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Town of Massena, NY
St. Lawrence County
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Table of Contents
Table of Contents
A. 
Accessory buildings. All accessory buildings other than those used for agricultural purposes shall conform to the following provisions:
(1) 
An accessory building may be located in any required side or rear yard, provided that:
(a) 
Such building shall not exceed 25 feet in height.
(b) 
In an R-1 District, such buildings shall be set back five feet from the rear lot line, 10 feet from the side lot line, and 50 feet from the right-of-way or 108 feet from the center of the road, whichever is greater. In an R-A District, such buildings shall be set back 10 feet from the rear lot line, seven feet from the side lot line, and 50 feet from the right-of-way or 108 feet from the center of the road, whichever is greater. No accessory building shall be located between the home and road.
(c) 
All such buildings in the aggregate shall occupy not more than 30% of the area of the required rear or side yard.
(2) 
An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.
B. 
Corner lots.
(1) 
Obstruction to vision at street intersections. At all street intersections in all residence districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
(2) 
Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed a rear yard, and the other or others, side yards.
C. 
Exceptions to lot depth requirements. The required lot depth at any point may be decreased by 25% if the average lot depth conforms to the minimum requirement.
D. 
Exceptions to yard requirements.
(1) 
Permitted obstructions. Cornices or cantilevered roofs may project no more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project no more than six inches into a required yard. Fences or walls not more than six feet in height may be erected anywhere on the lot, except as set forth in Subsection B(1). Fences or walls with a height in excess of six feet shall conform to the requirement set forth herein for buildings. Paved areas, other than such are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a lot line.
(2) 
Entries and porticoes. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.
(3) 
Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the two existing dwellings with the greatest setbacks within 200 feet on each side of said proposed dwelling, on the same side of the street, within the same block and the same district.
E. 
Fences in residential districts (R-1, R-A, N-C).
(1) 
Solid fences. Except where otherwise required for visibility at street intersections, solid fences are required in side or rear yards in all districts in which residences are allowed. A permit is required. Standards for solid fences are:
(a) 
The height shall not exceed six feet.
(b) 
Solid fencing shall not be located on or within two feet of any lot line.
(c) 
A finished side must face the adjacent lot if the fence in within the yard required in the district.
(2) 
Open fences. Open lattice, picket, rail or wire fences are allowed, provided that the following standards are met and maintained:
(a) 
The height shall not exceed four feet without a permit.
(b) 
No fence shall exceed six feet in height.
(c) 
Open fencing shall contain no openings of less than one inch in the least dimension and no solid members greater than three inches, exclusive of structural posts and rails.
(d) 
Open fences may be erected in any required yard as long as there is provision for maintenance from the owner's lot.
(e) 
Barbed wire and/or electric fences are prohibited, except on operating farms or on lots seven acres in size or larger.
F. 
Swimming pools. A swimming pool shall not be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:
(1) 
Outdoor swimming pools shall not be located within a front yard in any district.
(2) 
The entire portion of the premises upon which such pool is located shall be enclosed in a good-quality fence of not less than four feet in height.
(3) 
Every gate or other opening in the fence enclosing such pool shall be kept securely closed and shall be locked at all times when said pool is not in use.
(4) 
No pool wall or related equipment shall be located within eight feet of any adjoining property.
(5) 
No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.
(6) 
Where the proposed pool is of such height or design that protective fencing is not required or is impractical, the Code Enforcement Officer may, at his discretion, issue a permit for the erection of such pool without such fencing. The Code Enforcement Officer shall, however, first make a finding to the effect that, in his opinion, the pool has equal protection from entry as would be afforded by the erection of a fence as required above.
A. 
Height regulations.
(1) 
Where a lot has frontage on two or more streets or other public rights-of-way, the height limitations shall apply only as measured from the curb level along the street or way with a higher elevation above sea level.
(2) 
Structures, such as chimneys, flues, towers and spires, shall be exempt from height limitations, provided that they occupy not more than 20% of the roof area.
B. 
Waiver of yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.
C. 
Courts. The minimum dimension of an inner court shall not be less than twice the height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such a wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. The minimum dimensions of an outer court shall be 20 feet, and its depth shall not exceed the width.
A. 
No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed except as expressly permitted in this chapter.
B. 
Billboards shall be authorized only in N-C and H-C Districts after site plan review by the Planning Board. Approved billboards shall be issued an occupancy permit and shall be subject to annual review for compliance with these requirements and any conditions of site plan review approval. An annual renewal of the permit by the Code Enforcement Officer is required.
(1) 
The Planning Board, in conducting site plan review of billboard applications, shall ensure the signs are constructed, lighted, light shielded and landscaped so to minimize any safety hazards and blend with both the natural and built landscape of the surrounding area. Landscaping and sign design and placement shall, wherever possible, preserve and take advantage of natural backdrops.
(2) 
No billboard shall be higher than 30 feet above the average elevation of the surrounding natural grade or larger than 300 square feet in sign surface area.
(3) 
All billboards shall be located outside the highway right-of-way.
(4) 
All billboards shall be removed by the owner within 30 days following permit expiration.
(5) 
An engineering certification shall accompany the application for an off-premises sign permit. The engineering certification shall indicate, under the seal of a professional engineer, that the proposed off-premises sign shall not, if built to design standards, present a safety hazard.
(6) 
The minimum distance required between all off-premises signs shall be 500 feet as measured along the center line of the abutting roadway. Also, such signs shall be located on parcels of at least 500 feet frontage. Signs located on the opposite sides of the road or in an adjacent municipality are subject to this distance requirement. No off-premises sign shall be erected within 250 feet of any existing freestanding on-premises sign. No off-premises sign shall be erected within 500 feet of any existing residential dwelling or residential zoning district.
(7) 
Billboards shall comply with building setbacks for structures located in the respective zoning district.
(8) 
Tri-Vision or equivalent signage (with rotating, triangular cross-section members that change the sign display in its entirety) may be used.
(9) 
All billboards shall be landscaped to ensure they blend into the surrounding natural landscape. Additionally, trees greater than four inches in diameter removed for construction of the sign shall be replaced with new landscaping providing an effective natural backdrop and buffering for the new signage.
C. 
Signs in residential districts (R-1 and R-A).
(1) 
Signs for home occupations shall not be larger than four square feet nor more than eight feet above the ground at maximum height, nor more than one in number.
(2) 
Signs for other uses shall not be larger than 32 square feet nor more than eight feet above the ground at maximum height nor more than two in number.
(3) 
Freestanding signs may be located within required front yards, but no closer than 25 feet from the pavement.
D. 
Signs in commercial districts (N-C).
(1) 
Signs for home occupations shall meet residential district standards listed in Subsection C above.
(2) 
Signs for other uses shall not be larger than a total of 64 square feet in area, nor more than 16 feet above the ground nor more than two in number, exclusive of directional signs.
(3) 
Freestanding signs may be located within required front yards, but no closer than 25 feet from the pavement.
E. 
Signs in commercial districts (H-C). Business signs erected in an H-C District shall not project into a public street or right-of-way and shall not be closer than 25 feet to any lot line. No sign, attached or unattached, shall be higher than the principal building to which it is an accessory, and no sign shall be erected upon the roof of any building. The gross surface area of a business sign in the H-C District shall not exceed two square feet per linear foot of building frontage and shall not exceed 450 square feet. All signs shall have sufficient clearance so as to provide clear and unobstructed visibility for vehicles entering and leaving the highway. Only two signs are permitted on a building, unless approved by the Planning Board when site plan is approved. Pylon signs shall not exceed 25 feet in height nor more than 600 square feet with a limit of two signs. All signs must be 25 feet from any dedicated road or right-of-way by town, county or state. Billboards must conform to already existing regulations.
F. 
Signs in industrial districts (I). Signs in industrial districts shall not exceed standards in Subsection B for billboards, with the following exceptions:
(1) 
Billboards per se are prohibited. Billboard standards are applied to other signs.
(2) 
Expiration provisions are not applicable.
G. 
The following types of signs or artificial lighting are prohibited:
(1) 
Flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(2) 
Signs which compete for attention with or may be mistaken for a traffic signal.
(3) 
Artificial lighting which directly illuminates an abutting residential property.
H. 
Vehicle signs. Signs displayed on a parked trailer or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity shall be prohibited. This regulation shall, however, permit the use of business logos, identification or advertising on vehicles primarily and actively used for nonadvertising business purposes.
I. 
All districts. All temporary signs erected for a special event or property sale, rental or repair shall be removed by the property owner or his agent after 30 days.
A. 
Off-street parking requirement. Off-street parking spaces, open or enclosed, shall be provided as follows:
(1) 
Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations.
(2) 
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on corner lots as provided in § 207-31B(2).
(3) 
Size of spaces. One hundred seventy-one square feet shall be considered one parking space. Entrance and exit lanes shall not be computed as parking space, except for driveways for one-family and two-family residences. The minimum parking stall width shall be nine feet, and the minimum length shall be 19 feet.
Parking Schedule
Use
Minimum Required Parking Spaces
Dwelling unit
1
Dwelling used as doctor's or dentist's office
4 for each doctor or dentist, plus 1 for each 2 employees, plus one for the dwelling unit
Dwelling used as a professional office other than by a doctor or dentist or in which there is conducted a home occupation
3 or as determined by the Planning Board, based on the activity involved
Sanatoriums, nursing homes, philanthropic or eleemosynary institutions
1 for every 3 beds, plus 1 per employee on the largest shift
Place of worship
1 for every 4 seats in the principal meeting room
Membership clubs and fraternal lodges
1 for each 2 employees, plus 1 for each 300 square feet of floor area
Theater
1 for every 4 seats
Bowling alley
6 per alley
Retail business
1 for each 300 square feet of sales area
Service business
1 for each 300 square feet of floor area
Restaurant
1 for each 3 seats, plus 1 for each 2 employees on the largest shift
Professional office other than for a doctor or a dentist
1 for each 300 square feet of floor area or 1 per employee, whichever is greater
Office of a doctor or a dentist
4 for each doctor or dentist, plus 1 for each employee
Funeral home
1 for each 60 square feet of floor area available for public use
Manufacturing, wholesaling and warehousing
1 for each 600 square feet of floor area or one per employee, whichever is greater
Hotels, motels, boardinghouses, and rooming houses
1 for each guest room and 1 for each employee during the largest shift
Uses not listed
As determined by the Planning Board to be needed to prevent frequent parking on the streets by persons visiting or connected with such use
B. 
Regulations for parking spaces adjacent to lots in any residential districts.
(1) 
Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally, such screen shall not be less than three feet nor more than eight feet in height.
(2) 
Whenever a parking area of over five spaces is located across the street from other land in any other residence district, it shall be screened from the view of such and by a thick hedge, wall or fence approved by the Planning Board, located along a line drawn parallel to the street and a distance of 20 feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three feet nor more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.
C. 
Parking of commercial use vehicles in R-1 Districts.
(1) 
One commercial use vehicle not exceeding 35 feet in length may be parked on an occupied lot but not within the required yards of such lot and in no case between the street line and the principal building.
(2) 
One commercial use vehicle not exceeding 35 feet in length may be parked within a private garage.
(3) 
Farm vehicles are permitted as accessories to a farm use in any residence district, provided that they are not kept within the required yards of such lot, and in no case between the street line and any principal building.
D. 
Storing and parking of recreational vehicles.
(1) 
Permitted uses. Any recreational vehicle, as defined in § 207-70, may be stored or parked in any residential zone, only as follows:
(a) 
On any lot or parcel of property within a residential zone, in the rear of and not closer than three feet to any building or structure or any lot or parcel line.
(b) 
In a side or front driveway of a lot or parcel of property in a residential zone, but not closer than three feet to any building or structure or any lot or parcel line and not so as to block the view of traffic moving along the street nearby to the property on which the recreational vehicle is stored and, additionally, not closer than 15 feet to the closest public sidewalk or street line, whichever is nearest to the stored or parked recreational vehicle.
(c) 
An unmounted pickup (slide-in) camper, truck cap, boat or snowmobile may be stored or parked on any lot or parcel within a residential zone but not closer than three feet to any building or structure and so as not to block the view of passersby and of cars being driven out of driveways and the view of traffic moving along the street nearby to the property on which the recreational vehicle is stored and not closer than 15 feet to any public sidewalk or street line and not closer than three feet to any parcel or property line.
(d) 
Where a building permit has been issued for the construction or alteration of a building, the Code Enforcement Officer may issue a temporary permit for one mobile home for a period not to exceed six months. Said temporary permit may be extended for one additional period of six months if the Code Enforcement Officer finds that construction has been diligently pursued and that justifiable circumstances require such an extension. The mobile home may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit by the Code Enforcement Officer, the location of the mobile home on the lot shall be approved by the Town Planning Board, which may attach to its approval whatever conditions it deems necessary to carry out the intent of this chapter.
(e) 
One boat may be stored on an occupied lot in any residence district, provided that it is not stored in the required front yard of such lot.
(f) 
Camping in a recreational vehicle by the owner, or a nonpaying guest, on his or her own property shall be permitted provided a permit of no more than two weeks in consecutive days has been issued by the Code Enforcement Officer pursuant to this chapter, appropriate sanitary facilities and/or sewage disposal systems are in place to serve the unit and the lot on which the unit is to be placed is a minimum of 50 feet in width. The Code Enforcement Officer shall develop and enforce a permit system which shall be applicable to all such camping. No permit, however, shall be required for tent camping by owners in the rear or side yard of any residence for more than 14 continuous days.
(2) 
Prohibited uses of recreational vehicles.
(a) 
No stored or parked recreational vehicle, as defined herein, shall be occupied or used for human habitation, including but not limited to sleeping, eating or resting between the hours of 10:00 p.m. and 6:00 a.m., local time, except in compliance with Subsection D(1)(f).
(b) 
No recreational vehicle, as defined herein, or unmounted boat or snowmobile which is in a state of externally visible disrepair or partial construction shall be stored or parked in any side or front driveway in a residential zone. It may, however, be stored or parked in the rear of such lot or parcel of property in the residential zone but in no event closer than three feet to any building or structure or to any lot or parcel or property line.
E. 
Unregistered vehicles. Open storage of more than one unregistered motor vehicle is prohibited on any lot in a residential district.
The following uses are prohibited in all districts:
A. 
Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution; by reason of the deposit, discharge or dispersal of liquid or solid waste in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area; by reason of creation of noise, vibration, electromagnetic or other disturbance; or by reason of illumination by artificial light or light reflection emanation; which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare. This subsection shall not be interpreted in any manner that would prohibit sound agricultural activities.
B. 
Artificial lighting facilities of any kind with light sources visible beyond the lot lines which create a glare beyond such lines.
C. 
Amusement parks and circuses and related activities except for a temporary period on special permit from the Town Board.
D. 
Landfill or dump, except a dump established as an official Town dump or duly licensed as a dump by the Town Board.
The Planning Board may approve cluster developments in all residential districts according to the procedures and requirements specified below. The purpose of such development is to provide flexibility in the design and development of land in such a way as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open space.
A. 
The maximum number of single-family lots that may be approved in a cluster development shall be computed by subtracting from the total net area a fixed percentage of 35% of total net area to be reserved as open space and dividing the remaining 65% of the area in a manner which will result in a gross density that is no higher than would occur under conventional development in the particular zoning district. In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public utility easements in such a manner as to prevent their use and development shall not be considered part of the total net area.
B. 
The minimum area of a cluster development shall be 25 acres, and such development shall be in single ownership or under unified control.
C. 
Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article XIII and the following conditions:
(1) 
Said site plan shall include areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed (if any) parking spaces and streets, driveways and any other physical features relevant to the proposed plan.
(2) 
Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions.
(3) 
Said site plan shall be subject to review and public hearing by the Planning Board in the manner prescribed in the Town Law § 276 (subdivision regulations).
D. 
A cluster development shall be organized as one of the following: a homes association approved by the Federal Housing Administration for mortgage insurance as a planned unit development and by the Town Board, a homes association approved by the Town Attorney and Town Board, or any other arrangement approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a homes association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and the character of said homes association and to require whatever conditions deemed necessary to ensure that the intent and purpose of this chapter are carried out.
A. 
Purposes.
(1) 
It is the purpose of this article to permit but not require, upon receipt and approval by the Town Board of an application made by the landowner(s), the establishment of a zoning classification entitled "Planned Unit Development (PUD) District." Such district may provide:
(a) 
A maximum choice in the type of residential, commercial, light industrial and recreational uses and community facilities that can be developed.
(b) 
More usable open space and recreation areas.
(c) 
More convenience in location of certain accessory commercial and service areas.
(d) 
The preservation of trees, outstanding natural topography and geological features and the prevention of soil erosion.
(e) 
A creative use of land and related physical development which allows an orderly transition from rural to urban uses.
(f) 
An efficient use of land resulting in small networks of utilities and streets and thereby lower housing costs.
(g) 
A development pattern in harmony with objectives of the Town of Massena Comprehensive Plan.
(h) 
A more desirable environment than would be possible through the strict application of other articles of this chapter or Chapter 191, Subdivision of Land.
(2) 
Generally, these floating districts (permitted within certain zones) are intended to provide landowners who wish to develop functionally integrated communities or complexes with the flexibility to do so, provided that sufficient open space will be preserved and the development is designed with safeguards to protect the public health, safety and welfare.
B. 
Procedures. The Town Board shall establish PUD Districts in the following manner:
(1) 
The owner(s) of the land in a proposed PUD District shall initially apply to the Town of Massena Planning Board for the establishment of a PUD Planned Unit Development District. The application shall be in writing and include a sketch plan. See the PUD Process Flow Chart at the end of this chapter.
(a) 
Said sketch plan shall be drawn to scale, though it need not be to the precision of a finished engineering drawing, and it shall indicate the following information:
[1] 
The location and types of the various uses and their areas in acres.
[2] 
The general location of principal and accessory buildings on the site in relation to one another and to other structures and used in the vicinity, including bulk and height.
[3] 
Delineation of the various residential areas, indicating for each such area its general location, acreage and composition in terms of total number of dwelling units, approximate percentage allocation of dwelling units by type and the calculation of the residential density in dwelling units per gross acre of site area.
[4] 
The general outlines of the interior roadway system and all existing public and private rights-of-way and easements.
[5] 
The location and area of the common open space.
[6] 
The overall drainage system.
[7] 
A location map showing uses and ownership of abutting lands.
[8] 
Provisions of sewers, water and other required utilities.
(b) 
In addition, the following documentation shall accompany the sketch plan:
[1] 
Evidence that the proposal is compatible with the goals of the Town of Massena Comprehensive Plan.
[2] 
How common open space is to be owned and maintained.
[3] 
If the development is to be staged, a general indication of how the staging is to proceed. The sketch plan shall show the total project whether or not the proposed development is to be staged.
(2) 
The Planning Board shall review the sketch plan and related documents and render a report to the applicant on the acceptability of the proposal along with recommendations for changes or improvements, if any. An unfavorable report shall state clearly the reasons therefor and, if appropriate, advise the applicant what revisions are necessary to receive acceptance.
(3) 
Upon receipt of the Planning Board's report, which shall be made within 62 days of the meeting at which the sketch plan is initially presented, the applicant shall submit a preliminary PUD development plan for the project to the Planning Board, including but not limited to all information required under the Town of Massena Subdivision Law[1] and for purposes of compliance with the State Environmental Quality Review Act (SEQRA). The applicant shall also submit, in the form of a letter or brief, information indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter and the following additional information:
(a) 
An area map showing the property proposed for PUD and adjacent property, if any, owned by the applicant and all other properties, roads and easements within 500 feet of the applicant's property.
(b) 
The preliminary PUD development plan shall show the location, proposed uses and height and bulk of all buildings; locations of all parking and truck loading areas, with egress thereto; location and proposed development of all open spaces; location of all existing or proposed site improvements; description and location of water supply, sewerage system and storm drainage system; location of all signs and designs of lighting facilities; the extent of building area proposed for nonresidential uses, if any; the location of existing watercourses and wetlands; and the location of municipal and fire, light and school district boundaries.
[1]
Editor's Note: See Ch. 191, Subdivision of Land.
(4) 
Action on preliminary plan.
(a) 
Within 62 days of the receipt of a completed preliminary PUD development plan, the Planning Board shall review such submission, act upon the SEQRA submission, conduct a public hearing on the development plan and recommend action to the Town Board regarding establishment of a PUD District to accommodate the proposed project. It shall concurrently approve, disapprove or approve with the modifications the preliminary development plan, conditioning any approval on action of the Town Board with respect to the PUD District.
(b) 
The Planning Board shall approve the PUD plan if it finds that:
[1] 
The proposed uses will not be detrimental to present and potential uses in the area surrounding the proposed district.
[2] 
Existing and future highways are suitable and adequate to carry anticipated traffic associated with the proposed district.
[3] 
Existing and future utilities are or will be adequate for the proposed development.
[4] 
The development plan complies with the requirements of this chapter and is consistent with the Town of Massena Comprehensive Plan.
(c) 
Preliminary approval by the Planning Board shall be in the form of a written statement to the applicant and may include recommendations to be incorporated in the final site plan. If the preliminary development plan is disapproved, the statement of the Planning Board shall contain the reasons for disapproval. The Planning Board may recommend further study and resubmission of a revised preliminary development plan.
(5) 
When the Planning Board has approved a PUD development plan for a proposed district, the plans shall be filed in the office of the Town Clerk, and the Town Board shall then proceed to consider amendment of the law in accord with the Town Law, conducting a hearing and acting upon the same within 90 days of the meeting at which the Planning Board's recommendation is received. The Town Board shall, where appropriate, provide for County Planning Department review of the proposal and may attach conditions to its approval. When any planned PUD District is not substantially developed in accordance with the approved preliminary development plan for a period of three years from the effective date of its establishment, and provided that it shall then appear that rights vested in persons acting in good faith in reliance on such zoning classification will not be prejudiced thereby, the Town Board, upon resolution and no earlier than 62 days following written notice to the applicant and general publication in a newspaper of general circulation, may declare the same, by which action the change in classification to a PUD District shall be voided. The Town hereby exercises its authority under § 10 of the Municipal Home Rule Law to supersede § 264 of the New York State Town Law so as to permit voiding of a zoning change without resorting to further rezoning procedures.
(6) 
Final approval.
(a) 
After the Planning Board has approved the preliminary PUD development plan, and provided the Town Board has approved the establishment of the PUD District, the applicant shall prepare a final PUD development plan, including all information required under Chapter 191, Subdivision of Land, and submit it to the Planning Board for final approval.
(b) 
Where more than 12 months have elapsed between the date of preliminary approval and the time of submission of the final PUD development plan, and where the Planning Board finds that conditions affecting the plan have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary PUD development plan for further review and possible revision prior to accepting the proposed final PUD development plan for approval by the Planning Board. The applicant(s) may, or the Planning Board may require the applicant to, submit the final development plan in stages.
(c) 
The final PUD development plan shall conform substantially to the preliminary development plan approved by the Planning Board and meet all requirements set forth in Chapter 191, Subdivision of Land, pertaining to final plans. It shall incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Town Board at the time of preliminary review.
(d) 
Within 62 days of the receipt of a completed application for final PUD development plan approval, the Planning Board shall review and act on such submissions and so notify the Town Board. If no decision is made within 62 days, the final development plan shall be considered approved.
(e) 
Upon approving an application, the Planning Board shall endorse its approval on a copy of the final PUD development plan and shall forward it to the Building Inspector, who may then issue a building permit to the applicant if the project conforms to all other applicable requirements of the Town.
(f) 
If the application is disapproved, the Planning Board shall notify the applicant and Town Board of its decision, in writing, and its reasons for disapproval.
(g) 
Final PUD development plan approval shall constitute final approval under the Town Subdivision Law,[2] and a copy shall be filed in the St. Lawrence County Clerk's office.
[2]
Editor's Note: See Ch. 191, Subdivision of Land.
(h) 
No building permits shall be issued for construction within a PUD District until all required improvements are installed or a performance bond is posted in accordance with the procedures provided by the Town Subdivision Law.
C. 
General requirements.
(1) 
Location. A PUD District may be permitted within any underling zoning district.
(2) 
Minimum site area. A PUD District should comprise at least 20 contiguous acres of land, although lesser-sized tracts may be approved at the discretion of the Planning Board and the Town Board.
(3) 
Density and open space. The density and open space standards applicable to conservation subdivisions shall also apply to all PUD projects.
(4) 
Utilities. All uses situated in a PUD District shall be served by central water and sewerage systems. The Planning Board may, at its discretion, approve on-site water and sewer for a PUD with fewer than 50 lots and fewer than 200 residents (in compliance with Part 74, Public Health Law, § 1120), providing that site conditions such as soil condition, slope, and percolation rates are suitable. All water, sewer and gaslines (where available) and all other lines providing power and communication service shall be installed underground in the manner prescribed by the appropriate state and local agency and/or utility company having jurisdiction.
(5) 
Permitted uses. All residential uses (except mobile homes, hotels, motels and resorts) and commercial, light industrial and recreational uses shall be permitted in PUD Districts.
(6) 
Other zoning regulations. With the exception of lot and yard requirements which may be waived or modified by the Planning Board, the PUD District shall comply with all other provisions of this chapter. No modification or waiving of density standards generally applicable to PUD Districts shall be permitted. Density for nonresidential uses shall be determined on the basis of projected sewage flows, with an equivalent dwelling unit being that amount of flow normally associated with a one-family residential dwelling.
(7) 
Ownership. The land proposed for a PUD District may be owned, leased or controlled either by an individual, corporation or by a group of individuals or corporations. PUD District applications shall be filed by the owner or jointly by all owners of the property included in the application. In the case of multiple ownership, the approved plan shall be binding on all owners.
(8) 
Organization. A PUD District may be organized as a condominium, a cooperative, a leasehold or held in individual or corporate ownership. If a property owners' association (POA) is to be established, and one shall be required if any property is to be held in common, such POA shall be organized as provided for conservation subdivisions in the Town Subdivision Law.[3]
[3]
Editor's Note: See Ch. 191, Subdivision of Land.
(9) 
PUD Process Flow Chart: included at the end of this chapter.
A. 
Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Massena; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, consideration of visual impact assessment and appropriate landscaping so as to minimize the impact upon the environment.
B. 
Application.
(1) 
No telecommunications facility, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications facility unless in conformity with these regulations. These regulations shall not, however, apply to emergency services communications systems or to ham radio and television facilities of less than 100 feet in height.
(2) 
Applicants proposing new telecommunications facilities, physical expansion of existing telecommunications facilities or the location of telecommunications facilities within or on other existing structures shall require a special use permit and site plan review hereunder.
(3) 
Applications for cellular communications towers to be erected by other than FCC-licensed carriers shall require evidence of agreement with one or more such carriers to occupy the towers.
(4) 
Applicants proposing to co-locate new telecommunications arrays on a previously approved telecommunications facility without extending the height thereof or otherwise physically expanding the facilities except for additional equipment buildings within previously designated fenced-in areas shall not require a special use permit or site plan review but shall require accessory use permits.
(5) 
All applications for special use permits to construct telecommunications facilities shall be accompanied by the following additional information where applicable:
(a) 
Documentation of intent from the owner of any existing facility to allow shared use of the same.
(b) 
A site plan depicting all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping and shall include grading plans for new facilities and roads. Any methods used to conceal the modifications of the existing facility shall also be indicated on the site plan.
(c) 
A professional engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of any existing structure and explaining what modifications, if any, will be required in order to so certify. A soils report prepared by such professional engineer shall also be submitted to support the design specifications of the foundation for any new tower, and anchors for the guy wires, if used.
(d) 
A completed visual environmental assessment form addendum. This addendum shall be accompanied by a visual impact assessment which shall include:
[1] 
A Zone of Visibility Map, which shall be provided in order to determine locations where the tower may be seen.
[2] 
Visual representations of "before" and "after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.
[3] 
Assessment of alternative tower designs and color schemes (see below).
[4] 
Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
[5] 
Review of those alternative sites determined to be feasible from an engineering perspective (see requirements below) to determine which would be in the best interest of preserving the aesthetic and natural character of the neighborhood.
(e) 
A certified copy of the Federal Communications Commission (FCC) license to operate the telecommunications facility.
(f) 
If land is leased, documentation of intent from the owner to allow use and affirming intent to remove the tower if abandoned, obsolete or unused for more than 24 months.
(g) 
A letter of intent committing the owner of any proposed new tower and successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. Failure to abide by the conditions outlined in the letter may be grounds for revocation of any special use permit granted. The letter shall commit the new tower owner and his/her successors in interest to:
[1] 
Respond within 90 days to a request for information from a potential shared-use applicant.
[2] 
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
[3] 
Allow shared use of the new tower if another telecommunications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(h) 
Documentation that the proposed tower adequately addresses all aspects of aviation safety in view of known local aviation traffic as well as federal aviation regulations (Code of Federal Regulations Part 77).
(i) 
All property owners and adjacent municipalities within 500 feet of the outside perimeter of the communications structure, including guy wires, shall be notified by certified mail at least 10 days prior to the Planning Board granting special use approval for such a structure. This responsibility shall be the applicant's, and such applicant shall provide proof of notification as part of its final application.
(j) 
A site location alternative analysis, including an analysis of the location priorities set forth in Article IX of this chapter, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
[1] 
How the proposed location of the wireless telecommunications tower or antennas relates to the objective of providing full wireless communications services within the Town of Massena.
[2] 
How the proposed location of the wireless telecommunications tower/facility relates to the location of any existing antennas or towers within or near the Massena area.
[3] 
How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennas or towers within and near the Town of Massena by the applicant and by other providers of wireless telecommunications services within the area.
[4] 
How the proposed location of the wireless telecommunications tower/facility relates to the Town's goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated, taller towers with many users at greater tower heights at random locations throughout the Town of Massena.
C. 
Special definitions. As used in this chapter, the following terms shall have the meanings indicated:
ANTENNA
A device of 35 feet or more in height used to collect or transmit telecommunications or radio signals. Examples are panels, microwave dishes, and single poles known as "whips." This definition is not meant to include home television or amateur radio apparatus.
ARRAY
Telecommunications signal receiving or transmitting device attached to telecommunications tower and not extending the height thereof.
TELECOMMUNICATIONS EQUIPMENT BUILDING
The building in which the electronic receiving and relay equipment for a telecommunications facility is housed.
TELECOMMUNICATIONS FACILITY
Consists of the equipment and structures involved in receiving or transmitting telecommunications or radio signals, but limited to those facilities with respect to which the state and federal governments have not, under public utility laws, strictly preempted the Town of Massena from regulating.
TOWER
A structure of 35 or more feet in height that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures include monopoles and lattice construction steel structures.
D. 
Design and location standards. The following design and location standards shall apply to all telecommunications facilities:
(1) 
The location of the tower and equipment building shall comply with all natural resource protection standards of this chapter.
(2) 
An evergreen screen consisting of a row of eight-foot-high evergreen trees planted 10 feet on center maximum shall be located around the perimeter of the security fence. The Planning Board may, however, modify or waive screening requirements if the site is entirely or partially wooded so as to provide existing screening. Existing on-site vegetation shall be preserved to the maximum extent possible.
(3) 
An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.
(4) 
The tower and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute, TIA/EIA-222-F manual, as amended, and withstand wind gusts of up to 100 miles per hour.
(5) 
An antenna may not be located on a building or structure that is listed on a historic register or within 500 feet of such a structure.
(6) 
Telecommunications facilities shall be permitted as a sole use on any lot in R-A and I Districts subject to special use procedures and the following: a) all proposed telecommunications tower and accessory structures shall be located on a single parcel and a set back from abutting residential parcels, public property or street lines a distance sufficient to contain on site substantially all ice fall or debris from tower failure and preserve the privacy of the adjoining residential properties; b) lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements; if the land is to be leased, the entire lot required shall be leased from a single parcel; c) all tower bases shall be located at a minimum setback from any property line a minimum distance equal to 1 1/2 times the height of the tower. Provided that no residences directly adjoin the site, and the applicant can demonstrate that lesser standards will, because of buffers and screening, not have a major aesthetic impact on the area or unduly interfere with the use and enjoyment of such adjacent properties, setback requirements may specifically be reduced to the fall-down limit plus 15 feet. This provision shall also apply where the net effect of requiring the full setback would be to necessitate additional lighting or tower height.
(7) 
A telecommunications facility shall be permitted on a property with an existing use subject to the following conditions:
(a) 
The telecommunications facility shall be fully automated and unattended on a daily basis and shall be visited only for periodic maintenance.
(b) 
Minimum lot area. The minimum lot area required above shall apply to the area proposed for use as a telecommunications facility, and the land remaining for accommodation of the principal use on the lot shall comply with the standard minimum lot area for the district.
(c) 
Minimum setbacks. The minimum yards required above shall apply to the area proposed for use as a telecommunications facility, and the land remaining for accommodation of the principal use on the lot shall comply with the standard minimum yard provisions of the district.
(d) 
Access. The vehicular access to the equipment building shall, whenever feasible, be provided along the circulation driveways of the existing use.
(e) 
Maximum height:
[1] 
Tower: 200 feet.
[2] 
Equipment building: 30 feet.
(8) 
Where an antenna for a telecommunications facility is to be attached to an existing structure or building, it shall be subject to the following conditions:
(a) 
Maximum height: 75 feet above the existing building or structure.
(b) 
If the applicant proposes to locate the telecommunications equipment in a separate building, the building shall comply with the minimum setback requirements for the subject zoning district, an eight-foot-high security fence shall surround the building, a buffer yard shall be planted as required above, and vehicular access to the building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(c) 
Elevations of existing and proposed structures showing width, depth, and height, use statistical data on the antenna and support structure shall be presented.
(d) 
The antenna or array shall be camouflaged or otherwise designed to be aesthetically compatible with the existing architectural and natural environment.
(9) 
Notwithstanding minimum setbacks provided for above, any tower shall be set back from all property lines a distance that is at least equal to the height of the tower.
(10) 
Vehicular access shall be provided to the facility and be of such passable condition as to be safely accessible by emergency and maintenance vehicles and equipment. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the edge of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Parking shall be provided to assure adequate emergency and service access in accordance with the Code.
(11) 
No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.
E. 
Plan review criteria. Communications facilities shall be subject to all the ordinary review criteria applicable to special uses plus the following:
(1) 
The Planning Board shall be satisfied that the tower for the communications facility is the minimum height necessary for the service area and that the site chosen is the one that will afford the opportunity to construct the lowest-height communications tower possible, taking into consideration all lands available within a reasonable distance, including those which may lie within adjoining municipalities.
(2) 
The need for additional buffer yard treatment shall be evaluated. Proximity of the communications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes of access or safety.
(3) 
Visual assessment data shall be used to determine how the communications facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents as well as travelers. Camouflaging or relocation of the structure may be required. The Planning Board shall also consider alternative sites in assessing visual impacts and the imposing of conditions as may be required to minimize such impacts, including requirements that any tower be of a shape, contour and finish (either painted or unpainted) that minimizes its visual impact. The Planning Board may also require a tower to be in the shape of a tree, flagpole, church steeple or other similar tall structures. Accessory structures shall similarly maximize the use of building materials, colors and textures designed to blend with natural surroundings.
(4) 
Freestanding pole-type communications structures shall be given preference over towers supported by guy wires.
(5) 
All communications structures shall be lighted for safety in a manner consistent with industry best practices, and where lighted, additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.
(6) 
Should any tower cease to be used as a communications facility, the owner or operator or then owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Town of Massena to remove the facility and charge back the cost of removal to the foregoing parties. The Town of Massena may also file a municipal lien against the land to recover the costs of removal and attorney's fees.
(7) 
Shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be given preference over construction of new towers. Where shared use of all existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with § 207-38B(5)above. Any proposals for a new telecommunications tower on an existing site shall also be subject to special use permit procedures.
(8) 
An applicant for approval of a communications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Town for the purpose of assessing the feasibility of co-located facilities, and co-location shall be mandatory wherever physically feasible. Should co-location not be feasible, the applicant shall demonstrate that a good faith effort has been made to mount the antenna on an existing building or structure, including proof of contacts, building investigations and similar evidence. Should such efforts fail to result in a suitable site, a new communications tower may be permitted but shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities, including provision of the necessary tower height to accommodate such other users without adding additional height in the future. Where co-location is proposed, the different companies using the facility shall also work from common maintenance and service buildings, if the same are located on the site.
A. 
Findings. There is currently, in certain areas of New York State, a substantial growth in the number of adult entertainment uses and an increasing trend toward the concentration of adult entertainment establishments. Based upon recent studies evaluating the nature and extent of adverse secondary effects caused by adult uses in residential and commercial areas, including a 1996 study by the City of Newburgh, a 1994 study by the City of New York, and a 1980 study by the City of Islip, the Town Board hereby finds that adult uses have negative secondary impacts such as a deterioration of community character and quality of life, depreciation of property values, increase in crime rates, and the blighting or downgrading of surrounding neighborhoods and commercial uses.
B. 
Purpose. In the development and execution of this section, it is recognized that there are some adult uses which, because of their very nature, are recognized as having serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of surrounding neighborhoods or land uses, increase crime or police calls, contribute to the spread of prostitution and AIDS, increase the quantity of transients in residential and commercial areas, cause a deterioration in the quality of life in residential neighborhoods, increase the accessibility of adult-oriented material and entertainment to minors, and encourage residents and businesses to locate elsewhere.
C. 
Special definitions.
(1) 
As used in this chapter, the following terms shall have the meanings indicated:
ADULT USE
An establishment consisting of, including, or having the characteristics of any or all of the following:
(a) 
Adult bookstore, newsstand, video store, or combination: An establishment having more than 40% of its stock-in-trade, floor area, or display area used for the sale or rental of books, magazines, publications, tapes, or films that are distinguished or characterized by the emphasis on sexually oriented material depicting, describing, or relating to sexual activities or anatomical genital areas.
(b) 
Sex shop: Any establishment offering, for sale or rent, items from any two of the following categories: sexually oriented books, magazines and videos; leather goods marketed or presented in a context to suggest their use for sexual activities; sexually oriented toys or novelties; or video viewing booths; or an establishment that advertises or holds itself out in any forum as a sexually oriented business.
(c) 
Video viewing booth: often referred to as "peep shows" and characterized by small private booths rented to individuals to view sexually explicit films or tapes.
(d) 
Adult motion-picture theater: A building used for presenting films distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
(e) 
Adult cabaret: An establishment, either with or without a liquor license, offering sexually oriented live entertainment, which may include topless and go-go dancers, strippers, or male or female impersonators.
(f) 
Head (drug paraphernalia) shop: An establishment having more than 40% of its stock-in-trade, floor area, or display area used for the sale, lease, trade, gift or display of drug paraphernalia, or an establishment that advertises or holds itself out in any forum as a drug or drug-paraphernalia-oriented business.
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
(a) 
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately about the top of the areola; or
(b) 
Human male genitals in a discernibly turgid state even if completely and opaquely covered.
(a) 
Human genitals in a state of sexual stimulation or arousal; or
(b) 
Acts of human masturbation, sexual intercourse or sodomy; or
(c) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
(2) 
Nothing in these definitions shall be construed to incorporate breastfeeding, single-sex restrooms and showers or items and displays of recognized artistic merit as previously interpreted by the U.S. Supreme Court or activities in a private residence by the occupants thereof.
D. 
Separation requirements applicable to adult uses. Adult uses shall be limited to existing 1-1 Industrial Districts. They shall be considered special uses subject to site plan review. Because adult uses can lend themselves to ancillary unlawful and unhealthy activities, they shall also be separated from other uses that could be severely impacted by their presence or that, in combination with the adult uses, accentuate the negative impacts on the area. These distances shall be measured in a straight line, without regard to intervening obstacles, from the nearest portion of the structure incorporating any aspect of the adult use to the nearest property line of the premises incorporating any of the above-listed uses.
(1) 
No adult use shall be located within a two-hundred-foot radius of any other residential or commercial zoning district or another adult use.
(2) 
No adult use shall be located within a one-thousand-foot radius of the property of any residence, residential facility, institution, health facility, child-care center, church, synagogue, other place of religious worship, school, public or semipublic use, public park or recreation facility, youth-oriented center, playground or playing field, cemetery or any establishment that sells alcoholic beverages.
E. 
Exterior display prohibited. No adult use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way. This provision shall apply to any display, decoration, sign, show window or other opening.
F. 
Signage. Adult use signage shall be limited to one approved ground sign not to exceed a surface area of 36 square feet for both sides combined.
G. 
Nonconforming buildings. No nonconforming building or lot shall be used for an adult use.
H. 
Activities. Because they are known to encourage prostitution, increase sexual assaults and attract criminal activity, the following activities shall not be permitted in any adult-oriented or other business or any other public place within the Town of Massena:
(1) 
Public appearance by a person knowingly or intentionally engaged in specified sexual activities.
(2) 
The knowing and intentional public appearance of a person or persons in a state of nudity on a recurring basis for commercial gain.
(3) 
Touching of patrons or the performance by any entertainer in an adult use facility within six feet of the nearest patron.
(4) 
Sale of alcoholic beverages.
I. 
Loudspeakers. No loudspeaker or similar audio equipment used to describe or discuss specified anatomical areas or specified sexual activities shall be audible beyond the exterior of the structure in which it is located.
The Planning Board, in reviewing the site plan for any proposed commercial or industrial conditional use application, shall consider its conformity to the Town of Massena Comprehensive Plan and the various other plans, regulations and ordinances of the Town. Conservation features, aesthetics, landscaping and impact on surrounding development as well as on the entire Town shall be part of the review. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and of the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets. The Planning Board shall further consider the following specific factors:
A. 
Building design and location. Building design and location shall be suitable for the use intended and compatible with natural and man-made surroundings. New buildings, for example, shall generally be placed along the edges and not in the middle of open fields. They shall also be sited so as to not protrude above treetops or the crestlines of hills seen from public places and busy highways. Building color, materials and design shall be adapted to surroundings as opposed to adaptation of the site to the building or the building to an arbitrary national franchise concept.
B. 
Large commercial buildings. Commercial facades of more than 100 feet in length shall incorporate recesses and projections, such as windows, awnings and arcades, along 20% of the facade length. Variations in rooflines shall be added to reduce the massive scale of these structures and add interest. All facades of such a building that are visible from adjoining streets or properties shall exhibit features comparable in character to the front so as to better integrate with the community. Where such facades face adjacent residential uses, earthen berms planted with evergreen trees shall be provided. Loading docks, garbage dumpster facilities and other accessory facilities shall be incorporated in the building design and screened with materials comparable in quality to the principal structure. Sidewalks shall be provided along the full length of any facade with a customer entrance and integrated into a system of internal landscape-defined pedestrian walkways breaking up all parking areas.
C. 
Lighting and signage. Improvements made to the property shall not detract from the character of the neighborhood by producing excessive lighting or unnecessary sign proliferation. Recessed lighting and landscaped ground signs are preferred.
D. 
Parking and accessory buildings. Parking areas shall be placed in the rear whenever possible and provide for connections with adjoining lots. Accessory buildings shall also be located in the rear with access from rear alleys. If placement in the rear is not possible, parking lots shall be located to the side with screening from the street.
E. 
Drainage systems. Storm drainage, flooding and erosion and sedimentation controls shall be employed to prevent injury to persons, water damage to property and siltation to streams and other water bodies.
F. 
Landscape preservation. Trees, shrubs and other landscaping shall be used to buffer or soften a use in terms of visual or other impacts on adjoining property owners. Impacts on other Town residents and visitors, on whom the local economy often depends, shall also be considered. Existing landscape features such as stone walls, hedgerows, tree borders and individual large trees shall be retained for this purpose, and removal shall be limited to the area of building or driveway construction unless additional sight distance is required.
G. 
Driveway and road construction. Whenever feasible, existing roads onto or across properties shall be retained and reused instead of building new, so as to maximize the use of present features such as stone walls and tree borders and avoid unnecessary destruction of landscape and tree canopy. Developers building new driveways or roads through wooded areas shall reduce removal of tree canopy by restricting clearing and pavement width to the minimum required for safely accommodating anticipated traffic flows.
H. 
Construction on slopes. The crossing of steep slopes with roads and driveways shall be minimized, and building which does take place on slopes shall be multistoried, with entrances at different levels as opposed to regrading the site flat.
I. 
Tree borders. New driveways onto principal thoroughfares shall be minimized for both traffic safety and aesthetic purposes and interior access drives that preserve tree borders along highways shall be used as an alternative. Developers who preserve tree borders shall be permitted to recover density on the interior of their property through use of clustering.
J. 
Development at intersections. Building sites at prominent intersections of new developments shall be reserved for equally prominent buildings or features which will appropriately terminate the street vistas. All street corners shall be defined with buildings, trees or sidewalks.
K. 
Streets and sidewalks. Roads and drives that connect to existing streets on both ends are generally preferable to cul-de-sac and dead-end streets and shall ordinarily be used unless traffic safety issues will be mitigated by the use of a cul-de-sac or dead-end street. Streets within more densely developed residential areas (two or more units per acre) shall be accompanied by on-street parking and a sidewalk on at least one side of the street. Sidewalks shall also be provided in connection with new commercial development adjacent to residential areas, and pedestrian access shall be encouraged.
L. 
Setbacks. New buildings on a street shall conform to the dominant setback line and be aligned parallel to the street so as to create a defined edge to the public space. Where commercial or industrial uses adjoin residential properties or districts, the Planning Board may require greater setbacks and landscaped buffered areas than otherwise required herein for purposes of transitioning from one use to the other and protecting the integrity of residential uses.
M. 
Utilities. The impact of the proposed use on the capacities of existing sewer and water utilities shall be thoroughly evaluated in terms of both quality and quantity. Where the impact of the proposed new use would substantially consume existing capacities and leave inadequate reserve capacity to deal with seasonal or other needs or pose a threat to the health and safety of any existing water supply, the Planning Board may require the applicant to mitigate the impacts by providing supplementary capacities or taking alternative measures to provide for these needs. The Planning Board may also require the applicant to post performance guarantees in the manner provided in the Town Subdivision Law[1] to ensure that the proper protection mechanisms are in place and will be maintained in the future. Where mitigation is not possible, the use shall be denied.
[1]
Editor's Note: See Ch. 191, Subdivision of Land.
N. 
The Planning Board may waive any of the above standards.
A. 
The Planning Board may, to assure an acceptable buffer between adjacent residential and nonresidential uses and create a healthy, safe and aesthetically pleasing environment in the Town, require a landscape plan be prepared as part of any special use application. Such a plan may also be required whenever any nonresidential use is proposed in any district so as to buffer parking areas and buildings from the highway, each other and other uses. Where it is determined that a proposed special use would not have a significant impact on the natural environment, adjoining landowners or the view from a public highway, these requirements may be appropriately modified by the Planning Board.
B. 
The landscape plan, if required, shall specify locations of all mature shade trees or other species of six-inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors, and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall, too, be provided as part of the plan.
C. 
The Planning Board, in reviewing a landscape plan, may employ the assistance of design professionals. The Planning Board shall also specifically consider the following before approving, approving with modifications or disapproving the special use:
(1) 
The plan shall promote attractive development, preserve existing vegetation to the maximum extent possible, enhance the appearance of the property and complement the character of the surrounding area.
(2) 
The plan shall use landscaping to delineate or define vehicular and pedestrian ways and open space.
(3) 
The plant material selected shall be of complementary character to buildings, structures and native plant species and be of sufficient size and quality to accomplish its intended purposes.
(4) 
The plan shall effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of other site development as contrasted with the natural environment.
(5) 
The plan shall be realistic in terms of maintenance and use materials which, as a minimum, are winter hardy to Zone 4. Consideration and determination of the adequacy of the above plan requirements are at the Planning Board's discretion.
D. 
Landscaping guidelines. The following minimum specifications are suggested guidelines that the Planning Board may apply when new landscaping is required:
(1) 
The minimum branching height for all shade trees shall be six feet.
(2) 
Shade trees shall have a minimum caliper of three inches (measured four feet above grade) and be at least 12 feet in height when planted.
(3) 
Evergreen trees shall be a minimum of six feet in height when planted.
(4) 
Shrubs shall be a minimum of 24 inches in height when planted. Hedges shall form a continuous visual screen within two years after planting.
(5) 
A buffer screen at least 15 feet in width along any residential lot line shall be provided. It shall include, at a minimum, an opaque wooden stockade fence six feet in height and one evergreen tree for every 15 linear feet of property line. An additional row of evergreens meeting these standards, and offset such that each row serves to place trees between the gaps of the other, shall be permitted as a substitute for the stockade fence.
(6) 
A landscape strip at least 15 feet in width, which includes at least one deciduous tree for every 35 linear feet of perimeter lot line, shall be required for any nonresidential use. Such deciduous trees shall also be accompanied by smaller shrubs and ground cover as may be required to effectively separate and buffer the activity from the highway but still allow for visibility of the use. The width of this buffer may be reduced along the rear and side lot lines for good cause, but not along the front lot line.
(7) 
All lot area (except where existing vegetation is preserved) shall be landscaped with grass, ground cover, shrubs, or other appropriate cover.
(8) 
The preservation of mature shade trees shall be required unless there is no alternative but to remove them. These may be used to meet requirements of this section, provided that the Planning Board determines the purpose of this section is achieved.
E. 
A performance guarantee in a form acceptable to the Town Attorney in the amount of 125% of the cost of materials and installation may be required by the Planning Board to assure that all landscaping survives in a healthy condition one full year. The Code Enforcement Officer or Planning Board, as the case may be, shall determine the amount of the guarantee and consider financial impacts of this requirement on the project. The Code Enforcement Officer shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the guarantee be used to pay for the replacement of any dead, dying, diseased, stunned or infested plant materials.
F. 
All applicable requirements of these landscaping regulations imposed by the Planning Board shall be fully met prior to the Code Enforcement Officer granting a certificate of occupancy for a new building or use subject to these regulations.