A.
Access to public street. Except as otherwise provided in this chapter
and in Town Law §§ 280 and 281, every building shall
be constructed or erected upon a lot or parcel of land which abuts
on a public street unless a permanent easement of access to the public
street is of record at the time of the application for the permit.
B.
Visibility at intersections. On a corner in any residential district,
no fence, wall, hedge, tree, or other structure or planting more than
three feet in height shall be erected, placed, or maintained within
the triangular area formed by the intersecting street lines and a
straight line joining said street lines at points which are 40 feet
distant from the point of intersection, measured along said street
lines. Existing trees within the triangular area described, shall
have lower limbs trimmed to a minimum height of eight feet above ground
level.
C.
Water supply. The Planning Board may require an applicant for any
subdivision, special permit, or site plan approval to provide evidence
of water availability and may require test wells and professional
hydrological studies sufficient to establish that a proposed development
will have adequate supplies of potable water and will not adversely
affect any aquifer resource or the supply or quality of drinking water
in the surrounding area.
D.
Driveways within right-of-way. When property to be developed fronts
on a highway and access to the highway is desired, an approved permit
from the applicable agency for the development of such highway access
shall be presented. The Highway Superintendent may require the installation
of an appropriately sized sluice pipe where it is likely that drainage
problems exist or may be created by the presence of a driveway on
a public right-of-way.
E.
Yards. A paved terrace shall not be considered in determination of
yard sizes or lot coverages; provided, however, that such terrace
is unroofed and without walls, parapets, or other form of enclosure.
Such terrace may have an open guard railing not over three feet in
height and shall not project into any yard to a point closer than
10 feet from any lot line.
F.
Topsoil. A person, firm or corporation may strip, excavate, or otherwise
remove topsoil for use other than on the premises from which the same
shall be taken only to the extent that it is replenished, or sufficient
amounts left to support development needs; where topsoil is removed,
the land from which it is removed shall be reseeded.
A.
Purpose. The purpose of this section is to promote the public health,
welfare, and safety of the inhabitants of the Town of Busti, protect
property values, create a more attractive economic climate and enhance
the scenic and natural beauty of the Town by regulating and restricting
the size, location and physical characteristics of existing and proposed
signs and advertising devices of all kinds in all zoning districts.
B.
General sign regulations.
(1)
Sign permit requirement. A sign permit from the Code Enforcement Officer is required for all signs that are not exempted from the requirements of this section by Subsection B(2) of this section.
(2)
Exemptions. The following signs are exempt:
(a)
Signs defined herein as "portable," "residential," or "convenience"
signs.
(b)
Signs mandated by statute, law, or governmental regulation.
(c)
Flags, badges or insignias of a governmental organization.
(d)
Vehicle signs, as long as the vehicle remains principally in
use upon public highways with a current registration, inspection and
insurance coverage.
(3)
Sign construction and maintenance. All signs, other than those
defined as portable signs, shall be securely attached to a building
or a structurally sound support, and their display surface shall be
kept neatly painted or finished and in good repair at all times.
(4)
Illuminated signs.
(a)
Illuminated signs may utilize only light of constant color and
intensity. No flashing, intermittent, rotating or moving lights or
strings of lights may be used, except traffic warning lights for hazards
and holiday lights during the holiday season.
(b)
No illuminated signs or outdoor illumination shall direct light
in a way which could create a traffic hazard or a nuisance or an annoyance
to passersby or be unreasonably detrimental to adjoining or neighborhood
properties. Illuminated signs shall conform to electrical standards
required by New York State. The source of illumination shall be suitably
shielded to eliminate direct rays or glare on adjoining property.
(c)
Gas-filled tubes (neon) shall be permitted. Gas-filled signs
may be illuminated only between the hours of 8:00 a.m. and 10:00 p.m.
(d)
Interior signs may be internally illuminated.
(5)
Projecting signs. No projecting sign shall be erected or maintained
if its outer face is more than nine inches from the front or other
facade of a building. A sign may not overhang or project onto any
public land or highway or road surface unless otherwise provided in
this section.
(6)
Temporary signs. Temporary signs may be displayed not earlier
than two weeks before the event, service or project advertised. They
shall be removed within five days after the conclusion of the event,
service, or project.
(7)
Directional signs.
(a)
The sign face for directional signs shall not exceed four square
feet, except that in the I and LMR Districts the sign face for directional
signs shall not exceed six square feet. Such signs may be illuminated
in conformance with the requirements of this section.
(b)
Parking lot signs. One sign, the sign face of which shall not
exceed nine square feet and, if freestanding, not higher than six
feet above ground level, may be placed in a private off-street parking
area only, to limit the use of such parking area as specified by the
owner or occupant.
(c)
Public service informational signs. Signs which display public
service information, such as time and temperature, are permitted as
long as the sign face does not exceed 32 square feet.
C.
Prohibited signs.
(1)
The following signs are prohibited in the Town of Busti:
(a)
Revolving, moving, flashing, or blinking signs or signs that
appear to be in motion, except for signs which display public service
information, such as time and temperature.
(b)
Roof signs and signs protruding above an extension of the upper
roofline of the building to which the sign is attached.
(c)
Outdoor advertising signs.
(d)
Inflatable signs.
(e)
Internally illuminated plastic signs.
(f)
Signs or parts thereof that contain or consist of animated parts,
ribbons, streamers, spinners or similar moving or fluttering devices.
(g)
Signs attached to a public light standard, utility pole, or
tree.
(h)
Signs located within two feet of any road, street or highway
property line or road surface, except for directional signs.
(i)
Signs that obstruct the view of any traffic sign, signal or
device.
D.
Signs in the HC, H, CMR and LC Districts.
(2)
The following types of signs may be erected, unless otherwise
provided:
(a)
A wall or fascia sign or signs may be attached or applied to
a building or portion thereof. The total sign face shall not exceed
1 1/2 square feet per linear foot of building or occupant frontage,
whichever is less. In no case shall the total cumulative sign face
exceed 50 square feet.
(b)
A freestanding sign may be used if the total sign face does
not exceed 12 square feet and the sign is not more than 10 feet above
ground level. Any business maintaining a freestanding sign permitted
under this option may, in addition, obtain a permit for a wall or
fascia sign.
(3)
Shared-common-entry occupants. If two or more occupants share
a common door, the maximum sign face allowed per building frontage
shall be shared between them.
(4)
Single-occupant buildings. In addition to any other sign, a building with one occupant which has an entrance open to the public from an adjacent parking lot is permitted to have one sign as described in Subsection D(2)(a) above on the building face that has an entrance closest to the parking lot.
(5)
Multiple-occupant complex signs. Three or more occupants occupying
a common building with a common entry or occupying separate buildings
with a common driveway shall be considered a multiple-occupant complex
and shall require site plan review for all proposed signage located
within the complex prior to issuance of a sign permit. A common entry
does not exclude an additional separate entrance to the building(s)
for a particular occupant.
(a)
Signs identifying an individual multiple-occupant complex. One
wall or fascia sign is permitted for each complex. This sign may contain
the name and logo of the complex and must include the street number
in accordance with state guidelines. The sign face may not exceed
25 square feet for a wall or fascia sign. A freestanding sign may
be used instead of a wall or fascia sign, which sign face may not
exceed 16 square feet nor be higher than 10 feet beyond ground level.
(b)
Signs identifying occupants within the complex. Occupants are
allowed one wall or fascia sign per building in a multiple-occupant
complex. The sign face shall not exceed 1 1/2 square feet per
one linear foot of building or occupant frontage. In no case shall
the cumulative sign face exceed a total of 50 square feet. This sign
face may be shared among occupants of the building. If the complex
has more than one street-facing frontage, then the total sign area
may be distributed among the occupants.
(c)
Multiple-occupant complex directory. A single directory sign
is permitted which lists some or all of the occupants within the complex.
The total size of the sign may be no greater than six square feet
for each occupant. This sign shall be situated in an unobtrusive,
interior location.
(6)
The top of any freestanding sign shall not be higher than 10
feet above the ground level.
(7)
Wall or fascia signs may be placed at any height but not higher
than the building facade.
(8)
An interior sign identifying the occupant that can be seen from
the exterior will be considered part of the total sign area allowed.
E.
Signs in the I and LMR Districts.
(1)
One freestanding on-premises sign identifying the occupant is
permitted, provided that the sign face does not exceed 50 square feet.
(2)
One wall or fascia sign is permitted as long as the sign face
does not exceed 1 1/2 square feet for each linear foot of building
or occupant frontage, whichever is less, up to a maximum of 50 square
feet. If a wall or fascia sign is used in addition to a freestanding
sign, the sign face may not exceed 3/4 square foot per linear foot
of building or occupant frontage, whichever is less.
(3)
The top of the sign shall not be higher than 10 feet above the
ground level, unless otherwise provided herein.
(4)
Wall or fascia signs may be placed at any height, but not higher
than the building facade.
F.
Signs in the RHD, RM, RA, CA and CAMP Districts.
(1)
The sign face of signs in the RHD, RMD, RA, CA and CAMP Districts
shall not exceed three square feet.
H.
Sign permits.
(1)
Application for a sign permit shall be made, in writing, upon
the forms prescribed by the Code Enforcement Officer, and each such
application shall meet the following standards and shall contain,
at minimum, the following information:
(a)
The name, address, and telephone number of the applicant or
of the owner of the sign, if different from the applicant.
(b)
The location and the name and address of the owner, if other
than the applicant, of the building, structure, or land to which or
upon which the sign is to be erected.
(c)
A detailed drawing showing the construction details, dimensions,
the position of lighting and extraneous devices, and a site plan showing
the position of the sign with reference to any building or structure,
property lines and any private or public street or highway.
(d)
Written consent of the owner of the building, structure, or
land at which the sign is to be erected, in the event that the applicant
is not the owner thereof.
(e)
Appropriate proofs of compliance with the requirements of this
section and all other sections of this chapter.
(2)
Applications shall be submitted to the Code Enforcement Officer,
who shall:
(a)
Review the design, size and location of the proposed sign to
determine whether the proposed sign is in compliance with all of the
regulations or restrictions set forth in this Article or any other
applicable chapter of the Town Code.
(b)
Approve grants (including any reasonable conditions), reject
the application for being incomplete, or deny the application and
provide reasons for the denial.
(c)
If the proposed sign does not comply with the regulations or
provisions of this Article, the Code Enforcement Officer shall deny
the application. A decision of the Code Enforcement Officer may be
appealed to the Zoning Board of Appeals. The Town Planning Board may
submit an advisory opinion to the Code Enforcement Officer or, if
on appeal, to the Zoning Board of Appeals.
(3)
Upon an appeal by the applicant, the procedures, and standards of § 405-1304C, Area variances, shall apply, except as modified by this section. The Zoning Board of Appeals shall have the authority to vary or modify the application of any of the regulations or provisions of this section relating to the use, construction, alteration, design, size, and location of a sign in such a manner as shall not be contrary to the spirit of this section and the public safety and welfare of the Town of Busti.
(4)
Fees.
(a)
Fees for applications and permits under this section shall be
established and changed from time to time by resolution of the Town
Board of the Town of Busti.
(b)
Such fees apply to all signs, even if shown on the original
building plans, and are in addition to any other fees required by
the Town.
(c)
Costs of engineering studies and related expenses required by
the Town in connection with review of an application or for ascertaining
compliance with this section may be charged to the applicant or sign
owner.
(5)
Issuance of permit.
(a)
The Code Enforcement Officer shall issue a permit for a proposed
sign upon payment of the proper fees, provided that the application,
including drawings and related materials, is complete and complies
with all provisions of this section as determined by the Code Enforcement
Officer or, following appeal, by the Board of Appeals. If the sign
authorized by a permit has not been completed within six months from
the date of the permit, the permit shall expire.
(b)
Permits issued are not personal rights but relate solely to
the premises for which application is made. Permits may not be assigned
to others and may not be transferred to premises other than that identified
in the permit.
(6)
Removal and maintenance of signs.
(a)
The Code Enforcement Officer shall notify the owner of any sign
which is abandoned, unsafe, insecure, a nuisance to the public, erected
in violation of this section, or not maintained in accordance with
this section. Such notice shall be in writing and shall require the
owner to remove the sign or correct the unsatisfactory condition within
20 days from the date of such notice.
(b)
Upon failure to comply with such notice within the prescribed
time, the Code Enforcement Officer is authorized to secure, repair,
remove or cause the removal of such sign. All costs of securing, repairing,
or removing of such sign, including related legal fees and expenses,
shall be assessed against the land on which the sign is located and
levied and collected in the same manner as provided in the Town Law
for the levy and collection of a special ad valorem levy.
(c)
Emergency provisions. Where it reasonably appears that there is a clear and imminent danger to the life, safety or health of any person or property unless a sign is immediately repaired or secured or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair or securing or demolition of such unsafe sign. The expense of such repair or securing or demolition shall be a charge against the land on which the sign is located and shall be assessed, levied and collected as provided in Subsection H(6)(b) above.
(7)
Revocation of permit. The Code Enforcement Officer may revoke
any sign permit in the event that there is any false statement or
misrepresentation as to a material fact in the application upon which
the permit was based or if the sign is not erected in accordance with
the permit.
(8)
Notice. A notice to an applicant or to a sign owner pursuant
to this section shall be sufficient if mailed postage paid to the
applicant at the address stated in the application as may be changed
from time to time by the applicant by written notice received by the
Code Enforcement Officer or to the address of the owner of the property
at which the sign is located as shown on the records of the Town Assessors.
I.
Preexisting nonconforming signs.
(1)
A preexisting nonconforming sign may not be altered or enlarged
so as to increase its nonconformity or add a different nonconformity.
(2)
If it is claimed that a sign is a preexisting nonconforming
sign, the person making such claim shall have the burden of proof
thereof.
(3)
A certificate of nonconformance may be issued by the Code Enforcement
Officer for a preexisting nonconforming sign upon presentation of
proofs satisfactory to the Code Enforcement Officer. A certificate
of nonconformance shall provide a rebuttable presumption that the
sign existed at the time that this chapter was amended to make it
nonconforming.
(4)
Alteration or replacement; discontinuance; change of use.
(a)
Preexisting nonconforming signs may be repaired, repainted,
or refinished without a permit.
(b)
Discontinuance. Any preexisting nonconforming sign which is
removed from the position it occupied on the effective date of this
section and not restored to such position within 30 days shall be
presumed to be abandoned and discontinued and may not be restored
except in compliance with this section.
(c)
Change of use. Any change in use for a property will require
removal of all nonconforming signs.
Off-street parking spaces, with a proper and safe access, shall
be provided within a structure or in the open in such a number or
numbers for each use as is required pursuant to the table contained
in this subsection.
A.
Any application for any development permit or a special use permit
shall include with it a plot plan showing any parking or loading or
unloading facilities in existence or to be constructed in compliance
with the regulations of this chapter.
B.
Dimensions for off-street automobile parking.
(1)
A required off-street parking space for institutional, commercial,
or industrial use shall be in an area not less than 189 feet square
or less than nine feet wide by 19 feet long, exclusive of access drives
or aisles, ramps, columns or office and work area accessible from
streets or alleys or from private driveways or aisles leading to streets
or alleys and to be used for the storage of parking or passenger automobiles
or commercial vehicles under 1 1/2 tons' capacity. Aisles
between vehicular parking spaces shall not be less than 12 feet in
width when serving automobiles parked at a 45° angle in one direction
not less than 20 feet in width when serving vehicles parking perpendicular
to the aisles and accommodating two-way traffic.
(2)
Parking facilities shall be designed with appropriate means
of vehicular access to a street or alley in such manner as will least
interfere with the movement of traffic. No driveway or curb in any
district shall exceed 25 feet in width.
C.
Location of required spaces. No parking space or portion thereof
established on the same zoning lot with a building shall be located
within a required front yard. No parking spaces or portions thereof
established on a lot without a building shall be located closer to
any street line than the front yard setback required for the district
in which the parking lot is located. Further, any wall, fence or hedge
developed around any parking area shall be subject to the front yard
setback requirement of this chapter in the same manner as a structure
or building.
D.
Parking lot guidelines. In addition to the general considerations
for determining parking lot requirements, the Planning Board shall
use the following as guidelines, rather than requisite, for determining
the amount of requisite parking:
|
Use
|
Parking Spaces Required
|
|---|---|
|
Eating and drinking establishment
|
1 per every 3 seats
|
|
Golf course
|
4 per hole
|
|
Industrial
|
1 per every 1.2 employees, based on highest expected employment
|
|
Professional office
|
1 per every 250 square feet of floor area
|
|
Residential
|
2 per dwelling unit
|
|
Retail business
|
1 per every 180 square feet of floor area
|
|
Tennis court
|
2 per court
|
|
Other
|
1 per every 259 square feet of floor area
|
E.
Handicapped parking. Adequate parking for handicapped persons shall
be provided in accordance with applicable laws and designed in accordance
with all state and federal ADA regulations (ICC/ANSI A117.1).
F.
Parking lot design.
(1)
No more than two curb cuts shall be created for access into
a parking lot.
(2)
The Planning Board may require curbing to ensure proper drainage,
delineate the parking area and driveway access; stacking lanes to
avoid stacking of vehicles into the public right-of-way; bicycle parking
spaces; use of pervious pavement; or incorporation of low-impact stormwater
methods such as bioswales and rain gardens to control runoff.
A.
Off-street loading and/or unloading spaces for commercial and/or
industrial vehicles while loading and/or unloading shall be provided
on each lot where such facilities are required to serve the use or
uses on such lot. The number of loading and/or unloading spaces required
for commercial and/or industrial vehicles while loading and/or unloading
shall be in addition to the off-street parking requirements listed
in the section above. Each loading and/or unloading space shall have
at least 15-foot vertical clearance with a 60-foot maneuvering area
and shall have an all-weather surface to provide safe and convenient
access during all seasons.
B.
No off-street loading and/or unloading space shall be constructed
between the street right-of-way line and the building setback line.
(1)
Loading and/or unloading facilities shall be designed so that
trucks or other such vehicles need not back in or out or park in any
public right-of-way.
(2)
At least one off-street loading and/or unloading space shall
be provided for all commercial and industrial establishments in excess
of 3,500 square feet of floor area.
Fences shall be allowed in all districts, except that no fence shall be taller in height than six feet unless the same is 15 feet from the property line and the same encompasses a swimming pool or tennis court, and no fence, not approved and meeting the requirements of § 405-703D, shall be located within 50 feet of the lake.
Exceptions to lot frontage requirements may be granted for lots
designed as flag lots, provided that:
A.
In the opinion of the Planning Board, the character of the land precludes
typical subdivision development, or a unique and desirable lot can
be created.
B.
The proposed lot has a minimum lot frontage of 25 feet, as measured
along the right-of-way of the fronting highway throughout the entire
length leading to the buildable portion of the lot and there shall
be 100 feet width at the actual building line.
C.
The required setbacks can be met when measured from the point where
the lot meets the required minimum lot width for that zoning district.
D.
The minimum driveway width for a flag lot is 20 feet.
E.
The flagpole portion of the lot shall not be considered in determining
the area of the lot.
F.
The flagpole portion of the flag lot shall be under the same ownership
as the flag portion of the lot.
A.
Landscaping shall be required for all new commercial uses in all
districts and shall include at least the following measures:
(1)
Planting areas shall consist of permeable surface areas only.
(2)
Trees, when required, shall be planted 12 feet to 40 feet on
center and at least 30 inches from the edge of any paved surface of
a parking lot and at least eight feet to 10 feet from the shoulder
of any road.
(3)
Required plants shall be maintained in a healthy condition at
all times. Any plant that dies shall be replaced with another living
plant that is comparable to the existing plant specified in the approved
landscape plan within 90 days.
(4)
Trees shall measure a minimum of 1 1/2 inches' caliper
when measured six inches above grade. Shrubs shall reach a mature
height within five growing seasons.
(5)
Landscaped berms, when required by the Planning Board, shall
have a slope not greater than the slope created in three horizontal
feet with a one-foot vertical rise. The surface of the berm that is
not planted with trees and shrubs shall be covered with grass, perennial
ground cover, vines, and woody and herbaceous materials.
(6)
Proposed developments that require a site plan or special use
permit shall provide landscaping along or within any street providing
access to the use.
(7)
Plants, shrubs, and trees used in landscaping shall be native
to the Northeastern United States to the maximum extent practical.
A.
No use shall produce glare so as to cause illumination beyond the
boundaries of the property on which it is located.
B.
All exterior lighting, including security lighting, signs or other
uses shall be directed away from adjoining streets and properties.
C.
No direct glare shall be permitted, and all lighting fixtures shall
be fully shielded so that the angle of illumination is directed downwards
rather than out, with the exception of incandescent lamps equal to
or less than 1650 lumens, or glass-filled tubes filled such as neon
or argon.
D.
Light source locations shall be chosen to minimize the hazards of
glare. The ratio of spacing to mounting height shall not exceed a
4:1 ratio.
E.
All poles or standards used to support outdoor lighting fixtures
shall be anodized or otherwise coated to minimize glare from the light
source.
F.
The maximum height of the luminaire shall not exceed 30 feet.
G.
The installation of any mercury-vapor, metal halide or sodium light
fixtures or lamps for use as outdoor lighting is prohibited.
H.
The Planning Board may require all exterior lights to be extinguished
30 minutes after the close of business, or after 11:00 p.m. unless
the use is open 24 hours per day. Emergency lighting and pedestrian
security lighting may be allowed to remain on after the close of business.
I.
The unshielded outdoor illumination of any landscaping, signing,
or other accessory purpose is prohibited, except with appropriate
dark-sky-compliant light fixtures of a suitable wattage and kelvin
color range.
A.
Stormwater runoff rates after development shall not exceed the rates
that existed prior to the site being developed. Existing natural areas
that already provide stormwater erosion control shall be protected
to the maximum extent practical.
B.
Erosion and stormwater control management practices shall be designed
and constructed in accordance with the Stormwater Design Manual of
the New York State Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES), and with the requirements
of the Environmental Protection Agency's Phase II National Pollutant
Discharge Elimination System (NPDES) regulations.
C.
All nonresidential land disturbances of one acre or larger and applicable
residential developments that disturb one to five or more acres shall
conform to the substantive requirements of the NYS Department of Environmental
Conservation State Pollutant Discharge Elimination System (SPDES)
General Permit for Construction Activities (GP-0-10-001), or as amended
or revised.
D.
The Planning Board may require the stormwater treatment to be designed
through low-impact stormwater management practices. Bioretention (bioswales),
dry wells, filter and buffer strips, grass swales, rain gardens, and
infiltration trenches should be installed to infiltrate runoff from
parking lots and other impervious surfaces to the maximum extent practical.
Where vegetative solutions are not feasible, the Planning Board shall
include porous surfaces to allow infiltration of stormwater to the
maximum extent practical.
A.
Purpose.
(1)
The purpose of the procedures, standards and controls of the
cluster residential development is to provide a means to take advantage
of natural physical features of an area by permitting reductions in
bulk and area requirements for individual lots and providing compensatory
areas of open space ancillary to dwelling units.
(2)
The purpose of the procedures, standards and controls of planned
unit residential development is to encourage innovation in residential
development which will provide housing of greater variety in type,
design, and site planning, incorporating the conservation of maximum
open space ancillary to said housing units. Design is primarily achieved
through the basis of overall density of a given number of dwelling
units per acre.
B.
Procedure.
(1)
Application for establishment of cluster and planned unit residential
developments shall be made to the Town Code Enforcement Officer. The
Code Enforcement Officer shall refer the application to the Planning
Board for consideration.
(2)
The Planning Board shall require the applicant to submit documentation
indicating conformance to all designs and improvements required by
this chapter. Such documentation shall include, but not be limited
to, the following:
(a)
Overall development plans showing kind, location, occupancy
capacity of structures, bulk and uses.
(b)
General floor plan of buildings. Location and identification
of open spaces, streets and all other means for pedestrian and vehicular
circulation, parks, recreational areas and other nonbuilding sites;
provisions for automobile parking and loading.
(c)
General landscape plan. General location and nature of public
and private utilities (including underground utilities) and other
community facilities and services (including maintenance facilities).
(d)
Other information. The applicant shall include such other pertinent
information as the Planning Board shall prescribe.
(e)
Written statements of:
[1]
Facts concerning the suitability of the site, the proposed density,
the location and proposed uses and facilities for development in accordance
with the provisions of this chapter.
[2]
Purposes, showing proposed provisions to be made for services,
maintenance and continued protection of the cluster and planned residential
unit development and adjoining territory.
[3]
Disposition of open space lands and provisions for maintenance
and control of the open space land; financial responsibility for such
open space land must be clearly indicated.
[4]
Phasing of construction or timing regarding each development
area.
[5]
The applicant shall include such other pertinent information
as the Planning Board shall prescribe.
(3)
In reaching its decision on the proposed development, the Planning
Board shall consider, among other things, the need for the proposed
use in the proposed location, the existing character of the neighborhood
in which the use would be located, and the safeguards provided to
minimize possible detrimental effects of the proposed use on adjacent
property.
(4)
The Planning Board shall, within 60 days of receiving such application,
approve, approve with conditions, or disapprove the application, and
shall report its decision to the Town Board.
(5)
If the application is approved, or approved with conditions,
the Planning Board shall set a date for a public hearing in regard
to the granting of a special use permit, and a notice of such hearing
shall be published in the Town's official newspaper no earlier
than 20 days and no later than 10 days before the date of such public
hearing. No affirmative action may be taken on any application that
is disapproved by the Planning Board. At the time of the public hearing,
the applicant must present to the Planning Board an affidavit certifying
that written notice of the public hearing was given by the applicant
to all owners of real property, as shown on the latest completed assessment
roll, within 500 feet of the premises for which a permit is sought.
Such notice must be given no earlier than 20 days and no less than
10 days before the date of such public hearing.
(6)
The Planning Board shall not issue a special use permit for
a cluster residential development or a planned unit residential development
unless:
(a)
The terms of such permit are consistent with the approval or
approval with conditions;
(b)
The Planning Board finds the application to be consistent with
the standards for either a cluster residential development or planned
unit residential development as set forth in this article; and
(c)
The application conforms with all provisions for the district
in which said use is to be permitted exclusive of those which may
be varied by the terms of this article.
C.
Overlapping districts. In the event cluster or planned unit development
is proposed on a tract or parcel of land under the requirements and
regulations of two applicable zoning districts, the requirements of
the most-restrictive district shall prevail.
D.
Cluster residential development.
(1)
Any owner of not less than five contiguous acres of land located
in a district permitting cluster residential development may request,
in writing to the Code Enforcement Officer, that the regulations of
cluster residential development apply to his property.
(2)
Uses permitted shall be uses permitted in the district in which
the cluster residential development is located.
(3)
The regulations of the district in which the cluster residential
development is located shall be observed and maintained, with the
following exceptions:
(a)
The minimum lot area as established in the district in which
the cluster residential development is located may be reduced by 20%.
(b)
The minimum lot width at the building line may be reduced by
10%.
(c)
The minimum front yard may be reduced to not less than 35 feet.
(d)
The minimum rear yard may be reduced by not more than five feet
where the lot abuts common open space land.
(e)
The maximum lot coverage shall be increased by no more than
5% of the resulting lot area.
(f)
The minimum side yards may be reduced by not more than 20 feet
per side.
(g)
All lots within the planned residential area shall face and
be serviced by existing or new streets constructed within the planned
residential site boundaries but shall not face on collector or arterial
types of streets.
(h)
Open space land shall be set aside for the common use and enjoyment
of all residents in the cluster residential development. In general,
the land set aside for permanent open space shall be the area differential
between the regulations and requirements of the district and this
section of the chapter. Access to the open space lands must be convenient
to all residents.
E.
Planned unit residential development.
(1)
Any owner of not less than 10 contiguous acres of land in a
district permitting planned unit residential development may request,
in writing to the Code Enforcement Officer, that the regulations of
planned unit residential development apply to his property.
(2)
The following uses are permitted in a planned unit residential
development:
(a)
Single-family detached residences, excluding mobile homes.
(b)
Two-family residences.
(c)
Multifamily residences, including townhouses and apartment houses.
(d)
Open space designed primarily for the benefit of the residents
of the planned unit residential development.
(e)
Public and semipublic uses.
(f)
Essential services.
(g)
Uses accessory to the above, with the exception that home occupations
are not permitted.
(3)
Within a planned unit residential development, the following
percentage of the total land area shall be devoted to the specified
uses:
(a)
A maximum of 80% for the residential uses and other uses permitted,
excluding the common and public open space and the spaces devoted
to streets and parking within and exclusively servicing such open
space or recreation use. Said maximum shall include all the recreational,
playground and athletic activity areas which are part of a school's
site.
(b)
A minimum of 20% for common or public open space. This area
shall include space devoted to streets and parking, provided such
facilities are within and service exclusively the open space area.
(4)
Within the planned unit residential developments, the following
regulations shall apply:
(a)
The overall density of the land within the planned unit residential
development shall not exceed dwelling units per acre as stated under
the regulations for the district in which the development is located.
(b)
Areas designated for multifamily residences shall be developed
at a density not to exceed 18 dwelling units per acre.
(c)
In residential areas, streets shall be designed so as to discourage
through traffic.
(d)
Open space land shall be set aside for the common use and enjoyment
of all residents of the area. Open space must be designed so that
access to the open space lands must be convenient to all residents
of the planned unit development.
(e)
No building shall exceed 50 feet in height in residential areas.
(f)
The minimum front yard requirement shall be 35 feet for the
multifamily residences and 35 feet for all other types of residences.
(g)
Residential buildings shall be designed so as to avoid monotonous
patterns of construction or repetitive spaces or modules between buildings.
(5)
Additional requirements that apply to townhouses and apartment
houses:
(a)
There shall be no continuous group of two houses consisting
of more than seven dwelling units.
(b)
For the purpose of avoiding developments resembling what have
been customarily referred to as "row houses," there shall be within
any continuous group of townhouses at least three different architectural
plans having substantially different designs, building materials and
exterior elevations. In addition, no more than three continuous townhouses
shall have the same front setback, and the variations in front setbacks
shall be at least four feet.
(c)
The length of the apartment house shall not exceed four times
its width.
