The regulations set by this chapter shall be
the minimum regulations within each district and shall apply uniformly
to each class or kind of structure or use of land, except as hereinafter
provided:
A.
No building, structure or land shall hereafter be
used or occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered, except in conformity with all the regulations herein specified
for the district in which it is located.
B.
No building or structure shall hereafter be erected
or altered which:
(1)
Exceeds the height limitation for any structure within
a specified district;
(2)
Accommodates or houses a greater number of dwelling
units;
(3)
Occupies a greater percentage of lot area; or
(4)
Has narrower or smaller yards or other open spaces
than herein required or is in any other manner contrary to the provisions
of this chapter and the requirements of the New York State Uniform
Code.
C.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, except as provided in Article XII.
D.
No yard or lot existing at the time of enactment of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet or exceed the minimum requirements
established herein.
E.
Only two unlicensed, unregistered vehicles would be
stored on any lot, behind the front line of the principle residence
and within the setback requirements of an accessory structure within
that district.
F.
The parking of not more than two unregistered motor vehicles for
sale on the premises of the principal residential structure, subject
to the following conditions:
[Added 8-22-2016 by L.L.
No. 2-2016]
(1)
Up to five unregistered vehicles for which the resident holds title
thereto may be sold or offered for sale in any twelve-month period.
(2)
Each vehicle to be displayed for sale shall require a temporary use
permit issued by the Code Enforcement Officers and shall be affixed
to the inside window of said vehicle. Said permit shall state the
Town of East Bloomfield has no liability as to the warranty or condition
of said motor vehicle.
(3)
Each temporary use permit shall be valid for a period of 60 days
and may be renewed by the Code Enforcement Officer once for an additional
period not to exceed 60 days.
(4)
In no event shall a vehicle be displayed for sale which exceeds 120
days during any twelve-month period commencing with the date of first
issuance of the temporary use permit.
(5)
Each vehicle displayed for sale shall have a sign affixed to the
vehicle's windshield advertising the vehicle for sale and the phone
number of the owner. In addition, a single price sign may be affixed
to the vehicle's windshield stating the asking price of the vehicle.
(6)
No unregistered vehicle advertised for sale shall be parked within
any public right-of-way and not closer than 15 feet to a property
line.
G.
A ground-mounted satellite dish is subject to the minimum setback
requirements. Not more than one dish not more than 12 feet in diameter
and 16 feet in height may be permitted for each property. A site development
permit issued by the Code Enforcement Officer shall be required prior
to erecting such satellite dish. (This regulation does not apply to
TV satellite dishes three feet in diameter or smaller.) Although locations
in side and rear yards are encouraged, a ground-mounted satellite
dish may be located in a front yard if the applicant can demonstrate
to the satisfaction of the Planning Board that locating the dish in
either side or rear yard would not provide adequate reception.
[Added 8-22-2016 by L.L.
No. 2-2016]
H.
Solar arrays. A building permit issued by the Code Enforcement Officer
shall be required prior to erecting solar arrays. A building- or structure-mounted
solar array must have a letter from a professional engineer or registered
architect certifying that the existing structure can support the additional
gravity and wind loads of the solar energy system.
[Added 8-22-2016 by L.L.
No. 2-2016; amended 9-13-2021 by L.L. No. 4-2021]
(1)
Height restrictions. Solar energy systems shall not exceed the maximum
height restrictions of the zoning district within which they are located
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(2)
Site plan review. Roof-mounted solar energy systems shall be exempt
from site plan review under the local zoning code or other land use
regulations. All solar energy system installations must be performed
in accordance with all applicable electrical and building codes, manufacturer's
instructions, and industry standards. Prior to the operation of the
solar energy system, it must be inspected by the Code Enforcement
Officer or by an appropriate electrical inspector or agency. When
mechanical equipment, batteries, or storage cells are included as
part of the solar energy system, they must be placed in a secure container
or enclosure in compliance with New York State Building Code. Where
site plan approval is required elsewhere in the regulations of the
Town, the site plan review shall include review of the adequacy, location,
arrangement, size, design, and general site compatibility of the proposed
solar energy system. Although locations in side and rear yards are
encouraged, a ground-mounted solar panel may be located in a front
yard if the applicant can demonstrate to the satisfaction of the Planning
Board that locating such solar arrays in the side or rear yard would
not provide adequate coverage.
(3)
Abandonment. When no longer in use, solar energy systems shall be
disposed of in accordance with the laws and regulations of Ontario
County and other applicable laws and regulations. If a solar energy
system ceases to perform its originally intended functions for more
than 12 consecutive months, it will be deemed abandoned and shall
be removed within 90 days. Applications for extensions are reviewed
by the Code Enforcement Officer. Extensions are limited to 90 days.
(4)
Reflective glare. All solar panels and solar energy systems shall
be situated to prevent reflective glare toward any inhabited buildings,
adjacent properties, or public roads.
(5)
Setbacks. A ground-mounted solar array is subject to the minimum
setback requirements for an accessory structure. Height and setbacks
for ground-mounted solar energy systems shall adhere to the setback
requirements and a maximum height of 15 feet.
A.
Purpose. The purpose of the AR-2 Agricultural Rural
Residential District is to encourage a proper environment to foster
normal agricultural operations and rural residential land uses; to
maintain an open rural character of the community; to protect viable
agricultural soils; to assure compatible types and densities of rural
development on lands where public sewers and water service do not
exist and are not envisioned in the near future; and to protect groundwater
quality to the greatest extent possible by controlling development
over established aquifers.
B.
Permitted principal uses.
(1)
Normal agricultural farming operations and the use
of land for agricultural production purposes, including the keeping,
breeding and raising of cattle, dairy farms (including dairies), sheep,
goats, pigs, fowl and horses.
(2)
Buildings and structures used in support of exclusive
agricultural operations.
(3)
Boarding of animals, excluding the renting or leasing
of animals or kennels associated with exclusive farm operations, provided
that no kennel, stable or shelter for such animal shall be closer
than 100 feet to the boundary of any other zone district.
(4)
Single-family dwellings, not to exceed one principal
structure per lot. Where two or more single-family dwellings exist
on a lot of record at the time of enactment of this chapter, each
dwelling shall conform to the requirements of this chapter which otherwise
would be applicable to each single-family dwelling if it were on a
separate lot of record.
(5)
The rendering, slaughtering and dressing of animals
raised on the premises and located on a lot of record having at least
five acres of land.
(6)
The keeping, breeding and raising of cattle sheep,
goats and horses associated with exclusive rural residential uses,
subject to the following restrictions:
(a)
No stable, similar animal housing or confining
areas shall be allowed on lots of less than five acres.
(b)
No structure housing up to five animals shall
be located closer than 100 feet to any property line. No structure
housing more than five such animals shall be located closer than 150
feet to any property line.
(c)
There shall be no piling of manure within 200
feet of a lot line.
(d)
Horses.
[Added 8-22-2016 by L.L.
No. 2-2016]
[1]
One to two horses are required to have a minimum lot size of
two acres and are subject to a special use permit and site plan review.
[2]
Three to five horses are required to have a minimum lot size
of five acres with no review required, an additional acre per horse
for six to 10 horses, and an additional 1/2 acre per horse over 10
horses.
(7)
The keeping, breeding and raising of pigs and fowl
when associated with an exclusive agricultural operation and subject
to the following restrictions:
(a)
All fowl shall be confined in shelters which
shall not be any closer than 150 feet to any property line.
(b)
Wet litter disposal operations shall be permitted
only under the following conditions:
[1]
All buildings containing pigs, fowl or litter
shall not be any closer than 150 feet from any street or lot line
and no closer than 750 feet from the nearest residence building on
an adjacent lot.
[2]
The storage area of the liquid tanks shall be
no smaller than the floor area of the confine.
[3]
The liquid storage tanks shall be at least six
feet deep.
[4]
Sludge or other products produced by the operation
must be stored in a tank or suitable container until removed.
(8)
Public parks and recreational sites.
(9)
Manufactured homes (mobile homes).
[Added 12-16-1996 by L.L. No. 4-1996]
(a)
The siting of single-wide manufactured homes shall be permitted only in mobile home parks within the Town of East Bloomfield, unless said manufactured home is sited in accordance with § 135-42C(9) of this chapter.
(b)
A single-wide manufactured home sited under
the provisions of this chapter shall have a living area of not less
than 750 square feet. If the manufactured home sought to be sited
is a double-wide, it shall have a living area of not less than 960
square feet and shall be at least 20 feet wide.
[Amended 1-22-2001 by L.L. No. 1-2001]
(c)
A double-wide factory manufactured home installed
in a mobile home park or on its own building lot shall be owned by
said applicant and shall be used solely for single-family residential
occupation.
(d)
Each double-wide manufactured home sited on
its own building lot must be on a full perimeter foundation with concrete
or concrete block foundation walls extended below the frost line and
must be affixed to said foundation strictly in accordance with the
manufacturer's specifications.
(e)
All manufactured homes newly sited in the Town
of East Bloomfield shall be required to meet all federal, state and
local laws at the time of application.
C.
Permitted accessory uses and structures.
(1)
Private garages or carports for the parking of automobiles
of residents on the premises.
(2)
Customary accessory structures serving residential
uses, including, but not limited to, private swimming pools, hot tubs
and storage buildings, all subject to the provisions of this chapter.
(3)
Customary farm accessory buildings for the storage
of products or equipment or shelter of animals all subject to the
provisions of this chapter.
(4)
Permanent structures for the display of agricultural
and nursery products grown principally by the operator subject to
the following restrictions:
(a)
Such structures shall not exceed 2,000 square
feet of floor area.
(b)
Not more than 1/2 of the total floor area shall
be for the display and sale of products grown off the premises.
(c)
Such structures shall conform to the minimum
setback requirements for accessory buildings in this district as specified
in the schedule.
(d)
Sufficient land area shall be provided to accommodate
off-street parking for not less than three vehicles on site. In no
event shall a structure be allowed to continue when parking along
a public highway becomes a traffic safety concern.
(5)
Roadside produce stands of a nonpermanent nature (movable
and temporary) may be utilized for the sale of seasonal agricultural
products grown principally by the operator, under the following conditions:
(a)
The stand shall not exceed 500 square feet of
floor area and shall be set back not less than 30 feet from the edge
of the pavement of the highway and outside the highway right-of-way.
(b)
Ground display area for produce shall not exceed
twice the size of the stand and shall be located behind the front
of the stand away from on-site parking area and site access.
(c)
Sufficient land area shall be provided to accommodate
off-street parking for not less than three vehicles on site. In no
event shall a stand operation be allowed to continue when parking
occurs along a public street and becomes a traffic safety concern.
(d)
Signage will be allowed only on the site and
only during the seasonal use of the structure.
(6)
A ground-mounted satellite TV dish antenna subject
to the minimum setback requirements. Not more than one dish not more
than 12 feet in diameter and 16 feet in height may be permitted for
each property. A site development permit issued by the Code Enforcement
Officer shall be required prior to erecting such dish antennae. Although
locations in side and rear yards are encouraged, a ground-mounted
satellite TV dish antenna may be located in a front yard if the applicant
can demonstrate to the satisfaction of the Planning Board that locating
the dish in either the side or rear yard would not provide adequate
reception.
(7)
Tennis courts for private use.
(8)
Home occupations or home professional occupations.
The Code Enforcement Officer may approve a site development permit
for a home occupation or a home professional occupation in this district,
provided that the following standards are maintained:
[Amended 6-9-2003 by L.L. No. 1-2003]
(a)
All home occupations shall be conducted only
in the dwelling, which is the principal residence of the practitioner,
or an accessory structure on the same parcel. The enterprise shall
not occupy more than 25% of the dwelling. It may occupy any portion
of an accessory structure. In no circumstances shall the enterprise
occupy in excess of 500 square feet.
(b)
In no way shall the appearance of the property
be altered or the occupation be conducted in a manner which alters
the residential nature of the parcel. A minimum of two off-street
parking spaces will be required for customers and employees. No outside
storage of vehicles, equipment, products or material used by the home
occupation will be allowed.
(c)
Not more than one full-time or two part-time
nonresidents of the home shall be employed per residential unit.
(d)
No use shall create noise, traffic, dust, vibration,
smell, smoke, glare, electrical interference, fire hazard or any other
nuisance or hazard to a greater or more frequent extent than a typical
residential use in the neighborhood.
(e)
Retail sales are acceptable, provided the product
is manufactured on the premises or is incidental to the service provided.
No products are to be displayed on the property outside the residence.
There shall not be anticipated more than one customer visit at a time.
(9)
Mobile home dwelling units when used in conjunction
with an established agricultural operation subject to the following
restrictions:
(a)
The minimum parcel of land on which mobile home
dwelling units can be located is 10 acres. The total number of mobile
home dwelling units allowed shall not exceed an overall density of
one unit per acre.
(b)
Each mobile home dwelling unit shall be for
single-family use only and must be maintained by the owner of the
agricultural property.
(c)
Each mobile home dwelling unit shall be used
exclusively for the residence of a full-time employee, retained by
the property owner, engaged in the customary agricultural and farming
operations. In the event that a mobile home dwelling unit becomes
vacant for a period of 12 months, said unit shall be removed from
the property. Each new occupant shall require a new certificate of
occupancy to be issued by the Code Enforcement Officer.
[Amended 8-22-2016 by L.L. No. 2-2016]
(d)
Each unit shall have a potable water supply
and septic system.
(e)
Each dwelling unit and its water/septic system shall be shown on a site plan approved by the Planning Board, in accordance with Article XI of this chapter.
(f)
No permanent accessory structures shall be attached
to a mobile home dwelling unit unless site plan approval has been
granted by the Planning Board.
(g)
Each dwelling unit shall meet all code requirements
and be skirted and tied securely to the ground.
(h)
Off-street parking shall be provided for each
mobile home dwelling unit.
(10)
[1]Other accessory uses not specified herein may be approved
by the Town Planning Board, provided that the Board determines that
such uses are clearly accessory to the permitted principal use and
consistent with the intent of the zone district and this chapter.
[1]
Editor’s Note: Former Subsection C(10), concerning the parking of two unregistered motor vehicles for sale at a principal residential structure, was repealed 8-22-2016 by L.L. No. 2-2016, which local law redesignated former Subsection C(11) as Subsection C(10). Regarding the parking of unregistered motor vehicles for sale, see § 135-41F.
D.
Special permitted uses approved by Planning Board. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Town Planning Board:
(1)
Essential services, public utilities or communications
installations.
(2)
Public and semipublic uses and buildings.
(3)
Private or commercial airstrips.
(4)
Campgrounds.
(5)
Stables or riding academies where animals are boarded,
rented or leased.
(6)
Kennels.
(7)
Windmills or wind generators.
(8)
Keeping of animals on parcels less than five acres.
(9)
Tourist homes/bed-and-breakfast establishments.
[Amended 2-24-1992 by L.L. No. 1-1992]
(10)
Special entertainment uses/events.
[Added 2-26-1992 by L.L. No. 1-1996]
(11)
Firewood cutting and sales.
[Added 8-22-2016 by L.L.
No. 2-2016]
(12)
Accessory residential dwellings.
[Added 6-28-2021 by L.L. No. 1-2021]
(13)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
G.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI, of this chapter.
A.
Purpose. The purpose of the RR-1 Rural Residential
District is to promote the orderly development of single-family and
two-family sites located in rural areas of the community where neither
public water or sewer exists; to maintain a transitional low density
residential zone between the AR-2 Agricultural Rural Residential District
and the R-1-30 Residential District; and to maintain the rural character
of the community.
B.
Permitted principal uses.
(1)
One single-family dwelling per one acre minimum lot.
(2)
One two-family dwelling unit per 1 1/2 acres
minimum lot.
(3)
Normal agricultural farming operations and the use
of land for agricultural production purposes, including the keeping,
breeding and raising of cattle, dairy farms (including dairies), sheep,
goats, pigs, fowl and horses.
(4)
Buildings and structures used in support of exclusive
agricultural operations.
(5)
The keeping, breeding, and raising of cattle, sheep,
goats and horses associated with exclusive rural residential uses,
subject to the following restrictions:
(a)
No stable, similar animal housing or confining
areas shall be allowed on lots of less than five acres.
(b)
No structure housing up to five animals shall
be located closer than 100 feet to any property line. No structure
housing more than five such animals shall be located closer than 150
feet to any property line.
(c)
There shall be no piling of manure within 200
feet of a lot line.
(6)
Public parks and recreational sites.
(7)
Manufactured homes (mobile homes) (see § 135-42B(9)).
[Added 12-16-1996 by L.L. No. 4-1996]
C.
Permitted accessory uses and structures. Those uses first listed and regulated in § 135-42C above are also permitted and regulated as accessory uses in the RR-1 Rural Residential District.
[Amended 8-22-2016 by L.L. No. 2-2016]
D.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Town Planning Board.
(1)
Essential services, public utilities or communications
installations.
(2)
Public and semipublic uses and buildings.
(3)
Kennels.
(4)
Windmills or wind generators.
(5)
Residential conversions.
(6)
Barbershops and beauty shops.
(7)
Nursery or day-care centers.
(8)
Keeping of animals.
(9)
Tourist homes/bed-and-breakfast establishments.
[Amended 2-24-1992 by L.L. No. 1-1992]
(10)
Special entertainment uses/events.
[Added 2-26-1996 by L.L. No. 1-1996]
(11)
Accessory residential dwellings.
[Added 6-28-2021 by L.L. No. 1-2021]
(12)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
E.
Dimensional requirements. The dimensional requirements
for this district are specified in Schedule I, which is a part of
this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI of this chapter.
A.
Purpose. The purpose of the R-1-30 Residential District
is to promote orderly single-family development on sites that have
public water but no public sewers; to maintain a transitional residential
density zone between the RR-1 District and the Village of Bloomfield
Zoning Districts; and to maintain the rural residential character
of the community.
B.
Permitted principal uses.
(1)
One single-family dwelling per lot.
(2)
Public parks and playgrounds.
(3)
Manufactured homes (mobile homes) (see § 135-42B(9)).
[Added 9-16-1996 by L.L. No. 4-1996]
C.
Permitted accessory uses and structures.
(1)
Private garages or carports for the parking of automobiles
of residents on the premises.
(2)
Customary accessory structures serving residential
uses, including, but not limited to, private swimming pools, hot tubs,
storage buildings and greenhouses, pet shelters and fireplaces.
(3)
Other accessory uses not specified herein may be approved
by the Town Planning Board, provided that the Board determines that
such uses are clearly accessory to the permitted principal use and
consistent with the purpose and intent of the zone district and this
chapter.
D.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Town Planning Board:
E.
Dimensional requirements. The dimensional requirements
for this district are specified in Schedule I, which is a part of
this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI of this chapter.
A.
Purpose. The purpose of the MR Multiple Residence
District is to permit, where appropriate, the construction and development
of multiple-family residences in the town. At the same time, the Town
does not desire the large-scale development of these units to the
extent that large areas of the Town would be devoted to such use and
single-family residences would be incompatible. Accordingly, additional
areas may be zoned as a MR District upon application for a specific
proposal in accordance with the normal rezoning procedures. In reaching
its decision, the Town Board shall consider the general criteria set
forth in this chapter, the most current Master Plan for the Town and
this statement of purpose. Areas proposed to be zoned MR shall be
served by sanitary sewers and public water.
B.
Permitted principal uses. The following uses are permitted
in the MR District:
(1)
Apartment houses, multiple dwellings and dwelling groups, condominiums and cooperatives in accordance with standards set forth in § 135-47 of this chapter.
(2)
Two-family dwelling unit structures.
(3)
Public and semipublic uses and buildings, excluding
maintenance, storage or repair facilities.
(4)
Public or private schools accredited by the New York
State Department of Education.
D.
Special permitted uses. The following uses may be permitted, consistent with the provisions of Article X, provided that a special use permit is approved by the Town Planning Board:
[Amended 8-22-2016 by L.L. No. 2-2016]
(1)
Home occupations [see AR-2 District, Subsection C(8), for standards].
(2)
Essential services, public utility substations and uses, excluding
power plants or repair yards and warehouses or uses similar in nature.
(3)
Townhouse clusters and developments.
(4)
Rooming houses.
(5)
Residential conversions.
(6)
Large-scale
solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
E.
Dimensional requirements and design standards.
(1)
The dimensional requirements for this district are
specified in Schedule I of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(2)
In addition to the dimensional requirements set forth
in Schedule I,[2] the following site design standards shall be applicable
to all townhouse dwelling unit and multiple-dwelling unit developments:
(a)
Townhouse dwelling unit site design standards.
[1]
Tract area. The minimum tract area for townhouse
development shall not be less than three acres.
[2]
Density. Overall site density shall not exceed
five dwelling units per gross acre, and not more than eight dwelling
units shall be allowed on any one acre of land.
[5]
No exterior wall shall exceed 100 feet in length
unless there is a lateral offset of at least eight feet in its alignment
not less frequently than along each 100 feet of length of such exterior
wall.
[6]
Each townhouse dwelling unit grouping shall
contain not more than seven units.
[7]
Parking requirements. Requirements for off-street parking as provided in Article XII of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that such lots shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve. In addition to the standards required in Article VIII, the following standards shall be met:
(b)
Apartments and multiple-family dwelling units
site design standards:
[1]
Tract area. The minimum tract area for apartments
and multiple-family dwelling developments shall not be less than three
acres.
[2]
Density. Density shall not exceed eight dwelling
units per gross acre.
[3]
Floor areas. Minimum floor areas, exclusive
of common areas such as halls, foyers and basement utility areas,
shall be as follows:
[4]
Open space. There shall be at least 400 square
feet of common open space exclusive of the required setback areas,
buffer strips and parking areas which shall be designated for recreation,
active and/or passive, for each multiple-dwelling unit.
[5]
Apartment buildings or multifamily dwellings
shall contain no more than eight dwelling units.
[7]
Unit design standards. Each multiple-family
dwelling unit building within a multiple-family development site shall
be regulated as follows:
[a]
Minimum distance between buildings
shall be 50 feet.
[b]
Direct line of sight visibility,
from front to rear, from one building to another, shall not be less
than 100 feet.
[c]
Every building shall have a minimum
setback of 25 feet from all interior roads, driveways and parking
areas.
[d]
A strip of land around each multiple-family
building, at least six feet in width, shall be kept completely open,
except for foundation plantings of less than six feet in height.
[e]
Court yards bounded on three sides
by the wings of a single building or by the walls of separate buildings
shall have a minimum court width of two feet for each one foot in
height of the tallest adjacent building.
[f]
No exterior wall shall exceed 100
feet in length unless there is a lateral offset of at least eight
feet in its alignment not less frequently than along each 100 feet
of length of such exterior wall.
[g]
All stairways to the second floor
or higher shall be located inside the building.
[8]
Access to public roads.
[a]
All apartment and/or multiple-family
dwelling developments shall have direct access to a public road.
[b]
Where there are 12 or more dwelling
units in a development, access from the common parking area(s) to
the public road must be provided by either a private driveway or a
road dedicated to the Town by the developer.
[c]
Where there are 50 or more dwelling
units in a development, the Town Planning Board may require an additional
access, to that required above, to a public road as a condition of
site plan approval.
[d]
In no event shall the Town Planning
Board allow more than 150 units to be served by one access to a public
road.
[9]
Services.
[a]
Each dwelling unit shall contain
complete kitchen facilities and toilet, bathing and sleeping facilities.
[b]
There shall be a minimum common
storage area in each building for bicycles, perambulators and similar
types of equipment of 40 square feet in area, a minimum of five feet
in height and not less than four feet in width per each dwelling unit.
[c]
Within each building there shall
be sufficient laundry, drying and other utility areas.
[d]
Garbage storage areas shall be
provided for each building. Such facilities shall be located with
a view both to convenience and to minimizing the detrimental effect
on the aesthetic character of the building(s) and shall be enclosed
and shielded from view by fencing, walls or shrubbery of at least
six feet in height around the perimeter. Fencing and walls shall be
not more than 50% open on the vertical surface.
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Site plan approval. No site preparation or construction
shall commence until site plan approval has been approved by the Planning
Board and permits have been issued by all governmental agencies involved,
for any development within the MR Multiple Residence District.
A.
Purpose. The purpose of the CC Community Commercial
District uses is to provide a range of integrated and planned commercial
areas and facilities necessary to serve the needs of the population
of the Town and traveling public.
B.
Permitted principal uses.
(1)
Generally recognized retail businesses which supply
commodities on the premises for persons such as, but not limited to,
groceries, meats, dairy products, baked goods or other foods, drugs,
dry goods, clothing and notions.
(2)
Personal service establishments which perform services
on the premises such as, but not limited to, repair shops (watches,
radio, television, shoe, etc.), tailor shops, beauty parlors or barbershops,
banks, photographic studios and self-service laundries.
(3)
Shopping centers, malls, plazas or other grouping
of commercial uses and buildings.
(4)
Dry-cleaning establishments or pickup stations, dealing
directly with consumer. Central dry-cleaning plants serving more than
one retail outlet shall be prohibited.
(5)
Hardware stores, garden supply stores, paint and wallpaper
stores, excluding outside storage.
(6)
Liquor stores.
(7)
Newsstands and card shops.
(8)
Florists.
(9)
Restaurants, excluding drive-in restaurants.
(10)
Dance, art and music studio.
(11)
The sale, lease or rental of new and used vehicles,
provided that:
(a)
Such sales shall be conducted in a fully enclosed
building located on the same lot and having a building area of not
less than 5,000 square feet devoted to the sales and services of vehicles.
(b)
The sale of new and used vehicles may be carried
on in an unenclosed area, provided that:
[1]
Such area is on the same or an adjacent lot
to such building. If the enclosed area is on an adjacent lot, the
lot shall be not more than 200 feet from the lot with the building
and shall, further, be in the same ownership as said building; be
in a Community Commercial (CC) District; and be used for no other
purpose.
[2]
Such unenclosed area shall be paved, shall be
suitably drained and shall be maintained in a neat and orderly manner.
[3]
All exterior illumination shall be approved
by the Planning Board and shall be shielded from the view of all surrounding
properties and streets.
[4]
Suitable landscaping and/or fencing of such
unenclosed area shall be required and approved by the Planning Board.
[5]
As used in this section, the sale of new vehicles
shall be deemed to mean only the sale of such vehicles under a franchise
granted to the person, firm or corporation conducting such business
by a vehicle manufacturer. Used vehicles shall be sold only in connection
with the sale of new automobiles.
(c)
No establishment for the sale of new and used
vehicles shall be opened, conducted or maintained, except as provided
above. Site plans for any changes required to bring about such conformance
shall be submitted to and approved by the Planning Board before any
such change shall be made. The Planning Board may approve, modify
or disapprove such plans and may impose reasonable and appropriate
conditions to such approval so that the spirit of this chapter shall
be observed.
(12)
Commercial uses, such as gift shops, tourist
shops, clothing stores, furniture stores, craft shops, appliances,
sporting goods, shoe and grocery stores.
(13)
Electrical, heating, plumbing stores or woodworking
shops.
(14)
Commercial greenhouses and garden/lawn supplies.
C.
Permitted accessory uses and structures.
[Amended 8-22-2016 by L.L. No. 2-2016]
(1)
More than one commercial permitted use/business will be allowed on
a single lot in the Community Commercial District. Such multiple use/business
will be subject to site plan review by the Town Planning Board. Additional
use/business has to be compatible with existing use/business on the
parcel. Such additional use/business must meet signage and parking
regulations within this chapter.
(2)
Private garages and storage buildings which are necessary to store
any commercial vehicles, equipment or materials on the premises and
which are used in conjunction with a permitted business use.
(3)
Outdoor storage of products sold on the premises, provided that such
areas are not located in the front yard portion of the lot. All outdoor
storage areas shall be fenced on all sides, except those immediately
adjacent to the side of a building.
D.
Special permitted uses. The following uses may be permitted in the CC Community Commercial District consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board.
(1)
Essential services.
(2)
Motor vehicle service stations, auto repair shops
and used vehicle sales.
(3)
Public and semipublic uses and buildings.
(4)
Car wash establishments.
(5)
Rental of trucks, trailers, etc., associated with
gasoline service stations or other uses.
(6)
Self-service gasoline dispensing units.
(7)
Drive-in restaurants.
(8)
Commercial storage buildings and mini-warehouses.
(9)
Hotel or motel.
(10)
Flea markets and outside sales.
(11)
Outdoor commercial recreation uses.
(12)
Tourist homes/bed-and-breakfast establishments.
[Amended 2-24-1992 by L.L. No. 1-1992]
(13)
Special entertainment uses/events.
[Added 2-26-1996 by L.L. No. 1-1992]
(15)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
E.
Dimensional requirements. The dimensional requirements
in the CC Community Commercial District are specified in the Zoning
Schedule I, which is part of this chapter.[2]
[Amended 8-22-2016 by L.L. No. 2-2016]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
F.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI of this chapter.
G.
Off-street parking, loading and access regulations. The off-street parking, loading and access regulations are specified in Article XII of this chapter.
I.
Porta potties. Porta potties used other than for temporary use during
construction or for special events will be buffered from view of the
front lot line. Such buffering will be of equal or greater height
of the porta potties structure. Such porta potties will meet the current
OSHA guidelines.
[Added 8-22-2016 by L.L.
No. 2-2016]
A.
Purpose. The purpose of the LI Limited Industrial
District is to permit, where appropriate, the construction of facilities
for research and development oriented industries; high technology
and/or light manufacturing operations; and warehousing. Areas for
this zoning shall be identified by the Town Board or upon applications.
Areas shall be zoned as LI Limited Industrial Districts in accordance
with the normal rezoning procedures. In reaching its decision, the
Town Board shall consider the general criteria set forth in this chapter,
the current Master Plan for the Town and this statement of purpose.
B.
Permitted principal uses.
(1)
Laboratories engaged in research, testing and experimental
work, including any process normal to laboratory practice and technique.
(2)
The manufacture, compounding, assembling and/or treatment
of articles or merchandise from previously prepared materials, provided
that no chemical process is involved in the manufacturing process.
(3)
The manufacture and/or assembly of electronic devices
and electrical appliances, provided that all necessary and approved
safeguards are employed to prevent hazard and annoyance to the community.
(4)
The manufacture and/or assembly of musical instruments,
novelties, toys or related products, business machines and custom
built boats.
(5)
The manufacture, compounding, processing and storage
of candy and confections, frozen foods, cosmetics, pharmaceutical
products, toiletries and food products.
(6)
Warehousing facilities.
(7)
The manufacture of precision tools.
(8)
Machine shop operations.
(9)
Agribusiness operations.
(10)
Other light industrial uses which, in the opinion
of the Board of Appeals, are similar in nature and scale to those
identified herein.
C.
Permitted accessory uses and structures.
(1)
Customary accessory uses, including, but not limited
to, loading and unloading docks and areas designed as an integral
part of the LI Light Industrial development and scaled for the exclusive
use of the development.
(2)
Parking areas for employee and visitor parking.
(3)
Fencing in accordance with the provisions of this
chapter.
D.
Special permitted uses. The following uses may be permitted in the LI Light Industrial District consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board.
(1)
Essential services.
(2)
Public and semipublic uses and buildings.
(3)
Commercial storage buildings, including mini-warehouse
facilities.
(4)
Windmills or wind generators.
(5)
Communication towers.
(6)
Special entertainment uses/events.
[Added 2-26-1996 by L.L. No. 1-1992]
(7)
Large-scale
solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
F.
Prohibited activities. No land, building or premises
may be used in any way which will cause or result in:
(1)
Dissemination of dust, smoke, observable gas or fumes,
odor, noise, vibration or excessive light beyond the immediate site
of the building or buildings in which such use is conducted.
(2)
Menace to neighboring properties by reason of fire,
explosion or other physical hazard, including radiation.
(3)
Harmful discharge of waste materials, including refuse
and airborne or waterborne wastes.
(4)
Unusual traffic hazards or congestion.
G.
General provisions.
(1)
All processing of materials, including fabrication,
shall occur indoors. There shall be no outside parking of machinery,
equipment or commercial vehicles, except during business hours.
(2)
There shall be no outside storage of material, raw,
processed or partially processed, in bulk or packages, except during
actual construction on the site. There shall be no outside stock piles
or storage racks.
(3)
All equipment for the handling of material and processes
shall be enclosed in a suitable building. Equipment as used in this
section includes, but is not limited to, conveyors, elevators, storage
silos, hoppers, storage tanks and unloading docks.
(4)
All waste, scrap, refuse, empty containers, drums,
bottles and cartons shall be stored in suitable closed containers
and disposed of in a manner acceptable by the town.
(5)
Notwithstanding any other provisions, side and rear
setbacks adjacent to any residential district shall be a minimum of
75 feet, of which 20 feet thereof shall be used to create a screened
buffer zone. Such screening shall not be less than four feet in height
and may be accomplished by deciduous and/or evergreen plantings or
by a fence of acceptable design. All such buffers and screenings shall
be property maintained by the owner or owners of the screened industrial
property.
H.
Site plan approval. Site plan approval shall be secured as required in Article XI of this chapter.
A.
Purpose. The purpose of the GI General Industrial
District is to provide for the establishment of industries, essential
to the community's economic development; maintenance of a well-balanced
industrial environment; and not be detrimental to other adjacent developments
or to the general community health, safety or welfare of the community.
B.
Permitted principal uses.
(1)
Uses permitted and special permitted in the LI District.
(2)
Lumberyards.
(3)
Truck, minibike, motorcycle and snowmobile sales and
service; auto sales, new and used; and modular homes, mobile homes
and recreational vehicles.
(4)
Machine press operations; upholstering, welding and
monument works.
(5)
Building materials yards, excluding concrete plants.
(6)
Printing, publishing and bookbinding.
(7)
Construction equipment storage and repair.
(8)
Public buildings and grounds, including storage and
repair.
(9)
Public utilities substations and uses, including storage
and repair, power plants and similar uses.
(10)
Bottling plants, dairies, carpet cleaning and
other cleaning and dyeing plants, laundries, photocopying and blueprinting.
C.
Permitted accessory uses and structures.
(1)
Normal accessory uses and buildings, including, but
not limited to, loading and unloading docks and areas designed as
an integral part of the industrial development and scaled for the
exclusive use of the development.
(2)
Off-street parking areas for employees and visitors.
(3)
Fencing in accordance with the provisions of this
chapter.
D.
Special permitted uses. The following uses and their
accessory uses shall be permitted upon approval of a special use permit
by the Planning Board:
(1)
Junkyards, automobile wrecking and dismantling yards
and similar uses.
(2)
Truck and freight terminals.
(3)
Essential services, including maintenance buildings
and storage yards.
(4)
Public and semipublic uses and buildings.
(5)
Communication towers.
(6)
Special entertainment uses/events.
[Added 2-26-1996 by L.L. No. 1-1996]
(7)
Adult entertainment uses and businesses.
[Added 2-26-1996 by L.L. No. 1-1996]
(8)
Windmills and wind generators.
[Added 8-25-2008 by L.L. No. 1-2008]
(9)
Large-scale
solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
F.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI of this chapter.
A.
Purpose. The purpose of the MH Mobile Home Park District
is to provide opportunity for diversity in housing choice. It is also
intended to provide greater opportunity for obtaining moderate-cost
housing to meet the needs of a variety of household types. Finally,
it is the purpose of this section to enact proper control and development
regulations to ensure that mobile home parks provide an attractive
and functional residential environment. The Town will entertain proposals
for mobile home park districts, provided that rezoning is consistent
with the town's Master Plan and in conformance with these regulations.
C.
Permitted accessory uses.
D.
Dimensional and setback requirements.
(1)
Each mobile home lot within the park shall comply with the applicable lot size, building size and setback requirements set forth in Subsection E below.
(2)
The minimum site area of a mobile home park shall
be not less than 10 acres.
(3)
No mobile home or other structure in a mobile home
park shall be located within 100 feet of any public street line or
within 60 feet of any other property line of the mobile home park.
(4)
Not more than one mobile home shall be located on
any one mobile home lot. Every mobile home within a mobile home park
shall be located on a mobile home lot or in a designated storage area
shown on the approved site plan for said park.
(5)
Each mobile home lot shall front on an interior park
roadway. An iron stake shall be located and maintained by the park
owner at the corner of each manufactured home lot.
(6)
There shall be a landscaped buffer area not less than
50 feet in depth around the perimeter of all new or expanded mobile
home parks.
E.
Lot and yard requirements. The minimum size of lots
and yard requirements in a mobile home park shall be:
F.
Size of individual home. The minimum size of any individual
mobile home in a park shall not be less than 720 square feet.
G.
Special permitted uses. The following uses may be permitted in the MH Mobile Home Park District consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board.
H.
Additional uses and requirements. Rezoning for a mobile
home park shall not be approved until conceptual site plans for the
park have been reviewed by the Planning Board and approved by the
Town Board. No site preparation or construction shall commence until
the property has been rezoned and all permits have been issued by
all governmental agencies involved. This provision shall apply to
the expansion or alteration of existing mobile home parks, as well
as to proposals for new parks. A site plan for the establishment of
a new mobile home park or for the expansion or alteration of an existing
mobile home park shall contain all of the required data elements specified
herein, plus any additional information which may be required by the
Planning Board to complete its review and evaluation of the proposed
plans. In the review of proposed site plans, the Planning Board's
investigations shall certify for action by the Town Board that the
plans comply with the following standards and development regulations.
(1)
Every roadway within a mobile home park shall have
a minimum street/pavement width of 22 feet and a minimum right-of-way
width of 50 feet. Internal streets shall conform to the following
standards:
(a)
Culs-de-sac shall be provided in lieu of closed-end
streets and shall have a minimum diameter of 70 feet.
(b)
All streets shall be constructed of blacktop
or equivalent of the same and shall be designed, graded and leveled
as to permit the safe passage of emergency and service vehicles at
a speed of 15 miles per hours.
(c)
Each street shall be named and each mobile home
lot thereon shall be given a permanent number which shall be affixed
to the manufactured home and shall be visible from the street.
(d)
All internal streets shall be illuminated from
dusk to dawn with adequate lighting.
(e)
Every roadway within a mobile home park shall
be maintained in good repair and shall be open at all times for travel
by occupants of the park and necessary fire, police, ambulance, public
utility maintenance and fuel supply vehicles. The park owner shall
be responsible for providing and paying the cost of such maintenance
and all necessary snow removal. The provisions of this subsection
shall apply to existing mobile home parks and mobile home parks hereafter
established.
(f)
Pedestrian walkways shall be provided along
at least one side of all interior streets. Said walkways shall have
a width of not less than four feet.
(2)
Off-street parking. Each mobile home lot must have
two off-street parking spaces. Alternative parking facilities may
be provided so that each mobile home lot will have one off-street
parking space with a common parking area utilized for second vehicle
parking, guest parking and for delivery and service vehicles.
(3)
Other requirements.
(a)
At least one service building shall be constructed
in each mobile home park which shall be adequate to provide for storage
of all equipment, tools and materials necessary for the maintenance
of the park. All such equipment, tools and materials shall be stored
within said building when they are not in use.
(b)
An adequate supply of public water shall be
provided for mobile homes, service buildings and other accessory buildings.
(c)
A sanitary sewer system shall be provided in
all parks for conveying and disposing of sewage from mobile homes,
service buildings and other accessory facilities.
(d)
Each mobile home dwelling placed in a park shall
be equipped with its own toilet, bath and kitchen facilities enabling
the occupants to function as an independent housekeeping entity.
(e)
An adequate storm drainage system shall be installed.
(f)
All public utility, electric, gas, cable, television
and telephone lines shall be installed underground.
(g)
The park owner shall provide for the regular
collection and disposal of garbage, trash and rubbish to prevent the
trash containers from overflowing. All receptacles for trash shall
have covers to prevent the littering of grounds with trash and refuse.
(h)
All fuel tanks within a mobile home park, including
all fuel tanks used for heating within mobile homes, shall be installed
in accordance with standards established by the New York State Department
of Environmental Conservation or NFPA.
(i)
No mobile home shall be located on a mobile
home lot until the roadways, sanitary sewage disposal system, water
supply system and storm drainage system serving said mobile home lot
have been installed in accordance with the approved site plan for
the mobile home park.
(j)
Mobile home park owners shall obtain a permit
from the Town approving the location of a site for the placement of
individual mobile home units prior to such units being occupied. No
permit shall be issued until the owner has obtained a written certification
from the New York State Department of Health that connection to a
public sewer system meets standards.
(k)
Only one detached accessory building, not exceeding
100 square feet in building area, may be constructed on each such
mobile home lot. Buildings attached to a mobile home may be constructed,
provided that the total building area thereof does not exceed 100
percent of the building area of the manufactured home. These provisions
shall not apply to carports. A permit must be obtained from the Code
Enforcement Officer prior to construction of any such enclosure or
addition. The application shall provide a detailed plan of the proposed
construction. Such accessory structures shall be completed within
two months of the date of issuance of such permit.
(l)
All occupied manufactured homes shall be set
on a stand and skirted with a noncombustible material, which shall
be installed on all sides of the manufactured home and constructed
from said side walls to the level of the surrounding grounds, so as
to enclose the area between the floor of the manufactured home and
said surrounding ground. Such skirting is to be properly ventilated
and completed within 30 days after placement of the manufactured home
on the site.
(m)
A mobile home park landscape plan shall be prepared
and carried out which will assure the Planning Board that an appropriate
planting of trees and shrubs will be included in the park design,
including screening where necessary.
(n)
Each mobile home site shall be provided with
a stand which will give a firm base and adequate support for the mobile
home. Such stand shall have a dimension approximating the width and
length of the home and any additions or expansions, thereto. Well
anchored tie downs shall be provided on at least each corner of the
stand. All manufactured homes shall be placed directly upon a permanent
foundation consisting of a floor of at least six inches of poured
concrete or eight-inch cement blocks, placed upon a pure concrete
footer which is not less than 16 inches wide and six inches in depth.
This foundation shall extend a minimum of 42 inches below finished
grade. The foundation shall be adequately vented.
(o)
All mobile homes shall be secured to the permanent
foundation in at least each corner by steel rods which are anchored
down through the foundation wall into the footer. When the foundation
walls are made of cement blocks, the corner blocks shall be filled
with concrete. Each anchoring device shall be able to sustain a minimum
load of 4,800 pounds.
(4)
Violation. Should the Code Enforcement Officer determine
that the owner of the manufactured home park is in violation of any
of the provisions and regulations of this section, the approval authorizing
the establishment of the park shall be null and void. Unless the violation
is corrected within 30 days of written notification of the violation
by the Code Enforcement Officer, the use of the site for a manufactured
home park shall be discontinued and all of the manufactured homes
on the site removed within 10 days following the thirty-day period
to correct the violation.
(5)
Sales.
(a)
No mobile home lot shall be sold in a mobile
home park.
(b)
Mobile homes shall be offered for sale, displayed
for sale or sold only within a mobile home park. New mobile home units,
for sale, shall either be connected to all utilities or placed within
a designated sales area approved as part of the overall site plan.
Such designated sales area shall be only for the sale of homes in
the approved park.
(c)
On-site commercial sales of mobile homes may
be permitted until such time as the park reaches 100% occupancy of
all approved mobile home lots in the park. Such commercial activity
shall be discontinued and all evidence of such activity removed within
seven days of reaching 100% occupancy.
(6)
Management of mobile home park.
(a)
Every mobile home park shall be under the direct
management of the owner or his agent or representative.
(b)
Such person shall operate the mobile home park
from an office located within the park.
(c)
Such person shall maintain a current record
of the names of all persons residing at the park.
(d)
These records shall be available to any authorized
person inspecting the park for compliance with these regulations.
[Added 3-13-2023 by L.L.
No. 1-2023]
A.
Legislative intent. The purpose of this section establishing a Mixed
Use Zoning District is to create opportunities within the Town of
East Bloomfield for a compatible mix of land uses, including residential,
retail and professional offices.
B.
Authority. This section is adopted pursuant to the New York State
Constitution and New York Municipal Home Rule Law § 10.
C.
Permitted uses.
(1)
Governmental, business, professional and medical offices.
(2)
Essential services.
(3)
Retail business establishments which are clearly of a community
service character, such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods and food items.
(b)
Drugstores.
(c)
Variety and general merchandise stores, except for adult bookstores.
(d)
Gift, craft and tourist shops.
(e)
Clothing and furniture stores.
(f)
Hardware, appliance, electrical, heating, plumbing and automotive
supplies, specifically excluding motor vehicle sales and repair shops
and gasoline service stations.
(g)
Florists.
(h)
Liquor stores.
(i)
Dance, art and music studios.
(j)
Wineries, breweries, microbreweries, food services.
D.
Subject to the following requirements and approval by the Planning
Board, a principal building may contain a combination of residential
and commercial uses:
(1)
All residential use shall be on the second or third floor of
the principal building.
(2)
All residential uses shall meet all New York State Building
and Department of Health Code requirements.
(3)
No more than two single-family units shall be permitted above
an allowable commercial use, and every single-family unit shall include
no more than two bedrooms.
(4)
Every residential unit shall require two parking spaces.
(5)
Entrances to all second or third story residential units shall
be separate and distinct from the entrance to the principal building.
(6)
Utilities to all second or third story residential units shall
be separate and distinct and also separate from the commercial use
of the principal building.
E.
Dimensional requirements. The dimensional requirements for the Mixed
Use District shall not exceed those dimensions set forth in the Community
Commercial (CC) District identified in Schedule I of the Zoning Code
of the Town of East Bloomfield.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
A.
Statement of 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 and maintain for participation in the National
Flood Insurance Program.
B.
Objectives. The objectives of this section are:
(1)
To protect human life and health.
(2)
To minimize expenditure of public money for costly
flood control projects.
(3)
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public.
(4)
To minimize prolonged business interruptions.
(5)
To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone, sewer lines, streets
and bridges located in areas of special flood hazard.
(6)
To 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)
To provide that developers are notified that property
is in an area of special flood hazard.
(8)
To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
C.
General provisions.
(1)
Lands to which this section applies. This section
shall apply to all areas of special flood hazards within the jurisdiction
of the Town of East Bloomfield.
(2)
Basis for establishing the areas of special flood
hazard. The areas of special flood hazard identified by the Federal
Emergency Management Agency is a scientific and engineering report
entitled the "Flood Insurance Study for the Town of East Bloomfield,
Ontario County, New York," dated February 15, 1983, with accompanying
Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, Community
No. 361298, Map Panel Nos. 0001-0020, dated August 15, 1983, are hereby
adopted and declared to be a part of this section. The Flood Insurance
Study and maps are on file at the Town Clerk's office, 99 Main Street,
East Bloomfield, New York, 14443.
[Amended 2-26-1996 by L.L. No. 1-1996]
(3)
Interpretation, conflict with other laws.
(a)
This section has been developed in response
to revisions to the National Flood Insurance Program through November
1, 1989 and shall supersede all previous laws and ordinances adopted
for the purpose of flood damage prevention.
(b)
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, local
laws or ordinances, the most restrictive, or that imposing the higher
standards, shall govern.
(4)
Overlay district. The FPO District shall not be independently
mapped upon the Zoning Map, but shall be mapped in conjunction with
an underlying district. The area within the FPO District shall be
identical to the areas of special flood hazard within the Town of
East Bloomfield. The Zoning Map serves to provide a close approximation
of the special flood hazard area. The FIRM Maps and Flood Boundary
- Floodway Map shall be used to determine the exact legal boundaries
of the special flood hazard area.
(5)
Uses permitted; dimensional requirements. The uses
permitted and the dimensional requirements for the FPO District shall
be determined by the regulations specified in this article for the
primary or underlying zone district.
(6)
Penalties for noncompliance. 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 chapter and any other applicable regulations. Any infraction of the provisions of this chapter 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 structure found not in compliance with the requirements of this section for which the developer and/or owner has not applied for or received an approved variance under Subsection G will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
(7)
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 area of special flood
hazards 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 East Bloomfield, 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.
D.
Severability. The invalidity of any section or provision
of this chapter shall not invalidate any other section or provision
thereof.
E.
Administration.
(1)
Designation of the local administrator.
(a)
The Code Enforcement Officer is hereby appointed
local administrator to administer and implement this section by issuing
floodplain development permits in accordance with its provisions.
(b)
Prior to issuing a floodplain development permit
for the construction, expansion, demolition or substantial alteration
of any building or the change in use of any land area or building
within an area of special flood hazard, the Code Enforcement Officer
shall refer all information and documentation to the Planning Board.
The Planning Board shall review the information and approve or deny
the issuance of the permit by the Code Enforcement Officer. The Planning
Board, prior to reaching its decision, shall request an advisory opinion
from the Code Enforcement Officer. In addition, the Planning Board
may consult with the Town Engineer and/or the Town Attorney. The Planning
Board shall notify the Code Enforcement Officer of its decision and
the Code Enforcement Officer, acting on the written direction of the
Planning Board, shall either issue or deny the permit.
(2)
Establishment of floodplain development permit. A floodplain development permit shall be obtained before the start of construction or any other development, including the placement or replacement of manufactured homes or recreational vehicles, within the area of special flood hazard as established in Subsection C(2). Application for a development 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.
(a)
Application stage. The following information
is required where applicable:
[1]
Elevation in relation to mean sea level of the
proposed lowest floor (including basement or cellar) of all structures.
[2]
Elevation in relation to mean sea level to which
any nonresidential structure will be floodproofed.
[3]
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria of Subsection F(1)(c).
[4]
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of Subsection F(2)(c)[2].
[5]
Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
(b)
Construction stage. Upon placement of the lowest
floor or floodproofing by whatever means, it shall be the duty of
the permit holder to submit to the Code Enforcement Officer a certificate
of the elevation of the lowest floor, or floodproofed elevation, in
relation to mean sea level. The elevation certificate shall be prepared
by or under the direct supervision of a licensed land surveyor or
professional engineer and certified by the same. When floodproofing
is utilized for a particular building the floodproofing certificate
shall be prepared by or under the direct supervision of a licensed
professional engineer or architect and certified by the same. Any
further work undertaken prior to submission and approval of the certification
shall be at the permit holder's risk. The Code Enforcement Officer
shall review all data submitted. Deficiencies detected shall be cause
to issue a stop-work order for the project, unless immediately corrected.
(3)
Duties and responsibilities of the Code Enforcement
Officer. The duties of the Code Enforcement Officer shall include,
but not be limited to:
(a)
Permit application review.
[1]
Review of all floodplain development permit
applications to determine that the requirements of this section have
been satisfied.
[2]
Review of all floodplain development permit
applications to determine that all necessary permits have been obtained
from those federal, state or local governmental agencies from which
prior approval is required.
[3]
Review of all floodplain development permit
applications to determine if the proposed development adversely affects
the area of special flood hazard. For the purposes of this section,
"adversely affects" means physical damage to adjacent and other properties.
An engineering study may be required of the applicant for this purpose.
[4]
Review all floodplain development permits for compliance with the provisions of Subsection F(1)(e), Encroachments.
[5]
Provide an advisory report to the Planning Board
on all applications for floodplain development permits.
(b)
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection F(2), Specific standards and Subsection F(3), Floodways.
[Amended 2-24-1992 by L.L. No. 1-1992]
(c)
Information to be obtained and maintained.
[1]
Obtain and record the actual elevation, in relation
to mean sea level, of the lowest floor, including basement or cellar
of all new or substantially improved structures, and whether or not
the structure contains a basement or cellar.
[3]
Maintain for public inspection all records pertaining
to the provisions of this section, including variances when granted
and certificates of compliance.
(d)
Alteration of watercourses.
[1]
Notify adjacent communities and the New York
State Department of Environmental Conservation prior to any alteration
or relocation of a watercourse, and submit evidence of such notification
to the Regional Director, Federal Emergency Management Agency, Region
II, 26 Federal Plaza, New York, NY 10278.
[2]
Require that maintenance is provided within
the altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
(e)
Interpretation of FIRM boundaries.
[1]
The Code Enforcement Officer shall have the
authority to make interpretations when there appears to be a conflict
between the limits of the federally identified area of special flood
hazard and actual field conditions.
[3]
The Code Enforcement Officer shall use flood
information from any other authoritative source, including historical
data, to establish the limits of the area of special flood hazards
when base flood elevations are not available.
(f)
Stop-work orders.
[Amended 2-24-1992 by L.L. No. 1-1992]
[1]
All floodplain development found ongoing without a development permit shall be subject to the issuance of a stop work order by the Code Enforcement Officer. Disregard of a stop work order shall be subject to the penalties described in Article XIII of this chapter.
[2]
All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Code Enforcement Officer. Disregard of a stop-work order shall subject the violator to the penalties described in Article XIII of this chapter.
(g)
Inspections. The Code Enforcement Officer 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 that the development is in compliance with the requirements
of either the floodplain development permit or the approved variance.
(h)
Certificate of compliance.
[1]
It shall be unlawful to use or 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 Code Enforcement
Officer stating that the use of any building or land is in conformance
with the requirements of this section.
[2]
All other development occurring within the designated
special flood hazard area will have upon completion a certificate
of compliance issued by the Code Enforcement Officer.
(i)
Fees. All applications for a floodplain development
permit shall be accompanied by an application fee as established in
the Town of East Bloomfield Fee Schedule.[1] In addition, the Town of East Bloomfield reserves the
right to recover from the permittee all reasonable costs necessary
for review, approval and inspection of this project.
[1]
Editor's Note: The fee schedule is on file
in the Town offices.
F.
Provisions for flood hazard reduction.
(1)
General standards. In all areas of special flood hazards
the following standards are required:
(a)
Anchoring.
[1]
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
[2]
All manufactured homes shall be installed using
methods and practices which minimize flood damage. Manufactured homes
must be elevated and anchored to resist flotation, collapse or lateral
movement. Manufactured homes shall be elevated to or above the base
flood elevation or two feet above the highest adjacent grade when
no base flood elevation has been determined. Methods of anchoring
may include, but are not to be limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable
state and local anchoring requirements for resisting wind forces.
(b)
Construction materials and methods.
(c)
Utilities.
[1]
Electrical, heating, ventilation, plumbing,
air-conditioning equipment and other service facilities shall be designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding. When designed
for location below the base flood elevation, a professional engineer's
or architect's certification is required.
[2]
All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system.
[3]
New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters.
[4]
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
(d)
Subdivision proposals.
[1]
All subdivision proposals shall be consistent
with the need to minimize flood damage.
[2]
All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage.
[3]
All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage.
[4]
Base flood elevation data shall be provided
by the permit applicant for subdivision proposals and other proposed
developments (including proposals for manufactured home or recreational
vehicle parks and subdivisions) greater than either 50 lots or five
acres.
(e)
Encroachments.
[1]
All proposed development in riverine areas where no flood elevation data are available (unnumbered A Zones) shall be reviewed as set forth in Subsection E(3)(a), Permit application review, to determine the effects of the encroachment on the flood-carrying capacity of the stream. The local administrator may require submission of additional technical analyses and data necessary to complete the determination.
[2]
In all areas of special flood hazard in which base flood elevation data is available pursuant to Subsections C(2) or F(d)(4) and no floodway has been determined the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
[3]
In all areas of the special flood hazard where floodway data is provided or available pursuant to Subsection C(2), the requirements of Subsection F(3), Floodways, shall apply, except as provided in Subsection F(1)(e)[4].
[4]
Notwithstanding any other provisions of this
chapter, certain development in Zones A1 through 30, AE and AH may
be permitted to increase the water surface elevation of the base flood
(e.g. dams, levees, etc.), provided that the Town Board endorses application
to the Federal Emergency Management Agency (FEMA), the permit applicant
provides all necessary data and analyses and pays all fees and FEMA
approval is received.
[5]
The local administrator shall require within
Zones AH and AO adequate drainage paths around structures on slopes
to guide floodwaters around and away from proposed structures.
(2)
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazards and Subsection E(3)(b), Use of other base flood data, the following standards are required:
(a)
Residential construction. New construction and
substantial improvements of any resident structure shall:
[1]
Have the lowest floor, including basement or
cellar, elevated two feet or more above the base flood elevation.
[Amended 2-26-1996 by L.L. No. 1-1996]
[2]
In all areas of special flood hazard, 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 must
be provided having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding.
[b]
The bottom of all such openings
shall be no higher than one foot above the lowest adjacent finished
grade.
[c]
Openings may be equipped with louvers,
valves, screens or other coverings or devices, provided that they
permit the automatic entry and exit of floodwaters.
[3]
Within any AO zone, have the lowest floor (including
basement) elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the community's FIRM (at
least two feet if no depth number is specified).
[4]
Within any A zone, when no base flood data are
available, have the lowest floor elevated at least three feet above
the highest adjacent grade.
(b)
Manufactured homes and recreational vehicles.
[1]
A manufactured home that is placed or substantially
improved on a site in an A1 through 30, AE or AH zone that is either
outside of a manufactured (mobile) home park or subdivision; in a
new manufactured (mobile) home park or subdivision as herein defined;
in an expansion to an existing manufactured (mobile) home park or
subdivision as herein defined; or in an existing manufactured (mobile)
home park or subdivision as herein defined on which a manufactured
home has incurred substantial damage as the result of a flood shall
be elevated on a permanent foundation such that the lowest floor is
elevated two feet or more above the base flood elevation and is securely
anchored to an adequately anchored foundation system to resist flotation,
collapse and lateral movement.
[Amended 2-26-1996 by L.L. No. 1-1996]
[2]
A manufactured home to be placed or substantially improved on a site located in a A1 through 30, AE, or AH zone, in a manufactured (mobile) home park or subdivision, as herein defined, that is not subject to the provisions of Subsection F(2)(b)[1] shall be elevated so that either:
[a]
The lowest floor of the manufactured
home is at or above the base flood elevation; or
[b]
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.
[3]
New construction or substantial improvements
of manufactured homes in Zone A, where no base flood elevation data
are available, shall be elevated at least three feet above the highest
adjacent grade.
[4]
All recreational vehicles placed on-site for longer than 180 consecutive days and not fully licensed and ready for highway use must be elevated in accordance with Subsections F(2)(b)[1], [2] or [3].
[5]
Manufactured homes and recreational vehicles on-site for longer than 180 consecutive days, with fully enclosed areas below the lowest floor, must meet the requirements of Subsection F(2)(b)[2].
(c)
Nonresidential construction.
[1]
[Amended by L.L. No. 1-1996, 2-26-1996]
In Zones A1 through 30, AE and AH, new construction and substantial
improvements of any commercial, industrial or other nonresidential
structure, together with attendant utility and sanitary facilities,
shall either:
[a]
Have the lowest floor, including
basement or cellar, elevated two feet or more above the base flood
elevation; or
[b]
Be floodproofed so that the structure
is watertight below a level two feet above the base flood elevation
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]
In an AO zone, all new construction and substantial
improvements shall have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if no
depth number is specified).
[3]
In an A zone, when no base flood data are available,
all new construction and substantial improvements shall have the lowest
floor elevated at least three feet above the highest adjacent grade.
[4]
If the structure is to be elevated, 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 shall be designed to automatically
(without human intervention) equalize hydrostatic 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 a licensed architect or meet the following criteria:
[a]
A minimum of two openings shall
be provided having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding.
[b]
The bottom of all such openings
shall be no higher than one foot above the lowest adjacent finished
grade.
[c]
Openings may be equipped with louvers,
valves, screens or other coverings or devices, provided that they
permit the automatic entry and exit of floodwaters.
[5]
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection F(2)(b)[1], including the specific elevation (in relation to mean sea level) to which the structure is floodproofed.
[6]
The Code Enforcement Officer shall maintain
on record a copy of all such certificates noted in this section.
(3)
Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by Subsections C(2) and E(3)(b), all encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
G.
Variance procedure.
(1)
Appeals Board.
(a)
The Board of Appeals, as established by the
Town Board, shall hear and decide appeals and requests for variances
from the requirements of this section.
(b)
The Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision
or determination made by the Code Enforcement Officer in the enforcement
or administration of this section.
(c)
Those aggrieved by the decision of the Board
of Appeals may appeal such decision to the Supreme Court pursuant
to Article 78 of the Civil Practice Law and Rules.
(d)
In passing upon such applications, the Board
of Appeals shall consider all technical evaluations, all relevant
factors and standards specified in other sections of this section
and:
[1]
The danger that materials may be swept onto
other lands to the injury of others.
[2]
The danger to life and property due to flooding
or erosion damage.
[3]
The susceptibility of the proposed facility
and its contents to flood damage and the effect of such damage on
the individual owner.
[4]
The importance of the services provided by the
proposed facility to the community.
[5]
The necessity to the facility of a waterfront
location, where applicable.
[6]
The availability of alternative locations for
the proposed use which are not subject to flooding or erosion damage.
[7]
The compatibility of the proposed use with existing
and anticipated development.
[8]
The relationship of the proposed use to the
Comprehensive Plan and floodplain management program of that area.
[9]
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
[10]
The costs to local governments
and the dangers associated with conducting search and rescue operations
during periods of flooding.
[11]
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.
[12]
The costs of providing governmental
services during and after flood conditions, including search and rescue
operations, maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems and streets and bridges.
(e)
Upon consideration of the factors of Subsection G(1)(d) above and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f)
The Code Enforcement Officer shall maintain
the records of all appeal actions, including technical information
and report any variances to the Federal Emergency Management Agency
upon request.
(2)
Conditions for variances.
(a)
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 items in Subsections G(1)(d)[1] through [12] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the repair or rehabilitation
of historic structures upon determination that:
(c)
Variances may be issued for new construction
and substantial improvements and for other development necessary for
the conduct of a functionally dependent use, provided that:
(d)
Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(e)
Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(f)
Variances shall only be issued upon receiving
written justification of:
[1]
A showing of good and sufficient cause.
[2]
A determination that failure to grant the variance
would result in exceptional hardship to the applicant.
[3]
A determination that the granting of a variance
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public or conflict with existing
local laws or ordinances.
(g)
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 the Code Enforcement
Officer that the cost of flood insurance will be commensurate with
the increased risk resulting from lowest floor elevation.
A.
Purpose.
(1)
It is the purpose of the LDO Limited Development Overlay
District regulations to provide special controls over land development
to protect vital environmental features and resources. It is designed
to guide land use proposals into areas (as defined by the town's Comprehensive
Plan) where they may best enhance the general welfare of the community.
(2)
Limited Development Overlay District regulations are
not intended to be substituted for other zoning district provisions.
The Overlay District is to be superimposed on the primary zoning districts
and represent an additional level of review and regulation related
to the protection of identified environmental features.
B.
Districts. To carry out the foregoing purpose, the
Town of East Bloomfield Official Zoning Map is hereby divided into
the following overlay districts which shall be designated as follows:
C.
Official maps.
(1)
The locations and boundaries of the LDO District shall
be delineated on the Official Zoning Map and shall be based on:
(a)
The Official Freshwater Wetlands Map, as prepared
and maintained by the New York State Department of Environmental Conservation.
(b)
Development Suitability Analyses Map B-2, Natural
Features, Town of East Bloomfield/Villages of East Bloomfield and
Holcomb - A Community Master Plan, adopted December, 1988, by the
Town of East Bloomfield Planning Board.
(c)
The Official Well Head Protection Regulations
Maps for the Villages of Holcomb and East Bloomfield.
(d)
The New York State Department of Environmental
Conservation Map entitled "Maximum Yields to Individual Wells and
Geologic Situations of Individual Aquifers in the Western Oswego River
Basin, New York."
(2)
Upon application to the Town to conduct a land use
activity which may be regulated by the provisions of this section,
the Code Enforcement Officer shall locate the LDO District boundaries
for the site involved by using the LDO District boundaries as shown
on the Official Zoning Map and the Official Maps cited above. Field
investigations or other environmental analyses may be required in
order to determine the precise LDO boundary line.
(3)
In the instance where a site proposed for development
contains a state designated freshwater wetland, the boundaries of
the freshwater wetland (including the protected buffer area) shall
first be determined by the applicant in consultation with the New
York State Department of Environmental Conservation to more precisely
define and delineate the boundaries of the regulated area under Article
24 of the State Environmental Conservation Law (ECL).
D.
Interpretation of LDO District boundaries.
(1)
The Code Enforcement Officer shall be responsible for interpreting the LDO District boundary based on the LDO District on the Official Zoning Map, comparison to the official maps cited in Subsection C above and engineering analyses or a site inspection. The Code Enforcement Officer may request the assistance of the Town Engineer or other appropriate official in making a determination. Anyone aggrieved by this LDO boundary interpretation may make an appeal to the Zoning Board of Appeals. Any such appeal shall be accompanied by written description of the alleged error made in interpreting this LDO designation and information/documentation to be used in support of the appeal.
(2)
Where the LDO District boundary has been established,
the requirements of the LDO shall be met in addition to any requirements
specified for development in the respective primary district.
E.
Permit application procedures.
(1)
Limited Development Overlay (LDO) Permit. An LDO permit
shall be required prior to the commencement of any regulated activity
or the issuance of a building permit for development in any LDO area
within the Town of East Bloomfield.
(2)
Application for permit. Applications for LDO permits
shall be made, in writing, to the Code Enforcement Officer on forms
provided by the town. Such an 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 Code Enforcement Officer or
Town Engineer, including, but not limited to, a scaled site plan prepared
and certified by a licensed engineer or land surveyor, that contains
the following minimum information:
(a)
A location plan and boundary line survey of
the property.
(b)
The identification and location of all LDO Limited
Development Overlay Areas on the site in relation to the portion being
proposed for development (work site).
(c)
The location of all existing and proposed buildings,
structures, utility lines, sewer and water service and on-site drainage
facilities within 100 feet of the proposed work site.
(d)
The location of all existing and proposed impervious
surfaces such as driveways, sidewalks, etc., on the property or within
100 feet of the proposed work site.
(e)
The location of existing and proposed water
bodies and drainage patterns on the site.
(f)
The existing and proposed contour lines and
elevations of the affected site, at the five-foot contour interval
based on United State Geological Survey datum, when the site lies
within a delineated steep slope area on the Official Zoning Map.
F.
General exceptions.
(1)
The following activities are exempt from the permit
procedures of this chapter, subject to a determination by the Code
Enforcement Officer that such activities involve necessary normal
maintenance and upkeep of property and are clearly incidental to the
primary use on the property and involve or improve public health,
safety or emergency situations.
(a)
Lawn care and maintenance.
(b)
Gardening activities.
(c)
Tree and shrub care and maintenance.
(d)
Removal of dead or deteriorated vegetation.
(e)
Removal of structures.
(f)
Repair and maintenance of structures.
(g)
Repair and maintenance of faulty or deteriorated
sewage facilities or utility lines.
(h)
Reconstruction of structures damaged by a natural
disaster.
(i)
Agricultural activities, except structural activities.
(j)
Public health activities, orders and regulations
of the New York State Department of Health or other agency, in compliance
with § 24-0701, Subdivision 5, of the New York State Environmental
Conservation Law.
(k)
Activities subject to the review jurisdiction
of the New York State Public Service Commission or the New York State
Board on Electric Generation Siting and the Environment, under the
provisions of Article 7 or Article 8 of the New York State Public
Service Law, respectively.
(l)
Any actual or ongoing emergency activity which
is immediately necessary for the protection and preservation of life,
property or natural resource.
(m)
Any minor structural additions, such as decks,
patios, rooms or garages, which do not increase the total floor area
of an existing principal structure by more than 50%; add to the amount
of discharge to an existing septic system; or involve any contaminants
that may enter into the groundwater system.
G.
Permit fee. Each application for an LDO permit shall
be accompanied by the appropriate application fee as determined by
the Town Board. This fee shall be in addition to any other fees required
for development by the Town of East Bloomfield.
H.
Permit review.
(1)
The Code Enforcement Officer shall refer a completed
LDO permit application to the Planning Board for its review and recommendations.
The Planning Board shall have 30 days from the date of its receipt
of a completed application in which to review such application and
report its recommendations to the Code Enforcement Officer. Should
the Planning Board fail to report or make a recommendation to the
Code Enforcement Officer regarding the application within the thirty-day
time period, the Code Enforcement Officer may take action on the permit
application without such report.
(2)
The Code Enforcement Officer shall have the authority
to grant or deny an LDO permit, subject to the standards, criteria
and other regulations contained in this chapter. The Code Enforcement
Officer shall consider the comments of the Planning Board and may
also request a report from the Town Engineer or other appropriate
agency in acting on such permit applications.
(3)
Appeals from decisions of the Code Enforcement Officer
regarding the granting or denying of any LDO permit, or the conditions
for approval of such a permit, shall be made to the Zoning Board of
Appeals.
(4)
Any zoning permit issued by the Code Enforcement Officer
in accordance with the provisions of this chapter may be issued with
conditions. Such conditions may be attached as are deemed necessary
to ensure the preservation and protection of environmentally-sensitive
areas and to ensure compliance with the policies and provisions of
this section. Every permit issued pursuant to this section shall contain
the following conditions:
(a)
The Code Enforcement Officer, Town Engineer
and/or other appropriate official shall have the right to inspect
the project from time to time.
(b)
The LDO permit shall expire six months from
date of issuance.
(c)
The LDO permit holder shall notify the Code
Enforcement Officer or other appropriate official of the date on which
project construction is to begin, at least five days in advance of
such date.
(d)
The LDO permit shall be prominently displayed
at the project site during the undertaking of the activities authorized
by the permit.
I.
Standards. Each application for an LDO permit shall
be evaluated by the Planning Board for its consistency with the intent
of these overlay regulations and the following standards:
(1)
Where the proposed action involves land(s) lying within
a delineated State Department of Environmental Conservation (DEC)
freshwater wetland, no LDO permit shall be issued unless a permit
is issued by the DEC Regional Office pursuant to Article 24 of the
New York State Environmental Conservation Law (ECL).
(2)
Where the proposed action involve land(s) lying within
the town's Well Head Protection Area, no LDO permit shall be issued
unless:
(a)
The development site involves no on-site storage
of petroleum products, except fuel stored in vehicle tanks; chemicals,
road salt and de-icing materials, except those stored in an enclosed
structure; dry-cleaning and dyeing materials; laundries that utilize
cleaning solvents; printing and photo-processing, furniture and finish
stripping; and uses otherwise allowed in the zone which may discharge
hazardous materials into the groundwater; and,
(b)
The development involves no automotive service
stations, truck terminals or public garages.
(3)
Where the proposed action involves land(s) lying within
the state identified aquifer areas, no LDO permit shall be issued
unless:
(a)
The conditions of Subsection H(2)(a) and (b)
above are satisfied; and,
(b)
There is an environmental determination that
no proposed activities will be conducted upon the site that will result
in groundwater infiltration into the Aquifer Overlay Area such that,
at a confidence level of 90%, the New York State Drinking Water Standards
(10 NYCRR 5) will not be violated at the property line. Said assessment
shall be prepared at the expense of the applicant and accepted by
the Code Enforcement Officer, Town Engineer and Town Watershed Inspector
as to completeness.
(4)
No LDO permit shall be granted unless the applicant
adequately demonstrates that the proposed action will not now, or
at any time in the future, be likely to have a significant adverse
affect on any of the following conditions, either on site or on adjacent
sites:
(a)
Deteriorated groundwater capacities or groundwater
qualities.
(b)
Decrease watercourse floodwater-carrying capaci-ties.
(c)
Increase watercourse floodwater hazard(s) by
placing structures that are not adequately anchored or do not resist
flotation or lateral movement.
(d)
Alter on-site surface water retention (or detention)
capabilities such as to increase the velocity of groundwater runoff.
(e)
Increase downstream siltation.
(f)
Increase erosion.
(g)
Decrease soil stability.
(h)
Impair any natural function of a delineated
freshwater wetland area.
(i)
Permanently disrupt plant life on steep slope
areas.
(j)
Impair existing drainage systems.
J.
Requirement for letter of credit. Following approval
of an application for an LDO permit and prior the issuance of any
building or other Town permit, the applicant shall furnish the Town
Board with an irrevocable letter of credit, cash or certified check
or performance bond in an amount to be reviewed by the Town Engineer,
and sufficient to cover the costs of compliance with the various specifications
and conditions of the development permit. The purpose of the financial
security shall be to ensure that all items, activities or structures
specified in the plans approved by the Code Enforcement Office are
constructed or carried out in accordance with such plans and specifications
and other appropriate requirements of the Town of East Bloomfield.
The financial security shall continue in full force and effect until
such time as the Code Enforcement Officer has certified that, based
on a site inspection, all specifications, requirements and permit
conditions have been completed and/or complied with, whereupon the
financial security shall be released to the applicant. The Code Enforcement
Officer, upon recommendation of the Town Engineer, or other appropriate
department or official, may deduct or withhold an amount from the
financial security sufficient to cover the cost of noncompliance with
any requirements, specification or permit conditions.
K.
Suspension or revocation of permits. The Code Enforcement
Officer may suspend a permit (temporarily) until such time as the
Town Board reviews the suspension. The Town Board, upon recommendation
of the Code Enforcement Officer, may suspend or revoke an LDO permit
issued in accordance with the provisions of this section where it
has found evidence that the applicant has not complied with any or
all terms or conditions of such permit, has exceeded the authority
granted in the permit or has failed to undertake the project in the
manner set forth in the application. The Town Board shall have 30
days from notification by the Code Enforcement Officer to set forth,
in writing, its findings and reasons for revoking or suspending the
LDO permit issued pursuant to this section and shall forward a copy
of said findings to the applicant.
