Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
A. 
Application. Any application for a building permit or a certificate of occupancy for a special permit use shall be submitted to the Town Board for special consideration and approval before such permit or certificate is issued. Such application shall be accompanied by a survey map showing contours, other natural features and existing development on the adjacent site or sites and also on all adjacent premises, and a proposed development plan showing all proposed structures, uses, drives, parking areas, computation of unoccupied area, utility and lighting installations and landscaping. The application shall be submitted by the owner of the property.
[Amended 10-7-1992]
B. 
Referral to Planning Board. The Town Board shall refer every such application, survey map and proposed plan to the Planning Board for its recommendation thereon.
C. 
Action by planning board. The Planning Board shall approve, approve with modifications or disapprove such application and shall report its decision within 60 days to the Town Board, stating its reasons based on the following:
(1) 
The relation of the proposed project to the long range or comprehensive plan of development of the town.
(2) 
The need for the proposed project at the present time.
(3) 
The compatibility of the proposed project with adjoining land uses and with other proposed development, having particular reference to its probable effect on the value of other land and to the adequacy of features intended to promote public safety and the general purposes of this chapter.
(4) 
The orderly flow of traffic or effect on normal traffic patterns and satisfactory methods of ingress and egress.
(5) 
The design and suitable location of parking facilities.
(6) 
The use of landscaping for screening purposes.
(7) 
The intelligent design of free areas for recreational use.
(8) 
The nearness and impact on schools and other public utilities.
(9) 
The health and safety of the residents or workers on adjacent properties and in the general neighborhood.
[Added 10-7-1992[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection C(9) as C(11).
(10) 
Lot areas, type of construction, fire hazards, offensive odors, smoke, fumes, noise and light.
[Added 10-7-1992]
(11) 
Other pertinent requirements of this chapter.
D. 
Action by Town Board. Prior to granting a special permit in the case of any special exception use permitted by this chapter, the Town Board shall conduct a public hearing in relation thereto, at which time all interested parties shall have an opportunity to be heard. At least 10 days' notice of the time and place of such hearing shall be published in a paper having general circulation in the town. Subsequent to granting a special permit in any zone, the application for a building permit or certificate of occupancy shall be subject to the provisions of § 144-44, Applications for building permits and certificates of occupancy in B, I-1 or D-R Zones.
[Amended 3-4-1992]
E. 
Notices for special exception uses. Notice of the application for special exception use pursuant to this section shall be provided to all owners of property within 500 feet of the nearest line of the property for which the special exception use is sought and to such other owners as the Chairman of the Planning Board may direct. Notices to owners of the property abutting the property for which the special exception use is sought shall be sent via first class mail.
[Amended 10-7-1992]
F. 
Special exception use regulations. Any parcel of land which is granted a special exception use shall be subject to and regulated by the zoning ordinances which apply to the permitted uses of the zone in which the special exception is located.
[Added 3-4-1992]
G. 
Special permit expiration. A permit for a special exception use granted by the Town Board shall be deemed to authorize only one particular use and shall have expired unless a building permit shall have been issued within 30 months after the Town Board has granted a special permit.
[Added 10-7-1992]
[Amended 7-15-1987]
A. 
Commercial site plan review. Any application for a building permit or certificate of occupancy in any B, I-1 or D-R Zones shall be submitted to the Town Board for special consideration and approved before such permit or certificate is issued. The Town Board shall refer every such application to the Town Planning Board, the Conservation Board and the Town Engineer for recommendation thereon.
[Amended 1-18-1989; 5-17-1989]
B. 
Site plan specification.
(1) 
Application for any commercial building, structure or group of structures shall require the submission of a site development plan to the Planning Board and to the Conservation Board. Said plan or plans as submitted are required to show contours, other natural features, all structures, existing and proposed roadways, walkways, parking areas, driveways, utility and exterior lighting installations, signage and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries and any other elements as may be deemed essential by the Planning Board or the Conservation Board.
[Amended 1-2-1991]
(2) 
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 119B and Article XII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved site plan shall be consistent with the provisions of Chapter 119B and Article XII of this chapter.
[Added 6-20-2007 by L.L. No. 3-2007]
C. 
General standards. The Town Conservation Board shall approve, approve with modifications or disapprove the landscape plan submitted with such application and shall report its decision to the Town Board based upon the following:
[Amended 1-18-1989; 9-21-1994]
(1) 
Landscape plan.
(a) 
Requirements.
[Amended 3-17-1999; 5-7-2008 by L.L. No. 4-2008; 4-27-2011 by L.L. No. 1-2011]
[1] 
In the case of an application for a building permit or certificate of occupancy pertaining to the erection or construction of an independent structure, unattached to an existing structure, the landscaping plan shall be prepared and certified by a New York State-licensed landscape architect. A minimum of 20% of the total site shall be landscaped open space. Any revised plans submitted to the Conservation Board shall have the revisions color coded or clouded and provide a written narrative of the changes.
[Amended 8-16-2017 by L.L. No. 5-2017]
[2] 
The owner shall deposit with the Town Clerk a certified check amounting to 50% of the cost of completion of all landscaping as set forth in the landscaping plan approved by the Planning Board and as shown on the landscaping value estimation form. Three years after the final certificate of occupancy is issued, the owner shall submit the landscape certificate of compliance and landscape completion forms to request a review of the installed landscape for completeness and return of the landscaping deposit. If by five years after the final certificate of occupancy has occurred the owner has not complied with the required landscaping or requested the deposit to be returned, the deposit should be forfeited to the Town of Orchard Park and deposited in the dedicated Tree Vegetation Account.
[Amended 4-18-2018 by L.L. No. 5-2018]
[3] 
Upon the completion of the installation of the landscape materials, the owner shall provide, on a form supplied by the Town of Orchard Park, an affirmation from a licensed landscape architect that the plant materials specified on the landscape plan have been installed in accordance with approved plans and specifications. All plant material must be tagged with the correct botanical names at the time of the landscape architect's certification.
[Amended 5-25-2011 by L.L. No. 2-2011]
[4] 
Tags with Latin and English names on all newly installed plants shall be left on the plant until the landscape architect certifies the installation.
(b) 
All plant materials installed pursuant to a landscape plan shall meet the following minimum specifications:
[1] 
Major deciduous trees, such as oak, maple and linden, must have a minimum trunk diameter of two to 2 1/2 inches as measured six inches from the ground.
[2] 
Major evergreen trees, such as Austrian pine, spruce and fir, must be a minimum of five feet in height, measured from the ground to the highest point of the tree.
[3] 
Minor trees, such as flowering crab, dogwood and flowering cherry, must have trunks which are 1 1/2 inches in diameter measured six inches from the ground.
(c) 
Each landscape plan must contain the following varieties of trees:
[1] 
Fifty percent major deciduous.
[2] 
Twenty-five percent evergreen.
[3] 
Twenty-five percent minor trees.
(d) 
Each landscape plan must contain at least one tree. Each landscape plan must contain at least one tree per 1,000 square feet of green area.
[Amended 3-17-1999]
(e) 
Existing trees.
[1] 
All existing trees over six inches in caliper measured four feet from the ground shall be located and identified by species on the landscape plan.
[2] 
All existing trees and vegetation that are to be preserved shall be protected with fencing during construction. The fencing shall be at least 10 feet from and surrounding the existing trees and vegetation that are to be preserved.
(f) 
All developers of multiple dwellings, apartments, townhouses or condominiums and commercial property shall obtain the name of the appropriate street trees from the Town Shade Tree Plan[1] and be required to plant the appropriate street trees in accordance with the present Landscape Ordinance,[2] including the species of tree, the size of the tree and all other requirements of § 144-44C of this chapter.
[1]
Editor's Note: The Town Shade Tree Plan is on file in the office of the Planning Coordinator.
[2]
Editor's Note: The present Landscape Ordinance is contained in this section and § 144-29A(6).
(g) 
The landscape architect shall provide a statement to the Conservation Board estimating the cost of completing the landscape plan. The landscape architect shall provide a statement to the Conservation Board indicating the number of square feet contained in the green area set forth in the landscape plan.
(2) 
The proposed development shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding areas.
(3) 
The proposed development shall be planned to harmonize with all existing and/or proposed development in the area surrounding the project site.
(4) 
Financing is available to the applicant on conditions and in an amount which is sufficient to assure the completion of the planned development.
(5) 
A lighting plan shall be submitted detailing the site's photo metrics levels, and the fixture design details. All lights shall be full cut-off fixtures and dark sky compliant. The maximum mounting height shall be 25 feet above the established grade unless adjacent to a residential zone, then the limit shall be 15 feet.
[Added 8-16-2017 by L.L. No. 9-2017]
D. 
The Town Planning Board shall approve, approve with modifications or disapprove such application and shall report its decision to the Town Board stating its reason based upon:
[Amended 1-18-1989]
(1) 
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and roadways.
(2) 
Individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.
(3) 
All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible.
(4) 
All buildings shall be arranged so as to be accessible to emergency vehicles.
E. 
Landscape design standards. Landscape design standards shall be as follows:
(1) 
Landscape treatment for plazas, roads, walks, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire development.
(2) 
Primary landscape treatment shall consist of shrubs, ground cover and trees and shall be combined with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.
(3) 
Whenever appropriate, existing trees shall be retained and integrated into the landscape design.
F. 
Circulation system design standards. Circulation system design standards shall be as follows:
(1) 
Where a commercial development abuts or contains an existing or proposed expressway or major arterial street or railroad right-of-way, the Planning Board may require the separation of local and through traffic. This shall be achieved by one of the following means:
(a) 
A marginal access street, separated from the arterial street by a planting strip.
(b) 
Reverse frontage lots, with lots fronting on an interior local street and having nonaccess reservation along the rear property line.
(2) 
All proposed site traffic accessways shall be adequate but not excessive in number, adequate in grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.
(3) 
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces.
(4) 
Roads, public or private, pedestrian walks and open space shall be designed as an integral part of the overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped. Such roads, public or private, shall meet Town specifications and standards except private roads shall have a minimum asphaltic paved width of 21 feet plus thirty-inch-wide Town standard concrete gutters on each side.
[Amended 9-3-2008 by L.L. No. 5-2008]
(5) 
There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped spaces in order to discourage pedestrian use of vehicular ways and parking and loading spaces from general vehicular circulation facilities.
(6) 
Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(7) 
Landscaped, paved and comfortably graded pedestrian walks shall be provided along lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.
(8) 
The location and design of pedestrian walks should emphasize desirable views of new and existing development in the area.
(9) 
The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes.
(10) 
Materials and design of paving, lighting fixtures, retaining walls, bulkheads, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.
G. 
Parking and loading design standards. Requirements for parking and loading facilities shall be as follows:
(1) 
Parking and loading facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and the monotony of parked vehicles.
(2) 
Pedestrian connections between parking areas and buildings shall be via special pedestrian walkways.
(3) 
Parking facilities shall be designed with careful regard to arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.
(4) 
Any above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.
H. 
Perimeter control. If topographical or other barriers do not provide adequate privacy for existing uses adjacent to the proposed development, the following shall be required:
(1) 
Structures located on the perimeter of the proposed development shall be permanently screened in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses.
I. 
Drainage. Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Town of Orchard Park shall be required. On-site management of surface drainage shall be planned so that there shall be no greater runoff during and following construction than prior to commencement of construction. Lawn and yard areas shall be adequately drained to permit normal use and maintenance.
J. 
Finding of the Planning Board; finding of the Conservation Board; action by the Town Board. Before approving the site plan, the Planning Board shall make findings with respect to all of the above that are applicable. The Conservation Board shall make findings with respect to the proposed landscape plan. The Town Board, on receipt of the Planning Board's recommendations and the Conservation Board's recommendations, shall approve or disapprove the application or shall request the submittal of revised or more detailed plans and specifications. If the application is approved, building and occupancy permits may be obtained, but only for the development and use approved by the Town Board in accordance with the specifications and plans filed with and approved by the Town Board and with any further conditions imposed by the Town Board as to operation.
[Amended 1-18-1989]
K. 
Upon receipt of final approval from the Town Board, construction of any structures which are the subject of this article shall commence no later than one year after the date of approval. In the event that construction is not commenced within one year after the date of approval, the Town Board and the Planning Board may require that the review procedures set forth in this article be repeated.
[Added 8-6-1997]
L. 
Prohibited development. No development of land, including excavation, clearing of brush or laying out of roads, shall be undertaken without fully complying with the requirements of this chapter.
[Added 3-17-1999]
M. 
Relationship of business and industrial uses to residential and agricultural districts shall be modified as follows:
[Added 5-25-2011 by L.L. No. 2-2011]
(1) 
Site plans for business and industrial uses adjacent to a residential or agricultural district shall be reviewed with regard to the impact of the development on that district. The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the business or industrial use does not interfere with the quiet enjoyment of neighboring residential or agricultural property within a residential or agricultural district.
(2) 
Buildings and parking areas proposed or business and industrial uses, including uses on property in the business or industrial districts where such property is adjacent to a residential or agricultural district, shall be required to meet the setback requirements of the residential district.
(3) 
The additional setbacks are intended to provide a visual and noise buffer between residential, agricultural and nonresidential uses. The additional setback, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to provide, as much as practicable, a visual screen of the nonresidential improvements from the residential uses. Species type, location and planted height of such landscaping shall be subject to the recommendation of the Conservation Board and the Planning Board and the approval of the Town Board.
(4) 
This subsection shall be subject to all requirements of § 144-44C, entitled General standards. § 144-44C is repeated herein by reference as if it were fully set forth herein.
[1]
Editor's Note: Former § 144-45, Cluster Development, was repealed 2-16-2000.
A. 
Site plan review. An application for a building permit or certificate of occupancy for a multiple dwelling or townhouse shall be submitted to the Town Planning Board and approved before such permit or certificate is issued. The Town Planning Board shall refer every such application to the Conservation Board for recommendation thereon.
[Amended 5-17-1989]
B. 
Site plan specification. Application for any multiple dwelling or townhouse shall require the submission of a site development plan to the Town Planning Board. The Town Planning Board shall refer every such application and development plan to the Conservation Board for recommendation thereon. Said plan or plans are required to show the following:
[Amended 5-17-1989]
(1) 
Present elevations at five-foot intervals.
(2) 
Proposed elevations at five-foot intervals.
(3) 
Present and proposed structures.
(4) 
Roadways, pathways and parking areas.
(5) 
Recreation areas.
(6) 
Utilities and lighting.
(7) 
Landscaping. At least 15% of the total site shall be landscaped open space.
(8) 
Proposed storm drainage classification of streams.
(9) 
All usages and structures within 500 feet.
(10) 
Plans and elevations of proposed multiple dwellings.
(11) 
Phases of construction.
(12) 
Financial backing.
(13) 
Copies of all items listed shall be provided to the Town Engineer for approval and his recommendations where necessary.
(14) 
The owner shall deposit with the Town Clerk landscape completion security in accordance with § 144-44C(1)(a)[1][a] and [b], [c] and [d], Landscape plan; requirements.
[Amended 3-17-1999]
(a) 
All plant materials installed pursuant to a landscape plan shall meet the following minimum specifications:
[1] 
Major deciduous trees, such as oak, maple and linden, must have a minimum trunk diameter of two to 2 1/2 inches as measured six inches from the ground.
[2] 
Major evergreen trees, such as Austrian pine, spruce and fir, must be a minimum of five feet in height, measured from the ground to the highest point of the tree.
[3] 
Minor trees, such as flowering crab, dogwood and flowering cherry, must have trunks which are 1 1/2 inches in diameter measured six inches from the ground.
(b) 
Each landscape plan must contain the following varieties of trees:
[1] 
Fifty percent major deciduous.
[2] 
Twenty-five percent evergreen.
[3] 
Twenty-five percent minor trees.
(c) 
Each landscape plan must contain at least one tree. Each landscape plan must contain at least one tree per 1,000 square feet of green area.
(d) 
Existing trees. All existing trees over nine inches in caliper, measured four feet from the ground, shall be located and identified by species on the landscape plan.
(15) 
Proposed plans for homeowners' association or condominium ownership for review by the Town Attorney. A homeowners' association shall be required in all townhouse or multiple dwelling developments when individual living units are owned by different persons or entities.
(16) 
In the case of alterations, application for building permits or certificates of occupancy pertaining to structural or other alterations to multiple dwelling units or townhouses presently existing, only such of the foregoing requirements shall apply as in the discretion of the Planning Board shall be necessary or advisable and tending toward the most appropriate use of the land.
C. 
General standards.
(1) 
Traffic access. Site traffic accessways shall be adequate in number, grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly.
(2) 
Circulation system. The interior circulation system shall be adequate. Roads deeded to the Town and private roads shall meet Town specifications and standards. Private roads shall have a minimum asphaltic paved width of 21 feet plus thirty-inch Town standard concrete gutters on each side.
[Amended 9-3-2008 by L.L. No. 5-2008]
(3) 
Parking shall comply with the provisions of § 144-29, Automotive facilities; parking.
[Amended 11-20-1991; 10-7-1992]
(4) 
Arrangement of buildings.
(a) 
No building shall be closer than 60 feet to another building or 50 feet to the right-of-way of an access road.
(b) 
No driveway or parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building. This shall not apply to garages or carports attached to the main structure.
(c) 
Individual buildings should be related to each other in design, mass, material, placement and connection to provide a visually and physically integrated development.
(d) 
All buildings shall be arranged so as to be accessible to emergency vehicles.
(5) 
Proper landscaping.
(a) 
Whenever appropriate and possible, existing trees shall be retained and integrated into the landscape design.
(b) 
Where necessary, buffer or screen planting may be required. Such screening shall conform to § 144-25.
(c) 
Exclusive of screening needs, there shall be a minimum of one tree planted per dwelling unit as an integral part of a coordinated landscape design for the entire development.
(d) 
No building permits shall be issued for any building or buildings unless the landscaping has been completed for the previous phase. In the case of the last phase or one-phase development, the certificate of occupancy for the last. 16 dwelling units shall not be issued until the landscaping is complete.
(6) 
Drainage.
(a) 
No modification of existing stream channels, filling of lands with above-moderate susceptibility to erosion or excavation for and construction of site improvements shall begin until the developer has received site plan review approval. Failure to comply shall be construed as a violation of this chapter, and, where necessary, the site plan review approval may require the modification or removal of unapproved site improvements.
(b) 
A map or maps of present site conditions, including streams or watercourses, together with their classification under the State Stream Protection Law shall be submitted, showing areas susceptible to erosion, flooding or ponding.
(c) 
A description of a drainage plan, approved by the Town Engineer, so as to minimize any increase in runoff flow resulting from the development shall be submitted.
(d) 
Areas denoted as floodplains shall be submitted. These areas should be kept free of structures and, if necessary, should be conveyed to the town.
(e) 
Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Town of Orchard Park shall be required. On-site management of surface drainage shall be planned so that there shall be no greater runoff during and following construction than prior to commencement of construction. Lawn and yard areas shall be adequately drained to permit normal use and maintenance.
(f) 
Stormwater control design shall be in compliance with all provisions of Chapter 144, Article XII (Stormwater Control), of the Town Code.
[Added 4-27-2011 by L.L. No. 1-2011]
(g) 
Stormwater system design shall also be in compliance with all NYSDEC Phase II stormwater regulation requirements except where the Town requirements are more restrictive.
[Added 4-27-2011 by L.L. No. 1-2011]
(h) 
Detention/retention basins shall be designed to contain the one-year, ten-year, twenty-five-year, fifty-five-year and one-hundred-year twenty-four-hour design storms with post-development peak rates of runoff, while restricting the outflow to a rate equal to the one-year, ten-year, twenty-five-year, fifty-year and the one-hundred-year twenty-four-hour design storms for pre-development peak rates of runoff, respectively. The retention/detention ponds shall also include an auxiliary emergency spillway to direct stormwater to a positive outlet in the event of an overflow.
[Added 4-27-2011 by L.L. No. 1-2011]
(7) 
Staging or phasing of the project. A clear indication shall be given of how the phasing of the project is to proceed.
(a) 
Approximate date of start and completion of each phase.
(b) 
Structures, roadways, landscaping, recreation areas, etc., to be included in each phase.
(8) 
Ownership. An application must be filed by the owner or jointly by the owners of all property included in a project. In the case of multiple ownership at the time of application or later, the approved site plan shall be binding on all owners.
(9) 
Miscellaneous.
(a) 
Garbage pickup areas shall comply with the provisions of § 144-25, General screening regulations.
[Amended 10-7-1992]
(b) 
Any sign will comply with the Sign Ordinance.
(c) 
Recreation space and possible use must be shown. Location of tennis courts, recreation buildings, swimming pools and walkways should be planned so as to service the residents.
(10) 
Number of units per building. There shall be no more than eight units per building, unless specifically approved by the Town Planning Board.
(11) 
Sanitary sewer remediation.
[Added 4-27-2011 by L.L. No. 1-2011]
(a) 
Sanitary sewer infiltration/inflow (I/I) removal (remediation) is required for all projects as per the Erie County Division of Sewage Management requirements.
(b) 
All remediation shall be performed within the Town of Orchard Park sewer district.
(c) 
The remedial work must be completed prior to the project's final acceptance, dedication and/or issuance of a certificate of occupancy.
(12) 
A lighting plan shall be submitted detailing the site's photo metrics levels, and the fixture design details. All lights shall be full cut-off fixtures and dark sky compliant. The maximum mounting height shall be 15 feet above the established grade.
[Added 8-16-2017 by L.L. No. 10-2017]
D. 
Public hearing. The Town Planning Board shall hold a public hearing, which shall be advertised at least once in a newspaper of general circulation in the town at least five days before such hearing.
[Added 12-18-1991]
E. 
Findings of the Town Planning Board. The Town Planning Board shall approve or disapprove the application or shall request the submittal of revised or more-detailed plans and specifications. The Planning Board may require a second public hearing prior to final approval when it deems such a hearing necessary or advisable to obtain additional public comment or to consider revisions or modifications to the site plan.
[Amended 5-17-1989; 12-18-1991]
F. 
Conditions of approval. No building permit shall be issued by the Building Inspector for any stage of development or for a one-stage development, as approved in the site plan review, until the required public improvements are constructed and dedicated to the Town of Orchard Park (each stage of development may, however, be phased, in which event building permits would be issued only for structures to be constructed on dedicated roads and in relation and proportion to the percentage of public or private roads or other public improvements required for the particular stage already completed and dedicated) and until all prior stages, if any, have been completed as determined by the Town Planning Board upon recommendation of the Building Inspector and Town Engineer.
[Amended 5-17-1989; 12-18-1991]
[Added 11-15-1995]
A. 
Statement of intent and objectives.
(1) 
It is the intent of this section to regulate the construction of senior residential apartments and encourage the construction of affordable senior citizen housing. Housing specifically designed for an aging population is a desirable need within the community; it is equally important to encourage the construction of new senior housing and maintain and safeguard community ambiance, character and environmental quality. To achieve those objectives requires development standards and criteria tailored to the needs of senior citizen's lifestyle.
(2) 
The Senior Residential District (SR) is specifically created to encourage the development of affordable elderly apartment units to meet the ever-growing demand to house elderly people in a quality environment; efficient and cost-effective use of land is a driving force behind achieving that objective. By crafting and adopting land use and site standards that facilitate new elderly housing and protect the environment and provide quality housing in harmony with the community, the town will continue to serve and protect all residents. This section recognizes that while standard zoning criteria are important to the protection of the community as a whole, in the instance of elderly housing developments standards can be tailored to meet the special conditions, uses and demands required of an elderly population without compromising the integrity of this zoning section. This section protects the community through the adoption of standards and regulations that encourage elderly residential development, while protecting health, safety and general welfare of the entire community.
(3) 
The Town Board, with the advice and assistance of the Planning Board, may assign the SR designation in areas of Town currently zoned R-3 and R-4.
[Amended 5-25-2011 by L.L. No. 2-2011]
B. 
Permitted uses in the SR District.
(1) 
The housing of persons 60 years of age and older or in a conjugal relationship where one person is 60 years of age or more or handicapped persons below 60 years of age in a residential complex shall be permitted. Said persons must be able to live without special medical and/or special supervisory care.
(2) 
Supplemental service and activity space for tenants of the housing complex shall be provided as follows:
Number of Units
Minimum Activity Space
(square feet)
1 to 20
400
21 to 50
650
51 to 80
800
81 to 99
1,200
Over 100
10 per unit
C. 
Required lot size. Unless otherwise provided, the minimum lot size shall be as specified in this subsection.
(1) 
Lot width: 100 feet minimum.
(2) 
Lot areas. Lot areas shall be determined by the number and size of units in the senior citizen housing complex respecting the following:
Unit Size
(square feet)
Lot Area
(square feet per unit)
780 or less
3,600
781 or more
5,000
D. 
Required open space. Unless otherwise provided, the minimum required open spaces shall be as specified in this subsection.
(1) 
Front yard: 50 feet.
(2) 
Side yards (two required).
(a) 
Dwelling up to 35 feet in height. The minimum width of any side yard shall be 30 feet; the total of both side yards shall not be less than 70 feet.
(b) 
Emergency vehicle access. A perimeter road around the building will be provided for emergency vehicles. Said road will be a minimum of 16 feet wide, hard surface and shall be restricted from parking thereon. Furthermore, parking will be restricted between the building and the perimeter road. The perimeter road will be designated as a fire lane.
(c) 
Other than principal buildings. Each side yard shall equal 15 feet or a distance equal to 1/2 the height of the principal building, whichever is greater.
(3) 
Rear yard: equal to 15% of the lot depth but shall not be less than 50 feet.
(4) 
Open space between principal buildings on a single lot. No vertical wall of the principal building shall be nearer to a vertical wall of any other principal building than 30 feet or a distance equal to the average height of such vertical walls measured from an adjoining finished grade, whichever is greater.
(5) 
Recreation open space. A minimum of 25 square feet per unit shall be provided and designated as open space for social or recreational purposes.
E. 
Maximum height of buildings. The height of a building at any point shall be 35 feet.
F. 
Senior citizen housing conditions of approval. Standards and procedure for approval of senior citizen housing not covered by regulations herein shall be governed by the procedures set forth in § 144-46 (Multiple dwellings and townhouses) of this chapter.
G. 
Parking. There shall be 3/4 of a parking space provided for each dwelling unit. One visitor parking space shall be provided for every 10 units. A parking space shall contain a minimum of 200 square feet exclusive of driveways or aisles. A parking space adjacent to the main entrance of the apartment complex shall be reserved for emergency vehicles.
H. 
Approved senior residential apartment complexes shall have backup generators with capacity to power the facility in the event of a power shortage or blackout.
[Added 4-27-2011 by L.L. No. 1-2011]
[Added 11-16-2011 by L.L. No. 4-2011]
A. 
Statement of intent and objectives.
(1) 
It is the intent of this section to regulate the construction of residential apartments in R-3 and R-4 Multiple Dwellings for full-time students matriculated at an accredited college or university. Housing specifically designed for students is a desirable need within the community; it is equally important to maintain and safeguard community ambiance, character and environmental quality.
(2) 
This section recognizes that while standard zoning criteria are important to the protection of the community as a whole, in the instance of collegiate housing developments, standards can be tailored to meet the special conditions and uses. This section protects the community through the adoption of standards and regulations that encourage collegian residential development while protecting health, safety and general welfare of the entire community.
(3) 
It is the specific intent of this section to provide the Town of Orchard Park with the flexibility to designate property with the CR designation. The Town Board, with the advice and assistance of the Planning Board, may assign the CR designation in areas of the town currently zoned R-3 or R-4 within 1,000 feet of the main campus of an accredited college or university.
B. 
Permitted uses in CR District.
(1) 
The housing of full-time matriculated students at an accredited college or university or a college or university that is a member of the State University System of New York (SUNY). The housing development shall have a written contractual relationship with the accredited college or university to regulate the residents to those attending their educational institute.
C. 
Lot regulations.
(1) 
Lot size, set backs, coverage shall be per the R-3 or R-4 requirements in which the CR district is.
(2) 
Emergency vehicle access. A perimeter road around the building shall be provided for emergency vehicles. Said road shall be a minimum of 16 feet wide, hard surface and restricted from parking thereon. Furthermore, parking shall be restricted between the building and the perimeter road. The perimeter road shall be designated as a fire lane.
(3) 
At least one ingress and egress shall be located on a public highway.
D. 
Maximum number of stories shall be three.
E. 
Maximum height of buildings. The maximum mean building height shall be 40 feet.
F. 
Lot density. Based on a review of the site plan which meets the required set backs and details required by this section, the Planning Board shall recommend the appropriate number of units to the Town Board for its consideration and adoption for the specific project.
G. 
Parking. There shall be 3/4 parking space provided for each bedroom in the apartment. One visitor parking shall be provided for every 10 units.
H. 
Collegiate housing conditions or approval. Standards and procedure for approval of collegian housing not covered by regulations herein shall be covered by the procedures set forth in § 144-46, Multiple dwellings and townhouses, of this chapter.