[HISTORY: Adopted by the Town Board of the Town of Bath 4-24-2006 by L.L. No.
2-2006. Amendments noted where applicable.]
The Town Board of the Town of Bath, Steuben County, New York,
hereby enacts the Town of Bath Site Plan Review Law pursuant to the
authority and provisions of § 10 of the Municipal Home Rule
Law and the Statute of Local Government and New York State Town Law
§ 274-a.
This chapter shall be known as the "Town of Bath Site Plan Review
Law." The Town of Bath is hereinafter referred to as the "Town."
A.
The Bath Planning Board is hereby empowered to review and approve, approve with modification or disapprove all site plans as required by § 96-5 of this chapter.
B.
The Town of Bath has a special quality of life that can create the
potential for an uncontrolled increase in growth. Demand for vacant
land suitable for housing, employment, commercial and industrial use
may be expected to increase in response. As unplanned growth begins
to overtake the Town, farm fields, scenic views and the century-old
local character are disappearing.
C.
The Town, in response to these rapid changes, is adopting this chapter
to control this growth and to plan for Bath's future, to protect
its natural resources and to accommodate economic growth, so that
future growth patterns are harmonious with the area's special
characteristics and resources. The purpose of these site plan review
and approval procedures is to:
(1)
Ensure adequate adherence and conformance to the various provisions
of this chapter;
(2)
Ensure that uses of land affected by these provisions meet design,
function and layout criteria established by this chapter that will
culminate in development that will protect the health, safety and
general welfare of Town residents;
(3)
Ensure adherence with the intent of the development plan and its
proposals and recommendations;
(4)
Ensure the ability of the Town to accommodate the growth resulting
from the proposed use without undue adverse effect on the Town and
its citizens and taxpayers, and the protection of health, safety and
welfare of the Town and its citizens;
(5)
Ensure protection of open space and natural resources and preserve
rural characteristics of the Town;
(6)
Enhance public access and recreational opportunities within the community,
especially along major waterways;
(7)
Ensure overall conservation, protection, development and use of the
unique scenic, aesthetic, wildlife, recreational, historic, ecological
and natural resources of the Town; and
(8)
Avoid adverse impacts and offset unavoidable impacts through mitigation.
The Town Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth in this chapter and in regulations of the Planning Board promulgated under § 96-11 of this chapter, setting forth the arrangement, layout and design of the proposed use of the land shown on such plan.
A.
A land use or development within the Town of Bath shall not be undertaken
unless and until:
B.
Such reviewable land uses shall include proposals for:
(1)
Commercial use.
(2)
Industrial use.
(3)
Commercial sand, gravel, clay, shale, mineral or topsoil extraction
and commercial mining operations.
(4)
Office use.
(5)
Multiple-family dwellings.
(6)
Institutional, utility or recreational uses.
(7)
Resumption of any use which has been discontinued for more than six
months (unless said use is exempt).
(8)
Wind farms' aesthetics and safety.
(9)
Solid waste management facilities, closure and reclamation and all
other land uses and developments unless noted below.
(10)
Single-family dwellings that will require a curb cut on a state or
county highway.
C.
Site plan review shall not be required for:
(1)
Landscaping or grading which is not intended to be used in connection
with a land use reviewable under the provisions of this chapter;
(2)
Ordinary repair, maintenance or interior alterations to existing
structures or uses;
(3)
Single-family residential subdivisions, farm development, mobile
homes and appropriate timber harvesting (under proper forest management
plan) and noncommercial sand, gravel, shale, clay or topsoil extraction;
(4)
Land uses or development existing prior to the date this chapter
takes effect.
A.
Sketch plan conference.
(1)
A sketch plan conference may be held between the Planning Board and
the applicant prior to the preparation and submission of a formal
application for site plan review. The purposes of such a conference
are to enable the applicant to inform the Planning Board of his or
her proposal prior to the preparation of a formal site plan review
application and for the Planning Board to review the basic site concept,
advise the applicant as to potential problems and concerns and to
determine generally the information to be included on the site plan
review application. In order to accomplish these objectives, the applicant
should provide the following:
(a)
A statement and rough sketch showing the location and dimensions
of principal and any accessory structures, parking areas or access
sign (with descriptions), existing and proposed vegetation, and other
planned features; anticipated changes in the existing topography and
natural features; and, where applicable, measures and features to
comply with flood hazard and flood insurance regulations within the
Town and federal and state designated wetlands;
(b)
An area map to a scale acceptable to the Planning Board showing
the parcel under consideration for site plan review and all properties,
subdivision, streets, rights-of-way, easements and other pertinent
features within 200 feet of the boundaries of the parcel;
(c)
A topographic or contour map of adequate scale and detail to
show site topography; and
(d)
Environmental assessment form (EAF), short or long form, as
appropriate.
(2)
The sketch plan and materials submitted under this section do not
constitute formal submission of the site plan application.
B.
Application.
(1)
An application for site plan review shall be made with the Planning Board on forms supplied by the Board. Every application shall include such information as the Board deems necessary to make findings under § 96-7 of the chapter.
(2)
At least 10 days prior to the Planning Board meeting at which a site
plan review application is to be considered, at least three copies
of the sketch plan and three copies of such application shall be submitted
to the Planning Board, together with the appropriate fee.
(3)
The Planning Board may require different information for different
classes or types of projects or uses, including any or all of the
following:
(a)
A detailed description of the natural features of the proposed
development or use and its components, including all proposed roads
and accesses, water supply and sewage disposal systems, and their
relationship to natural features;
(b)
An analysis with supporting data on the impact of the project
or use on the environment, both during construction and thereafter;
(c)
An analysis and supporting data of any benefits that might derive
from the project or use; and
(d)
The appropriate environmental assessment form pursuant to the
State Environmental Quality Review Act.
C.
Charge-back fees for site plan review applications. In addition to
the application fee and other fees listed on the schedule of fees
adopted by the Town Board and on file with the Town Clerk, the Planning
Board shall require an applicant to reimburse the Planning Board for
any expenses it incurs necessary to review thoroughly the applicant's
application and any additional submissions, such as legal, engineering
and technical assistance to the Planning Board. The range of such
expenses shall be estimated and agreed upon with the applicant before
proceeding. Such reimbursement of expenses shall also be in addition
to any fees or costs associated with the State Environmental Quality
Review Act (SEQRA), which are separate and distinct costs assessed
to the applicant.
D.
Material to be submitted. Upon receipt of the application for site plan review, as described in § 96-6B, the Planning Board may require the applicant to submit additional information, which the Planning Board may require to be prepared by a licensed engineer, architect, surveyor, landscape architect, or combination thereof:
(1)
A map of the applicant's entire holding at the scale of one
inch equals 200 feet, unless the Planning Board determines a different
scale more appropriate.
(2)
An area map, at the scale of one inch equals 30 feet, showing all
properties, subdivisions, streets, watercourses, and easements which
pass through the property or are know to abut the applicant's
property, unless the Planning Board determines a different scale more
appropriate.
(3)
A topographic map, at the scale of one inch equals 30 feet, showing
contours at two-foot intervals, unless the Planning Board determines
a different scale more appropriate.
(4)
A site plan, including the following information:
(a)
Title drawing, including names(s) and address(es), of the applicant
or owner of record.
(b)
North point, date, scale.
(c)
Name and address of the person preparing the map.
(d)
Boundaries of the property plotted to scale.
(e)
The location and use of all existing and proposed buildings
and structures within the development or use. Include all dimensions
of height and floor area, and show all exterior entrances and all
anticipated future additions and alterations.
(f)
The location of all present and proposed public and private
ways, parking areas, driveways, sidewalks, ramps, curbs, paths, landscaping,
walls, and fences. Location, type and screening details for all waste
disposal containers shall also be shown.
(g)
The location, height, intensity, and bulb type (e.g., fluorescent,
sodium incandescent) of all external lighting fixtures. The direction
of illumination and methods to eliminate glare onto adjoining properties
must also be shown.
(h)
The location, height, size, materials, and design of all proposed
signage.
(i)
(j)
Plans to prevent pollution of surface water or groundwater,
erosion of soil both during and after construction, excessive runoff,
excessive raising or lowering of the water table, and flooding of
other properties, as applicable.
(k)
Existing and proposed topography at a two-foot contour interval.
All elevations shall refer to the nearest United States Coastal and
Geodetic Bench Mark. If any portion of the parcel is within the one-hundred-year
floodplain, the area will be shown and base flood elevations given.
Indicate areas within the proposed site and within 50 feet of the
proposed site, where ground removal of filling is required, and give
its approximate volume in cubic yards.
(l)
A landscape plan showing all existing natural land features,
trees, forest cover and water sources, and all proposed changes to
these features, including the size and type of plant material. Water
sources include ponds, lakes, brooks, streams, wetlands, floodplains,
and drainage retention areas.
(m)
Traffic flow patterns within the site, entrances and exits,
loading and unloading areas, curb cuts on the site and within 100
feet of the site. The Planning Board may require a detailed traffic
study for large developments or uses or for those in heavy traffic
areas, including:
[1]
The projected number of motor vehicle trips to enter or leave
the site, estimated for daily and peak-hour traffic levels;
[2]
The projected traffic pattern, including vehicular movements
at all major intersections likely to be affected by the proposed use
of the site; and
[3]
The impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities. Existing and
proposed daily and peak-hour traffic levels, as well as road capacity
levels, shall also be given.
(n)
For new construction or alterations to any existing building,
a table containing the following information shall be included:
(o)
Any other requirements which the Planning Board might deem necessary,
including but not limited to a licensed survey.
(p)
For multiple-family dwellings, mobile home parks and trailer
parks:
[1]
The Planning Board may require adequate, convenient and suitable
areas for parks and playgrounds, or other recreational purposes, to
be reserved on the plat, but in no case more than 10% of the gross
area of any such site plan. The area shall be shown and marked on
the plat "Reserved for Park or Playground Purposes."
[2]
If the Planning Board determines that a suitable park or parks
of adequate size cannot be properly located in any such plat or are
otherwise not practical, the Board may require as a condition to approval
of any such plat a payment to the Town in the amount established pursuant
to a fee schedule set by the Town Board and filed in the Town Clerk's
office. Such money shall be used by the Town for park and recreational
purposes, including the acquisition of property.
[3]
When a park, playground or other recreation area shall have
been shown on a plat, the approval of such plat shall not constitute
an acceptance by the Town of such area. The Planning Board shall require
the plat to be endorsed with appropriate notes to this effect. The
Planning Board may also require the filing of a written agreement
between the applicant and the Town Board covering future deed and
title, dedication and provision for the cost of grading, development,
equipment and maintenance of any such recreation area.
(q)
Reclamation plan, if applicable.
E.
Notification. Upon receipt of an application, together with all applicable
material required by it, the Planning Board shall notify the applicant
in writing, by mail, of the place, date and time of the meeting of
the Planning Board at which the application is to be considered and
request the presence of the applicant to discuss the application.
A.
In considering the approval of the applicant's site plan review
application, the Planning Board shall take into consideration the
public health, safety and general welfare, and the comfort and convenience
of the public in general and residents of the immediate neighborhood
in particular, and shall determine whether the proposed development
or use meets the requirements of this chapter. Recommendations and
goals outlined in the Comprehensive Plan will be of paramount importance
in all decisions.
B.
In order to approve an application for site plan review, the Planning
Board shall consider the following:
(1)
Conformance of the application with the provisions of this chapter,
other laws and ordinances of the Town of Bath and applicable county,
state and federal laws, rules and regulations.
(2)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, channelization, structures,
and traffic controls, and the project's impact on the overall
circulation system as it relates to adjacent uses.
(3)
Adequacy and arrangement of pedestrian traffic access and circulation,
including, but not limited to, separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and overall pedestrian convenience.
(4)
Location, arrangement, size and design of off-street parking and
loading areas.
(5)
Location, arrangement, size and design of building lighting and signs.
(6)
Adequacy, type and arrangement of trees, shrubs, and other landscaping
constituting a visual and/or a noise-deterring buffer between the
project and adjoining properties.
(7)
In the case of multifamily dwellings, mobile home parks and trailer
parks, the adequacy of usable open space for recreation or parklands
or, in the alternative, a recreational fee.
(8)
Adequacy of provisions for the disposal of stormwater, sanitary wastes,
water supply for both fire protection and general consumption, solid
waste disposal, and snow removal storage areas.
(9)
Adequacy of structures, roadways and landscaping in areas with moderate
to high susceptibility features.
(10)
Protection of adjacent properties against noise, glare, unsightliness
or other objectionable features.
(11)
Retention of existing trees for protection and control of soil erosion,
drainage and natural beauty.
(12)
Effects on air and water quality standards applicable primarily,
but not exclusively, to industrial site development plans.
(13)
A draft environmental impact statement (DEIS) and environmental impact
statement (EIS) will be required if the reviewing agency deems the
proposal to be significant pursuant to the State Environmental Quality
Review Act (SEQRA).
(14)
Visual compatibility with surroundings.
(15)
Relationship to adjacent and nearby land uses, both private and public.
(16)
Adequacy of plans in avoiding adverse impacts and corresponding mitigation
effects.
C.
In its review, the Planning Board may consult with appropriate Town,
county, state or federal agencies or officers.
A.
The Planning Board may conduct a public hearing on the site plan
if considered desirable by a majority of its members. In determining
whether a public hearing is necessary, the Planning Board shall be
guided by the expected level of public interest in the project and
the possibility of an eventual disapproval. Such hearing shall be
held within 62 days of the receipt of an application deemed complete
by the Planning Board and shall be advertised in the Town's official
newspaper at least five days before the public hearing.
B.
Within 62 days of receipt of an application deemed complete by the
Planning Board or, if a public hearing is held, within 62 days of
the completed public hearing, the Planning Board shall render its
decision. In its decision, the Planning Board may approve, approve
with modifications, or disapprove the site plan. The decision of the
Planning Board shall immediately be filed in the office of the Town
Clerk and a copy thereof mailed to the applicant. The time period
in which the Planning Board must render its decision can be extended
by mutual consent of the applicant and the Planning Board.
(1)
Approval. Upon approval of the site plan application and payment
by the applicant of all fees and reimbursable costs due the Town,
the Chairman (or other duly designated officer) of the Planning Board
shall endorse its approval on a copy of the application and shall
immediately file it and a written statement of approval with the Town
Clerk. A copy of the written statement of approval shall be mailed
to the applicant and to the Steuben County Department of Planning.
(2)
Approval with modifications. The Planning Board may conditionally
approve the final site plan. A copy of the written statement containing
the modifications required by the conditional approval will be mailed
to the applicant. After adequate demonstration to the Planning Board
that all conditions have been met and payment by the applicant of
all fees and reimbursable costs due the Town, the Chairman (or other
duly designated officer) of the Planning Board shall endorse its approval
on a copy of the application and shall immediately file it and a written
statement of approval with the Town Clerk. A copy of the written statement
of approval shall be mailed to the applicant and the Steuben County
Department of Planning.
(3)
Disapproval. Upon disapproval of the site plan application, the decision
of the Planning Board shall immediately be filed with the Town Clerk
and a copy thereof mailed to the applicant, together with the Planning
Board's reasons for disapproval.
C.
The Planning Board, in conjunction with its approval of any site
plan review application, may impose such requirements and conditions
as are allowable within the proper exercise of the police power, including
the imposition of a performance bond or letter of credit; restrictions
of land against further development of principal buildings, whether
by deed restriction, restrictive covenant or other appropriate means,
to insure that guidelines as to intensity or development as provided
in this chapter shall be complied with; and the imposition of reasonable
conditions to insure that the project will be adequately supported
by services and improvements made necessary by the project to ensure
that the project will be completed in accordance with the terms of
the application and any permit and including, without limitation,
the requirements and conditions authorized under this section.
D.
Unless otherwise indicated or extended by the Planning Board, a decision
on any site plan review application shall expire if the applicant
fails to undertake the proposed development or use, to obtain any
necessary building permits to construct any proposed building or change
any existing building, or to comply with the conditions of such approval
within one year from the filing date of such approval in the Town
Clerk's office.
A.
In addition to the other requirements of this chapter, the Planning
Board may require such additional provisions and conditions as are
necessary to promote further understanding of the applicant's
proposal or as are necessary to protect the health, safety, and general
welfare of the Town's residents.
B.
Also, the Planning Board may, in its discretion, determine that certain
requirements of this section are not applicable for its approval of
a site plan application and may, therefore, allow the applicant to
submit only those elements which it deems necessary to review and
approve such application.
A.
Planning Board. The Planning Board, together with duly authorized
Town and county officials, shall have the power and duty to administer
and enforce the provisions of this chapter.
B.
Recordkeeping. The original or a certified copy of all decisions,
approvals, rulings, findings, permits and certificates issued under
this chapter shall be promptly furnished by the appropriate governing
official to the Town Clerk and retained as a permanent Town public
record.
C.
Court review.
(1)
Any action, omission, decision, approval or ruling of the Planning
Board under this chapter may be reviewed at the instance of any aggrieved
person in accordance with Article 78 of the Civil Practice Law and
Rules, but application for such review shall be made no later than
30 days after the filing of the decision in the office of the Town
Clerk.
(2)
Costs shall not be allowed against the Planning Board unless it shall
appear to the court that said Board acted with gross negligence or
bad faith or with malice in making the decision appealed from.
D.
Petition, application and appeal forms. Unless otherwise stated,
all petitions, applications and appeals provided for in this chapter
shall be made on forms prescribed by the Planning Board. Completed
forms shall be accompanied by any additional information, plans or
specifications as are indicated by such forms.
E.
Fees. Fees provided for by the chapter shall be paid upon the submission
of an application or appeal, in such amount or amounts as shall be
established by the Town Board from time to time and as such schedule
of fees is on file with the Town Clerk at the time the application
is made or appeal is brought.
G.
Building permits.
(1)
Permits required. For all land uses and developments which require
site plan review under this chapter:
(a)
No building, structure, or sign shall be erected, added to, or structurally altered until Planning Board approval under § 96-8 and an appropriate permit had been issued by the Town of Bath Code Enforcement Officer.
(b)
No new use of building or structure shall be undertaken until Planning Board approval under § 96-8 and an appropriate permit has been issued by the Town of Bath Code Enforcement Officer.
(c)
No building permit shall be issued for any building, structure,
use or sign where said construction, addition, alteration or use would
be in violation of any of the provisions of this chapter, or of any
other local law for the Town of Bath, and state and county law.
(2)
Submittal requirements. There shall by submitted with all applications
for building permits four signed copies of a layout or plot plan drawn
to scale showing the actual dimensions of the lot to be built upon,
the exact size and location on the lot of the building and accessory
buildings or signs to be erected and such other information as may
be necessary to determine and provide for the enforcement of this
chapter.
(3)
Permit Certification. Upon receipt of all appropriate information
and fees, and after all requirements of this chapter have been met
which show that the applicant is in compliance herein, the Town of
Bath Code Enforcement Officer shall issue a building permit. One copy
of the submitted layout or plot plan certified by the Town of Bath
Code Enforcement Officer as to compliance with this chapter shall
be returned to the applicant and to the Planning Board.
A.
Future regulation by Planning Board. The Planning Board may, after
public hearing, adopt and amend such rules and regulations appropriate
to carrying out the provisions of this chapter.
B.
Amendments.
(1)
Residents of the Town may petition or recommend that the Town Board
amend this chapter.
(2)
Any proposed amendment originating by petition or recommendation
by Town residents to the Town Board shall be referred to the Planning
Board for a report and recommendation thereon. The Planning Board
shall submit its report within 30 days after receiving such request
from the Town Board. Failure of the Planning Board to report within
the required time shall be deemed to constitute a recommendation for
approval of the proposed amendment. The Town Board is not required
to follow the Planning Board's recommendation.
Whenever the circumstances of proposed development require compliance
with this chapter or with any other local law, ordinance or requirement
of the Town, the Planning Board shall attempt to integrate, so far
as may be practical, site plan review as required by this chapter
with the procedural and submission requirements of such other local
law, ordinance or requirement.
Any person who violates any of the provisions of this chapter,
or any of the conditions imposed by a permit issued pursuant hereto,
shall be guilty of an offense and subject to a fine of not more that
$500, to be recovered by the Town in a civil action. Every person
shall be deemed guilty of a separate offense for each week, or part
thereof, such violation, disobedience, omission, neglect or refusal
shall continue.
The provisions of this chapter are severable. If any article,
section, paragraph or provision of this chapter shall be invalid,
such invalidity shall apply only to the article, section, paragraph
or provision(s) adjudged invalid, and the rest of this chapter shall
remain valid and effective.
This chapter is adopted pursuant to the powers and authorities
vested in the Town pursuant to Municipal Home Rule, and the provisions
of this chapter are deemed to supersede conflicting provisions of
New York State Town Law, specifically Town Law § 274-a.
Where any provision of this chapter conflicts with any provision of
New York State Town Law regarding site plan review, the provision
of this chapter shall prevail.
A.
ACCESSORY USE
ACCESSORY USE STRUCTURE
AGRICULTURAL SERVICE USE
AGRICULTURAL USE
AGRICULTURAL USE STRUCTURE
ALTERATION
ANIMAL HUSBANDRY
APPLICANT
BUILDING
BUILDING HEIGHT
BUILDING LINE
BUILDING PERMIT
CLEARCUTTING
COMMERCIAL SAND, GRAVEL, CLAY, SHALE or TOPSOIL EXTRACTION
COMMERCIAL USE
COMMON OPEN SPACE
COMMUNITY FACILITY
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EXCAVATION
FAMILY
FENCE
FOOD STORE
FORESTRY USE
FOREST USE STRUCTURE
GOVERNMENT OFFICE or AGENCY
HOME OCCUPATION
HOTEL
INDUSTRIAL USE
JUNK AUTOMOBILE
JUNKYARD
LAND CLEARING
LANDSCAPE
LANDSCAPE PLAN
LANDSCAPING
LAND USE or DEVELOPMENT or USE
LOT
LOT COVERAGE
LOT DEPTH
LOT WIDTH
MINERAL EXTRACTION
MINERAL EXTRACTION STRUCTURE
MOBILE HOME
MODULAR HOME
MOTEL
OFFICE BUILDING
OPEN SPACE
OPEN SPACE RECREATION USE
PARCEL OF PROPERTY
PARKING AREA, PUBLIC
PARKING SPACE
PARKING SPACE, HANDICAPPED
PERSON
PLANNING BOARD
PRIVATE SAND, GRAVEL, SHALE, CLAY or TOPSOIL EXTRACTION
PUBLIC UTILITY USE
RECREATIONAL FACILITIES, COMMERCIAL
RECREATIONAL FACILITIES, PRIVATE
RECREATION CENTER or LODGE
RIGHT-OF-WAY, PUBLIC
SOLID WASTE MANAGEMENT FACILITY
STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA)
SUBDIVISION OF LAND or SUBDIVISION
TIMBER HARVESTING
WASTE DISPOSAL AREA
As used in this chapter, the following terms shall have the following
meanings, unless the context otherwise requires:
Any use of a structure or lot, or portion thereof, that is
customarily incidental and subordinate to and does not change the
character of a principal land use or development, including the use
of a residential structure for professional, commercial or artisan
activities carried on by the resident of such a structure.
Any structure or portion of a main structure customarily
incidental and subordinate to a principal land use or development,
including a guest cottage not for rent or hire that is incidental
and subordinate to and associated with a single-family dwelling or
any movable structure in excess of 100 square feet that is located
within a required shoreline setback.
Any milk processing plant, feed storage supply facility,
farm machinery and equipment sales or service facility, storage or
processing facility for fruits, vegetables and other agricultural
products or other similar use directly and customarily related to
the supply or service of an agricultural use.
The production, keeping or maintenance, for sale, lease or
personal use, of plants and animals useful to man, including but not
limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products, poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules or goats, or any
mutations or hybrids thereof, including the breeding and grazing of
any or all of such animals; bees and apiary products; fur animals;
trees and forest products; and fruits of all kinds, including grapes,
nuts, berries and vegetables.
Any barn, stable, shed, silo, garage, fruit and vegetable
stand or other building or structure directly and customarily associated
with agricultural use.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities; an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another, of a building or
structure.
A branch of agriculture concerned with the production and
care of domestic animals, including veterinarian activities.
A person who submits an application for site plan review
under this chapter.
Any structure which is permanently affixed to the land, is
covered by a roof supported by columns or by walls, and is intended
for shelter, housing or enclosure for persons, animals or chattels.
The vertical distance measured from the lowest portion of
the natural grade of the building site covered by the building, or
finished grade of cut required to accommodate the building, to the
highest point of the structure.
The point from which all yard requirements are measured and
which is determined by a line formed by the intersection of a horizontal
plan of the lowest grade level and a vertical plan that extends from
the most projected part of the building open to the sky.
Written permission issued by proper municipal authority for
the demolition, construction, repair, alteration or addition to a
structure.
The cutting of more than 50% of any trees over six inches
in diameter, 4.5 feet above ground level over the entire area of the
cutting.
Any extracting from the land of more than 1,500 cubic yards
in any two-year period of sand, gravel, clay, shale or topsoil:
Any use involving the sale, rental or distribution of goods,
services or commodities, either retail or wholesale, or the provision
of recreation facilities or activities for a fee. The term shall include,
but not be limited to, the following: drive-in restaurant; fast-food
operation, filling station; public garage, restaurant; retail sore,
retail stand and tavern.
A parcel or parcels of land or an area of water, or a combination
of land and water, designated and intended for the private or public
use or enjoyment of the space, and may include such appurtenant structures
as are necessary to allow the enjoyment of the space.
A building or structure owned and operated by a governmental
agency or not-for-profit organization to provide a public or semipublic
service, such as a library, museum, governmental building, firehouse
or church.
An apartment, townhouse, condominium or similar building,
including the conversion of an existing single-family dwelling, designed
to be occupied in separate dwelling units therein by more than one
family; any such building containing two or more separate dwelling
units used on a time-sharing, lease time or other similar basis whereby
more than one person, group of persons or family has legal right of
occupancy at different times.
A detached building (not including a mobile home) of one
or more stories in height, above main grade level, which is designed
or used exclusively as living quarters for one family or household.
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household
for year-round or seasonal/temporary use.
Any extraction from the land of more than 20 cubic yards
of sand, gravel, clay, shale, rock, topsoil or other natural soil
or mineral deposits.
One or more persons related by blood, marriage or adoption,
or no more than four unrelated persons occupying the premises and
living as a single housekeeping unit, as distinguished from a group
occupying a rooming house, lodging houses, club, fraternity or hotel.
An artificial structure designed to or which, in fact, divides,
encloses or screens a parcel of land or a portion thereof.
A self-service retail operation offering a variety of food
goods for human consumption for sale to the general public.
Any management, including logging, of a forest, woodland
or plantation and related research and educational activities, including
the construction, alteration or maintenance of woodroads, skidways,
landings, fences and forest drainage systems.
Any barn, shed, garage or research, educational or administrative
building or cabin directly and customarily associated with forestry
use.
Any department, commission, independent agency or instrumentality
of the United States, of New York State, of Steuben County, or of
the Town of Bath.
Any use customarily conducted entirely within a dwelling
or in an accessory structure and carried on by the inhabitants thereof
and up to one employee not residing at the dwelling, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes and does not materially change the character thereof.
A building or portion of it which is regularly used and kept
open as such for the lodging of guests. "Hotel" includes an apartment
hotel, boardinghouse or club, whether or not meals are served.
A manufacturing, production or assembly of goods or materials,
including any one-site water disposal area directly associated with
an industrial use. This term includes junkyards, not mineral extractions,
sawmills, chipping mills, pallet mills and similar wood-using facilities.
An unregistered motor vehicle, no longer intended or in condition
for legal use on the public highways. For the purpose of this definition,
"motor vehicle" shall mean any vehicle propelled or drawn by power,
other than muscular power, originally intended for use on public highways
or for use in agricultural or construction activity.
Any open lot or area for the dismantling, storage or sale
of such items as parts, scrap or salvage of used or wrecked motor
vehicles, machinery, scrap metals, waste papers, rags, used or salvaged
building materials, household appliances or other discarded materials.
The excavation, cutting, removal, alteration, destruction
or clearing of perennial or annual vegetation, including trees or
the disturbance of soil.
All the natural features, such as fields, hills, forests,
water, etc., that distinguish one part of the earth's surface
from another part, usually that portion of land or territory which
the eye can comprehend in a single view, including all of its natural
characteristics.
A plan of sufficient detail to describe proposed changes
in topography, structures, vegetation and visual characteristics.
The act of changing or enhancing the natural features, a
plot, buffer zone, public open space or other area or portion of a
lot (often as a beautifying feature of a building or land use) so
as to make said area more attractive, to add visual screening and/or
to provide safety features to assist in protecting life and property.
This may be accomplished by adding lawns, trees, shrubs, etc., or
through the sculpturing of the terrain (i.e., earth beams, ponds,
walkways, retaining walls, rock outcrops, etc.) and/or installing
lights, light poles, flagpoles, fences and traffic malls for the direction
of traffic.
Any construction or other activity which materially changes
the use or appearance of land or a structure or the intensity of the
use of land or a structure, but excluding:
A designated parcel, tract or area of land, established by
plan, subdivision or as otherwise permitted by law, to be used, developed
or built upon as a unit.
That portion of a lot that is covered by buildings and structures.
The minimum contiguous distance measured from the front line
to the rear lot line.
The minimum contiguous distance between the side lines of
a lot.
Any excavation, other than of specimens or samples, from
the land of stone, cold, silt, ore, talc, granite, petroleum products
or other materials, except for commercial sand, gravel, clay, shale
or topsoil mining, including the construction, alteration or maintenance
of mine roads, mine tailing piles or dumps, and mine drainage.
Any mine hoist; ore reduction, concentrating, sintering or
similar facilities and equipment; administrative buildings, garages
or other main buildings or structures associated with mining extraction.
Any self-contained dwelling unit (not travel trailers) that
is designed to be transported to its site on its own wheels or those
of another vehicle, which may contain the same water supply, kitchen
facilities and plumbing, sewage disposal and electric systems as immobile
housing and is designed to be used exclusively for residential purposes;
the structure must be certified by U.S. Department of Housing and
Urban Development (HUD) and conform to the HUD Code. (A modular home
which conforms to the New York State Building Code is not considered
a mobile home.)
Any building comprised of two or more sections with or without
their own chassis, capable of being transported to their building
site and permanently jointed into one integral unit which is indistinguishable
in appearance from a conventionally built home, including but not
limited to a sloped roof and permanent foundation and conforms with
the New York State Building Code.
A commercial facility providing transient lodging containing
six or more rental units with at least 25% of all rooms having direct
access to the outside without the necessity of passing through the
main lobby of the building and where customary uses, such as, but
not limited to, playgrounds, game rooms, recreation facilities, snack
bars and restaurants, may be provided for use by the lodger and the
general public.
A building, more than 50% of the gross floor area of which
is used for office space.
Land not covered by buildings, pavement, open storage, mining
operations or any other use that visually obscures the natural or
improved landscape, except for recreational facilities.
Any recreation use particularly oriented to and utilizing
the outdoor character of an area, including a snowmobile, bike, jeep,
or all-terrain vehicle trail; cross-country ski trail; hiking and
backpacking trail; bicycle trail and horse trail; playground; picnic
area; public park; public beach; or similar use.
Any real property shown on the latest adopted county tax
roll as a unit or as contiguous units under common ownership. Parcels
separated by public highway and owned by the same owner shall be deemed
to be separate parcels of real property.
An open area, other than a road or other public right-of-way,
used for the parking of automobiles and available to the public.
An area of 200 square feet of such shape and vertical clearance
so as to accommodate one automobile having an overall length not greater
than 20 feet.
An oversized parking space designed to accommodate the handicapped,
constituting an area of 240 square feet with a minimum width of 12
feet and having an overall length not greater than 20 feet.
Any individual, firm, corporation, partnership or association,
or any combination of the foregoing, or successor interest to any
such parties.
Pursuant to § 271 of the Town Law, the Town of
Bath has created a Planning Board. Said Board consists of seven members
appointed by the Town Board in such manner and for such term as provided
by Town Law. The Planning Board shall have all the powers and perform
all the duties prescribed by statute and by this chapter. The Planning
Board shall have original jurisdiction for all matters pertaining
to this chapter.
Any extraction from the land of sand, gravel, shale, clay
or topsoil for use, but not sale, by the owner of the land, or any
extraction for the purpose of sale of less than 1,500 cubic yards
in any two-year period.
Any public utility use, equipment or structure, but excluding
any such use which is subject to the jurisdiction of the Public Service
Commission pursuant to Article 7 or 8 of the Public Service Law.
Recreational facilities open to the general public for private
gain.
Recreational facilities supplemental to a principal use,
for the use of proprietors and guests, but excluding such use which
is open to the general public for a charge.
Any recreationoriented facility particularly oriented to
and utilizing the outdoor character of an area which does not depend
on amusement devices or rides. Such recreational uses may include
a snowmobile trail, cross-country ski trail, hiking and backpacking
trail, bicycle trail and horse trail, as well as a playground, picnic
area, public park and public beach, for activities such as soccer,
baseball, football, tennis and water-related activities.
A parcel of land open to the public for vehicular or pedestrian
traffic.
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including but not limited to storage
areas or facilities; transfer stations, rail-haul or barge-haul facilities;
landfills; disposal facilities; sold waste incinerators; land-spreading
facilities; composting facilities; surface impoundments; and waste
oil storage, reprocessing, and refining facilities and waste tire
storage facilities.
A process that introduces the consideration of environmental
factors into the early planning stages of actions in order to avoid
adverse impacts on the environment.
Any division of land into two or more lots, parcels or sites,
whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy (including any grading,
road construction, installation of utilities or other improvements
or any other land use and development preparatory or incidental to
any such division) by any person or by a common scheme or plan. Subdivision
of land shall include any map, plat or other plan of the division
of land, whether or not previously filed. Subdivision of land shall
not include the lease of land for hunting and fishing and other open
space recreation use.
The cutting of trees over six inches in diameter measured
at 4.5 feet above the ground.
Any area for the disposal of garbage, refuse and other waste,
including sanitary landfills and dumps, but excluding an on-site disposal
area directly associated with an industrial use.
B.
Any term in this chapter which is not defined in this or another
section of this chapter shall carry its customary meaning.
