It is the intent of this article to promote the health, safety,
and general welfare of the Town through project review. A clean, wholesome,
attractive environment is declared to be of importance to the health
and safety of the inhabitants of the Town, and in addition, such an
environment is deemed essential to the maintenance and continued development
of the economy of the Town and the general welfare of its inhabitants.
It is intended for the Planning Board to attach reasonable safeguards
and conditions to those uses that might otherwise produce deleterious
effects on the environment, the rural and scenic character of the
Town or the Town residents' health, safety and welfare.
A.
Authority. Pursuant to authority delegated in accordance with § 274-a
of the Town Law of the State of New York, the Town Board hereby authorizes
the Planning Board to review and approve, approve with modification
or disapprove site plans.
B.
Applicability. Site plan review uses shall be controlled by the regulations
in this article in addition to the regulations that apply in each
district or for specific uses. No zoning permit or certificate of
compliance shall be issued for any use or structure requiring site
plan review until approval has been granted by the Planning Board.
A.
Authority. Pursuant to authority delegated in accordance with § 274-b
of the Town Law of the State of New York, the Town Board hereby authorizes
the Planning Board to grant special use permits as set forth in this
chapter.
B.
Applicability. Uses requiring a special use permit shall be controlled
by the regulations in this article in addition to the regulations
which apply in each district or for specific uses. No zoning permit
or certificate of compliance shall be issued for any use or structure
requiring a special use permit until approval has been granted by
the Planning Board.
An application for project review shall be made on forms prescribed
by the Town. Five copies, minimum, of all materials shall be submitted
to the Board by the applicant. Extra copies as may be deemed necessary
by the Planning Board may be required. The following information shall
be required of all applications, unless specifically waived by the
Planning Board:
A.
Name and address of applicant and owner, if different, and of the
person responsible for the preparation of such drawing;
B.
Date, North arrow, written and graphic scale;
C.
Boundaries of the area plotted to scale, including distances, bearings,
and areas;
D.
The current zoning classification of the property, including the
exact zoning boundary if in more than one district;
E.
A complete outline of existing or proposed deed restrictions or covenants
applying to the property;
F.
Location and ownership of all adjacent lands as shown on the latest
tax records;
G.
A written description of all proposed uses and activities on the
site, including the number and distribution by type of all dwelling
units;
H.
Location, name, and existing width and right-of-way of adjacent roads,
including traffic circulation patterns;
I.
Location, width, and purpose of all existing and proposed easements,
setbacks, reservations, and areas dedicated to public use adjoining
the property;
J.
Location, size, and design of the following: existing, proposed,
and alterations to buildings, driveways, parking and loading areas,
outdoor storage areas, sidewalks or pedestrian paths, drainage facilities,
sewage facilities, water facilities, signs, outdoor lighting, landscaping
or screening, buffer areas, snow storage areas; walls and fences,
energy distribution facilities, fire lanes and other emergency zones;
K.
Plans for controlling soil erosion and sedimentation during development;
L.
Plans for grading and drainage showing existing and proposed contours
of five-foot intervals;
M.
Significant or outstanding natural features of the property (e.g.,
wetlands, streams, high-water lines, cliffs, dense vegetation, etc.);
N.
Designation of the amount of gross floor area and gross leasable
area proposed for each nonresidential use;
O.
Project construction schedule and staging phases, if applicable;
P.
An Environmental Assessment Form (EAF) or draft Environmental Impact
Statement (EIS), pursuant to 6 NYCRR Part 617, where required;
Q.
An agricultural data statement, pursuant to Town Law § 283-a/Village
Law § 7-739, when applicable;
R.
A statement with the name, address and the nature and extent of the
interest of any state employee, or any officer or employee of the
Town/village in the application pursuant to General Municipal Law
§ 809, when applicable;
S.
Other elements integral to the proposed development as considered
necessary by the Planning Board, including identification of any federal,
state, or county permits required for the project's execution;
T.
Application fee as stated in the fee schedule adopted by the Town/village.
A.
Pre-submission conference. The applicant is encouraged to request
and attend a pre-submission conference with the Planning Board prior
to formal submission of an application. This conference may be used
to discuss rough conceptual drawings, proposed uses, the possible
waiver of submission requirements, the review procedure and the criteria
that the project must meet.
B.
Waiver of requirements. The Planning Board is empowered to waive,
when reasonable, any application requirements for the approval, approval
with modifications or disapproval of site plans or special use permits
submitted for approval. Such waiver may be exercised in the event
requirements are found not to be requisite in the interest of the
public health, safety or general welfare and inappropriate to a particular
site plan or special use permit. The reasons for, and the scope of,
any such waiver granted by the Planning Board shall be in writing
and entered into the minutes of the Board.
C.
Public hearing. Once a completed application has been formally accepted
by the Planning Board at a public meeting of the Board, the Board
shall have a maximum of 62 days to hold a public hearing on the application
to entertain public comment, unless the hearing is waived. This time
period may be extended upon the mutual consent of the Planning Board
and the applicant. A waiver of the hearing shall NOT be allowed in
any one of the following circumstances:
(1)
The use requires a special use permit pursuant to this chapter;
(2)
The use is a Type I action according to the State Environmental Quality
Review Act;
(3)
The use is over 2,000 square feet of floor or ground area;
(4)
The use is over 35 feet in height;
(5)
The use requires an increase or change in public water supply facilities,
sewerage facilities, drainage facilities, sidewalks, roads, curbs,
gutters, or other public improvements;
(6)
The applicant has requested a public hearing.
D.
Public hearing notice. At least five days advance public notice of
the hearing shall be published in a newspaper in general circulation
in the Town. A notice of the hearing shall be mailed to the applicant
at least 10 days before the hearing. The notice shall also be mailed
to any farm operations listed on the agriculture data statement.
E.
County Planning Board review.
(1)
Pursuant to General Municipal Law § 239-m, at least 10
days before the hearing, or where the hearing has been waived, before
final action, the Planning Board shall refer all site plan reviews
or special use permits to the County Planning Board that fall within
500 feet of the following:
(a)
The boundary of the Town or any village within the Town;
(b)
A state or county park or recreation area;
(c)
A state or county highway or expressway;
(d)
A state or county owned drainage channel;
(e)
State or county land where a public building or institution
is located; or
(f)
The boundary of a farm operation located within an agricultural
district.
(2)
If the County Planning Board does not respond within 30 days from
the time it received a full statement on the referral matter, then
the Planning Board may act without such report. However, any County
Planning Board report received after such 30 days but two or more
days prior to final action by the referring body, shall be subject
to the provisions of an extraordinary vote upon recommendation of
modification or disapproval. If the County Planning Board recommends
modification or disapproval of a proposed action, the referring board
shall not act contrary to such recommendation except by a vote of
a majority plus one of all the members.
F.
State Environmental Quality Review. The Planning Board shall be responsible
for the completion of an Environmental Assessment Form (EAF) for each
application, and for compliance with 6 NYCRR Part 617 (State Environmental
Quality Review Act regulations) in cooperation with other involved
agencies in the review of any application. The Planning Board shall
complete its environmental review and make an environmental determination
prior to final action on the application.
G.
Final decision. The final decision by the Planning Board must be
made within 62 days following the close of the public hearing, or
where the public hearing has been waived, within 62 days of the official
submission date. The decision shall be in writing, specifying any
conditions that may be attached to an approval, the reasons that the
Planning Board approved, approved with modifications or disapproved
the proposal, and the motions/vote of the Planning Board. This time
period may also be extended upon the mutual consent of the Planning
Board and the applicant.
H.
Filing of decision. All decisions shall be filed in the office of
the Town Clerk within five business days of final action, and a copy
mailed to the applicant. Within 30 days of final action on any matter
referred to the County Planning Board, the Planning Board shall file
a report of the final action with the County Planning Board.
I.
Conditions on approval. In its approval, the Planning Board shall
have the authority to impose such reasonable conditions and restrictions
on the issuance of a zoning permit for the application as are directly
related to and incidental to a proposed site plan. Upon approval of
the project, any such conditions must be met in connection with the
issuance of permits by applicable Enforcement Officers of the Town/village.
J.
Area variance. Notwithstanding any provisions of law to the contrary,
where a proposed project contains one or more dimensional or physical
features which do not comply with the zoning law, application may
be made to the Zoning Board of Appeals for an area variance without
the necessity for a decision or determination of the Enforcement Officer.
K.
Expiration of site plan reviews and special use permits. Site plan
review decisions and special use permits shall expire six months from
the date of issue unless substantial progress has been made towards
carrying out the terms of Planning Board decision. The applicant shall
have two years to complete the terms of the decision, or all work
shall cease at the site. An extension may be allowed by the Enforcement
Officer upon proof of necessity submitted by the applicant due to
conditions unusual or beyond the control of the applicant.
[Added 2-14-2011 by L.L.
No. 1-2011]
A.
Uses subject to special use permits are generally appropriate in
the district in which they are allowed, but may not be suitable for
a particular parcel of property within the district. The purpose of
special use permit review is to allow the Planning Board to assess
the use for its suitability for the specific site on which it is proposed.
B.
The Planning Board may approve, approve with modifications or disapprove
an application for a special use permit based on the criteria of this
chapter.
C.
The Planning Board is hereby authorized to waive any requirements
of this chapter pertaining to special use permit review and approval
when such waiver is reasonable and where the requirements of this
chapter are not requisite in the interest of the public health, safety
or general welfare or are inappropriate to a particular special use
permit.
D.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit.
E.
In considering and acting on special use permits, the Planning Board
shall consider the following:
(1)
That the proposed use consistent with the Comprehensive Plan for
the community and that the public health, safety, welfare, and comfort
and convenience of the public in general are safeguarded.
(2)
That the public facilities to service the proposed use, including
water supply, sewage disposal, drainage facilities, road and pedestrian
facilities, solid waste facilities, and any other utilities and public
services are adequate for the intended level of use.
(3)
That the proposed use is of a character, scale and intensity of use
compatible with the surrounding neighborhood, will not conflict with
neighboring uses, and will not impair the value of properties.
(4)
That the proposed use shall not have a deleterious effect on the
site or the surrounding neighborhood with regard to natural resources;
aesthetic resources; scenic, historic or archaeological sites or structures;
or the quality of air or water.
(5)
That the proposed use shall not cause undue noise, vibration, odor,
glare, smoke, dust, fumes, unsightliness or electrical disturbance,
nor pose a danger to neighboring properties or the general neighborhood
due to hazardous or volatile substances.
[Amended 2-14-2011 by L.L. No. 1-2011]
A.
Uses subject to site plan review are appropriate in the district
in which they are allowed, but require the review of the Planning
Board to ensure the adequacy and proper arrangement of the proposed
improvements to the site.
B.
The Planning Board may approve, approve with modifications or disapprove
an application for a site plan based on the criteria of this chapter.
C.
The Planning Board is hereby authorized to waive any requirements
of this chapter pertaining to site plan review and approval when such
waiver is reasonable and where the requirements of this chapter are
not requisite in the interest of the public health, safety or general
welfare or are inappropriate to a particular site plan review.
D.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed site plan.
E.
The Planning Board shall require that all site plans comply with
the following general review criteria:
(1)
The site is designed so as to be consistent with the Comprehensive
Plan for the community;
(2)
Parking, queuing and loading areas are adequate for the intended
level of use, and arranged so as to minimize negative impacts on adjacent
properties and the public road system;
(3)
Access to the site is safe and convenient and relates in an appropriate
way to both the internal circulation on the site as well as the public
road system;
(4)
The internal circulation of the site is arranged so as to provide
safe access to parking, queuing and loading areas, provide access
for emergency and service vehicles, provide adequate separation of
pedestrian and vehicular movements, and minimize impacts on the public
road system;
(5)
Pedestrian ways are safe and adequate, and are properly integrated
with the pedestrian ways of adjacent properties and the neighborhood;
(6)
Site lighting is adequate for the intended use of the property, is
designed to minimize impact on neighboring properties, and is appropriate
for the character of the neighborhood;
(7)
The designs, locations, dimensions and architectural styles of buildings,
structures and signs are in keeping with the character of the neighborhood;
(8)
The site is suitably landscaped and appropriately screened from adjacent
properties and the public road at all seasons of the year so as to
protect the visual character of the area and to minimize negative
impacts on adjacent properties and the neighborhood;
(9)
Activities which are incompatible with adjacent properties are suitably
buffered so as to minimize negative impacts on such adjacent properties;
(10)
Changes to existing drainage patterns, or increased drainage
due to development activity, have no negative impacts on adjacent
property, community drainage systems, or streams and wetlands;
(11)
On-site activities are designed and conducted so as to minimize
soil erosion and sedimentation;
(12)
Water supply and sewage disposal facilities are safe and adequate;
(13)
Existing vegetation, natural features and landform are preserved
to the extent practical;
(14)
Residential sites contain adequate and appropriate open space
and recreation areas for the residents of the site;
(15)
The integrity of scenic, historic and archeological sites are
preserved where practical.
[Added 2-14-2011 by L.L.
No. 1-2011]
A.
Architectural design. The architectural design, layout and function
of uses and structures must not conflict with that of neighboring
uses or the district.
B.
Buffering.
(1)
Commercial, small commercial and industrial uses and parking lots
shall be buffered from adjacent residential uses.
(2)
Additional setbacks from lot lines may be required, if necessary,
to buffer adverse effects of a proposed use on adjacent properties.
(3)
The adequacy, type and arrangement of trees, shrubs and other landscaping
which constitutes a visual and/or a noise-deterring buffer between
competing adjacent uses and adjoining lands shall be reviewed and
approved.
C.
Drainage.
(1)
To the extent practicable, all development shall conform to the natural
contours of the land and natural and preexisting man-made drainageways
shall remain undisturbed.
(2)
All developments shall be provided with a drainage system that is
adequate to prevent the undue retention of surface water on the development
site. Surface water shall not be regarded as unduly retained if the
retention results from a technique, practice or device deliberately
installed as part of an approved sedimentation or stormwater runoff
control plan; or the retention is not substantially different in location
or degree than that experienced by the development site in its pre-development
state, unless such retention presents a danger to health or safety.
(3)
No surface water may be channeled or directed into a sanitary sewer.
(4)
Whenever practicable, the drainage system of a development shall
be coordinated with the connections to the drainage systems or drainage
ways on surrounding properties or roads.
(5)
Private roads and accessways within unsubdivided developments shall
utilize curb and gutter and storm drains to provide adequate drainage
if the grade of such roads or accessways is too steep to provide drainage
in another manner or if other sufficient reasons exist to require
such construction.
(6)
All developments shall be constructed and maintained so that adjacent
properties are not unreasonably burdened with surface waters as a
result of such developments. More specifically:
(a)
No development may be constructed or maintained to unreasonably
impede the natural flow of water from higher adjacent properties.
(b)
No development may be constructed or maintained so that surface
waters are unreasonably collected and channeled onto lower adjacent
properties at such locations or at such volumes as to cause substantial
damage to lower adjacent properties.
D.
Electrical disturbance. Electrical disturbances shall not be caused
so as to disrupt radio or television communications in the immediate
area.
E.
Erosion and sediment control.
(1)
All earthmoving activities shall be conducted in such a way as to
prevent accelerated erosion and the resulting sedimentation. To accomplish
this, any person engaged in earthmoving activities shall effectively
develop, implement and maintain erosion and sedimentation control
measures. These erosion and sedimentation measures must be set forth
in a plan as described below and must be available at all times at
the site of the activity.
(2)
The erosion and sedimentation control plan shall include, but not
be limited to, the following:
(a)
The topographic features of the project area;
(b)
Types, depth, slope, and extent of the soils;
(c)
The proposed alteration to the area;
(d)
The amount of runoff from the project area and the upstream
watershed area;
(e)
The staging of earthmoving activities;
(f)
Temporary control measures and facilities for use during earthmoving;
(g)
Permanent control measures and facilities for long-term protection;
and
(h)
A maintenance program for the control facilities including disposal
of materials removed from the control facilities or project area.
(3)
During and upon completion of the project, all areas which were disturbed
by the project shall be stabilized so that accelerated erosion shall
be prevented.
(4)
Any erosion and sedimentation control facility required or necessary
to protect areas from erosion during the stabilization period shall
be maintained until stabilization is completed.
(5)
Upon completion of stabilization, all unnecessary or unusable control
facilities shall be removed, the areas shall be graded and the soils
be stabilized.
F.
General nuisance effects. The site shall be designed so that any
excessive noise, vibration, lighting glare, dust, fumes, smoke or
odor caused by the use shall be prevented from adversely affecting
and depreciating neighboring properties.
G.
Hazardous materials.
(1)
All buildings, structures or areas used in the production, handling,
and storage of hazardous materials shall be located at least 500 feet
from any lot or street line.
(2)
All buildings, structures or areas used for producing, handling or
storing hazardous materials must be placed on a paved, concrete, or
similar solid surface and have in place walls, mounds, pits or some
similar devices which, in case of leakage or spills, will retain the
hazardous material on the site and prevent contamination of the soil
and groundwater.
(3)
No hazardous material shall be disposed of on site.
(4)
The entire lot on which the operation is located shall be enclosed
by a fence at least 10 feet high and all entrances and exits shall
be locked, have security personnel available or employ some system
which restricts access to the area.
H.
Impervious surfaces. Where no public storm sewers are available,
no more than 65% of the gross site area may be covered by impervious
surfaces.
I.
Landscaping.
(1)
Landscaping shall be used to enhance the visual character of the
use, provide a more comfortable micro-climate, aid in traffic circulation
and drainage, eliminate erosion, and provide for visual and noise
barriers.
(2)
Consideration shall be given to seasonal needs for solar access,
wind screens and shading.
(3)
Natural vegetative features of the site shall be retained and maintained
when at all possible, and new vegetation shall be used that is suitable
for or native to the region.
(4)
Any proposed road that is part of a site plan shall have new trees
planted or retain existing trees.
(5)
Landscaping design should include consideration for basic site maintenance
such as lawn mowing and leaf removal and should not be in conflict
with snow removal and storage.
(6)
Landscaping shall involve grading, seeding and regular mowing of
the front yard area at a minimum.
J.
Lighting.
(1)
All developments shall have adequate lighting to ensure the safety
and security of persons using or occupying such development.
(2)
Lighting should be located along streets; parking areas; at intersections
and where various types of circulation systems merge, intersect or
split; along pathways; at stairways and building entrances and exits;
and where buildings are set back or offset.
(3)
Freestanding lights should be so located and protected to avoid being
easily damaged by vehicles.
(4)
All lighting shall be designed and arranged so as to minimize glare
and reflection on adjacent properties and roads, and where lights
along the property lines will be visible to adjacent residents, the
lights should be appropriately shielded.
(5)
All lights should be shielded to restrict the maximum apex angle
of the cone of illumination to 150°.
(6)
The style of the light and light standard should be consistent with
the architectural style of the principal building.
(7)
The maximum height of freestanding lights should be the same as the
principal building but not exceeding 25 feet.
(8)
No flood lights in excess of 100 watts shall be installed without
specific written approval of the Planning Board, and spotlight-type
fixtures attached to buildings should be avoided.
K.
Recreation and open space.
(1)
In the case of residential developments, recreation areas, both playgrounds
and informal recreation areas, may be required where a finding has
been made that such recreation areas are necessary based on the projected
population growth which the particular site plan will contribute.
(2)
Nonrecreational open spaces may be required for circulation and other
reasons.
L.
Scenic, historic and cultural attributes.
M.
Screening.
(1)
Every development shall provide sufficient screening so that neighboring
properties are shielded from adverse external effects of that development
and the development is shielded from negative impacts of adjacent
uses.
(2)
When a commercial use abuts a residential property, screening may
be required of sufficient height and density (i.e., fences, hedges,
etc.) to reduce or eliminate conflicting environmental conditions.
N.
Site layout. The elements of a site plan include such things as structures,
vegetation, land forms, open space, drainage systems, and automobile
and pedestrian traffic-ways. Such elements shall be laid out in such
a way that they are integrated to work as a well-functioning system
which enhances the aesthetic quality of the site so that it is beneficial
and not detrimental to the use on site or neighboring sites, or damaging
or inconvenient to property or persons.
O.
Vehicular and pedestrian traffic.
(1)
The adequacy and arrangement of safe vehicular traffic access and
circulation, including intersections, road widths, curb cuts, channelization
structures and traffic controls shall be reviewed. Traffic access
to and from the site, as well as on-site traffic circulation, shall
be designed and constructed so as to reduce traffic hazards.
(2)
No new vehicular entrances shall be provided within 50 feet of an
existing intersection.
(3)
The adequacy and arrangement of pedestrian traffic access and circulation,
including separation of pedestrian from vehicular traffic, walkways,
structures, control of intersections with vehicular traffic and pedestrian
convenience shall be reviewed. Pedestrian and automobile conflicts
shall be minimized as much as possible, and safe passage of pedestrians
shall be provided for.
Following is a list of specific uses with particular criteria to which they must conform, in addition to § 250-56, General criteria for all site plan reviews, of this article.
A.
Airfield/landing strip.
(1)
Landing and take-off runway areas shall be located at least 1,000
feet from any building or structure on adjacent lots and at least
300 feet from any street line.
(2)
Hangers and/or parking areas for airplanes shall be at least 75 feet
from any lot or street line.
(3)
Any off-street parking areas for motor vehicles of at least five
parking spaces shall be provided and shall be located at least 50
feet from any front or rear lot line and 20 feet from any side lot
line.
B.
Building supply sales and storage yards.
(1)
All buildings, structures, materials storage areas, parking areas,
etc., shall be located at least 50 feet from all lot and street lines.
(2)
When located within 200 feet of a residential structure, such operations
shall be screened from the adjacent residential lot by a fence, hedge,
or other planting or structure so as to not be visible from the adjacent
property.
(3)
Any outdoor lighting shall be situated so as not to be directed at
adjacent residential lots.
C.
Fuel storage and supply facilities.
(1)
All fuel storage tanks and fuel pumps shall be located at least 100
feet from any adjacent industrial, commercial or business lot line,
200 feet from any adjacent residential lot line and 100 feet from
any street line.
(2)
If the fuel storage tanks are aboveground tanks, the tank area must
be surrounded by a moat, mound, wall or other structure of some kind
which will retain any fuel leakage or spills on lot.
D.
Junkyard. (See Article III, Definitions.)
(1)
All buildings, structures and areas on the lot used for the storage
of junk, as defined by the chapter, shall be located at least 30 feet
from any lot line and 75 feet from any street line.
(2)
The entire area of the lot to be utilized as a junkyard shall be
surrounded by a fence at least eight feet in height and constructed
of materials which will screen visibility from any street, roadway
or adjoining property. The fence shall have a gate, or gates, which
can be secured when the junkyard is closed or has no person in attendance.
The fence shall be placed at least 25 feet from any property line
and 70 feet from any street line.
E.
Motor vehicle, equipment and implement sales and services.
(1)
All buildings, structures and necessary accessory uses for such operations
shall be located at least 50 feet from any lot or street line.
(2)
When within 200 feet of any residential structure, such operation
shall be screened from the residential property by a fence, hedge,
or other landscaping.
(3)
All parking areas and outdoor vehicle or equipment storage or display
areas shall be constructed of an all weather material (paved, graved,
etc.).
(4)
All junk wastes, discarded parts, etc., as a result of servicing
motor vehicles, equipment, etc., shall be stored in an enclosed structure
or fenced area, so as not to be visible from adjacent lots, until
disposed of. None of these materials may be disposed of on the lot.
F.
Manufacturing operations involving hazardous materials.
(1)
All buildings, structures, storage areas and accessory uses used
in the production, handling, storage, etc., of hazardous materials
shall be located at least 500 feet from any lot or street line.
(2)
All buildings, structures, or areas used for storing hazardous materials
must be placed on a paved, concrete, or similar solid surface and
have in place walls, mounds, pits or some similar devices which, in
case of leakage or spills, will retain the hazardous material on the
site and prevent contamination of the soil and groundwater.
(3)
No hazardous material, waste, by-product, etc.. shall be disposed
of on site.
(4)
The entire lot on which the operation is located shall be enclosed
by a fence at least 10 feet in height and all entrances and exits
shall be locked, have security personnel available or employ some
system which restricts access to the area.
G.
Public utility facilities.
(1)
All buildings, structures, and accessory uses shall be located at
least 200 feet from any residential lot line.
(2)
Fences, barriers or other safety devices shall be erected around
the utility structures at a height of at least eight feet (excluding
underground facilities.
(3)
The lot on which the facility is located shall be landscaped with
trees, hedges, shrubs, etc.
H.
Quarry, sand or gravel pit.
(1)
All excavation and extraction of materials shall be located at least
75 feet from any street line or lot line, except it shall be located
at least 200 feet from any residential lot line.
(2)
Where such operation is within 250 feet of any residential building,
it shall be screened from view by a fence or landscaping with hedges,
trees, etc.
(3)
All blasting shall be done by a licensed and insured individual or
firm.
I.
Manufactured home parks.
[Amended 10-9-2006 by L.L. No. 2-2006]
(1)
Park location and conditions.
(a)
The site of a proposed manufactured home park:
[1]
Shall be located where orderly development of a manufactured
home park can be undertaken in harmony with development of the surrounding
area in terms of traffic generation, ease and safety of vehicular
access to and circulation within the park, safety of pedestrian movement,
location of structures, adequacy of off-street parking, placement
and sizing of sewage treatment and water supply systems and other
utilities, safety of fuel storage and supply, provision of open space,
recreation facilities or areas, delivery of services and adequacy
of landscaping and buffering;
[2]
Shall have generally level to gently rolling topography over
an area of sufficient size to allow development of the manufactured
home park without significant alterations or disturbance of existing
natural amenities or features such as stands of mature trees, stream
courses, shorelines, wetlands or bedrock outcroppings; and
[3]
Shall be essentially free from adverse, unsafe or unhealthful
conditions, including, but not limited to, flooding, ponding, poor
drainage, erosion, slumping or other soil instability, breeding areas
for insects or rodents, smoke, noise, odors, heat, glare, or toxic
or volatile substances.
(b)
Travel trailers shall not be parked, whether permanently or
temporarily, in any manufactured home park. Manufactured home parks
shall be separated from travel trailer parks by a minimum distance
of 210 feet.
(2)
Restrictions on occupancy.
(c)
Each manufactured home shall be provided with a skirt of permanent
material, similar to that used in the manufactured home, to provide
a finished exterior appearance and to screen the space between the
manufactured home and the ground.
(d)
Each manufactured home shall have well-anchored tie-downs, to
the manufacturers specifications, and at least on each corner of the
stand.
(3)
Park standards.
(a)
Manufactured home site. Each manufactured home park shall be
divided (exclusive of internal roads, open space or common areas)
and marked off into manufactured home sites numbered consecutively,
the number being conspicuously posted on each lot with such number
to correspond to the lot shown on the site plan submitted.
(b)
Manufactured home site size. Each manufactured home site shall
satisfy the following requirements.
[1]
Minimum site size shall be 10,000 square feet. In special cases,
where innovative park design for manufactured home parks of 10 or
more manufactured homes provides clustering and allows for wide roads
or a greater amount of usable recreation area or open space, exceptions
may be granted. In no case, however, shall the site area be reduced
below 7,500 square feet;
[2]
Minimum 100-foot site width. Where exceptions have been made as provided in Subsection I(3)(b)[1], minimum 75-foot site width; and
[3]
Minimum 100-foot site depth.
(c)
Setbacks and spacing.
[1]
All manufactured homes, including expansions, extensions or
other additions thereto, patios, porches or garages and all other
structures in a manufactured home park shall satisfy the following
setback requirements. A detached structure accessory to and located
on the same site with an individual manufactured home shall be considered
part of the manufactured home for the purpose of spacing requirements.
[a]
Minimum of 150 feet from the road line of any public
road.
[b]
Minimum of 30 feet from the center line of any
roadway internal to the manufactured home park.
[c]
Minimum of 40 feet spacing between adjacent manufactured
homes and any other structures in the manufactured home park.
[d]
Minimum of 20 feet from rear site lines.
[2]
No internal roadway, parking lot, recreation area or storage
facility for fuels, supplies or equipment shall be located within
50 feet of a property line in common with adjoining property external
to the manufactured home park abutting a public roadway.
(d)
Park design requirements.
[1]
Access. Each manufactured home park shall provide for safe,
legal means of access from one or more public road as follows:
[a]
Access roads shall meet the public roads at right
angles and at compatible grades;
[b]
Entrances shall be located directly opposite or
at least 200 feet from the nearest intersection of public roads, if
any, and at least 150 feet from any other entrances to the manufactured
home park, if any;
[c]
Entrances shall have sufficient width to allow
reasonable turning movements of vehicles with manufactured homes attached
and of service or delivery vehicles;
[d]
Entrances shall be located to allow safe line-of-sight
distances to and from their points of intersection with the public
road;
[e]
At least one common entrance and access road shall
be required to serve any manufactured home park having three or more
manufactured homes;
[f]
At least two independent entrances and access roads
shall be required to serve any manufactured home park having 20 or
more manufactured homes; and
[g]
Access roads connecting manufactured home park
interior roads to public roads shall meet Town road standards.
[2]
Internal roads.
[a]
Internal roads shall be privately owned and maintained
and shall provide for the safe and convenient movement of vehicles,
with or without manufactured homes attached.
[b]
All manufactured home sites shall face on and be
serviced by such internal roads.
[c]
All roads shall be paved and shall be designed,
graded and leveled as to permit the safe passage of emergency and
other vehicles at a speed of 15 miles per hour.
[d]
Straight, uniform gridiron road patterns should
be avoided. Manufactured home clustering, landscaping and an open
space system is recommended where feasible.
[e]
All internal roads shall have a minimum thirty-foot
right-of-way, 20 feet of which must be paved.
[3]
Parking.
[a]
Each manufactured home shall be provided with at
least two off-street parking spaces adjacent to the manufactured home.
[b]
At least one additional off-street parking space
for each three manufactured homes in the manufactured home park shall
be provided to accommodate guest parking, service or delivery vehicles,
boat or camp trailer storage or other parking or storage demand. Such
spaces shall be in centrally located parking areas without interfering
with the traffic circulation of internal roads.
[c]
Each parking space shall measure at least nine
feet by 20 feet.
[d]
Parking spaces or areas shall have at least eight
inches of crushed stone base or two inches of pavement over four inches
of crushed stone base.
[4]
Recreational areas and open space. Easily accessible and usable
open spaces shall be provided in all manufactured home parks. Such
open space shall have a total area equal to at least 15% of the gross
land area of the park and shall be fully maintained by the park owner.
Part or all of such space shall be in the form of developed recreation
areas to be usable for active recreation purposes.
[5]
Walkways. A four-foot wide hard-surfaced pedestrian walkway
may be provided along and at least five feet from each access road
between the entrance to the public highway and either:
[6]
Water supply. An adequate supply of water shall be provided
for all manufactured homes and service buildings. Where public water
is available, connection shall be used exclusively, unless local authorities
deem otherwise. If a public water system is not available, the development
of a private water supply system shall be approved by the health authority
or other authorities having jurisdiction thereof.
[7]
Sewage. An approved sewage system shall be provided in all manufactured
home parks for the conveying, disposing and treatment of sewage from
manufactured homes, services buildings, and other accessory facilities.
Such system must be designed, constructed and maintained in accordance
with the New York State Department of Health standards and regulations
or the Town of Wilna Sanitary Code, as applicable.
[8]
Garbage and refuse. Each manufactured home lot shall be provided
with at least two 20-gallon metal or plastic garbage cans with tight-fitting
covers. The cans shall be kept in a sanitary condition at all times.
It shall be the responsibility of the park owner to ensure that garbage
and rubbish shall be collected and properly disposed of outside of
the manufactured home park. Exterior property areas shall be maintained
free from organic and inorganic material that might become a health,
accident or fire hazard.
[9]
Fuel supply and storage.
[a]
General requirements. All fuel oil supply systems
provided for manufactured homes, service buildings and other structures
shall be installed and maintained in conformity with the rules and
regulations of the authority having jurisdiction.
[b]
Specific requirements.
[i]
All fuel oil tanks shall be placed at rear of manufactured
home and not located less than five feet from an exit.
[ii]
It is recommended that all fuel oil tanks should
be buried.
[iii]
It is recommended that a central fuel supply
system be provided.
[iv]
Supports or standards for fuel storage tanks are
to be of a noncombustible material.
[c]
Gas supply - natural.
[d]
Liquefied gas.
[i]
Such system shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
[ii]
Systems shall have at least one accessible means
for shutting off gas. This means shall be located outside of the individual
manufactured homes.
[iii]
All liquid propane gas piping shall be well supported
and protected against mechanical injury.
[iv]
Storage tanks shall not be less than 100 pounds
and must be located at rear of manufactured home and no closer than
five feet from any exit.
[v]
It is recommended that a central underground gas
storage system be furnished.
[10]
Electrical service.
[a]
Every manufactured home park shall contain an electrical
wiring system consisting of wiring fixtures, equipment and appurtenances
which shall be installed and maintained in accordance with local electric
power companies' specifications and regulations. All wiring fixtures
must have the approval of an appropriate inspection person or agency
as designated by the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[b]
Each manufactured home stand shall be supplied
with not less than 100-ampere service.
[c]
Adequate lights shall be provided to illuminate
streets, driveways, and walkways for the safe movement of vehicles
and pedestrians at night. A minimum lighting level of 0.3 footcandle
shall be provides.
[d]
All electrical distribution lines shall be placed
underground.
[11]
Telephone service. When telephone service is provided
to manufactured home sites, the distribution system shall be placed
underground.
[12]
Park office and storage facilities. The owner
or manager of a park shall maintain office and storage facilities
in the immediate vicinity of the park.
[13]
Storage facilities. Each manufactured home park
shall provide 125 cubic feet of secure storage space for each individual
manufactured home. Such facilities shall be located either on the
individual manufactured home site or be a permanent structure within
the manufactured home park which is easily accessible to the park
residents at all times.
[14]
Service buildings.
[a]
Service buildings, if provided, housing sanitation
facilities and/or laundry shall be permanent structures complying
with all applicable ordinances and statutes regulating buildings,
electrical installations and plumbing and sanitation systems.
[b]
All service buildings and the grounds of the manufactured
home park shall be well-lighted and maintained in a clean, sightly
condition and kept free of any condition that will menace the health
of any occupant or the public or constitute a nuisance.
[15]
Fire protection and control. Every manufactured
home park shall be equipped at all times with fire-extinguishing equipment
in good working order, of such type, size and number so located within
the park as to satisfy applicable regulations of the fire district
within which the manufactured home park is located.
J.
Campground and travel trailer parks.
(1)
Each travel trailer/campground park shall have adequate access to
a public highway, and each travel trailer site shall be serviced from
interior roadways.
(2)
All buildings, campsites and travel trailer sites shall have a front
yard setback of 150 feet from the line of all roads with the setback
area being seeded and adequately landscaped to provide screening from
the road.
(3)
A "campsite and travel trailer site" shall be a minimum of 2,000
square feet in size and 4,000 square feet shall be provided for longer-term
vacation camping sites.
(4)
The owner or manager of a campground or travel trailer park shall
maintain an office in the immediate vicinity of the park and shall
maintain accurate records of the names of park residents; home address;
and make, description, year and license or identification number of
the trailer. These records shall be available to any law enforcement
official or the Zoning Enforcement Officer.
(5)
A minimum of 10% of the total area of the travel trailer park, not
including the required setback, shall be dedicated to a recreation
area and shall be fully maintained by the park owner.
(6)
Travel trailer sites shall be located on generally level terrain,
not to exceed 8% slope, that is well-drained, free of flood hazard,
and clear of dense brush.
(7)
The corners of each travel trailer lot shall be clearly and permanently
marked, and each lot numbered for identification.
(8)
Where the park terrain is adequate, "pull-through" lots will be provided.
(9)
Sewer, water, solid waste and other utilities shall be provided in
accordance with the requirements of the New York State Sanitary Code,
Environmental Conservation Law, and Uniform Fire Prevention and Building
Code, and any other requirements of federal, state or local law.
(10)
All travel parks shall provide a building containing at least
one automatic washing machine, and unless admission to the park is
restricted to travel trailers equipped with these facilities, one
toilet, lavatory and shower for each sex, for each 20 travel trailer
lots.
(11)
Manufactured homes shall not be parked, whether permanently
or temporarily, in any travel trailer park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Multiple dwellings.
(1)
All on-site traffic access roads shall be composed of all-weather
materials and shall be built to Town standards. The interior roadways
shall enter or exit onto state, county or Town highways only with
the permission of those respective highway departments. The curb cuts
for such entrances or exits shall not be closer than 150 feet to any
road intersection. Visibility on interior roadways or at exits and
entrances shall not be impeded so as to cause unsafe traffic conditions.
(2)
The interior roadway circulation system shall not be congested and
shall allow for the concurrent flow of entering and exiting traffic.
As stated above, the surface shall be of all-weather material, as
specified by Town standards. There shall be two parking spaces for
each dwelling unit. All units shall have ready access to the interior
roadways and parking spaces. No interior public roadway shall be closer
than 10 feet to any building.
(3)
Buildings shall be arranged in relation to each other so that adequate
provision is made for light, air access and privacy. Each dwelling
unit shall have a minimum of two exterior exposures.
(4)
Within one month of the completion of construction, all landscaping
must be finished and all bare grounds must be seeded. If, because
of weather or time of year, it is impractical to landscape and seed,
the site shall be mulched to reduce erosion until landscaping and
seeding can take place. Where adjacent land use districts or uses
are of a commercial, industrial or business nature, the Board may
require that proper screening and buffer zones be required to reduce
noise, dust and disturbances.
(5)
No certificate of occupancy shall be issued for any such building(s)
unless the proposed use conforms in all respects to the site plan
and the condition stated herein.
(6)
The front, rear and side of any principal building shall be no closer
to the front, rear or side of any other principal building than 50
feet.
(7)
There shall be provided on the site of such a use an area or areas
devoted to the joint recreational use of the residents thereof. Such
open space shall have a total area equal to at least 15% of the gross
land area of the lot and shall be fully maintained by the owner of
the dwellings. Part of all of such space shall be in the form of developed
recreation areas to be usable for active recreational purposes.
[1]
Editor's Note: The title of this section was changed
from "Specific Site Plan Review Criteria" to "Site Plan Review Criteria
for Specific Uses" 2-14-2011 by L.L. No. 1-2011.
