: "This mobile home is designed to comply with the federal mobile home construction and safety standards in force at the time of manufacture."

[2] Reference to the structural zone and wind zone for which the home is designed.

[3] Every mobile home shall bear data relative to the heating and insulation zone and outdoor design temperature.

(4) Mobile home skirting.

(a) Each mobile home shall be provided with a skirt to screen space between the mobile home and the ground.

(b) Such skirts shall be of permanent material similar to that used in the mobile home and providing a finished exterior appearance.

(c) The material used shall be fire-resistant.

(5) Mobile home stand.

(a) Each mobile home site shall be provided with a stand which will give a firm base and adequate support for the mobile home.

(b) Such stand shall have a dimension approximating the width and length of the mobile home and any expansions or extensions thereto.

(c) Well-anchored tie-downs shall be provided at least on each corner of the stand.

(d) Stands shall be either a full reinforced concrete slab at least six inches thick; or six inches of compacted gravel with a reinforced concrete runner on each side of the stand to provide support. Such runner shall be a minimum of four feet wide, 65 feet long and six inches thick.

(e) The stand area shall be graded to ensure adequate drainage, but in no event shall the grade variance exceed six inches from one end of the stand to the other.

(6) Park standards.

(a) Mobile home site. Each mobile home park shall be divided (exclusive of internal roads, open space or common areas) and marked off into mobile home sites numbered consecutively, the number being conspicuously posted on each lot with such number to correspond to the lot shown on the site plan submitted.

(b) Mobile home site size. Each mobile home site shall satisfy the following requirements:

[1] Minimum site size shall be 12,500 square feet. In special cases where innovative park design for mobile home parks of 10 or more mobile homes provides clustering and allows for wide roads or a greater amount of usable recreation area or open space, exceptions may be granted. In no case, however, shall the site area be reduced below 10,000 square feet.

[2] Minimum one-hundred-foot site width.

[3] Minimum one-hundred-twenty-five-foot site depth, where exceptions are made in a minimum one-hundred-foot depth.

(c) Setbacks and spacing.

[1] All mobile homes, including expansions, extensions or other additions thereto, patios, porches or garages and all other structures in a mobile home park shall satisfy the following setback requirements. A detached structure accessory to and located on the same site with an individual mobile home shall be considered part of the mobile home for the purpose of spacing requirements.

[a] Minimum of 150 feet from the road line of any public road.

[b] Minimum of 30 feet from the center line of any roadway internal to the mobile home park.

[c] Minimum of 40 feet of spacing between adjacent mobile homes and any other structures in the mobile home park.

[d] Minimum of 20 feet from rear site lines.

[2] No internal roadway, parking lot, recreation area or storage facility for fuels, supplies or equipment shall be located within 50 feet of a property in common with adjoining property external to the mobile home park and abutting a public roadway.

(d) Park design requirements.

[1] Access. Each mobile home park shall provide for safe, legal means of access from one or more public roads as follows:

[a] Access streets shall meet the public roads at right angles and at compatible grades.

[b] Entrances shall be located directly opposite or at least 200 feet from the nearest intersection of public streets, if any, and at least 150 feet from any other entrances to the mobile home park, if any.

[c] Entrances shall have sufficient width to allow reasonable turning movements of vehicles with mobile homes attached and of service or delivery vehicles.

[d] Entrances shall be located to allow safe line-of-sight distances to and from their points of intersection with the public street.

[e] At least one common entrance and access street shall be required to serve any mobile home park having three or more mobile homes.

[f] At least two independent entrances and access streets shall be required to serve any mobile home park having 20 or more mobile homes.

[g] Access streets connecting mobile home park interior streets with the public street shall meet road standards as specified in Village subdivision regulations.[1]

[1] Editor's Note: See Ch. 122, Subdivision of Land.

[2] Internal streets.

[a] Internal streets shall be privately owned and maintained and shall provide for the safe and convenient movement of vehicles, with or without mobile homes attached.

[b] All mobile home sites shall face on and be serviced by such internal streets.

[c] All streets shall be paved and shall be designed, graded and leveled as to permit the safe passage of emergency and other vehicles at a speed of 15 miles per hour.

[d] Straight, uniform gridiron street patterns should be avoided unless they can be relieved by mobile home clustering, landscaping and an open space system.

[e] Culs-de-sac shall be provided, in lieu of closed-end streets, with a turnaround having an outside roadway character of at least 90 feet.

[f] All internal streets shall be paved and have a minimum width as specified in the Village Subdivision Law.[2]

[2] Editor's Note: See Ch. 122, Subdivision of Land.

[3] Parking.

[a] Each mobile home shall be provided with at least two off-street parking spaces adjacent to the mobile home.

[b] At least one additional off-street parking space for each three mobile homes shall be provided to accommodate guest parking, service or delivery vehicles, boat or camp trailer storage or other parking or storage demand. Such spaces shall be in centrally located parking areas without interfering with the traffic circulation of internal roads.

[c] Each parking space shall measure at least nine feet by 20 feet.

[d] Parking spaces or areas shall have at least two inches of pavement over four inches of crushed stone base.

[4] Recreational areas and open space. Easily accessible and usable open spaces shall be provided in all mobile home parks. Such open space shall have a total area equal to at least 15% of the gross land area of the park and shall be fully maintained by the park owner. All of such space shall be in the form of developed recreation areas to be usable for active recreation purposes.

[5] Walkways. A four-foot-wide hard-surfaced pedestrian walkway may be provided along and at least five feet from each access road between the entrance to the public highway and either the first mobile home unit or such location within the mobile home park as may be required by the Planning Board to assure pedestrian safety. Walkways should be a minimum of four inches thickness, except at driveway crossings where the sidewalk should be six inches reinforced thickness. Paved driveway surfaces shall abut but never cover existing walkways.

[6] Water supply. An adequate supply of water shall be provided for all mobile homes and service buildings. Where public water is available, connection shall be used exclusively, unless local authorities deem otherwise. If a public water system is not available, the development of a private water supply system shall be approved by the health authority or other authorities having jurisdiction thereof.

[7] Sewage. An approved sewage system shall be provided in all mobile home parks for the conveying, disposing and treatment of sewage from mobile homes, service buildings and other accessory facilities. Such system must be designed, constructed and maintained in accordance with the New York State Department of Health standards and regulations or the Village of Carthage Sanitary Code, as applicable.

[8] Garbage and refuse. Each mobile home lot shall be provided with at least two twenty-gallon metal or plastic garbage cans with tight-fitting covers. The cans shall be kept in a sanitary condition at all times. It shall be the responsibility of the park owner to ensure that garbage and rubbish shall be collected and properly disposed of outside the mobile home park. Exterior property areas shall be maintained free from organic and inorganic material that might become a health, accident or fire hazard.

[9] Fuel supply and storage.

[a] General requirements. All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction when provided.

[b] Specific requirements. All fuel oil tanks shall be placed at the rear of the mobile home and no closer than five feet from any exit. It is recommended that all fuel oil tanks should be buried. It is recommended that a central fuel supply system be provided. Supports or standards for fuel storage tanks are to be of a noncombustible material.

[c] Gas supply, natural. Natural gas piping systems installed in mobile home parks shall be maintained in conformity with accepted engineering practices. Each mobile home lot provided with piped natural gas shall have an approved shutoff valve and cap to prevent accidental discharge of gas.

[d] Liquefied gas. Such system shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Systems shall have at least one accessible means for shutting off gas. This means shall be located outside of the individual mobile home. All liquid propane gas piping shall be well supported and protected against mechanical injury. Storage tanks shall not be less than 100 pounds and must be located at the rear of the mobile home and no closer than five feet to any exit. It is recommended that a central underground gas storage system be furnished.

[10] Electrical service.

[a] Every mobile home park shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with local electric power companies' specifications and regulations. All wiring fixtures must have New York Board of Fire Underwriters' approval or other authority as designated by the municipality.

[b] Each mobile home stand shall be supplied with not less than a one-hundred-ampere service.

[c] Adequate lights shall be provided to illuminate streets, driveways and walkways for the safe movement of vehicles and pedestrians at night. A minimum lighting level of 0.3 footcandle shall be provided.

[d] All electrical distribution lines shall be placed underground.

[11] Television cable and telephone service. When telephone and television cable service is provided to mobile home sites, the distribution system shall be placed underground.

[12] Park office and storage facilities. The owner or manager of a park shall maintain office and storage facilities in the immediate vicinity of the park.

[13] Storage facilities. Each mobile home park shall provide 125 cubic feet of secure storage space for each individual mobile home. Such facilities shall be located either on the individual mobile home site or be a permanent structure within the mobile home park which is easily accessible to the park residents at all times.

[14] Service buildings.

[a] Service buildings, if provided, housing sanitation facilities and/or laundry shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

[b] All service buildings and the grounds of the mobile home park shall be well lighted and maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.

[15] Fire protection and control.

[a] Every mobile home park shall be equipped at all times with fire-extinguishing equipment in good working order, of such type, size and number so located within the park as to satisfy applicable regulations of the fire district within which the mobile home park is located.

[b] No open fires shall be permitted any place within the mobile home park with the exception of outdoor grills used for the preparation of foods.

[16] Proper planning and early communication with utility companies is recommended to provide necessary easements by utility companies, i.e., gas, electricity and telephone and cable television.

(7) Responsibilities of park operators and park occupants.

(a) The person to whom a permit for a mobile home park is issued shall operate the park in compliance with the standards set forth in this subsection and shall provide adequate supervision to maintain the park, its common grounds, streets, facilities and equipment in good repair and in a clean and sanitary condition.

(b) The park operator shall place or supervise the placement of each mobile home on its mobile home stand which includes ensuring its stability by securing all tie-downs and installing all utility connections.

(c) The park operator shall maintain a register containing the names of all occupants and the make, year and serial number, if any, of each mobile home. Such register shall be available to any authorized person inspecting the park.

(d) The park occupant shall be responsible for the maintenance of his mobile home and any appurtenances thereto and shall keep all yard space on his site in a neat and sanitary condition.

(e) A list of operator and occupant responsibilities shall be posted in the park office or made available upon request.

(8) All mobile homes shall contain a minimum of 980 feet of interior floor space.

(9) All mobile homes must conform to the New York State Uniform Building and Fire Code.

(10) Additions to all mobile homes will require Village approval. Such approval will be based on conformance with the State Building and Fire Code and the requirements of this Zoning Law. Exterior siding of said additions must be of a design and color that is compatible with the mobile home itself.

(11) Access. Access to all sites shall be consistent with the standards set forth in Policy and Standards for Entrances to State Highways, as revised, published by the State of New York Department of Transportation.

(12) Landscaping.

(a) Traffic movement. In areas where landscape materials are used to define paths of traffic movements, the following guidelines shall be used:

[1] Plant materials shall consist of upright juniper or yew, barberry, firethorn, evergreen euonymus or equivalent approved by the Planning Board.

[2] Plants shall be selected to achieve not more than three feet mature height. Planting height shall be 18 to 24 inches.

[3] Plants shall be spaced to create a compact hedge border at time of planting.

[4] As an alternate, street trees may be used. Trees shall be approved by the landscape consultant, 3 1/2 to four inches caliper, spaced 20 feet on center and have branching begin at a height no less than 10 feet and no greater than 12 feet.

[5] Planting beds shall be covered with the following material:

[a] Licorice mulch or approved equivalent at four inches minimum depth.

[b] Stone aggregate at three inches minimum depth.

[c] Where pedestrian cross traffic is evident, a paving material shall be used, such as paving blocks set in sand with tight joints or Expoxy-Rok or equivalent.

(b) Parking areas. In areas where landscape materials are used to complement parking areas, the following guidelines shall be used. Forty-foot planting islands at the end of or within parking areas shall contain the following materials:

[1] Columnar varieties 3 1/2 inches to four inches caliper as approved by the Planning Board shall be planted 20 feet on center.

[2] Trees with low-growing branches, gum or moisture, seeds or pods shall be avoided.

[3] Branching of trees shall begin at a height of no less than 10 feet and no greater than 12 feet.

(c) Entrance definition. Where landscape materials are used to define the point of entrance to a commercial facility, the following guidelines shall be used.

[1] Plant materials shall consist of a carefully designed variety of evergreen shrubs selected from the following:

[a] Upright yew.

[b] Japanese Andromeda.

[c] Euonymus.

[d] Laurel.

[e] Boxwood.

[f] Other evergreen varieties as approved by the Planning Board.

[2] Design may be a natural or formal setting; however, plant height shall not interfere with required sight distances.

(d) Pedestrian areas. Where landscape materials are used to complement areas intended for pedestrian activity, the following guidelines shall be used:

[1] Pedestrian areas shall be paved with concrete or paving block set in concrete.

[2] In order to minimize large areas of paving, landscape features, such as two-to-three-foot earth mounds and planters, shall be used.

[3] Plant materials shall consist of a variety of evergreen and deciduous shrubs and trees selected from the following:

	Evergreen	Deciduous
	Spreading yew	Japanese red maple
	Boxwood	Crab apple
	Laurel	Cherry
	Euonymus	Dogwood
	Juniper	Azalea
	Japanese Andromeda	Forsythia
	White pine	Lilac
	Mugo pine	Other varieties approved by the Planning Board
	Rhododendron
	Other varieties approved by the Planning Board

[4] Planting beds shall be covered with a licorice mulch or approved equivalent at four inches minimum depth.

(e) Screen. Where landscape materials are used for screening purposes, the following guidelines shall be used:

[1] When sufficient space is available, a dense screen of evergreen plant materials shall be used.

[2] Materials may include:

[a] White pine.

[b] Spruce.

[c] Hemlock.

[d] Arborvitae.

[3] Plant materials shall be eight to 10 feet in height when planted and shall be spaced to form an opaque screen, either in a single row or in multiple rows with alternate spacing.

[4] Where limited space is available, stockade or other approved fence may be used in conjunction with climbing or trellised plants.

(f) Natural area. Where landscape materials are used primarily to beautify otherwise vacant spaces, the following guidelines shall be used:

[1] Planting varieties shall be the same as § 146-17.1B(12)(d)[3] and [4].

[2] Where practical, earth forms should be used, such as two-to-three-foot landscaped mounds.

[3] Planting bed cover: same as § 146-17.1B(12)(d)[4], or, as an alternate, sod may be substituted.

(g) State and county highway right-of-way. Where landscape materials are used to complement areas within a state and county highway right-of-way, the following guidelines shall be used:

[1] The area shall be covered with sod, or, as an alternative, stone aggregate at a minimum three-inch depth may be substituted.

[2] Evergreen and/or deciduous materials shall be placed according to size approved by appropriate highway jurisdiction.

(h) General requirements.

[1] Plant materials shall be nursery grown (a copy of the state certificate of source shall be provided to the enforcement officer) and selected according to hardiness and ability to withstand highway salt conditions.

[2] Spaces to receive plant materials shall have a minimum inside width of six feet, except that where vehicle overhang is permitted, a ten-foot inside width shall be required.

[3] Loose materials, such as wood mulch and aggregate, shall be spread within a landscaped space at a level not to exceed 1 1/2 inches below top-of-curb.

[4] Areas that will receive continued pedestrian movement shall be paved.

[5] Landscape plans shall be designed by an appropriate licensed professional who shall certify as to plant hardiness and shall provide as-built plans of the completed project. The Village landscape consultant shall supervise construction and installation of landscape materials.

C. Shopping centers.

(1) A proposed shopping center development shall be in accordance with a unified site plan and architectural scheme. A site plan proposal showing the layout of the center, occupancy commitments, parking, drainage, utilities, landscaping, walkways and other similar features shall be provided by the applicant.

(2) Off-street parking shall meet the requirements outlined for store groups in the off-street parking requirements of Article III, Supplemental Uses and Regulations.

(3) Off-street loading and unloading space shall be provided in addition to the space required by Subsection C(2) above. It shall meet the off-street loading requirements of Article III, Supplemental Uses and Regulations.

(4) The Planning Board shall determine the appropriate setback distance from adjacent residential property lines based upon such conditions as traffic, noise, odor, dust and other environmental characteristics of the use. The Board may require screening (i.e., plantings, fences, etc.) of such nature as to reduce or eliminate such unfavorable characteristics.

(5) Access patterns (both on-lot and exiting/entering onto the public thoroughfares) shall not cause safety hazards. The Planning Board shall review and approve such plans.

D. Public utility facility.

(1) Such uses shall include the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission generation or distribution systems; electronic communications apparatus; solid waste transfer sites; sewage treatment plants, etc., and other similar equipment and accessories used in connection therewith for the furnishing of adequate services for the public health or safety or general welfare.

(2) The location, design, noise and operation of such facility shall not adversely affect the character of any nearby residential area.

(3) Adequate fences, barriers and other safety devices shall be provided around such new uses at a height of at least six feet.

(4) Such new uses shall be setback at least 150 feet from the nearest residential lot line. This shall not apply to existing uses or additions thereto.

E. Lumber and building supply sales and storage yards.

(1) All buildings, structures, materials storage areas, etc., shall be located at least 50 feet from all lot and street lines.

(2) When located within 150 feet of any residential structure, such operations shall be screened from the adjacent residential lot by a fence, hedge or other planting or structure so as to not be visible from the adjacent property.

(3) Any outdoor lighting shall be situated so as not to be directed at adjacent residential lots.

(4) The off-street parking requirements for business uses in Article III shall be followed, and parking lots shall be of an all-weather material (e.g., gravel, paved, etc.).

(5) Lumber and materials, storage buildings and/or areas shall be located at least 20 feet from any other lumber and material storage building or area on the lot.

(6) Direct access from the main public roadway to the lumber and materials storage buildings and/or areas shall be provided.

F. Adult uses shall be permitted in the Industrial District (I) only if the following conditions are met:

(1) Such uses may not be located within 1,250 feet, measured from lot line to lot line of churches, schools, parks, playing fields or other areas in which groups of minors regularly congregate.

(2) Uses shall not be located within 750 feet of any residential lot line.

(3) Such uses shall not be located within a seven-hundred-fifty-foot radius of another such use.

(4) Only one sign shall be permitted, visible from the exterior of a building which is occupied by a regulated use, and such sign shall be no larger than 50 square feet, nor shall such sign consist of any material other than plain lettering. No sign shall have any photographic or artistic representation whatsoever thereon. All signs must comply with all regulations and specifications as cited in industrial zones.

(5) All building openings, entries, windows, doors, etc., shall be located, covered or screened in such a manner as to prevent a view into the interior from the outside of the premises.