Town of LeRay, NY
Jefferson County
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Table of Contents
Table of Contents

§ 158-58 Applicability.

Unless stated otherwise, the regulations contained in Article X shall apply to all uses in all districts, with the exception of individual single-family residences and agricultural uses in state-certified county-adopted agricultural districts.

§ 158-59 Corner lots.

In the case of a corner lot, yards on two roads shall both be considered front yards and must meet appropriate front yard setbacks for the respective district.

§ 158-60 Distance of separation from community water supplies.

A. 
The following uses shall not be located within the cone of influence of any community water supply and in no case closer to any community water supply than indicated below (Distance is indicated in linear feet.):
Table 1: Development Proximity to Community Water Supplies
Use
Linear Distance
(feet)
Barnyards and stables
300
Cemeteries
300
Storage of chloride salts (uncovered)
500
Mining operations
1,000
Unpermitted application of herbicides and pesticides
500
Junkyards
500
B. 
The following uses, with appropriate techniques of construction and technology, may be located within the cone of influence of a community water supply, but in no case shall they be located closer than indicated below (Distance is indicated in linear feet.):
Table 2: Development Within Community Water Supply Cone of Influence
Use
Linear Distance
(feet)
Subsurface sewage treatment (septic fields)
300
Toxic chemicals (including but not limited to petroleum products) stored below ground
1,000

§ 158-61 Fences, screens and walls.

A. 
Applicability. This section shall apply to all uses in all districts, with no exceptions.
B. 
Location.
(1) 
Front yard setback: three feet from the lot line.
(2) 
Side and rear yard setback: one foot from the lot line.
(3) 
Within the area formed by any intersection street or highway right-of-way lines and a chord described at a radius of 30 feet from the point of intersection of such lines, no fence, screen or wall shall be erected or permitted.
C. 
Height.
(1) 
Front yards shall not exceed three feet in height from the natural ground level.
(2) 
Side and rear yards shall not exceed six feet in height from the natural ground level.
(3) 
In all yards, retaining walls shall be the minimum height necessary to accomplish their purpose.
D. 
Design, materials and construction.
(1) 
Colors and materials shall be complementary and similar to those present on the primary structure.
(2) 
All fences, screens and walls shall be of professional quality and constructed of robust, durable and weather-resistant materials.
(3) 
Nontreated, nonsealed or nonprotected dimensional framing or sheet lumber shall not be utilized for the construction of fences, screens or walls.

§ 158-62 Grading, excavation and tree removal.

A. 
Applicability. This section shall apply to all uses in all districts, with no exceptions.
B. 
No grading, excavation or tree/vegetation removal shall be permitted, whether to provide for a building site, for on-site utilities or services or for any roads, prior to final approval of the site plan or the issuance of a zoning permit, driveway permit and/or building permit. In some cases, preliminary grading may be allowed with written approval from the Planning Board.

§ 158-63 Lots with multiple structures and/or uses.

For lots with multiple structures or uses, all structures and uses must comply with:
A. 
The regulations applicable to the zoning district in which the lot is located; and
B. 
All applicable regulations identified within Chapters 158 and 135 for the particular use or structure.

§ 158-64 Recreational space for residential developments.

A. 
Whereas the Town of LeRay has no formally dedicated parkland, and the provision of and accessibility to park and recreation facilities has a direct correlation to the quality of life experienced by community residents, the Planning Board may require, pursuant to Town Law § 274-a, an area or areas devoted to the joint active recreational use of the residents thereof within newly developed residential subdivisions and multifamily residential developments.
B. 
In addition, pursuant to the findings of § 158-140, such recreational area or areas shall equal one acre for each 50 residential units or fraction thereof but in no instance shall be less than 10% or more than 15% of the total acreage of any single residential subdivision or multifamily residential development.
C. 
Recreational spaces shall include but not be limited to the following programmatic amenities:
(1) 
Baseball or softball diamonds;
(2) 
Tennis, basketball or bocce courts;
(3) 
Swimming pools;
(4) 
Community centers;
(5) 
Skating rinks;
(6) 
Playgrounds;
(7) 
Outdoor theaters;
(8) 
Trails; and
(9) 
Open play fields.
D. 
As required, the applicant shall provide, construct and/or install a composite recreational area or areas to include no less than three of the above-mentioned programmatic amenities, or others as determined viable by the applicant, to meet the needs of the intended residential population for the proposed project.
E. 
Said recreational area or areas approved by the Planning Board shall be integrated into the site plan for the proposed residential subdivision or multifamily residential development and shall be accessible via dedicated pedestrian walkways from the public or private road network.
F. 
No residential unit shall be located further than 600 feet from a programmatic amenity.
G. 
In no instance shall the totality of recreational areas for a single residential subdivision or multifamily residential development be limited to open play fields devoid of programmatic amenities such as those specified in § 158-64C(1) through (8).
H. 
These requirements shall be in addition to those pursuant to § 135-20.

§ 158-65 Site and building design.

A. 
Site design.
(1) 
Buildings should be oriented with primary facades parallel to primary streets.
(2) 
Lots with multiple buildings shall include pedestrian connections between adjacent uses, structures and parking areas.
(3) 
Lots with multiple buildings shall create a well-organized, accessible and functional site. The site layout shall create a unique sense of place without large parking lots devoid of landscaping or pedestrian accommodations and shall be complementary to surrounding uses.
(4) 
In an effort to decrease the aggregate number of parking spaces and impervious surface area on site, common or shared parking facilities and access for lots with multiple buildings shall be required to the extent practical or feasible, as determined by the Planning Board.
(5) 
Minimum distances between buildings on the same or different lots shall comply with the Building and Fire Codes of New York State for fire-resistance rating requirements based upon both occupancy and construction type. In no instance shall a newly constructed building be located closer than 30 feet to any existing structure unless the fire-resistance rating for the existing structure can be attested to by the Zoning Enforcement Officer or the Jefferson County Department of Fire Prevention and Building Codes.
B. 
Loading and service areas.
(1) 
Loading docks, bays and service areas shall be located on nonprimary facades. In cases where this is not feasible, an alternate loading area may be approved by the Planning Board if appropriate screening is provided.
(2) 
Trailers and containers cannot be used for on-site storage. Sufficient storage, including that needed for landscape maintenance, shall be designed and accommodated by the principal structure.
(3) 
Minimum number of required loading spaces or docks:
(a) 
Up to 15,000 square feet of gross floor area: one space;
(b) 
Fifteen thousand one square feet to 30,000 square feet of gross floor area: two spaces;
(c) 
Each additional 30,000 square feet of gross floor area or fraction thereof: one additional space; or
(d) 
As indicated by the applicant and approved by the Planning Board.
(4) 
Each loading space shall be at least 12 feet wide by 35 feet long.
(5) 
Loading spaces shall not be permitted within required front yards and shall not be permitted on the primary facade of any building or on the side of any building facing a street.
(6) 
Loading spaces shall be screened pursuant to § 158-68 so as to not be visible from front yard areas, adjacent properties or from streets.
(7) 
Loading spaces, their access drives and maneuvering areas shall be located and designed so that their use does not impede the normal use of parking spaces and access drives.
(8) 
All wholesaling, distribution and storage of materials and equipment, except vehicles used for transporting the warehoused products, shall be conducted within an enclosed building.
C. 
Refuse storage, staging and enclosures.
(1) 
The storage and/or staging of refuse shall take place in the rear yard and shall be buffered or screened from view of parking facilities, streets, walks and adjacent properties.
(2) 
Refuse/garbage containers shall be located within an enclosure designed such that the screen exceeds the height of the containers by one foot when closed.
(3) 
The enclosure shall be constructed of materials complementary to that of the principal structure.
(4) 
Gate access to the enclosure shall be located out of direct view from parking areas and principal building entrances, and shall be maintained in a closed position other than times of refuse pickup or delivery.
D. 
Building form and design.
(1) 
New construction must relate to the proportion, massing, and scale of surrounding-valued historic forms.
(2) 
Nonresidential structures greater than one story shall provide visual distinction between the first floor and upper floors through the use of appropriate architectural elements, details, materials and/or changes in facade color.
(3) 
In instances where the front facade is greater than 50 feet in width for non-single-family residential structure, delineations and treatments, such as a recess or projection that varies the depth of the building wall, shall be used to break up its appearance.
(4) 
Nonresidential structures shall incorporate fascias, canopies, arcades, setbacks, recesses, projections or other design features to compose wall surfaces of 750 square feet or less to avoid large, undifferentiated walls.
(5) 
For nonresidential buildings with multiple storefronts, there shall be a direct correlation between the delineations of interior tenant spaces and exterior facade treatments.
(6) 
For nonresidential buildings, a formal building base shall be distinguished from the upper portions of the structure through a change of materials, color, texture and/or projection.
E. 
Building entries.
(1) 
Buildings shall have at least one primary facade which contains the primary building entrance.
(2) 
Buildings shall have a transparent primary entryway.
(3) 
Primary building entrances shall face a primary street or drive. At the discretion of the Planning Board, a side or rear entry may also be permitted depending on the site layout.
(4) 
Buildings fronting on US Route 11 and an intersecting street shall have a primary entry on US Route 11 or at the corner facing the intersecting streets.
(5) 
Primary entries shall be prominently designed and constructed and shall function as pedestrian transition areas independent of site or building signage.
F. 
Building windows.
(1) 
Windows on all structures shall be of a scale, proportion and extent appropriate to the overall architectural style of the building.
(2) 
Window openings shall be trimmed with an appropriate material (brick, stone, wood, wood-like, cementitious board, vinyl) to provide added definition to the overall building facade.
(3) 
Faux window openings shall be permitted on industrial and manufacturing portions of structures, such that the design of these elements is of like material, scale, and proportion to functioning window openings found elsewhere on the building.
G. 
Building office areas for industrial and manufacturing uses.
(1) 
Building office areas shall be defined by projections, recesses and/or changes in height, design and material to differentiate these uses from manufacturing or industrial activities.
(2) 
Building office areas shall be oriented to face a primary street and shall be connected to streets and parking facilities with sidewalks.
(3) 
Building office areas shall contain at least 30% glass on exterior facades between three feet and 10 feet above grade that permits transparency into the structure through windows and doors.
H. 
Building mechanical equipment and utilities.
(1) 
Roof mechanicals, air, antenna, or saucer equipment shall be screened from adjacent properties and from street view by a parapet or architecturally compatible rooftop screen.
(2) 
Ground-fixed mechanical equipment shall be screened so as to not be visible from adjacent properties or from the street.
(3) 
All utilities shall be buried underground from point of service to building envelope.
I. 
Pedestrian accommodations.
(1) 
Pedestrian and vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians and to provide enhanced separation.
(2) 
Safe, convenient, efficient and dedicated pedestrian circulation pathways shall be provided between structures and parking facilities.
(3) 
Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian safety, efficiency and convenience.
(4) 
Principal and shared pedestrian entrances for ground-floor residential units shall face the primary street and have a direct connection to the sidewalk system, if present.

§ 158-66 Soil erosion and sedimentation control.

A. 
Applicability. This section shall apply to all uses in all districts, with no exceptions.
B. 
General.
(1) 
Pursuant to the United States Clean Water Act of 1987, the Town of LeRay is classified as a municipal separate storm sewer system (MS4). All stormwater discharges within the Town are regulated under the State Pollutant Discharge Elimination System (SPDES) general permit for stormwater discharges, GP-0-10-002, or current version. Applicants shall be required to coordinate with the Town Engineer regarding the permitting requirements for their particular project. A draft stormwater prevention plan (SWPPP), as defined by and consistent with the standards of the Town of LeRay Stormwater Management and Erosion and Sediment Control Law (Chapter 133), shall be provided where required.
[Amended 2-9-2017 by L.L. No. 2-2017]
(2) 
If, in the opinion of the Planning Board and consultation with the Town Engineer, the accelerated erosion of soil will result from any development proposal, the Planning Board shall require that such erosion shall be controlled.
(3) 
To accomplish this, a person engaged in earth-moving activities shall develop, implement and maintain erosion and sedimentation control measures which effectively minimize accelerated erosion and sedimentation.
(4) 
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.
C. 
Erosion and sedimentation control plan.
(1) 
The erosion and sedimentation control plan shall be prepared by a person trained and experienced in erosion and sedimentation control methods and techniques.
(2) 
The erosion and sedimentation control plan shall be designed to prevent accelerated erosion and sedimentation and shall consider all factors which contribute to erosion and sedimentation, including, but not limited to, the following:
(a) 
The topographic features of the project area;
(b) 
Types, depth, slope and area 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 earth-moving activities;
(f) 
Temporary control measures and facilities for use during earth moving;
(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.
D. 
Restoration.
(1) 
Upon completion of the project, all areas which were disturbed by the project shall be stabilized so that accelerated erosion shall be prevented.
(2) 
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.
(3) 
Upon completion of stabilization, all unnecessary or unusable control facilities shall be removed, the areas shall be graded and the soils shall be stabilized.