[Amended 3-19-1980 by L.L. No. 1-1980; 8-7-1980; 3-6-1997 by L.L. No. 1-1997; 2-1-2007 by L.L. No. 1-2007]
For the purpose of this chapter, the Town of Wheatland is hereby divided into the following classes of districts:
A. 
Residence Districts:
F-1 Flood Hazard District
AR-2 Agricultural Rural District
R-24 Single-Family Residence District
R-16 Single-Family Residence District
R-12 Single-Family Residence District
RA Garden Apartment Residence District
MHP Mobile Home Park District
B. 
Business Districts:
VB Village Business District
SCB Shopping Center District
HC Highway Commercial District
PC-NR Professional Commercial/Nonretail District
RP Retail/Professional District
C. 
Industrial Districts:
VI Village Industrial District
CIP Commercial Industrial Park District
LI Limited Industrial District
D. 
PUD Planned Unit Development District.
E. 
Overlay districts.
MSO Mine Subsidence Hazard Overlay District.
AUO Adult Use Entertainment Establishment Overlay District.
[Added 5-3-2001 by L.L. No. 2-2001]
A. 
Flood hazard. The purpose of the F-1 Flood Hazard District is promote the public health, safety and general welfare; and to minimize public and private losses due to flood conditions that occur within the zoned area. The F-1 District provisions are designed to:
(1) 
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.
(2) 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3) 
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
(4) 
Control filling, grading, dredging and other development which may increase erosion and flood damages.
(5) 
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(6) 
Qualify and maintain properties in the Town for participation in the National Flood Insurance Program.
B. 
AR-2 Agricultural Rural.
(1) 
The purpose of the AR-2 Agricultural Rural District is to encourage a proper environment to foster normal agricultural operations and a rural, low-density, residential land use; to preserve viable land for agriculture; to assure compatible types and densities of rural development where public sewers and/or water service do not exist and are not envisioned; and to protect groundwater quality to the greatest extent possible by controlling development over established aquifers. It is intended to be rural in character with rolling open countryside, fields, woods and sparse development predominantly outside the higher-density business and residential areas.
(2) 
Any development in AR-2 should focus on preservation of agriculture, open space, wood lots and rural residential character. Business development, if permitted, should blend architecturally and visually with adjacent residential and agricultural uses. All development should be compatible with the surrounding area.
C. 
R-24 Single-Family Residence. The purpose of the R-24 Single-Family Residence District is to permit, where appropriate, the construction and development of single-family dwelling units on medium-size lots in areas where municipal water and sewer services are available. The intended pattern of development in this district resembles a suburban-type setting, without necessarily including sidewalks, street lighting and street trees. However, public pedestrian access and landscaping should be considered.
D. 
R-16/R-12 Single-Family Residence.
(1) 
The purpose of the R-16 Single-Family Residence District is to permit, where appropriate, the construction and development of single-family dwelling units on small lots in areas where municipal water and sewer services are available. The intended pattern of development in this district resembles a village-type setting, with adjacent neighborhood development, sidewalks, streetlighting, street trees and garages located at the side or rear portions of the lots.
(2) 
The purpose of the R-12 Single-Family Residence District is to permit, where appropriate, the construction and development of single-family dwelling units on the smallest lots allowed within the Town where municipal water and sewer services are available. The intended pattern of development in this district resembles a village-type setting, with adjacent neighborhood development, sidewalks, streetlighting, street trees and garages located at the side or rear portion of the lots.
E. 
RA Garden Apartment Residence. The purpose of the RA Garden Apartment Residence District is to permit multifamily dwellings to be placed on lots that are adjacent to lots where single-family dwelling units are allowed and where municipal water and sewer services are available. The RA District is intended for a mix of single-family and multifamily residences that are compatible to other adjacent residential uses.
F. 
MHP Mobile Home Park. The purpose of the MHP Mobile Home Park District is to provide a neighborhood specifically designed to accommodate mobile homes. These areas typically have public water and sewer or are designed to provide these facilities within the park. Development in a mobile home park is intended to portray a suburban character compatible with adjacent land uses.
[Amended 2-1-2007 by L.L. No. 1-2007]
G. 
VB Village Business. The purpose of the VB Village Business District is for small-scale retail development (including dining and entertainment establishments) and community services. It can accommodate closely spaced development with minimum setbacks. Development in these areas should blend architecturally and visually with the neighborhood. Businesses in these areas tend to draw walk-in customers and may appeal to drive-by customers when appropriate parking is provided.
H. 
SCB Shopping Center. The purpose of the SCB Shopping Center District is to provide planned commercial development of sites that provide principally personal services and that are primarily accessible by motor vehicles and which require on-site parking. It is intended that structures in the SCB District shall relate to a common design theme and shall complement the adjacent residential neighborhoods.
I. 
HC Highway Commercial. The purpose of the HC Highway Commercial District is to provide commercial services that primarily meet the needs of the motorists traveling through the community. These uses are intended to be located along the primary highways within the community, and the spacing of driveways between such uses shall be an important consideration to maintaining the overall safety and efficiency of the traveling public. Therefore, access to these sites shall be restricted and combined, shared or cross-access easements shall be required.
J. 
PC-NR Professional Commercial/Nonretail. The purpose of the PC-NR Professional Commercial/Nonretail District is to provide for professional and various nonretail services that are supportive and accessible to a residential community. The PC-NR District is intended to blend in with the surrounding residential neighborhoods and act as a separation between commercial areas and residential neighborhoods. In general, low traffic volumes are associated with these uses. Environmentally, the PC-NR District requires special attention to the impacts on air, noise, odor, hours of operation and aesthetics so as to blend into adjacent residential neighborhoods.
K. 
RP Retail/Professional. The purpose of the RP Retail/Professional District is to provide neighborhood centers for commerce that include convenient shopping and consumer services for area residents and the commuting public. The RP District is intended to blend with the surrounding neighborhoods and may be used to separate residential districts from commercial and other districts. Environmentally, the RP District requires special attention to impacts on air, noise, odor, hours of operation and aesthetics so as to blend into adjacent residential neighborhoods.
L. 
CIP Commercial Industrial Park. The purpose of the CIP Commercial Industrial Park District is to permit areas where planned development of an entire site is demonstrated by a mix of commercial, industrial and open space uses that are part an overall site. It is intended that development in the CIP District shall have restrictions imposed upon the development to ensure that a compatible pattern of development will occur when compared to the surrounding areas.
M. 
LI Limited Industrial. The purpose of the LI Limited Industrial District is to permit areas for commercial and industrial uses to be located in a park-like setting. It is intended that development in the LI District shall be associated with research and development oriented activities; high technology and/or light manufacturing operations; certain retail outlets; and warehousing.
N. 
MSO Mine Subsidence Hazard Overlay. The purpose of the MHO Mine Subsidence Hazard Overlay District is to provide supplementary controls over land use in addition to the primary zoning districts and shall be used in combination with such primary districts. In the interest of public health, safety and welfare, these regulations are intended to protect development located in an area in the Town of Wheatland that has been subjected to underground mining, with much of such area not provided with maps of the undermining. More specifically, the purpose of these supplementary controls is to prevent the erection of habitable structures in an area that could be unsafe due to undermining, to minimize danger to public health by protecting the water supply and promoting safe and sanitary drainage and to reduce the financial burdens imposed on the community or individuals that could be incurred due to subsidence.
O. 
AUO Adult Use Entertainment Establishment Overlay. The purpose of the AUO Adult Use Entertainment Establishment Overlay District is to provide special controls over the development of sites for this purpose which lie within the appropriate underlying zoning district and which recognize the specified purpose and particular needs of the Town to regulate this use.
[Amended 2-1-2007 by L.L. No. 1-2007]
A. 
The boundaries of each of the districts listed in § 130-6 are hereby established as shown upon the duly adopted Zoning Map which accompanies this chapter and which, with all notations, references and other matters shown thereon, is hereby declared a part of this chapter.[1]
[1]
Editor's Note: The official copy of the Zoning Map is on file in the office of the Town Clerk, where it is available for inspection during regular office hours.
B. 
The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad right-of-way boundary lines or their center lines, other similar right-of-way lines or lot lines or boundaries of subdivisions or municipal boundary lines, all as shown on the Zoning Map. Where a district boundary line does not follow such a line but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
C. 
Where the street layout actually on the ground varies from the street layout as shown on the Zoning Map, the designation shown on the mapped streets shall be applied in such a way as to carry out the Building Inspector's judgment as to the purpose and intent of the Zoning Map for the particular area in question.
D. 
When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by the Building Inspector by scaling the distance on the Zoning Map from a line of known location to such district boundary line.
E. 
In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Zoning Board of Appeals.
[Amended 8-7-1980]
F. 
When a district boundary line divides a lot in a single ownership at the effective date of this chapter or any subsequent amendment thereto, the Board of Appeals may permit extension into one district of a lawful conforming use existing in the other district, as hereinafter provided in § 130-66.
A. 
Within any district, a building, structure or lot shall only be used for one of the uses indicated in §§ 130-10, 130-12 and 130-15, the Tables of Use Regulations, for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district, except that use in the Planned Unit Development District shall conform with the provisions of the amending ordinance and with the subsequent approved site plan for that specific district. Further, any such building, structure or lot shall only be used in conformance with the provisions of §§ 130-11, 130-14 and 130-16, the Tables of Dimensional Regulations, except that the dimensional regulations in a Planned Unit Development District shall conform with those established in the amending ordinance and with those subsequently established in the approved site plan for that specific district. In addition, such use shall comply with all other applicable provisions of this chapter, unless modified by Planned Unit Development District amending ordinance or approved site plan.
B. 
In any case except for single-family residence and mobile home park applications, the applicant shall obtain site plan approval from the Planning Board, as required by the procedures contained in § 130-22.
[Amended 8-7-1980]
[Amended 8-7-1980; 3-6-1997 by L.L. No. 1-1997; 3-1-2007 by L.L. No. 4-2007; 10-4-2007 by L.L. No. 7-2007; 3-3-2011 by L.L. No. 1-2011; 8-9-2018 by L.L. No. 1-2018]
District 3
Use Classifications1
F-12
AR-2
R-24
R-16
R-12
RA
Residential Uses
1.
One-family detached dwelling
X
P
P
P
P
P
2.
One-family attached dwelling
X
SE
SE
SE
SE
SE
3.
Two-family detached dwelling, new
X
SE
X
X
X
X
4.
Multiple dwelling
X
X
X
X
X
P
5.
Conversion of one-family dwelling for two-family dwelling
X
SE
SE
SE
SE
X
6.
Planned residential development
X
X
SE
SE
SE
X
7.
Seasonal cottage, cabin, camping ground
X
SE
X
X
X
X
8.
Kennel, Noncommercial
X
SE
SE
SE
SE
X
9.
Kennel, Commercial
X
SE
X
X
X
X
Residential Community Facilities
1.
Church or place of worship or religious instruction, parish house or rectory, seminary, convent
X
P
P
P
P
P
2.
Nursery school
X
P
SE
SE
SE
X
3.
Public park, playground or recreation area
P
P
P
P
P
P
4.
Private recreation area, nonprofit
SE
SE
SE
SE
SE
SE
5.
Public or government building, library, museum, etc.
X
SE
P
P
P
P
6.
School, elementary or high public, denominational or private, nonprofit, accredited by New York Education Department
X
SE
P
P
P
P
General Community Facilities
1.
Bus passenger shelter
X
SE
SE
SE
SE
SE
2.
Cemetery
X
SE
SE
X
X
X
3.
College, university
X
SE
X
X
X
X
4.
County club
X
SE
X
X
X
X
5.
Hospital, including auxiliary services and functions
X
SE
SE
SE
X
X
6.
Membership club, nonprofit
SE
SE
SE
SE
X
X
7.
Nursing home, rest home
X
SE
SE
SE
SE
X
8.
Philanthropic, fraternal, social or educational organization
X
SE
X
X
X
X
9.
Public medical research building or similar facility
X
X
X
X
X
X
10.
Public utility structure, facility or right-of-way necessary to serve the community, excluding business office, repair or storage of equipment
SE
SE
SE
SE
SE
SE
Business Uses
1.
Agriculture, excluding animal husbandry
P
P4
X
X
X
X
2.
Animal husbandry
P
P4
X
X
X
X
3.
Funeral home
X
X
SE
X
X
X
4.
Greenhouse, plant nursery
SE
SE
X
X
X
X
5.
Professional office, medical arts building
X
SE
SE
SE
SE
SE
6.
Veterinarian, veterinary hospital or clinic
X
SE
X
X
X
X
7.
Antique shop
X
SE
X
X
X
X
8.
Outdoor recreational areas (club house/restaurant)
SE
SE
X
X
X
X
9.
Private utility structure, facility, right-of-way
SE
SE
SE
SE
SE
SE
Industrial Uses
1.
Quarries: clay, sand and gravel pits
SE
X
X
X
X
X
Accessory Uses
1.
Accommodations for no more than two roomers in one- or two-family detached dwelling, provided that separate kitchen and entrance facilities shall not be provided
X
SE
P
P
P
X
2.
Customary accessory structure and/or use
X
P
P
P
P
P
3.
Home occupation one- or two-family detached dwelling
a. Minor
X
P
P
P
P
P
b. Major
X
SE
SE
SE
SE
X
4.
Home professional office
X
P
P
P
P
P
5.
Private garage or off- street parking area pursuant to Article IV
SE
P
P
P
P
P
6.
Private swimming pool
X
P
P
P
P
SE
7.
Signs pursuant to Article V
X
P
P
P
P
SE
8.
Private utility structure, facility, right-of-way
SE
SE
SE
SE
SE
SE
NOTES:
1 Where public sewers are not available, no lot shall be built upon which has insufficient space for a private sanitary waste disposal system.
2 For special provisions covering this district, see § 130-18.
3 For special provision relating to the MHP Mobile Home Park District, see § 130-19.
4 Except as permitted by § 130-12A, when lot size has been reduced as allowed in § 130-11, this use will be prohibited.
KEY:
P = Permitted use
SE = Special exception use
X = Prohibited use
[Amended 8-4-1977; 3-20-1980; 8-7-1980; 3-6-1997 by L.L. No. 1-1997]
District5
Dimensional Provisions
F-12
AR-2
R-24
R-16
R-12
RA3
Lot area, 1 minimum (square feet or acres)
Without public sewer and public water
5 acres
2 acres
Not allowed
With public sewer and public water
50,000
24,000
16,000
12,000
12,000
With public water and Health Department approval of septic system
50,000
40,000
40,000
20,000
Lot area, minimum per dwelling unit (square feet or acres)
24,000
16,000
12,000
3,500
Without public water
2 acres
With public water
50,000
Lot coverage, percent of total area occupied by main and accessory buildings
1
25
25
30
25
Without public water
10
With public water
20
Lot width, minimum (feet)
300
120
100
80
100
Without public water
200
With public water
175
Height, maximum
Stories
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
2 1/2
Feet
35
35
35
35
35
35
Yards, minimum (feet)
Front 4
100
75
50
50
35
50
Side, minimum for one
50
25
15
12
10
30
Side, total for both on interior lot
100
50
30
25
20
60
Side, abutting side street on corner lot 4
100
75
50
50
35
50
Rear
50
40
35
35
30
30
Residential floor area
See § 130-32
NOTES:
1 Where public sewers are not available, no lot shall be built upon which has insufficient space for a private sanitary waste disposal system, as determined by the Monroe County Health Department.
2 For special provisions covering this district, see § 130-18.
3 For single-family detached dwellings, follow dimensional provisions for the R-12 District.
4 All measurements will be from the street line.
5 For special provisions relating to the MHP Mobile Home Park District, see § 130-19.
[Amended 3-6-1997 by L.L. No. 1-1997; 8-9-2018 by L.L. No. 1-2018]
District
Use Classifications
VB
SCB
HC
PC-NR
RP
Residential Uses
1.
Dwelling unit over first floor nonresidential use
SE
X
X
SE
SE
2.
Dwelling lawfully existing prior to adoption of this chapter or any subsequent amendment thereto
SE
SE
SE
SE
SE
Residential Community Facilities
1.
Church or similar place of worship or religious instruction, parish house, rectory, seminary or convent
SE
SE
X
SE
SE
2.
Nursery school
SE
SE
X
SE
SE
3.
Public library, museum, community center
SE
SE
SE
SE
SE
4.
Fire stations municipal office or any governmental building of similar character
SE
SE
SE
P
P
5.
School, elementary or high, public, denominational or private, nonprofit, accredited by the New York Education Department
SE
SE
SE
SE
SE
General Community Facilities
1.
Bus passenger shelter
P
P
P
P
P
2.
Membership club, nonprofit
SE
SE
X
3.
Philanthropic, fraternal, social or educational institution office or meeting room, nonprofit
SE
SE
X
SE
X
4.
Public utility structure right-of-way, including airport, sewage treatment plant or water supply facility, necessary to serve community
SE
SE
SE
SE
SE
5.
Public passenger transportation or terminal
SE
SE
SE
SE
SE
Business Uses
1.
Auditorium, meeting hall
X
SE
SE
SE
SE
2.
Automobile laundry
SE
SE
SE
X
SE
3.
Bank
P
P
P
P
P
4.
Bowling alley
SE
SE
SE
SE
SE
5.
Dance hall, skating rink
X
X
SE
SE
SE
6.
Eating establishment: drive-in open front or curb service
X
X
SE
X
X
7.
Filling station
X
SE
SE
X
SE
8.
Funeral home
SE
X
P
SE
SE
9.
Greenhouse, plant nursery
X
X
P
X
X
10.
Motel, hotel
SE
SE
SE
SE
SE
11.
Motor vehicle, mobile home or boat salesroom or outdoor sales lot for products for sale or hire
X
X
SE
X
SE
12.
Office; business, professional or utility
P
P
P
P
P
13.
Parking garage, storage garage
SE
SE
SE
SE
SE
14.
Personal service shop: barber-shop, beauty parlor, dry-clean-ing or laundry service of less than 4,000 square feet using only self-contained solvent reclaiming units, professional studio, travel agency or similar shop
P
P
X
X
P
15.
Radio or television broad-casting studio
P
P
P
SE
X
16.
Recreation facility, outdoor
P
P
X
SE
SE
17.
Repair garage
X
X
P
X
P
18.
Repair shop for household, business or personal appliances
P
P
P
P
P
20.
Retail store or shop
P
P
SE
X
P
21.
Shop for custom work and for making articles to be sold at retail premises
P
P
X
P
P
22.
Tavern
P
P
SE
X
X
23.
Theater or motion-picture theater, other than an outdoor drive-in theater
SE
SE
SE
X
SE
24.
Veterinarian, veterinary hospital or clinic
X
X
SE
P
X
25.
Vocational school
SE
SE
SE
SE
SE
26.
Wholesale business
X
SE
SE
SE
SE
Industrial Uses
1.
Nonnuisance industry
X
X
X
X
X
2.
Printing or publishing plant
SE
X
P
X
X
3.
Truck terminal truck transfer station
X
X
SE
X
X
4.
Laundry plant, dry-cleaning plant
X
X
X
X
X
5.
Storage of fuel or other liquids in tanks
X
X
X
X
X
6.
Outdoor storage area
X
X
X
X
X
7.
Warehouse
X
X
P
X
X
8.
Research institute or laboratory
X
X
SE
SE
SE
9.
Planned commercial-industrial park
X
X
X
X
X
Accessory Uses
1.
Caretaker's or owner's dwelling unit
X
X
SE
SE
SE
2.
Customary accessory use, building or structure, as long as the main building or structure is permitted
P
P
P
P
P
3.
Private garage or off-street parking area pursuant to Article IV
P
P
P
P
P
4.
Private swimming pool
X
X
X
SE
SE
5.
Signs pursuant to Article V
P
P
P
P
P
6.
Private utility structure, facility, right-of-way
SE
SE
SE
SE
SE
Key:
PC-NR = Professional/Nonretail District
RP = Retail/Professional District
P = Permitted use
SE = Special exception use
X = Prohibited use
[Added 3-6-1997 by L.L. No. 1-1997]
Agriculture may be initiate, continued and/or expanded on land in a state-certified agricultural district regardless of what zoning district the land has been placed in by the Town of Wheatland.
[Amended 3-6-1997 by L.L. No. 1-1997]
  District
Dimensional Provisions
VB
SCB
HC
PC-NR
RP
Lot area,1 minimum (square feet or acres)
No requirement
2 acres
40,000
40,000
40,000
Lot area, minimum per dwelling unit (square feet)
X
X
X
X
X
Lot coverage, percent of total lot area occupied by main and accessory buildings
80
30
20
20
20
Lot width, minimum (feet)
No requirement
200
200
200
200
Height, maximum (stories/feet)
2 1/2/35
2 1/2/35
2/35
2/35
2/35
Yards, minimum (feet)
Front
10
70
70
70
70
Side, minimum for one
12 if provided
50
30
30
30
Side, total for both on interior lot
No requirement
100
60
60
60
Side, abutting side street on corner lot
10
70
70
70
70
Rear
20
50
70
70
70
NOTES:
1 Where public sewers are not available, no lot shall be built upon which has insufficient space for a private sanitary waste disposal system.
[Amended 3-6-1997 by L.L. No. 1-1997; 3-18-1999 by L.L. No. 1-1999; 2-1-2007 by L.L. No. 1-2007; 8-9-2018 by L.L. No. 1-2018]
District  
Use Classifications
VI
CIP
LI
Residential Uses
1.
Dwelling units over first-floor nonresidential uses
X
X
X
2.
Dwellings lawfully existing prior to adoption of this chapter or any subsequent amendment thereto
SE
SE
SE
Residential Community Facilities
1.
Church or place of worship or religious instruction, parish house, rectory, seminary or convent
X
X
X
2.
Nursery school
X
X
X
3.
Park, playground or recreational
P
P
X
4.
Public library, museum, community center
SE
X
X
5.
Fire station, municipal office or any governmental building of similar character
P
P
P
6.
School, elementary or public, denominational or private, nonprofit, accredited by the New York Education Department
SE
SE
X
General Community Facilities
1.
Bus passenger shelter
P
P
P
2.
Membership club, nonprofit
X
SE
X
3.
Philanthropic, fraternal, social or educational institution office or meeting room, nonprofit
X
SE
X
4.
Public utility structure or right-of-way, including airport, sewage treatment plant or water supply facility, necessary to serve the community
SE
SE
SE
5.
Public passenger transportation station or terminal
SE
SE
SE
6.
Sanitary landfill
SE
SE
X
Business Uses
1.
Adult use entertainment establishments as further regulated elsewhere in this chapter
X
SE
X
2.
Auditorium, meeting hall
X
X
X
3.
Automobile laundry
SE
SE
X
4.
Bank
X
P
X
5.
Bowling alley
X
X
X
6.
Dance hall, skating rink
X
X
X
7.
Eating establishment, drive-in, open front or curb service
X
X
X
8.
Filling station
X
X
X
9.
Funeral home
X
X
X
10.
Greenhouse, plant nursery
X
SE
X
11.
Motel, hotel
X
X
X
12.
Motor vehicle, mobile home or boat salesroom or outdoor sales lot for products for sale or hire
X
X
X
13.
Office: business, professional or utility
P
P
P
14.
Parking garage, storage garage
SE
SE
SE
15.
Personal service shop: barbershop, beauty parlor, dry-cleaning or laundry service of less than 4,000 square feet using only self-con-tained solvent reclaiming units, professional studio, travel agency or similar shop
X
X
X
16.
Radio or television broadcasting studio
P
P
SE
17.
Recreation facility, outdoor
X
X
SE
18.
Repair garage
P
SE
X
19.
Repair shop for household, business or personal appliances
P
X
X
20.
Restaurant
X
SE
SE
21.
Retail shop or store
X
X
SE
22.
Shop for custom work and for making articles to be sold at retail on premises
X
X
SE
23.
Tavern
X
X
X
24.
Theater or motion-picture theater, other than outdoor drive-in theater
X
X
X
25.
Veterinarian, veterinary hospital or clinic
X
X
SE
26.
Vocational school
SE
SE
SE
27.
Wholesale business
P
P
P
Industrial Uses
1.
Nonnuisance industry
SE
SF
P
2.
Printing or publishing plant
SE
SE
SE
3.
Truck terminal, truck transfer station
SE
SE
P
4.
Laundry plant, dry-cleaning plant
SE
SE
SE
5.
Storage of fuels or other liquid in tanks used in furtherance of the business
SE
SE
SE
6.
Outdoor storage area
X
SE
SE
7.
Warehouse
SE
SE
P
8.
Research institute or laboratory
SE
SE
P
9.
Planned commercial-industrial park
SE
SE
P
10.
Manufacture of electric, electronic or optical instruments or devices
SE
SE
P
11.
Light manufacturing, assembling, fabricating or packaging of products from previously prepared materials such as cloth, plastic, paper, leather, precious or semi-precious metals or stones and wood
X
SE
P
12.
Manufacture of food products, pharmaceuticals and the like, but not including the production of fish, meat or dairy products or fermented foods such as sauerkraut, vinegar or the like or the rendering of fats and oils
X
SE
P
13.
Tank farm fuel storage
X
SE
X
Accessory Uses
1.
Caretaker's or owner's dwelling unit
SE
SE
SE
2.
Customary accessory uses, building or structure, except prohibited uses
P
P
SE
3.
Private garage or off-street parking area pursuant to Article IV
P
P
P
4.
Private swimming pool
5.
Signs pursuant to Article V
P
P
P
6.
Private utility structure or facility, right-of-way
SE
SE
SE
Key:
P = Permitted use
SE = Special exception use
X = Prohibited use
[Amended 3-6-1997 by L.L. No. 1-1997]
District  
Dimensional Provisions
VI
CIP
LI
Lot area,1 minimum (square feet)
20,000
80,000
60,000
Lot area, minimum per dwelling unit (square feet)
X
X
X
Lot coverage, percent of total lot area occupied by main and accessory buildings
40
20
25
Lot width, minimum (feet)
100
200
200
Height, maximum (stories/feet)
2/35
2/35
2/35
Yards, minimum (feet)
Front
20
70
60
Side, minimum for one
15
50
40
Side, total for both on interior lot
30
100
80
Side, abutting side street on corner lot
20
70
60
Rear
30
50
50
NOTES:
1 Where public sewers are not available, no lot shall be built upon which has insufficient space for a private sanitary waste disposal system.
A. 
Statement of intent.
(1) 
It is the intent of this Planned Unit Development District section to provide the means for designed modification of the Comprehensive Plan and of the Master Plan within small- to large-scale areas of the community through the use of performance criteria and site plan concepts approved by the municipal legislative body, after public hearing. Such standards shall assure the quality of such Planned Unit Development District and its compatibility with the Comprehensive Plan and with the stated planning objectives and the Master Plan.
(2) 
Such a Planned Unit Development District may incorporate a variety of residential and nonresidential land use and building types, and may contain both individual building sites and common property planned and developed as a unit.
(3) 
These district provisions are set forth specifically to encourage innovations in land use planning and development, particularly with respect to residential areas in order to meet the growing housing demand for people on all income levels, and further to promote the conservation and more efficient use of land.
(4) 
To implement the intent expressed in this section and to facilitate greater flexibility in land use planning and development in accordance with the district design objectives stated in Subsection B below, the municipal legislative body specifically sets aside the regular District Tables of Use Regulations and of Dimensional Regulations in favor of a design approval process, including an amending ordinance and site plan approval by the Planning Board as established by this section, which becomes the basis for land use control.
B. 
District design objectives. In reviewing and approving a Zoning Map amendment application for a Planned Unit Development District or the subsequent subdivision plat and detailed site plan submissions of a PUD that has been adopted, the following district design objectives shall be considered, among other things:
(1) 
The proposed district development plan shall be in harmony with the planning objectives and the Master Plan and shall represent a modification of the Master Plan found to be beneficial to the community.
(2) 
The resultant local area environment shall be more desirable than would be possible through the application of the regular district regulations of this chapter.
(3) 
The district design shall be oriented towards providing an orderly transition of land development from rural to suburban or urban land use.
(4) 
The quality of the natural environment shall be conserved through the preservation of such things as trees and outstanding natural topographic and geologic features as well as sites of historical interest and buildings, and the prevention of soil erosion.
(5) 
A compatible interrelationship between various land use areas or among intermixed land uses within buildings or groups of buildings based on clearly stated function and design considerations.
(6) 
The acknowledgment by the PUD sponsor or sponsors of their responsibility for providing any needed additional capacity in the functional systems of the community, such as roads and utilities, beyond that anticipated as the result of development in accordance with the Master Plan and the regular district provisions of this chapter as they applied prior to the PUD District.
(7) 
The establishment of efficient internal development patterns designed to require smaller scale networks of utilities, all of which shall be underground, and streets and thereby lowering public maintenance costs, particularly in the instance of housing, among other things.
(8) 
A choice in residential environment, including types of occupancy (e.g., cooperative, individual ownership, condominium, lease), development density and dwelling characteristics.
(9) 
The provision of appropriate community facilities to serve municipal residents of all income levels and of greater proportion of usable open space and recreational lands.
C. 
General requirements.
(1) 
Minimum district area. The minimum district area required shall be 100 contiguous acres of land, except that where an applicant can demonstrate that, due to special characteristics his land will meet the district design objectives set forth in this section, his application may be considered.
(2) 
Ownership. The land encompassed by a PUD District may be owned, leased or controlled either by an individual, by a corporation or by a group of individuals or corporations. An application for a PUD District must be filed either by the owner or with the approval of the owner, or jointly in case of multiple ownership. In the case of multiple ownership, the Planned Unit Development District amendment and subsequent site plan approvals shall be binding on all owners and their successors.
(3) 
Potential location of PUD Districts. An application for a PUD District may be made with respect to any area within the municipality where the applicant can demonstrate that the characteristics of his property and his proposed development performance criteria and planning concept are in keeping with the intent and the district design standards set forth in this section and in § 130-20 covering mine subsidence hazard, if the property is so affected.
(4) 
Permitted uses. All uses to be permitted in a specific PUD District, its land use intensity or dwelling unit density, the quantities of each and their approximate geographic distribution as shown in the planning concept shall be approved by the municipal legislative body, which may impose further specific conditions on such permitted uses in accordance with the procedure set forth in this section.
(5) 
Common property. Common property in a PUD District, as distinguished from municipal or public property, is land with any improvements thereon which is set aside for the exclusive use and enjoyment of owners and occupants of other properties within the PUD District. Such common properties shall be established as a part of the planning concept approved by the municipal legislative body, and further, a responsible agency shall be set up for the improvement, operation and maintenance of such common property which shall also have municipal legislative body approval as one of the performance criteria; provided, however, that the exclusive use of such common property shall not be contrary to the broader community-wide interest in open space.
D. 
Planned Unit Development zoning application and related procedure.
(1) 
General. An application for a Planned Unit Development District shall be considered an amendment to the Zoning Map and as such shall follow the procedure set forth in Article X of this chapter; provided, however, that it shall concurrently be considered as a modification of the Master Plan and as such shall include performance criteria and a planning concept acceptable to the municipal legislative body. After adoption of a PUD District, the sponsor or sponsors, shall prepare a preliminary layout and site plan and a final plat, as required by Chapter 116, Subdivision of Land, except as those requirements might be modified by the map amendment ordinance establishing the PUD District and site plan.
(2) 
Application for sketch plan approval.
(a) 
In order to allow the Planning Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Planning Board. The sketch plan shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following information:
[1] 
The location of the various uses, their characteristics and their areas in acres.
[2] 
The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.
[3] 
Delineation of the various residential areas, indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise) and general description of the intended market structure (i.e., luxury, middle-income, moderate-income, elderly units, family units, etc.), plus a calculation of the residential density in dwelling units per gross acre (total area, including interior roadways) for each such area.
[4] 
The interior open space system.
[5] 
The overall drainage system.
[6] 
A topographic map showing contour intervals of not more than five feet of elevation, along with an overlay outlining those portions of the site having a moderate-to-high susceptibility to erosion, or a moderate-to-high susceptibility to flooding and ponding.
[7] 
Principal ties to the community at large and proposed accommodations of approximate PUD needs with respect to transportation, water supply, sewage disposal and other utilities.
[8] 
General description of the provision of other community facilities, such as schools, fire protection services and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.
[9] 
A location map showing uses and ownership of abutting lands.
(b) 
In addition, the following documentation shall accompany the sketch plan:
[1] 
Evidence of how the developer's particular mix of land uses meets existing community demands.
[2] 
Evidence that the proposal is compatible with the planning objectives and the Master Plan.
[3] 
General statement as to municipal or public lands and common open space and as to how common open space is to be owned and maintained.
[4] 
If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is so staged, the sketch plan shall show the intended total project.
[5] 
Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan and his awareness of the scope of such a project, both physical and financial.
(c) 
The Planning Board shall review the sketch plan and its related documents and shall render either a favorable report to the Town Board or an unfavorable report to the applicant. The Planning Board may call upon the County Planning Council, the Soil Conservation Service and any other public or private consultants that they feel are necessary to provide a sound review of the proposal.
[1] 
A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering the PUD District Map amendment. It shall be based on the following findings which shall be included as part of the report:
[a] 
The proposal conforms to the planning objectives and to the Master Plan.
[b] 
The proposal meets the intent and district design objectives of the Planned Unit Development District, as expressed in Subsection B above.
[c] 
The proposal meets all the general requirements of Subsection C above.
[d] 
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in the proposed functional roadway system, land use configurations, open space system and scale of the elements, both absolutely and to one another.
[e] 
There are adequate services and utilities available or proposed to be made available in the construction of the development.
[2] 
An unfavorable report shall state clearly the reasons therefor, and if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for a PUD District Map amendment with the Town Clerk. The Town Board may then determine on its own initiative whether or not it wishes to call a public hearing.
(d) 
The Chairman of the Planning Board shall certify when all of the necessary application material has been presented, and the Planning Board shall submit its report within 62 days of such certification. If no report has been rendered after 62 days, the applicant may proceed as if a favorable report were given to the Town Board.
[Amended 2-1-2007 by L.L. No. 1-2007]
(3) 
Application for PUD District Map amendment.
(a) 
Upon receipt of a favorable report from the Planning Board, or upon its own determination subsequent to an appeal from an unfavorable report, the Town Board may set a date for and conduct a public hearing for the purpose of considering a PUD District Map amendment for the applicant's plan in accordance with the provisions of Article X, said public hearing to be conducted within 62 days of the receipt of the favorable report or the appeal from an unfavorable report by the Planning Board.
[Amended 2-1-2007 by L.L. No. 1-2007]
(b) 
The Town Board shall refer the application to the County Department of Planning for its analysis and recommendations, and the Town Board shall also refer the application to the Town Engineer for his review.
[1] 
The Town Board shall give the County Department of Planning at least 30 days to render its report, and within 45 days after the public hearing, the Town Board shall render its decision on the application.
[2] 
The Town Engineer shall submit a report to the Town Board within 30 days of the referral, duly noting the feasibility and adequacy of those design elements within his sphere of interest. This report need only concern itself with general acceptance or disapproval, as the case may be, and in no way implies any future acceptance or rejection of detailed design elements as will be required in the later site plan review stage. The Town Engineer may also state in his report any other conditions or problems that must be overcome before consideration of acceptance on his part.
(4) 
Adoption of the Planned Unit Development District amendment.
(a) 
If the Town Board grants the PUD District, the Zoning Map shall be amended and notated. The Town Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening; land use mixes; order of construction and/or occupancy; public utility systems and plants; circulation systems, both vehicular and pedestrian; availability of sites within the area for necessary public service such as schools, firehouses, specialized apparatus to provide the protection required by the development itself and libraries; protection of natural and/or historic sites; and other such physical or social demands. The Town Board shall state at this time its findings with respect to the land use as called for in Subsection C(4) above.
(b) 
Town Board determination and record. The Town Board's zoning amendment shall establish a definitive description, including mapping, of exactly what development program has been ordained and of such other conditions as the Town Board may have required, set forth in such detail as may be needed to provide guidance to the Planning Board in its site plan approval the extent of the specific district regulation. Further, the Town Board shall maintain as a public record a completely documented file on each such amending ordinance, including all facts, opinions and judgments justifying the modification of the Master Plan, the permitted uses and the land use intensity.
(c) 
No building permit, certificate of occupancy or similar such permit shall be issued, nor shall any subdivision plat for any part of such PUD District be filed in the office of the Monroe County Clerk until such time as:
[1] 
Final plat and site plan approval has been obtained from the Planning Board in accordance with the provisions of Subsection F below.
[2] 
All conditions and requirements set forth in the Town Board Zoning Ordinance amendment shall have been met.
E. 
Preliminary layout and site plan approval. Refer to § 130-22.
F. 
Final plat and site plan approval. Refer to § 130-22.
G. 
Other regulations applicable to Planned Unit Developments.
(1) 
Regulation after final construction and occupancy.
(a) 
For the purpose of regulating development and use of PUD property after initial construction and occupancy, any changes other than use changes shall be processed as a special exception use before the Planning Board.
(b) 
Use changes in a PUD District shall also be in the form of a special exception, except that the Town Board approval shall be required.
(c) 
Properties lying in Planned Unit Development Districts are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests; and maintenance of the intent and function of the planned unit shall be of primary importance.
[Amended 9-14-1978; 4-7-1988; 8-7-2008 by L.L. No. 3-2008]
A. 
Findings. The Town Board of the Town of Wheatland finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Wheatland and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this section is adopted.
B. 
Purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) 
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
(2) 
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3) 
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
(4) 
Control filling, grading, dredging and other development which may increase erosion or flood damages.
(5) 
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(6) 
Qualify for and maintain participation in the National Flood Insurance Program.
C. 
Objectives. The objectives of this section are to:
(1) 
Protect human life and health.
(2) 
Minimize expenditure of public money for costly flood-control projects.
(3) 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(4) 
Minimize prolonged business interruptions.
(5) 
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
(6) 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood-blight areas.
(7) 
Provide that developers are notified that property is in an area of special flood hazard.
(8) 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
D. 
Word usage and definitions.
(1) 
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.
(2) 
As used in this section, the following terms shall have the meanings indicated:
APPEAL
A request for a review of the local administrator's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one-percent or greater annual chance of flooding to an average annual depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE or V1-V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this section, the term “special flood hazard area (SFHA)” is synonymous in meaning with the phrase “area of special flood hazard.”
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
That portion of a building having its floor subgrade (below ground level) on all sides.
BUILDING
See "structure."
CELLAR
Has the same meaning as "basement."
CRAWL SPACE
An enclosed area beneath the lowest elevated floor, 18 inches or more in height, which is used to service the underside of the lowest floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING
(a) 
A nonbasement building:
[1] 
Built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zones V1-V30, VE or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water; and
[2] 
Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood.
(b) 
In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
(c) 
In the case of Zones V1-V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls that meet the federal standards.
FEDERAL EMERGENCY MANAGEMENT AGENCY
The federal agency that administers the National Flood Insurance Program.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community issued by the Federal Emergency Management Agency where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
See "flood elevation study."
FLOOD or FLOODING
(a) 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
[1] 
The overflow of inland or tidal waters.
[2] 
The unusual and rapid accumulation or runoff of surface waters from any source.
(b) 
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (a)[1] above.
FLOODPLAIN or FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source. (See "flooding.")
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
See "regulatory floodway."
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(a) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
LOCAL ADMINISTRATOR
The person appointed by the community to administer and implement this section by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department.
LOWEST FLOOR
Lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MOBILE HOME
See "manufactured home."
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community, and includes any subsequent improvements to such structure.
ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD
See "base flood."
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure, excluding land value, is above ground.
RECREATIONAL VEHICLE
A vehicle which is:
(a) 
Built on a single chassis;
(b) 
Four hundred square feet or less when measured at the largest horizontal projections;
(c) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) 
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Subsection M(2) of this section.
START OF CONSTRUCTION
The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this section which permits construction or use in a manner that would otherwise be prohibited by this section.
E. 
Applicability. This section shall apply to all areas of special flood hazard within the jurisdiction of the Town of Wheatland, Monroe County.
F. 
Basis for establishing areas of special flood hazard.
(1) 
The areas of special flood hazard for the Town of Wheatland, Community Number 360438, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(a) 
Flood Insurance Rate Map Panel Numbers 36055C0293G, 36055C0294G, 36055C0295G, 36055C0311G, 36055C0312G, 36055C0313G, 36055C0314G, 36055C0316G, 36055C0317G, 36055C0318G, 36055C0319G, 36055C0336G, 36055C0338G, 36055C0431G, 36055C0432G, 36055C0451G,[1] 36055C0452G, 36055C0456G, 36055C0457G and 36055C0476G, the effective date of which is August 28, 2008, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction.
[1]
Editor's Note: This map panel was revised 6-18-2009 by L.L. No. 1-2009. This local law also stated that A Letter of Map Revision Determination Document issued 4-24-2009 by the Federal Emergency Management Agency and effective 10-21-2009 is filed in the Town of Wheatland Building Department.
(b) 
A scientific and engineering report entitled “Flood Insurance Study, Monroe County, New York, All Jurisdictions,” dated August 28, 2008.
(2) 
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and/or maps are on file in the Town of Wheatland Building Department.
G. 
Interpretation and conflict with other laws.
(1) 
This section includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
(2) 
In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern.
H. 
Penalties for offenses. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Wheatland from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under Subsections S and T will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
I. 
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of Wheatland, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
J. 
Designation of local administrator. The Town of Wheatland Building Inspector is hereby appointed local administrator to administer and implement this section by granting or denying floodplain development permits in accordance with its provisions.
K. 
Purpose of floodplain development permit; fees.
(1) 
Purpose. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Subsection F, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
(2) 
Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Wheatland for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs.
L. 
Permit application. The applicant shall provide the following information as appropriate; additional information may be required on the permit application form:
(1) 
The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones A1-A30, AE or AH or Zone A if base flood elevation data is available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor.
(2) 
The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor.
(3) 
A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Subsection O(3), Utilities.
(4) 
A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in Subsection Q, Nonresidential structures.
(5) 
A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Subsection F, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained.
(6) 
A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property.
(7) 
In Zone A, when no base flood elevation data is available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.
M. 
Powers and duties of local administrator. Duties of the local administrator shall include but not be limited to the following:
(1) 
Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit:
(a) 
Review all applications for completeness, particularly with the requirements of Subsection L, Permit application, and for compliance with the provisions and standards of this section.
(b) 
Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Subsections N through R and, in particular, Subsection N(1), Subdivision proposals.
(c) 
Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Subsections N through R, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application.
(d) 
Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law.
(2) 
Use of other flood data.
(a) 
When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to Subsection L(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this section.
(b) 
When base flood elevation data is not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this section.
(3) 
Alteration of watercourses. The local administrator shall:
(a) 
Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency.
(b) 
Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(4) 
Construction stage. The local administrator shall:
(a) 
In Zones A1-A30, AE and AH and also Zone A if base flood elevation data is available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use).
(b) 
Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
(5) 
Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions.
(6) 
Stop-work orders.
(a) 
The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection H of this section.
(b) 
The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this section and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator to the penalties described in Subsection H of this section.
(7) 
Certificate of compliance.
(a) 
In areas of special flood hazard, as determined by documents enumerated in Subsection F, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this section.
(b) 
A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard.
(c) 
Issuance of the certificate shall be based upon the inspections conducted as prescribed in Subsection M(5), Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit.
(8) 
Information to be retained. The local administrator shall retain and make available for inspection copies of the following:
(a) 
Floodplain development permits and certificates of compliance.
(b) 
Certificates of as-built lowest floor elevations of structures, required pursuant to Subsection M(4)(a) and (b), and whether or not the structures contain a basement.
(c) 
Floodproofing certificates required pursuant to Subsection M(4)(a) and whether or not the structures contain a basement.
(d) 
Variances issued pursuant to Subsections S and T.
(e) 
Notices required under Subsection M(3), Alteration of watercourses.
N. 
General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Subsection F:
(1) 
Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions):
(a) 
Proposals shall be consistent with the need to minimize flood damage.
(b) 
Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage.
(c) 
Adequate drainage shall be provided to reduce exposure to flood damage.
(2) 
Encroachments.
(a) 
Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless:
[1] 
The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
[2] 
The Town of Wheatland agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Wheatland for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Wheatland for all costs related to the final map revision.
(b) 
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Subsection F, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
[1] 
A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during the occurrence of the base flood; or
[2] 
The Town of Wheatland agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Wheatland for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Wheatland for all costs related to the final map revisions.
O. 
Standards for all structures.
(1) 
Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(2) 
Construction materials and methods.
(a) 
New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage.
(c) 
Enclosed areas.
[1] 
For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH and also Zone A, if base flood elevation data is available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[a] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
[b] 
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[2] 
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted.
(3) 
Utilities.
(a) 
New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at or above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated to or above the base flood elevation unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations.
(b) 
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(c) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall.
(d) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
P. 
Elevation of residential structures. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Subsection N(1), Subdivision proposals, and Subsection N(2), Encroachments, and Subsection O, Standards for all structures:
(1) 
Within Zones A1-A30, AE and AH and also Zone A if base flood elevation data is available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the base flood level.
(2) 
Within Zone A, when no base flood elevation data is available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade.
(3) 
Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Subsection F (at least two feet if no depth number is specified).
(4) 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
Q. 
Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in Subsection N(1), Subdivision proposals, and Subsection N(2), Encroachments, and Subsection O, Standards for all structures.
(1) 
Within Zones A1-A30, AE and AH and also Zone A, if base flood elevation data is available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either:
(a) 
Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or
(b) 
Be floodproofed so that the structure is watertight below two feet above the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(2) 
Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
(a) 
Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or
(b) 
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection Q(1)(b).
(3) 
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection Q(1)(b), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.
(4) 
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
(5) 
Within Zone A, when no base flood elevation data is available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.
R. 
Manufactured homes and recreational vehicles. The following standards, in addition to the standards in Subsection N, General standards, and Subsection O, Standards for all structures, apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard.
(1) 
Recreational vehicles.
(a) 
Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:
[1] 
Be on site fewer than 180 consecutive days;
[2] 
Be fully licensed and ready for highway use; or
[3] 
Meet the requirements for manufactured homes in Subsection R(2), (3) and (4).
(b) 
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
(2) 
A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
(3) 
Within Zone A, when no base flood elevation data is available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.
(4) 
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Subsection F (at least two feet if no depth number is specified).
S. 
Appeals board.
(1) 
The Zoning Board of Appeals as established by the Town of Wheatland shall hear and decide appeals and requests for variances from the requirements of this section.
(2) 
The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this section.
(3) 
Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) 
In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section and:
(a) 
The danger that materials may be swept onto other lands to the injury of others.
(b) 
The danger to life and property due to flooding or erosion damage.
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(d) 
The importance of the services provided by the proposed facility to the community.
(e) 
The necessity to the facility of a waterfront location, where applicable.
(f) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(g) 
The compatibility of the proposed use with existing and anticipated development.
(h) 
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
(i) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(j) 
The costs to local governments and the dangers associated with conducting search-and-rescue operations during periods of flooding.
(k) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(l) 
The costs of providing governmental services during and after flood conditions, including search-and-rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
(5) 
Upon consideration of the factors of Subsection S(4) and the purposes of this section, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purpose of this section.
(6) 
The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
T. 
Conditions for variances.
(1) 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in Subsection S(4)(a) through (l) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2) 
Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(a) 
The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure.
(b) 
The variance is the minimum necessary to preserve the historic character and design of the structure.
(3) 
Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(a) 
The criteria of Subsection T(1), (4), (5) and (6) of this section are met.
(b) 
The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.
(4) 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(5) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) 
Variances shall only be issued upon receiving written justification of:
(a) 
A showing of good and sufficient cause.
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing chapters or ordinances.
(7) 
Notification.
(a) 
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that:
[1] 
The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
[2] 
Such construction below the base flood level increases risks to life and property.
(b) 
Such notification shall be maintained with the record of all variance actions as required in Subsection M(8) of this section.
[Added 8-7-1980]
A. 
Purpose. The MHP Mobile Home Park District is intended to provide for areas within the Town of Wheatland where mobile homes and related service facilities may be located in a well organized, planned environment.
B. 
Mapping of district. In order to provide flexibility in the location and design of mobile home parks, MHP Districts shall be designated on the Zoning Map only upon application for and passage of a map amendment in accordance with the provisions of Article X and upon compliance with the provisions of this section.
C. 
Permit required; regulations, standards and specifications. The development and use of land as a mobile home park is permitted in the Town of Wheatland only upon obtaining a permit from the Town Board in accordance with Chapter 89, Mobile Homes and Mobile Home Parks. Use and dimensional regulations within any MHP District shall be as provided in such local law, and the design, construction and operation of mobile home parks shall conform to all standards, specifications and requirements set forth in said local law.
D. 
Procedure. Application for an amendment to the Zoning Map to locate and designate a MHP District thereon shall be submitted at the same time as an application for a mobile home park permit under the Mobile Home Park Local Law. To the extent possible, the two applications shall be processed concurrently so as to promote coordinated consideration of and action on the proposal. Notwithstanding any provision otherwise set forth in this chapter, site plan approval shall not be required for mobile home parks, it being the intent of the Town Board that layout and design plans for mobile home parks be reviewed and approved as provided in the Mobile Home Park Local Law.
A. 
Purpose. The Mine Subsidence Hazard Overlay Area provides supplementary controls over land use in addition to the primary zoning districts and shall be used in combination with such primary districts. In the interest of the public health, safety and welfare, these regulations are intended to protect development located in an area in the Town of Wheatland that has been subjected to underground mining, with much of such area not provided with maps of the undermining. More specifically, the purpose of these supplementary controls is to prevent the erection of habitable structures in an area that could be unsafe due to undermining, to minimize danger to public health by protecting the water supply and promoting safe and sanitary drainage and to reduce the financial burdens imposed on the community or individuals that could be incurred due to subsidence.
B. 
Authorization to administer the provisions of this section. The Planning Board is empowered to implement the provisions of this section in accordance with the standards and procedures set forth in this section.
C. 
Permitted uses. Any use permitted by the primary zoning district which does not require a habitable structure is a permitted use.
D. 
Special exception uses. Any use permitted by the primary zoning district which requires a habitable structure when the requirements of this section, as set forth in Subsection E below, have been met, is a special exception use.
E. 
Requirements or special provisions. Any habitable structure to be located within the Mine Subsidence Hazard Overlay Area indicated on the official Zoning Map of the Town of Wheatland shall prove that there is no hazard involved and shall be subject to the following requirements or provisions:
(1) 
Test borings and an analysis covering the site, spaced no greater than 500 feet apart, shall be provided.
(2) 
Borings shall be taken at the locations of each foundation column or concentrated load bearing foundation member.
(3) 
Methods to correct settling, should it occur, shall be submitted with the application.
(4) 
Plans for handling storm runoff shall be supplied and all storm runoff shall be directed through enclosed conduits to existing surface drainage systems.
(5) 
Any use which results in the major alteration of groundwater levels, such as a concentration of private wells or septic systems, should be prohibited.
(6) 
Private septic systems shall not be allowed if bedrock is within eight feet of the surface.
(7) 
Since there are no known maps delineating the mined areas in the Town of Wheatland, in lieu of test borings, a residential property owner desiring to build in the Mine Subsidence Area may submit a suitable letter to the Town with any evidence available or historical records pertaining to the particular lot in question and absolve the Town of Wheatland of any liability if a cave-in should occur.
[Added 7-10-1980]
[Added 2-1-2007 by L.L. No. 1-2007]
A. 
Purpose. It is the purpose of the AUO Adult Use Entertainment Establishment Overlay District to establish supplemental regulations to the underlying CIP Commercial Industrial Park Districts that recognize the specified purpose and particular needs for the Town to regulate this use as has been established by Local Law No. 2 of 2001, and as may be amended from time to time.
B. 
Establishment of overlay district. The Town of Wheatland Official Zoning Map shall delineate the location of those site(s) for which the Town Board has approved the AUO District zoning.
C. 
The Building Inspector shall be responsible for interpreting the AUO District boundaries delineated on the Official Zoning Map or by site inspection. Anyone aggrieved by this interpretation may appeal to the Zoning Board of Appeals.
D. 
AUO District requirements. Where the AUO District zoning has been established, the requirements of the overlay district shall be met in addition to any requirements specified for site development as contained in either the respective zoning districts, through site plan approval or a special exception use permit approved by the Planning Board.
E. 
Rezoning procedure. Anyone desiring to establish an adult use entertainment establishment shall apply to the Town Board for rezoning of any parcel of land zoned CIP Commercial Industrial Park on the Official Zoning Map to the Adult Use Overlay District. In the event the Town Board decides to hear the application for rezoning, it shall follow all procedures set forth elsewhere in Article X of this chapter.
F. 
AUO District rezoning criteria. The following criteria shall be met before the Town Board may entertain an application for rezoning of the CIP Commercial Industrial Park District to the AUO Adult Use Entertainment Establishment Overlay District:
(1) 
The property lines of any adult use entertainment establishment must be at least 1,000 feet from the boundary line of any adjacent municipality.
(2) 
The property lines of any adult use entertainment establishment must be at least 1,000 feet from the property line of any and all residences or residentially zoned land, schools, day-care facilities, churches (or other religious places of worship), cemeteries, parks, playgrounds, places or other open space areas where large numbers of minors may congregate, or governmental facilities.
(3) 
No adult use entertainment establishment shall be allowed on the same parcel with another such establishment or within 500 feet of another parcel having an adult use entertainment establishment.
(4) 
Each adult use entertainment establishment shall have direct access to a public street or highway.
(5) 
Each Adult Use Entertainment Establishment Overlay District shall be in effect for the time limits established by the Planning Board for such use as a condition of any special exception use permit that may be issued by said Planning Board. Upon the termination of such special exception use permit, the Town Board shall commence action, within 30 days, to amend the Official Zoning Map by eliminating the specified AUO District delineation.
G. 
Application for AUO rezoning applications to be considered by the Town Board shall be made in writing to the Building Inspector on forms provided by the Town. Such application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Building Inspector, including but not limited to the scaled site plan prepared by and certified by a licensed engineer or land surveyor, that contains the following minimum information:
(1) 
A parcel location map and boundary line survey of the property.
(2) 
The portion of the parcel proposed to be developed for the adult use entertainment establishment.
(3) 
An area location map identifying the locations of all uses specified in Subsection F above.
(4) 
The location of all existing or proposed buildings, site access, off-street parking, signage, site lighting, landscaping, drainage and other features as may be required for the applicant to obtain site plan approval from the Planning Board.
(5) 
A completed environmental assessment form.
H. 
AUO rezoning conditions. All AUO zoning, prior to being placed on the Official Zoning Map, shall be conditioned upon the applicant obtaining from the Planning Board a special exception use permit based on the criteria specified in § 130-61A of this chapter, and site plan approval as further specified in § 130-22 of this chapter.
I. 
AUO permit uses.
(1) 
Adult theaters and adult motion-picture theaters are prohibited.
(2) 
All other adult use entertainment establishments as defined herein may be created, opened, commenced, or operated only within the CIP Commercial Industrial Park District upon the Town Board rezoning and mapping said site to the AUO District Overlay and subject further to the requirements set forth in this chapter.
J. 
Violations and penalties.
(1) 
Violations. Adult use entertainment establishments shall be deemed to be in violation of this chapter if the owner, operator or employee has been found to:
(a) 
Be in violation of any of the conditions imposed by the Planning Board as part of any special exception use permit or site plan approval;
(b) 
Refuse to allow an inspection of the establishment;
(c) 
Allow gambling to occur on the premises;
(d) 
Allow the possession, use of, or the sale of a controlled substance on the premises; or
(e) 
Allow any of the specified sexual activities to occur either on the premises, or arrangements for these activities to be made from the premises.
(2) 
Penalties for offenses.
(a) 
Any person, firm, corporation or entity found to be violating any provisions of this section shall be served with a written notice by the Building Inspector, stating the nature of the violation and providing for the immediate correction thereof.
(b) 
Any person, firm, corporation or entity who or which shall violate any portion of this section shall be found guilty of a violation and, upon conviction thereof, shall be fined in an amount not to exceed $500 for each violation. The continuation of a violation of the provisions of this section shall constitute, for each day the violation is continued beyond the initial date of written notice of the violation, a separate and distinct offense hereunder.
(c) 
Any person, firm, corporation or entity violating the provisions of this section shall become liable to the Town for any expense or loss or damage occasioned the Town by reason of such violation.
(d) 
In the alternative, the Town may maintain an action or proceeding in a court of competent jurisdiction to restrain by injunction any violation of this section.
(e) 
The penalties and remedies set forth herein are in addition to all other penalties and remedies provided for by law.
A. 
Purpose. The purpose of site plan approval is to determine compliance with the objectives of this chapter in those zoning districts where inappropriate development may cause a conflict between uses in the same or adjoining zoning districts by creating unhealthful or unsafe conditions and thereby adversely affect the public health, safety and general welfare.
B. 
Authorization to grant or deny site plan approval. The power to approve, or approve with conditions, site plans as required by this section is vested in the Planning Board. Prior to issuing a building permit for the construction of any apartment house, multiple dwelling unit, commercial, industrial or manufacturing building or their accessory buildings or structures, and before any permit for erection of a permanent building in a planned unit development shall be granted, or before any subdivision plat or any part thereof may be filed in the office of the Monroe County Clerk, the authorized official shall refer the site plan and supporting documentation of such project to the Planning Board. All site plan information and dwelling designs shall be prepared by a licensed architect or engineer. All plans shall show the seal and signature of said architect or engineer. In addition, the architect or engineer shall submit to the Town a signed affidavit that the plans for the project were prepared by said architect or engineer, his employees or by an agency of the federal, state or local government. No building permit shall be issued except in accordance with the standards and procedures set forth in this section.
C. 
Preliminary site plan application and approval.
(1) 
Preliminary application. Application for preliminary site plan approval shall be made in writing to the authorized official who shall refer the application, when complete in all respects, to the Planning Board for its review and approval. All applications shall be accompanied by the following information:
(a) 
An economic analysis of the project indicating, when applicable, but not limited to, the following: costs, rentals, taxes, market area and utilities. In addition, the applicant shall provide a full disclosure statement concerning the project.
(b) 
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, their ownership, uses thereon, subdivisions, streets, zoning districts, easements and adjacent buildings within 500 feet of the applicant's property.
(c) 
If grades exceed 3% or if portions of the site have a moderate-to-high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided with an overlay outlining the above susceptible areas, if any.
(d) 
A preliminary site plan, to include the following information:
[1] 
Title of the preliminary layout, including name and address of the developer or developers.
[2] 
North point, scale, date and general location map, and names of owners of adjacent land or names of adjacent subdivisions. The North point should be in the upper right-hand corner of each page or to the right-hand side of each page.
[3] 
Boundaries of the project, plotted to scale. If the developer intends to develop the project in stages, the entire project shall nevertheless be included in the preliminary layout with anticipated stages and timing indicated. The location of proposed land uses and their area in acres; the location, proposed use and height of all buildings; and estimates of population and dwelling units by type shall be provided for each layout or stage and an equivalent population estimate for areas not proposed for residential development.
[4] 
A topographic survey showing ground contours for the parcels and parcels adjacent to and within 200 feet of the project at intervals of not more than five feet of elevation, and all pertinent topographic and planimetric features within the site and the adjoining tract, including existing buildings, watercourses and their one-hundred-year flood limits, water bodies, swamps, wooded areas and individual large trees. Features to be retained in the project should be so indicated. If the proposal is not to be served by a public sanitary sewer system, then the topographic survey shall be provided as above, except at not more than two feet of elevation, and perk test results, administered by the County Health Department, and the layout of the proposed sewage system, shall be indicated.
[5] 
A detailed location map showing the boundaries of the project in relation to adjoining streets, schematically the locations of the nearest elementary school; water and sewer lines, parks and playgrounds within 1/2 mile of the proposed development and other public facilities such as shopping, churches and public transportation routes as appropriate, and land uses adjacent to the proposal.
[6] 
A system for a stormwater drainage system using the following design levels for stormwater engineering:
Size of Basin
(square miles)
Design Frequency
20
100-year
4 — 20
50-year
1 — 4
25-year
Under 1
10-year
[7] 
Existing streets immediately adjoining and within the project and the distance to the nearest major street intersection.
[8] 
Existing drains, water lines and sanitary sewers nearby and within the project with their location, size, type and approximate elevations and gradients, using mean sea level as datum plane. Also shown should be existing easements for such facilities.
[9] 
Proposed source of water supply and method of sewage disposal, including a statement as to who will own the water and sewer systems, a conceptual layout of each system, whether necessary districts are formed or are in process, the receiving sewage treatment plant, the lines, dimensions and purpose of all utility easements, including properly placed fire hydrants and preliminary design of bridges and culverts. (Note: sanitary sewer and water service must be in public ownership. Also, where water mains are not looped, blow-off valves should be provided.)
[10] 
A tracing overlay showing all soils areas and their classification and those areas, if any, with moderate-to-high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include and outline any description of existing vegetation.
[11] 
A separate drainage report which will clearly indicate the basis of design and the intended method of all stormwater disposal and flood hazard prevention, how all runoff will be handled during grading and development operations and erosion and sedimentation prevention measures.
[12] 
The approximate lines and gradients of proposed streets and sidewalks and the names of proposed streets.
[13] 
A preliminary grading plan of the site showing locations and approximate size of cuts and fills and cross section for any final grading steeper than 3:1, or where the cut or fill will be deeper than five feet.
[14] 
The approximate lines of proposed lots, the acreage or square footage contained in each lot and individual lot numbering. If a proposed lot contains one or more existing buildings, the proposed yard dimensions for such buildings shall be indicated.
[15] 
The approximate locations and dimensions of areas proposed for neighborhood parks or playgrounds or other permanent open space.
[16] 
The location of any municipal boundary lines, existing special service district lines and zoning district lines within the project.
[17] 
Location of all parking and truck-loading areas with access and egress drives thereto.
[18] 
Type and location of any potentially hazardous materials of any nature.
[19] 
Location and quality of water bodies directly affected by and adjacent to the project and finish or design water levels.
[20] 
Will there be any request or is there now a need to obtain a variance or special permit, and if so, why; does the proposal require any state or federal permit, and if so, what type of permit; does the proposal require an environmental impact statement?
[21] 
Location of buffers required either during or after construction is completed and the reason for buffer and location of other proposed vegetation and the location of all other site improvements whether public or private.
[22] 
Proposal's relationship to municipal comprehensive plans or open space plans.
[23] 
Location, size and type of proposed lighting and any anticipated signs.
[24] 
Name or names of the landscape architect and/or licensed professional engineer and licensed land surveyor responsible for the preparation of the preliminary layout and preliminary information.
[25] 
Delineation of the various residential areas, if applicable, indicating for each such area its general extent, size and composition in terms of total number of dwelling unit type, general description of the intended market structure and a calculation of the residential density in dwelling units per gross acre for each such area.
[26] 
When applicable, a general description of the provisions of other community facilities, such as schools, fire protection services and cultural facilities, if any, and indication of how these needs are proposed to be accommodated.
(e) 
In addition, the following documentation shall accompany the preliminary site plan:
[1] 
Evidence of how the developer's particular proposal or mix of land uses meets existing community needs.
[2] 
Evidence that the proposal is compatible with the goals of the comprehensive plan.
[3] 
If the development is to be staged, a general indication of how the staging is to proceed.
[4] 
Whether or not the development is to be staged, the preliminary plan shall show the intended project. Any project that requires more than 24 months to complete shall be staged.
(f) 
The Planning Board may require such additional information that appears necessary for a complete assessment of the project.
(2) 
Preliminary approval.
(a) 
Within 62 days of the receipt of a certified complete preliminary site plan application from the authorized official, the Planning Board shall act on it. In scheduling public hearings and review timeframes, the Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations, as set forth in Town Law § 274-a. The Planning Board's action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is conditionally approved. A copy of the appropriate minutes of the Planning Board shall be sufficient report. The Planning Board's review of a preliminary site plan shall include, but is not limited to, the following considerations:
[Amended 2-1-2007 by L.L. No. 1-2007]
[1] 
Adequacy and arrangement of vehicular traffic access and circulation.
[2] 
Adequacy and arrangement of pedestrian traffic access and circulation.
[3] 
Location, arrangement, appearance and sufficiency of off-street parking and loading.
[4] 
Location, arrangement, size and design of buildings, lighting and signs.
[5] 
Relationship of the various uses to one another and their scale.
[6] 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise deterring buffer between adjacent uses and adjoining lands.
[7] 
Adequacy of stormwater and sanitary waste disposal.
[8] 
Adequacy of structures, roadways and landscaping in areas with moderate-to-high susceptibility to flooding, ponding and/or erosion.
(b) 
The Planning Board's statement may include recommendations as to desirable revisions to be incorporated in the final site plan, of which conformance with shall be considered a condition of approval. If the preliminary site plan is conditionally approved, the Planning Board's statement shall contain the reasons for such findings. In such case, the Planning Board may recommend further study of the site plan and resubmission of the preliminary site plan to the Planning Board after it has been revised or redesigned. No modification of existing stream channels, filling of lands with a moderate-to-high susceptibility to flooding, grading or removal of vegetation in areas with moderate-to-high susceptibility to erosion, or excavation for and construction of site improvements, shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of this chapter and, where necessary, final site plan approval may require the modification or removal of unapproved site improvements.
D. 
Final site plan application and approval.
(1) 
Final application. After receiving conditional approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his final site plan and apply in writing to the authorized official, who shall refer the application, when complete in all respects, to the Planning Board for its review and approval. However, if more than six months, or 12 months in the case of a planned unit development, have elapsed between the time of the Planning Board's report on the preliminary site plan, and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review. The final site plan shall conform to the approved preliminary site plan and shall incorporate any revisions or other features that may have been recommended by the Planning Board at the preliminary review. All compliances shall be clearly indicated by the applicant.
(2) 
Final approval. Within 62 days of the receipt of the certified complete final plan application from the authorized official, the Planning Board shall render a decision to the Building Inspector. If no decision is made within the sixty-day period, the final site plan shall be considered approved.
[Amended 2-1-2007 by L.L. No. 1-2007]
(a) 
Upon approval, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Building Inspector, who shall then issue a building permit if the project conforms to all other applicable requirements.
(b) 
Requirements for improvements shown on the site plan shall be those set forth in this chapter and in other ordinances, rules and regulations or in construction specifications of the municipality.
E. 
Special provisions applying to development requiring site plan approval.
(1) 
Adequate stormwater drainage shall be provided and shall be based on a ten-year rainfall frequency for interior drainage design. A project shall be in or part of a drainage district.
(2) 
The storage or accumulation of refuse shall not be permitted in any area outside a building.
(3) 
Any project with only one access road shall have an alternate clear accessway available for the use of emergency vehicles.
(4) 
All projects shall be suitably landscaped, including the provision of vegetation of suitable species and at appropriate levels of maturity in order to screen effectively dissimilar uses from one another, both visually and acoustically, and to protect and enhance the overall quality of the environment. A landscaping plan shall be prepared by a licensed landscape architect and shall show his seal and signature.
(5) 
All projects shall have landscaping equal to a minimum expenditure of 1% of the total project cost. Landscaping shall be considered as any living plant but shall not include excavating, earth moving, fill, grading or paving associated with normal requirements of building. In addition, all projects shall contain on the site, on or in the building, but not to include the inside of an apartment, employee space, assembly or storage area, artwork of a minimum expenditure of 1/2 of 1% of the total project cost. Artwork may be painting, sculpture, gardens, fountains, pools or other artwork approved by the Town.
(6) 
The following special provisions apply only to multifamily developments or to multifamily, townhouse and other multiresidential unit structures or portions of a planned unit development:
(a) 
Every development shall have within it suitable open space available for the use of the residents. Four hundred square feet of such open space per resident family is an adequate reservation. Development of this open space for passive and/or active recreational uses shall be provided in a manner suitable to the prospective occupants of the development. Area devoted to swimming pools and other such formal recreation areas shall be considered in meeting this requirement. Yard areas may also be so considered as long as access to them is not prohibited by fencing or other means; but parking areas shall not be included in such assessment.
(b) 
No part of any basement shall be used for living units.
(c) 
All living units shall have a storage area in the same building, but not in the apartment, of at least 7% of the living unit, and the smallest dimension shall not be less than four feet.
(d) 
Buildings shall be located so that the privacy of individual units is protected, so that their arrangement creates usable open spaces, avoids monotonous undifferentiated silhouettes and produces a satisfactory microclimate.
(e) 
Sidewalks shall be provided and be integrally designed so as to provide safe and convenient access between buildings and between buildings and internal recreation, parking and service areas.
(f) 
A school bus loading area shall be provided that meets necessary safety standards and locational needs.
(7) 
Greenspace, open space and landscaping. The Planning Board will, during site plan approval, review and require greenspace, open space and landscaping for each application. The Planning Board shall require each development to have sufficient greenspace, open space and landscaping in order to maintain the character and feel of a rural, small-town community, to preserve and enhance our historic character, to assure compatibility of uses and to enhance the health, safety and general welfare of the residents of the Town of Wheatland.
[Added 3-3-2016 by L.L. No. 3-2016]
(8) 
Community impact statement. The Planning Board may require the applicant to prepare a community impact statement and require the applicant to contribute to costs of community impacts outside the project area. These items include but are not limited to traffic, street lighting, sidewalks, water, sewers, schools, crossing guards, fire, ambulance, and police. Such applicant contribution at the Board's discretion may be made to a fund to offset the project's impact.
[Added 3-3-2016 by L.L. No. 3-2016]
(9) 
Buffer area. The Planning Board may require the applicant to establish a buffer area or areas between different use districts, location, size and type of proposed landscaping and buffer planting and the designation of those areas of natural vegetation not to be disturbed, including any areas to be preserved as a buffer area or open space. The buffer area should be a minimum of 100 feet to 200 feet deep.
[Added 3-3-2016 by L.L. No. 3-2016]
(10) 
Site improvements. The Planning Board may require the applicant to make any site improvements within the project, including, but not limited to, roadways, access roads, streetlights, sidewalks, fire hydrants, walking trails and bike paths.
[Added 3-3-2016 by L.L. No. 3-2016]
(11) 
Lighting. The Planning Board may require the applicant to provide a study of the impacts of the project's lighting such as height, size, coverage and impacts outside the project area. The Planning Board may require the applicant to provide mitigation for any adverse impacts to the area.
[Added 3-3-2016 by L.L. No. 3-2016]
(12) 
Sound. The Planning Board may require the applicant to provide a study of the impacts of the project's sound and impact outside the project area. The Planning Board may require the applicant to provide mitigation for any adverse impacts to the area.
[Added 3-3-2016 by L.L. No. 3-2016]
(13) 
Design.
[Added 3-3-2016 by L.L. No. 3-2016]
(a) 
It is the intent of the Town of Wheatland to maintain a rural and small-town look and feel. The intent of these regulations is to provide specific design guidelines that achieve the following:
[1] 
Encourage development and redevelopment that protects and enhances the traditional small-town character, fits within the traditional urban form and creates a character that reinforces a sense of community identity;
[2] 
Encourage a form of development that will achieve the physical qualities necessary to maintain and enhance the economic vitality of the various business districts, maintain the desired character of the Town, prevent the creation of blight and protect property values;
[3] 
Promote the preservation and renovation of historic buildings and sites; and ensure new buildings are compatible with, and enhance the character of, the Town's cultural, social, economic, and architectural heritage;
[4] 
Implement recommendations of the Master Plans.
[5] 
Preserve and protect exceptional terrain, natural beauty, or sites of historic interest from the insensitive placement of structures, roadways, utilities and appurtenances.
(b) 
The Planning Board may establish design guidelines and review the design of any project structure. The Planning Board may require the applicant to provide mitigation for any adverse impacts to the area and maintain a small town look and feel. New structures and alterations of existing structures and sites shall achieve a consistent and harmonious relationship to the streetscape. Alterations shall reflect the architectural integrity of the complete building and use, including proportions, materials, colors and textures that complement rather than compete with the overall facade.
(14) 
Underground facilities. Where underground facilities exist such as high-pressure gas pipelines and petroleum pipelines, the applicant must note on any maps and submissions and provide information on the possible impacts to the project.
[Added 3-3-2016 by L.L. No. 3-2016]
(15) 
Fire department access. A key box for the Fire Department approved by the Town Fire Marshal shall be required for all commercial, educational or multifamily buildings.
[Added 3-3-2016 by L.L. No. 3-2016]
F. 
Public hearing on site plan approval. Before a site plan is approved, the proposed site plan shall be considered by the Planning Board at a public hearing. Notice of said hearing shall be given as provided in Town Law § 274-a, Subdivisions 8 and 9.
[Amended 2-1-2007 by L.L. No. 1-2007]
G. 
Appeal. The applicant or any interested person may appeal a decision of the Planning Board to the Town Board. The appeal procedures shall be as set forth in § 130-65.
[1]
Editor's Note: See also § 130-71 of this chapter.