The purpose of this article shall be to regulate the construction
or conversion of existing structures to multiple dwellings to ensure
that the health, safety and welfare of the citizens of the Town of
Elma shall be protected and promoted in the general area of controlled
growth, planning and in accordance with the intent of the Comprehensive
Planning of the Town of Elma, New York, and in order to maintain the
rural atmosphere and character of the Town. These regulations supplement
the requirements of the zoning overlays which allow multiple dwellings.
In determining whether or not to approve or recommend the approval
or disapproval of a proposed multiple-dwellings project or development,
the Planning Board and the Town Board shall take into consideration
the following factors and/or guidelines:
A. The entire property proposed for the multiple-dwellings project shall
be included in one drainage district.
B. Individual floor space size. Minimum habitable floor area per dwelling
unit for a single-story dwelling unit shall be 650 square feet, and
for a two-story dwelling unit, the first-floor minimum habitable floor
area shall be 500 square feet with a combined habitable floor area
of 800 square feet. No part of the habitable floor area shall be below
grade level.
C. Recreation and green space. The multiple-dwellings project must reserve
adequate green space within the project. There shall be provided on
the site of each multiple-dwellings development an area or areas devoted
to the joint or common recreational use by the residents thereof.
Such recreational space shall consist of not less than 500 square
feet of space per dwelling unit. Each such recreational space shall
be developed for passive and active purposes and shall include facilities
normally attendant thereto. Where appropriate, open space shall be
located on the property.
D. The water supply shall be of a type and in a location in compliance
with the standards of the Elma Water Department and shall be approved
by the Water Superintendent. All water systems will be constructed with the intent
that the system shall be taken over by the Town of Elma. Such takeover
by the Town, however, shall not be without the recommendation of the
Town Water Superintendent that the system is operating properly and
meets all current local, state and federal standards.
E. Adequate provisions must be made for the collection and disposal
of stormwater runoff (in accordance with New York State and Town of
Elma requirements) from the site and for disposal of refuse or other
waste whether liquid, solid, gaseous or other character.
F. Sewers. Any plans for sewer or sewerage systems must be recommended
by the Town Engineer prior to approval of the project. In addition
to being approved by the Erie County Department of Health, all sewers,
sewer systems and sewer plants will be constructed with the intent
that the system shall be taken over by the Town of Elma. Such takeover
by the Town, however, shall not be without the recommendation of the
Town Engineer that the system is operating properly and meets all
current local, state and federal standards. Any sewage treatment plants
or facilities must be totally enclosed in a structure.
G. Roads. To provide adequate access, all roads shall:
(1)
Have a right-of-way width of no less than 60 feet.
(2)
Have a paved road width of no less than 30 feet.
(3)
Standards. All roads shall be built to Town road standards regardless
of whether or not it is to be accepted as a public road. A recommendation
by the Highway Superintendent and appropriate fire company shall be
required prior to the approval of any project.
(a)
Adequate provisions must be made for emergency conditions.
(b)
If the planned road is to be a dead end, then a turnaround adequate
for fire, police, ambulance and plow service shall be constructed.
(c)
All proposed curb cuts must be approved by the Highway Superintendent
so as to minimize the number necessary into existing streets or roads.
H. Parking requirements.
(1)
A minimum of two paved parking spaces shall be provided for
each dwelling unit, one of which shall be completely enclosed and
covered.
(2)
There must be included in the project the dedication of reserved
parking spaces for guests of the residents of the multiple-dwellings
project in addition to parking facilities for the residents. There
must be at least one additional parking spot for every two bedrooms
or any fraction above two bedrooms. Appropriate screening shall be
provided so as to prevent glare from headlights.
(3)
The parking spaces, including the guest parking, shall be no
more than 150 feet from the door of the multiple-dwelling unit it
is intended to serve.
(4)
There must be adequate off-street parking as required by the
provisions of this chapter, and the layout of the spaces and driveways
must be convenient and conducive to safe operation.
I. Access facilities are adequate for the estimated traffic so as to
assure the public safety in relation to the general character of the
neighborhood and other existing or permitted uses within it and so
as to avoid congestion. Vehicular entrances and exits shall be clearly
visible from the street and not be within 75 feet of the intersection
of existing street lines at a street intersection except under unusual
circumstances.
J. Adequate buffer yards, landscaping, walls, fences and screening are
provided where necessary to protect adjacent properties and land uses.
Debris collection areas shall be fenced or otherwise adequately enclosed
to minimize disturbance, unsightliness and potential health concerns.
Depending upon the location and nature of the multiple-dwellings project,
it may be necessary, desirable or required that screening and/or berms
or other buffers or screens be created or developed so as to retain
the quiet atmosphere of the Town.
K. Existing municipal services and facilities are adequate to provide
for the needs of the proposed use.
L. Utility service. All electrical and telephone lines in any multiple-dwellings
development shall be placed underground, and all units must be provided
with separate utilities or independently serviced by separate heating,
water, sewer, electricity, gas and/or other facility or utility services
where the same are provided, unless a hardship or other special circumstances
are demonstrated, at which point the Town Board, after review, may
waive such requirement.
M. The proposed use recognizes and provides for further special conditions
and safeguards required for particular uses as may be determined by
the Town Board and/or Planning Board.
N. Converted multiple-dwellings. The standards for converted multiple-dwellings
shall be the same as for new construction. However, the Town Board
may approve a project for said conversion when certain items required
are considered to be grandfathered prior to the enactment of this
article. Any and all exceptions and grandfathered requirements will
be determined by the Town Board in its approval, modification or rejection
of the project. When the property to be converted for multiple-dwelling
use is historically, culturally or architecturally significant, the
conversion should be guided by the Secretary of the Interior's Standards
for Rehabilitation of Historic Properties.