A.
Accessory buildings. All accessory buildings other than those used
for agricultural purposes shall conform to the following provisions:
(1)
An accessory building may be located in any required side or rear
yard, provided that:
(a)
Such building shall not exceed 25 feet in height.
(b)
In an R-1 District, such buildings shall be set back five feet
from the rear lot line, 10 feet from the side lot line, and 50 feet
from the right-of-way or 108 feet from the center of the road, whichever
is greater. In an R-A District, such buildings shall be set back 10
feet from the rear lot line, seven feet from the side lot line, and
50 feet from the right-of-way or 108 feet from the center of the road,
whichever is greater. No accessory building shall be located between
the home and road.
(c)
All such buildings in the aggregate shall occupy not more than
30% of the area of the required rear or side yard.
(2)
An accessory building on that portion of a lot not included in any
required yard shall conform to the height regulations for principal
buildings.
B.
Corner lots.
(1)
Obstruction to vision at street intersections. At all street intersections
in all residence districts, no obstructions to vision exceeding 30
inches in height above curb level shall be erected or maintained on
any lot within the triangle formed by the street lines of such lot
and a line drawn between points along such street lines 30 feet distant
from their point of intersection.
(2)
Rear and side yards. On a corner lot, front yards are required on
both street frontages, and one yard other than the front yards shall
be deemed a rear yard, and the other or others, side yards.
C.
Exceptions to lot depth requirements. The required lot depth at any
point may be decreased by 25% if the average lot depth conforms to
the minimum requirement.
D.
Exceptions to yard requirements.
(1)
Permitted obstructions. Cornices or cantilevered roofs may project no more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project no more than six inches into a required yard. Fences or walls not more than six feet in height may be erected anywhere on the lot, except as set forth in Subsection B(1). Fences or walls with a height in excess of six feet shall conform to the requirement set forth herein for buildings. Paved areas, other than such are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a lot line.
(2)
Entries and porticoes. A roofed-over but unenclosed projection in
the nature of an entry or portico, not more than eight feet wide and
extending not more than six feet out from the front wall of the building,
shall be exempt from front yard requirements when the building otherwise
complies with all other yard restrictions of this chapter.
(3)
Existing setback. No proposed one- or two-family dwelling need have
a setback greater than the average setback of the two existing dwellings
with the greatest setbacks within 200 feet on each side of said proposed
dwelling, on the same side of the street, within the same block and
the same district.
E.
Fences in residential districts (R-1, R-A, N-C).
(1)
Solid fences. Except where otherwise required for visibility at street
intersections, solid fences are required in side or rear yards in
all districts in which residences are allowed. A permit is required.
Standards for solid fences are:
(2)
Open fences. Open lattice, picket, rail or wire fences are allowed,
provided that the following standards are met and maintained:
(a)
The height shall not exceed four feet without a permit.
(b)
No fence shall exceed six feet in height.
(c)
Open fencing shall contain no openings of less than one inch
in the least dimension and no solid members greater than three inches,
exclusive of structural posts and rails.
(d)
Open fences may be erected in any required yard as long as there
is provision for maintenance from the owner's lot.
(e)
Barbed wire and/or electric fences are prohibited, except on
operating farms or on lots seven acres in size or larger.
F.
Swimming pools. A swimming pool shall not be located, constructed
or maintained on any lot or land area, except in conformity with the
following requirements:
(1)
Outdoor swimming pools shall not be located within a front yard in
any district.
(2)
The entire portion of the premises upon which such pool is located
shall be enclosed in a good-quality fence of not less than four feet
in height.
(3)
Every gate or other opening in the fence enclosing such pool shall
be kept securely closed and shall be locked at all times when said
pool is not in use.
(4)
No pool wall or related equipment shall be located within eight feet
of any adjoining property.
(5)
No lighting or spotlighting shall be permitted which will project
light rays beyond the lot lines of the lot on which said pool is located.
(6)
Where the proposed pool is of such height or design that protective
fencing is not required or is impractical, the Code Enforcement Officer
may, at his discretion, issue a permit for the erection of such pool
without such fencing. The Code Enforcement Officer shall, however,
first make a finding to the effect that, in his opinion, the pool
has equal protection from entry as would be afforded by the erection
of a fence as required above.
A.
Height regulations.
(1)
Where a lot has frontage on two or more streets or other public rights-of-way,
the height limitations shall apply only as measured from the curb
level along the street or way with a higher elevation above sea level.
(2)
Structures, such as chimneys, flues, towers and spires, shall be
exempt from height limitations, provided that they occupy not more
than 20% of the roof area.
B.
Waiver of yards. No side yard or rear yard shall be required where
such yard abuts an operating railroad right-of-way.
C.
Courts. The minimum dimension of an inner court shall not be less
than twice the height of all surrounding walls. However, in no case
shall an inner court have a dimension of less than 30 feet. The height
of walls surrounding an inner court shall be measured from finished
grade at the base thereof to the top of such a wall, except that,
in the case of roofs with a slope exceeding five inches vertical to
12 inches horizontal, the height shall be measured to the mean point
between the top of said wall and the highest point of the roof. The
minimum dimensions of an outer court shall be 20 feet, and its depth
shall not exceed the width.
A.
No sign, billboard, advertising display or structure, poster or device
shall be erected, moved, enlarged or reconstructed except as expressly
permitted in this chapter.
B.
Billboards shall be authorized only in N-C and H-C Districts after
site plan review by the Planning Board. Approved billboards shall
be issued an occupancy permit and shall be subject to annual review
for compliance with these requirements and any conditions of site
plan review approval. An annual renewal of the permit by the Code
Enforcement Officer is required.
(1)
The Planning Board, in conducting site plan review of billboard applications,
shall ensure the signs are constructed, lighted, light shielded and
landscaped so to minimize any safety hazards and blend with both the
natural and built landscape of the surrounding area. Landscaping and
sign design and placement shall, wherever possible, preserve and take
advantage of natural backdrops.
(2)
No billboard shall be higher than 30 feet above the average elevation
of the surrounding natural grade or larger than 300 square feet in
sign surface area.
(3)
All billboards shall be located outside the highway right-of-way.
(4)
All billboards shall be removed by the owner within 30 days following
permit expiration.
(5)
An engineering certification shall accompany the application for
an off-premises sign permit. The engineering certification shall indicate,
under the seal of a professional engineer, that the proposed off-premises
sign shall not, if built to design standards, present a safety hazard.
(6)
The minimum distance required between all off-premises signs shall
be 500 feet as measured along the center line of the abutting roadway.
Also, such signs shall be located on parcels of at least 500 feet
frontage. Signs located on the opposite sides of the road or in an
adjacent municipality are subject to this distance requirement. No
off-premises sign shall be erected within 250 feet of any existing
freestanding on-premises sign. No off-premises sign shall be erected
within 500 feet of any existing residential dwelling or residential
zoning district.
(7)
Billboards shall comply with building setbacks for structures located
in the respective zoning district.
(8)
Tri-Vision or equivalent signage (with rotating, triangular cross-section
members that change the sign display in its entirety) may be used.
(9)
All billboards shall be landscaped to ensure they blend into the
surrounding natural landscape. Additionally, trees greater than four
inches in diameter removed for construction of the sign shall be replaced
with new landscaping providing an effective natural backdrop and buffering
for the new signage.
C.
Signs in residential districts (R-1 and R-A).
(1)
Signs for home occupations shall not be larger than four square feet
nor more than eight feet above the ground at maximum height, nor more
than one in number.
(2)
Signs for other uses shall not be larger than 32 square feet nor
more than eight feet above the ground at maximum height nor more than
two in number.
(3)
Freestanding signs may be located within required front yards, but
no closer than 25 feet from the pavement.
D.
Signs in commercial districts (N-C).
(1)
Signs for home occupations shall meet residential district standards listed in Subsection C above.
(2)
Signs for other uses shall not be larger than a total of 64 square
feet in area, nor more than 16 feet above the ground nor more than
two in number, exclusive of directional signs.
(3)
Freestanding signs may be located within required front yards, but
no closer than 25 feet from the pavement.
E.
Signs in commercial districts (H-C). Business signs erected in an
H-C District shall not project into a public street or right-of-way
and shall not be closer than 25 feet to any lot line. No sign, attached
or unattached, shall be higher than the principal building to which
it is an accessory, and no sign shall be erected upon the roof of
any building. The gross surface area of a business sign in the H-C
District shall not exceed two square feet per linear foot of building
frontage and shall not exceed 450 square feet. All signs shall have
sufficient clearance so as to provide clear and unobstructed visibility
for vehicles entering and leaving the highway. Only two signs are
permitted on a building, unless approved by the Planning Board when
site plan is approved. Pylon signs shall not exceed 25 feet in height
nor more than 600 square feet with a limit of two signs. All signs
must be 25 feet from any dedicated road or right-of-way by town, county
or state. Billboards must conform to already existing regulations.
G.
The following types of signs or artificial lighting are prohibited:
(1)
Flashing signs, including any sign or device on which the artificial
light is not maintained stationary and constant in intensity and color
at all times when in use.
(2)
Signs which compete for attention with or may be mistaken for a traffic
signal.
(3)
Artificial lighting which directly illuminates an abutting residential
property.
H.
Vehicle signs. Signs displayed on a parked trailer or other vehicle
where the primary purpose of the vehicle is to advertise a product,
service business, or other activity shall be prohibited. This regulation
shall, however, permit the use of business logos, identification or
advertising on vehicles primarily and actively used for nonadvertising
business purposes.
I.
All districts. All temporary signs erected for a special event or
property sale, rental or repair shall be removed by the property owner
or his agent after 30 days.
A.
Off-street parking requirement. Off-street parking spaces, open or
enclosed, shall be provided as follows:
(1)
Schedule of parking requirements. Accessory off-street parking spaces,
open or enclosed, shall be provided for any use as specified below.
Any land which is developed as a unit under single ownership and control
shall be considered a single lot for the purpose of these parking
regulations.
(2)
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on corner lots as provided in § 207-31B(2).
(3)
Size of spaces. One hundred seventy-one square feet shall be considered
one parking space. Entrance and exit lanes shall not be computed as
parking space, except for driveways for one-family and two-family
residences. The minimum parking stall width shall be nine feet, and
the minimum length shall be 19 feet.
|
Parking Schedule
| ||
|---|---|---|
|
Use
|
Minimum Required Parking Spaces
| |
|
Dwelling unit
|
1
| |
|
Dwelling used as doctor's or dentist's office
|
4 for each doctor or dentist, plus 1 for each 2 employees, plus
one for the dwelling unit
| |
|
Dwelling used as a professional office other than by a doctor
or dentist or in which there is conducted a home occupation
|
3 or as determined by the Planning Board, based on the activity
involved
| |
|
Sanatoriums, nursing homes, philanthropic or eleemosynary institutions
|
1 for every 3 beds, plus 1 per employee on the largest shift
| |
|
Place of worship
|
1 for every 4 seats in the principal meeting room
| |
|
Membership clubs and fraternal lodges
|
1 for each 2 employees, plus 1 for each 300 square feet of floor
area
| |
|
Theater
|
1 for every 4 seats
| |
|
Bowling alley
|
6 per alley
| |
|
Retail business
|
1 for each 300 square feet of sales area
| |
|
Service business
|
1 for each 300 square feet of floor area
| |
|
Restaurant
|
1 for each 3 seats, plus 1 for each 2 employees on the largest
shift
| |
|
Professional office other than for a doctor or a dentist
|
1 for each 300 square feet of floor area or 1 per employee,
whichever is greater
| |
|
Office of a doctor or a dentist
|
4 for each doctor or dentist, plus 1 for each employee
| |
|
Funeral home
|
1 for each 60 square feet of floor area available for public
use
| |
|
Manufacturing, wholesaling and warehousing
|
1 for each 600 square feet of floor area or one per employee,
whichever is greater
| |
|
Hotels, motels, boardinghouses, and rooming houses
|
1 for each guest room and 1 for each employee during the largest
shift
| |
|
Uses not listed
|
As determined by the Planning Board to be needed to prevent
frequent parking on the streets by persons visiting or connected with
such use
| |
B.
Regulations for parking spaces adjacent to lots in any residential
districts.
(1)
Wherever a parking area of over five spaces abuts or is within 15
feet of the side or rear lot line of a lot in any residence district,
said parking lot shall be screened from such adjoining lot by a substantial
wall, fence or thick hedge approved by the Planning Board. Generally,
such screen shall not be less than three feet nor more than eight
feet in height.
(2)
Whenever a parking area of over five spaces is located across the
street from other land in any other residence district, it shall be
screened from the view of such and by a thick hedge, wall or fence
approved by the Planning Board, located along a line drawn parallel
to the street and a distance of 20 feet therefrom, such screening
to be interrupted only at points of ingress and egress. Generally,
no such screening shall be less than three feet nor more than eight
feet in height. The open area between such screening and the street
shall be landscaped in harmony with the landscaping prevailing on
neighboring properties fronting on the same street. Two identification
and directional signs located on the street side of such screening
shall be permitted; however, they shall not exceed an area of three
square feet each.
C.
Parking of commercial use vehicles in R-1 Districts.
(1)
One commercial use vehicle not exceeding 35 feet in length may be
parked on an occupied lot but not within the required yards of such
lot and in no case between the street line and the principal building.
(2)
One commercial use vehicle not exceeding 35 feet in length may be
parked within a private garage.
(3)
Farm vehicles are permitted as accessories to a farm use in any residence
district, provided that they are not kept within the required yards
of such lot, and in no case between the street line and any principal
building.
D.
Storing and parking of recreational vehicles.
(1)
Permitted uses. Any recreational vehicle, as defined in § 207-70, may be stored or parked in any residential zone, only as follows:
(a)
On any lot or parcel of property within a residential zone,
in the rear of and not closer than three feet to any building or structure
or any lot or parcel line.
(b)
In a side or front driveway of a lot or parcel of property in
a residential zone, but not closer than three feet to any building
or structure or any lot or parcel line and not so as to block the
view of traffic moving along the street nearby to the property on
which the recreational vehicle is stored and, additionally, not closer
than 15 feet to the closest public sidewalk or street line, whichever
is nearest to the stored or parked recreational vehicle.
(c)
An unmounted pickup (slide-in) camper, truck cap, boat or snowmobile
may be stored or parked on any lot or parcel within a residential
zone but not closer than three feet to any building or structure and
so as not to block the view of passersby and of cars being driven
out of driveways and the view of traffic moving along the street nearby
to the property on which the recreational vehicle is stored and not
closer than 15 feet to any public sidewalk or street line and not
closer than three feet to any parcel or property line.
(d)
Where a building permit has been issued for the construction
or alteration of a building, the Code Enforcement Officer may issue
a temporary permit for one mobile home for a period not to exceed
six months. Said temporary permit may be extended for one additional
period of six months if the Code Enforcement Officer finds that construction
has been diligently pursued and that justifiable circumstances require
such an extension. The mobile home may be occupied during the term
of the temporary permit and shall be situated upon the lot for which
the building permit has been issued. Prior to the issuance of such
a temporary permit by the Code Enforcement Officer, the location of
the mobile home on the lot shall be approved by the Town Planning
Board, which may attach to its approval whatever conditions it deems
necessary to carry out the intent of this chapter.
(e)
One boat may be stored on an occupied lot in any residence district,
provided that it is not stored in the required front yard of such
lot.
(f)
Camping in a recreational vehicle by the owner, or a nonpaying
guest, on his or her own property shall be permitted provided a permit
of no more than two weeks in consecutive days has been issued by the
Code Enforcement Officer pursuant to this chapter, appropriate sanitary
facilities and/or sewage disposal systems are in place to serve the
unit and the lot on which the unit is to be placed is a minimum of
50 feet in width. The Code Enforcement Officer shall develop and enforce
a permit system which shall be applicable to all such camping. No
permit, however, shall be required for tent camping by owners in the
rear or side yard of any residence for more than 14 continuous days.
(2)
Prohibited uses of recreational vehicles.
(a)
No stored or parked recreational vehicle, as defined herein, shall be occupied or used for human habitation, including but not limited to sleeping, eating or resting between the hours of 10:00 p.m. and 6:00 a.m., local time, except in compliance with Subsection D(1)(f).
(b)
No recreational vehicle, as defined herein, or unmounted boat
or snowmobile which is in a state of externally visible disrepair
or partial construction shall be stored or parked in any side or front
driveway in a residential zone. It may, however, be stored or parked
in the rear of such lot or parcel of property in the residential zone
but in no event closer than three feet to any building or structure
or to any lot or parcel or property line.
E.
Unregistered vehicles. Open storage of more than one unregistered
motor vehicle is prohibited on any lot in a residential district.
The following uses are prohibited in all districts:
A.
Any use which is noxious, offensive or objectionable by reason of
the emission of smoke, dust, gas, odor or other form of air pollution;
by reason of the deposit, discharge or dispersal of liquid or solid
waste in any form in such manner or amount as to cause permanent damage
to the soil and streams or to adversely affect the surrounding area;
by reason of creation of noise, vibration, electromagnetic or other
disturbance; or by reason of illumination by artificial light or light
reflection emanation; which involves any dangerous fire, explosive,
radioactive or other hazard; or which causes injury, annoyance or
disturbance to any of the surrounding properties or to their owners
and occupants, and any other process or use which is unwholesome and
noisome and may be dangerous or prejudicial to health, safety or general
welfare. This subsection shall not be interpreted in any manner that
would prohibit sound agricultural activities.
B.
Artificial lighting facilities of any kind with light sources visible
beyond the lot lines which create a glare beyond such lines.
C.
Amusement parks and circuses and related activities except for a
temporary period on special permit from the Town Board.
D.
Landfill or dump, except a dump established as an official Town dump
or duly licensed as a dump by the Town Board.
The Planning Board may approve cluster developments in all residential
districts according to the procedures and requirements specified below.
The purpose of such development is to provide flexibility in the design
and development of land in such a way as to promote the most appropriate
use of land, to facilitate the adequate and economical provision of
streets and utilities and to preserve the natural and scenic qualities
of open space.
A.
The maximum number of single-family lots that may be approved in
a cluster development shall be computed by subtracting from the total
net area a fixed percentage of 35% of total net area to be reserved
as open space and dividing the remaining 65% of the area in a manner
which will result in a gross density that is no higher than would
occur under conventional development in the particular zoning district.
In computing the maximum number of lots that may be created, any lands
which are subject to flooding or which are occupied by public utility
easements in such a manner as to prevent their use and development
shall not be considered part of the total net area.
B.
The minimum area of a cluster development shall be 25 acres, and
such development shall be in single ownership or under unified control.
C.
Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with Article XIII and the following conditions:
(1)
Said site plan shall include areas within which structures may be
located, the height and spacing of buildings, open spaces and their
landscaping, off-street open and enclosed (if any) parking spaces
and streets, driveways and any other physical features relevant to
the proposed plan.
(2)
Said site plan shall include a statement setting forth the nature
of all proposed modifications of existing zoning provisions.
(3)
Said site plan shall be subject to review and public hearing by the
Planning Board in the manner prescribed in the Town Law § 276
(subdivision regulations).
D.
A cluster development shall be organized as one of the following:
a homes association approved by the Federal Housing Administration
for mortgage insurance as a planned unit development and by the Town
Board, a homes association approved by the Town Attorney and Town
Board, or any other arrangement approved by the Town Attorney and
Town Board as satisfying the intent of this chapter. Whenever a homes
association is proposed, the Town Board shall retain the right to
review and approve the articles of incorporation and the character
of said homes association and to require whatever conditions deemed
necessary to ensure that the intent and purpose of this chapter are
carried out.
A.
Purposes.
(1)
It is the purpose of this article to permit but not require, upon
receipt and approval by the Town Board of an application made by the
landowner(s), the establishment of a zoning classification entitled
"Planned Unit Development (PUD) District." Such district may provide:
(a)
A maximum choice in the type of residential, commercial, light
industrial and recreational uses and community facilities that can
be developed.
(b)
More usable open space and recreation areas.
(c)
More convenience in location of certain accessory commercial
and service areas.
(d)
The preservation of trees, outstanding natural topography and
geological features and the prevention of soil erosion.
(e)
A creative use of land and related physical development which
allows an orderly transition from rural to urban uses.
(f)
An efficient use of land resulting in small networks of utilities
and streets and thereby lower housing costs.
(g)
A development pattern in harmony with objectives of the Town
of Massena Comprehensive Plan.
(2)
Generally, these floating districts (permitted within certain zones)
are intended to provide landowners who wish to develop functionally
integrated communities or complexes with the flexibility to do so,
provided that sufficient open space will be preserved and the development
is designed with safeguards to protect the public health, safety and
welfare.
B.
Procedures. The Town Board shall establish PUD Districts in the following
manner:
(1)
The owner(s) of the land in a proposed PUD District shall initially
apply to the Town of Massena Planning Board for the establishment
of a PUD Planned Unit Development District. The application shall
be in writing and include a sketch plan. See the PUD Process Flow
Chart at the end of this chapter.
(a)
Said sketch plan shall be drawn to scale, though it need not
be to the precision of a finished engineering drawing, and it shall
indicate the following information:
[1]
The location and types of the various uses and their areas in
acres.
[2]
The general location of principal and accessory buildings on
the site in relation to one another and to other structures and used
in the vicinity, including bulk and height.
[3]
Delineation of the various residential areas, indicating for
each such area its general location, acreage and composition in terms
of total number of dwelling units, approximate percentage allocation
of dwelling units by type and the calculation of the residential density
in dwelling units per gross acre of site area.
[4]
The general outlines of the interior roadway system and all
existing public and private rights-of-way and easements.
[5]
The location and area of the common open space.
[6]
The overall drainage system.
[7]
A location map showing uses and ownership of abutting lands.
[8]
Provisions of sewers, water and other required utilities.
(b)
In addition, the following documentation shall accompany the
sketch plan:
[1]
Evidence that the proposal is compatible with the goals of the
Town of Massena Comprehensive Plan.
[2]
How common open space is to be owned and maintained.
[3]
If the development is to be staged, a general indication of
how the staging is to proceed. The sketch plan shall show the total
project whether or not the proposed development is to be staged.
(2)
The Planning Board shall review the sketch plan and related documents
and render a report to the applicant on the acceptability of the proposal
along with recommendations for changes or improvements, if any. An
unfavorable report shall state clearly the reasons therefor and, if
appropriate, advise the applicant what revisions are necessary to
receive acceptance.
(3)
Upon receipt of the Planning Board's report, which shall be made
within 62 days of the meeting at which the sketch plan is initially
presented, the applicant shall submit a preliminary PUD development
plan for the project to the Planning Board, including but not limited
to all information required under the Town of Massena Subdivision
Law[1] and for purposes of compliance with the State Environmental
Quality Review Act (SEQRA). The applicant shall also submit, in the
form of a letter or brief, information indicating how the development
will specifically comply with or meet the special use and site plan
review criteria contained in this chapter and the following additional
information:
(a)
An area map showing the property proposed for PUD and adjacent
property, if any, owned by the applicant and all other properties,
roads and easements within 500 feet of the applicant's property.
(b)
The preliminary PUD development plan shall show the location,
proposed uses and height and bulk of all buildings; locations of all
parking and truck loading areas, with egress thereto; location and
proposed development of all open spaces; location of all existing
or proposed site improvements; description and location of water supply,
sewerage system and storm drainage system; location of all signs and
designs of lighting facilities; the extent of building area proposed
for nonresidential uses, if any; the location of existing watercourses
and wetlands; and the location of municipal and fire, light and school
district boundaries.
(4)
Action on preliminary plan.
(a)
Within 62 days of the receipt of a completed preliminary PUD
development plan, the Planning Board shall review such submission,
act upon the SEQRA submission, conduct a public hearing on the development
plan and recommend action to the Town Board regarding establishment
of a PUD District to accommodate the proposed project. It shall concurrently
approve, disapprove or approve with the modifications the preliminary
development plan, conditioning any approval on action of the Town
Board with respect to the PUD District.
(b)
The Planning Board shall approve the PUD plan if it finds that:
[1]
The proposed uses will not be detrimental to present and potential
uses in the area surrounding the proposed district.
[2]
Existing and future highways are suitable and adequate to carry
anticipated traffic associated with the proposed district.
[3]
Existing and future utilities are or will be adequate for the
proposed development.
[4]
The development plan complies with the requirements of this
chapter and is consistent with the Town of Massena Comprehensive Plan.
(c)
Preliminary approval by the Planning Board shall be in the form
of a written statement to the applicant and may include recommendations
to be incorporated in the final site plan. If the preliminary development
plan is disapproved, the statement of the Planning Board shall contain
the reasons for disapproval. The Planning Board may recommend further
study and resubmission of a revised preliminary development plan.
(5)
When the Planning Board has approved a PUD development plan for a
proposed district, the plans shall be filed in the office of the Town
Clerk, and the Town Board shall then proceed to consider amendment
of the law in accord with the Town Law, conducting a hearing and acting
upon the same within 90 days of the meeting at which the Planning
Board's recommendation is received. The Town Board shall, where appropriate,
provide for County Planning Department review of the proposal and
may attach conditions to its approval. When any planned PUD District
is not substantially developed in accordance with the approved preliminary
development plan for a period of three years from the effective date
of its establishment, and provided that it shall then appear that
rights vested in persons acting in good faith in reliance on such
zoning classification will not be prejudiced thereby, the Town Board,
upon resolution and no earlier than 62 days following written notice
to the applicant and general publication in a newspaper of general
circulation, may declare the same, by which action the change in classification
to a PUD District shall be voided. The Town hereby exercises its authority
under § 10 of the Municipal Home Rule Law to supersede § 264
of the New York State Town Law so as to permit voiding of a zoning
change without resorting to further rezoning procedures.
(6)
Final approval.
(a)
After the Planning Board has approved the preliminary PUD development plan, and provided the Town Board has approved the establishment of the PUD District, the applicant shall prepare a final PUD development plan, including all information required under Chapter 191, Subdivision of Land, and submit it to the Planning Board for final approval.
(b)
Where more than 12 months have elapsed between the date of preliminary
approval and the time of submission of the final PUD development plan,
and where the Planning Board finds that conditions affecting the plan
have changed significantly in the interim, the Planning Board may
require a resubmission of the preliminary PUD development plan for
further review and possible revision prior to accepting the proposed
final PUD development plan for approval by the Planning Board. The
applicant(s) may, or the Planning Board may require the applicant
to, submit the final development plan in stages.
(c)
The final PUD development plan shall conform substantially to the preliminary development plan approved by the Planning Board and meet all requirements set forth in Chapter 191, Subdivision of Land, pertaining to final plans. It shall incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Town Board at the time of preliminary review.
(d)
Within 62 days of the receipt of a completed application for
final PUD development plan approval, the Planning Board shall review
and act on such submissions and so notify the Town Board. If no decision
is made within 62 days, the final development plan shall be considered
approved.
(e)
Upon approving an application, the Planning Board shall endorse
its approval on a copy of the final PUD development plan and shall
forward it to the Building Inspector, who may then issue a building
permit to the applicant if the project conforms to all other applicable
requirements of the Town.
(f)
If the application is disapproved, the Planning Board shall
notify the applicant and Town Board of its decision, in writing, and
its reasons for disapproval.
(h)
No building permits shall be issued for construction within
a PUD District until all required improvements are installed or a
performance bond is posted in accordance with the procedures provided
by the Town Subdivision Law.
C.
General requirements.
(1)
Location. A PUD District may be permitted within any underling zoning
district.
(2)
Minimum site area. A PUD District should comprise at least 20 contiguous
acres of land, although lesser-sized tracts may be approved at the
discretion of the Planning Board and the Town Board.
(3)
Density and open space. The density and open space standards applicable
to conservation subdivisions shall also apply to all PUD projects.
(4)
Utilities. All uses situated in a PUD District shall be served by
central water and sewerage systems. The Planning Board may, at its
discretion, approve on-site water and sewer for a PUD with fewer than
50 lots and fewer than 200 residents (in compliance with Part 74,
Public Health Law, § 1120), providing that site conditions
such as soil condition, slope, and percolation rates are suitable.
All water, sewer and gaslines (where available) and all other lines
providing power and communication service shall be installed underground
in the manner prescribed by the appropriate state and local agency
and/or utility company having jurisdiction.
(5)
Permitted uses. All residential uses (except mobile homes, hotels,
motels and resorts) and commercial, light industrial and recreational
uses shall be permitted in PUD Districts.
(6)
Other zoning regulations. With the exception of lot and yard requirements
which may be waived or modified by the Planning Board, the PUD District
shall comply with all other provisions of this chapter. No modification
or waiving of density standards generally applicable to PUD Districts
shall be permitted. Density for nonresidential uses shall be determined
on the basis of projected sewage flows, with an equivalent dwelling
unit being that amount of flow normally associated with a one-family
residential dwelling.
(7)
Ownership. The land proposed for a PUD District may be owned, leased
or controlled either by an individual, corporation or by a group of
individuals or corporations. PUD District applications shall be filed
by the owner or jointly by all owners of the property included in
the application. In the case of multiple ownership, the approved plan
shall be binding on all owners.
(8)
Organization. A PUD District may be organized as a condominium, a
cooperative, a leasehold or held in individual or corporate ownership.
If a property owners' association (POA) is to be established, and
one shall be required if any property is to be held in common, such
POA shall be organized as provided for conservation subdivisions in
the Town Subdivision Law.[3]
(9)
PUD Process Flow Chart: included at the end of this chapter.
A.
Purpose. The purpose of these supplemental regulations is to promote
the health, safety and general welfare of the residents of the Town
of Massena; to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of telecommunications towers in the community by
encouraging shared use of existing and future towers and the use of
existing tall buildings and other high structures; and to minimize
adverse visual effects from telecommunications towers by requiring
careful siting, consideration of visual impact assessment and appropriate
landscaping so as to minimize the impact upon the environment.
B.
Application.
(1)
No telecommunications facility, except those approved prior to the
effective date of this section, shall be used unless in conformity
with these regulations. No telecommunications facility shall hereafter
be erected, moved, reconstructed, changed or altered unless in conformity
with these regulations. No existing structure shall be modified to
serve as a telecommunications facility unless in conformity with these
regulations. These regulations shall not, however, apply to emergency
services communications systems or to ham radio and television facilities
of less than 100 feet in height.
(2)
Applicants proposing new telecommunications facilities, physical
expansion of existing telecommunications facilities or the location
of telecommunications facilities within or on other existing structures
shall require a special use permit and site plan review hereunder.
(3)
Applications for cellular communications towers to be erected by
other than FCC-licensed carriers shall require evidence of agreement
with one or more such carriers to occupy the towers.
(4)
Applicants proposing to co-locate new telecommunications arrays on
a previously approved telecommunications facility without extending
the height thereof or otherwise physically expanding the facilities
except for additional equipment buildings within previously designated
fenced-in areas shall not require a special use permit or site plan
review but shall require accessory use permits.
(5)
All applications for special use permits to construct telecommunications
facilities shall be accompanied by the following additional information
where applicable:
(a)
Documentation of intent from the owner of any existing facility
to allow shared use of the same.
(b)
A site plan depicting all existing and proposed structures and
improvements, including antennas, roads, buildings, guy wires and
anchors, parking and landscaping and shall include grading plans for
new facilities and roads. Any methods used to conceal the modifications
of the existing facility shall also be indicated on the site plan.
(c)
A professional engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
any existing structure and explaining what modifications, if any,
will be required in order to so certify. A soils report prepared by
such professional engineer shall also be submitted to support the
design specifications of the foundation for any new tower, and anchors
for the guy wires, if used.
(d)
A completed visual environmental assessment form addendum. This
addendum shall be accompanied by a visual impact assessment which
shall include:
[1]
A Zone of Visibility Map, which shall be provided in order to
determine locations where the tower may be seen.
[2]
Visual representations of "before" and "after" views from key
viewpoints both inside and outside of the Town, including but not
limited to state highways and other major roads, state and local parks,
other public lands, preserves and historic sites normally open to
the public, and from any other location where the site is visible
to a large number of visitors or travelers. The Board shall determine
the appropriate key sites at a presubmission conference with the applicant.
[3]
Assessment of alternative tower designs and color schemes (see
below).
[4]
Assessment of the visual impact of the tower base, guy wires,
accessory buildings and overhead utility lines from abutting properties
and streets.
[5]
Review of those alternative sites determined to be feasible
from an engineering perspective (see requirements below) to determine
which would be in the best interest of preserving the aesthetic and
natural character of the neighborhood.
(e)
A certified copy of the Federal Communications Commission (FCC)
license to operate the telecommunications facility.
(f)
If land is leased, documentation of intent from the owner to
allow use and affirming intent to remove the tower if abandoned, obsolete
or unused for more than 24 months.
(g)
A letter of intent committing the owner of any proposed new
tower and successors in interest to negotiate in good faith for shared
use of the proposed tower by other telecommunications providers in
the future. Failure to abide by the conditions outlined in the letter
may be grounds for revocation of any special use permit granted. The
letter shall commit the new tower owner and his/her successors in
interest to:
[1]
Respond within 90 days to a request for information from a potential
shared-use applicant.
[2]
Negotiate in good faith concerning future requests for shared
use of the new tower by other telecommunications providers.
[3]
Allow shared use of the new tower if another telecommunications
provider agrees in writing to pay reasonable charges. The charge may
include but is not limited to a pro rata share of the cost of site
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity and depreciation,
and all the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
(h)
Documentation that the proposed tower adequately addresses all
aspects of aviation safety in view of known local aviation traffic
as well as federal aviation regulations (Code of Federal Regulations
Part 77).
(i)
All property owners and adjacent municipalities within 500 feet
of the outside perimeter of the communications structure, including
guy wires, shall be notified by certified mail at least 10 days prior
to the Planning Board granting special use approval for such a structure.
This responsibility shall be the applicant's, and such applicant shall
provide proof of notification as part of its final application.
(j)
A site location alternative analysis, including an analysis of the location priorities set forth in Article IX of this chapter, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
[1]
How the proposed location of the wireless telecommunications
tower or antennas relates to the objective of providing full wireless
communications services within the Town of Massena.
[2]
How the proposed location of the wireless telecommunications
tower/facility relates to the location of any existing antennas or
towers within or near the Massena area.
[3]
How the proposed location of the wireless telecommunications
tower/facility relates to the anticipated need for additional antennas
or towers within and near the Town of Massena by the applicant and
by other providers of wireless telecommunications services within
the area.
[4]
How the proposed location of the wireless telecommunications
tower/facility relates to the Town's goal of maintaining concealed
or reduced tower height with groups of towers within close proximity
to one another rather than isolated, taller towers with many users
at greater tower heights at random locations throughout the Town of
Massena.
C.
ANTENNA
ARRAY
TELECOMMUNICATIONS EQUIPMENT BUILDING
TELECOMMUNICATIONS FACILITY
TOWER
Special definitions. As used in this chapter, the following terms
shall have the meanings indicated:
A device of 35 feet or more in height used to collect or
transmit telecommunications or radio signals. Examples are panels,
microwave dishes, and single poles known as "whips." This definition
is not meant to include home television or amateur radio apparatus.
Telecommunications signal receiving or transmitting device
attached to telecommunications tower and not extending the height
thereof.
The building in which the electronic receiving and relay
equipment for a telecommunications facility is housed.
Consists of the equipment and structures involved in receiving
or transmitting telecommunications or radio signals, but limited to
those facilities with respect to which the state and federal governments
have not, under public utility laws, strictly preempted the Town of
Massena from regulating.
A structure of 35 or more feet in height that is intended
to support equipment used to transmit and/or receive telecommunications
signals. Examples of such structures include monopoles and lattice
construction steel structures.
D.
Design and location standards. The following design and location
standards shall apply to all telecommunications facilities:
(1)
The location of the tower and equipment building shall comply with
all natural resource protection standards of this chapter.
(2)
An evergreen screen consisting of a row of eight-foot-high evergreen
trees planted 10 feet on center maximum shall be located around the
perimeter of the security fence. The Planning Board may, however,
modify or waive screening requirements if the site is entirely or
partially wooded so as to provide existing screening. Existing on-site
vegetation shall be preserved to the maximum extent possible.
(3)
An eight-foot-high security fence shall completely surround the tower
(and guy wires if used) and equipment building.
(4)
The tower and antenna shall be designed and constructed to all applicable
standards of the American National Standards Institute, TIA/EIA-222-F
manual, as amended, and withstand wind gusts of up to 100 miles per
hour.
(5)
An antenna may not be located on a building or structure that is
listed on a historic register or within 500 feet of such a structure.
(6)
Telecommunications facilities shall be permitted as a sole use on
any lot in R-A and I Districts subject to special use procedures and
the following: a) all proposed telecommunications tower and accessory
structures shall be located on a single parcel and a set back from
abutting residential parcels, public property or street lines a distance
sufficient to contain on site substantially all ice fall or debris
from tower failure and preserve the privacy of the adjoining residential
properties; b) lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements; if
the land is to be leased, the entire lot required shall be leased
from a single parcel; c) all tower bases shall be located at a minimum
setback from any property line a minimum distance equal to 1 1/2
times the height of the tower. Provided that no residences directly
adjoin the site, and the applicant can demonstrate that lesser standards
will, because of buffers and screening, not have a major aesthetic
impact on the area or unduly interfere with the use and enjoyment
of such adjacent properties, setback requirements may specifically
be reduced to the fall-down limit plus 15 feet. This provision shall
also apply where the net effect of requiring the full setback would
be to necessitate additional lighting or tower height.
(7)
A telecommunications facility shall be permitted on a property with
an existing use subject to the following conditions:
(a)
The telecommunications facility shall be fully automated and
unattended on a daily basis and shall be visited only for periodic
maintenance.
(b)
Minimum lot area. The minimum lot area required above shall
apply to the area proposed for use as a telecommunications facility,
and the land remaining for accommodation of the principal use on the
lot shall comply with the standard minimum lot area for the district.
(c)
Minimum setbacks. The minimum yards required above shall apply
to the area proposed for use as a telecommunications facility, and
the land remaining for accommodation of the principal use on the lot
shall comply with the standard minimum yard provisions of the district.
(d)
Access. The vehicular access to the equipment building shall,
whenever feasible, be provided along the circulation driveways of
the existing use.
(8)
Where an antenna for a telecommunications facility is to be attached
to an existing structure or building, it shall be subject to the following
conditions:
(a)
Maximum height: 75 feet above the existing building or structure.
(b)
If the applicant proposes to locate the telecommunications equipment
in a separate building, the building shall comply with the minimum
setback requirements for the subject zoning district, an eight-foot-high
security fence shall surround the building, a buffer yard shall be
planted as required above, and vehicular access to the building shall
not interfere with the parking or vehicular circulations on the site
for the principal use.
(c)
Elevations of existing and proposed structures showing width,
depth, and height, use statistical data on the antenna and support
structure shall be presented.
(d)
The antenna or array shall be camouflaged or otherwise designed
to be aesthetically compatible with the existing architectural and
natural environment.
(9)
Notwithstanding minimum setbacks provided for above, any tower shall
be set back from all property lines a distance that is at least equal
to the height of the tower.
(10)
Vehicular access shall be provided to the facility and be of
such passable condition as to be safely accessible by emergency and
maintenance vehicles and equipment. Road construction shall, at all
times, minimize ground disturbance and vegetation cutting to within
the toe of fill, the edge of cuts or no more than 10 feet beyond the
edge of any pavement. Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
Parking shall be provided to assure adequate emergency and service
access in accordance with the Code.
(11)
No signs shall be permitted on either the tower or equipment
building, except for those signs required by law or containing such
information as owner contact information, warnings. These signs shall
not exceed two square feet in total area. Absolutely no commercial
advertising shall be permitted on any wireless telecommunications
tower or equipment building.
E.
Plan review criteria. Communications facilities shall be subject
to all the ordinary review criteria applicable to special uses plus
the following:
(1)
The Planning Board shall be satisfied that the tower for the communications
facility is the minimum height necessary for the service area and
that the site chosen is the one that will afford the opportunity to
construct the lowest-height communications tower possible, taking
into consideration all lands available within a reasonable distance,
including those which may lie within adjoining municipalities.
(2)
The need for additional buffer yard treatment shall be evaluated.
Proximity of the communications structure to existing or platted residential
properties shall be considered in applying such requirements. Existing
trees on the site which serve to provide a natural buffer shall be
preserved unless absolutely required to be removed for purposes of
access or safety.
(3)
Visual assessment data shall be used to determine how the communications
facility will appear once constructed in relation to the surrounding
natural environment and from the perspective of adjacent or nearby
residents as well as travelers. Camouflaging or relocation of the
structure may be required. The Planning Board shall also consider
alternative sites in assessing visual impacts and the imposing of
conditions as may be required to minimize such impacts, including
requirements that any tower be of a shape, contour and finish (either
painted or unpainted) that minimizes its visual impact. The Planning
Board may also require a tower to be in the shape of a tree, flagpole,
church steeple or other similar tall structures. Accessory structures
shall similarly maximize the use of building materials, colors and
textures designed to blend with natural surroundings.
(4)
Freestanding pole-type communications structures shall be given preference
over towers supported by guy wires.
(5)
All communications structures shall be lighted for safety in a manner
consistent with industry best practices, and where lighted, additional
setbacks may be imposed to shield adjacent properties from the effects
of such lighting.
(6)
Should any tower cease to be used as a communications facility, the
owner or operator or then owner of the land on which the tower is
located shall be required to remove the same within one year from
the abandonment of use. Failure to do so shall authorize the Town
of Massena to remove the facility and charge back the cost of removal
to the foregoing parties. The Town of Massena may also file a municipal
lien against the land to recover the costs of removal and attorney's
fees.
(7)
Shared use of existing structures (for example, municipal water towers,
multistory buildings, church steeples and farm silos) and existing
or approved towers shall be given preference over construction of
new towers. Where shared use of all existing tall structures and existing
or approved towers is found to be impractical, the applicant shall
investigate shared usage of an existing tower site for its ability
to accommodate a new tower and accessory uses. Documentation and conditions
shall be in accordance with § 207-38B(5)above. Any proposals
for a new telecommunications tower on an existing site shall also
be subject to special use permit procedures.
(8)
An applicant for approval of a communications structure shall include
with the application evidence of written contact with all wireless
service providers who supply service within the Town for the purpose
of assessing the feasibility of co-located facilities, and co-location
shall be mandatory wherever physically feasible. Should co-location
not be feasible, the applicant shall demonstrate that a good faith
effort has been made to mount the antenna on an existing building
or structure, including proof of contacts, building investigations
and similar evidence. Should such efforts fail to result in a suitable
site, a new communications tower may be permitted but shall be constructed
to provide available capacity for other providers should there be
a future additional need for such facilities, including provision
of the necessary tower height to accommodate such other users without
adding additional height in the future. Where co-location is proposed,
the different companies using the facility shall also work from common
maintenance and service buildings, if the same are located on the
site.
A.
Findings. There is currently, in certain areas of New York State,
a substantial growth in the number of adult entertainment uses and
an increasing trend toward the concentration of adult entertainment
establishments. Based upon recent studies evaluating the nature and
extent of adverse secondary effects caused by adult uses in residential
and commercial areas, including a 1996 study by the City of Newburgh,
a 1994 study by the City of New York, and a 1980 study by the City
of Islip, the Town Board hereby finds that adult uses have negative
secondary impacts such as a deterioration of community character and
quality of life, depreciation of property values, increase in crime
rates, and the blighting or downgrading of surrounding neighborhoods
and commercial uses.
B.
Purpose. In the development and execution of this section, it is
recognized that there are some adult uses which, because of their
very nature, are recognized as having serious objectionable characteristics.
The objectionable characteristics of these uses are further heightened
by their concentration in any one area, thereby having deleterious
effects on adjacent areas. Special regulation of these uses is necessary
to ensure that these adverse effects will not contribute to the blighting
or downgrading of surrounding neighborhoods or land uses, increase
crime or police calls, contribute to the spread of prostitution and
AIDS, increase the quantity of transients in residential and commercial
areas, cause a deterioration in the quality of life in residential
neighborhoods, increase the accessibility of adult-oriented material
and entertainment to minors, and encourage residents and businesses
to locate elsewhere.
C.
Special definitions.
(1)
ADULT USE
(a)
(b)
(c)
(d)
(e)
(f)
NUDITY
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
As used in this chapter, the following terms shall have the meanings
indicated:
An establishment consisting of, including, or having the
characteristics of any or all of the following:
Adult bookstore, newsstand, video store, or combination: An
establishment having more than 40% of its stock-in-trade, floor area,
or display area used for the sale or rental of books, magazines, publications,
tapes, or films that are distinguished or characterized by the emphasis
on sexually oriented material depicting, describing, or relating to
sexual activities or anatomical genital areas.
Sex shop: Any establishment offering, for sale or rent, items
from any two of the following categories: sexually oriented books,
magazines and videos; leather goods marketed or presented in a context
to suggest their use for sexual activities; sexually oriented toys
or novelties; or video viewing booths; or an establishment that advertises
or holds itself out in any forum as a sexually oriented business.
Video viewing booth: often referred to as "peep shows" and characterized
by small private booths rented to individuals to view sexually explicit
films or tapes.
Adult motion-picture theater: A building used for presenting
films distinguished or characterized by an emphasis on matter depicting,
describing, or relating to sexual activities or anatomical genital
areas.
Adult cabaret: An establishment, either with or without a liquor
license, offering sexually oriented live entertainment, which may
include topless and go-go dancers, strippers, or male or female impersonators.
Head (drug paraphernalia) shop: An establishment having more
than 40% of its stock-in-trade, floor area, or display area used for
the sale, lease, trade, gift or display of drug paraphernalia, or
an establishment that advertises or holds itself out in any forum
as a drug or drug-paraphernalia-oriented business.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering of any part of
the nipple, or the showing of the covered male genitals in a discernibly
turgid state.
(2)
Nothing in these definitions shall be construed to incorporate breastfeeding,
single-sex restrooms and showers or items and displays of recognized
artistic merit as previously interpreted by the U.S. Supreme Court
or activities in a private residence by the occupants thereof.
D.
Separation requirements applicable to adult uses. Adult uses shall
be limited to existing 1-1 Industrial Districts. They shall be considered
special uses subject to site plan review. Because adult uses can lend
themselves to ancillary unlawful and unhealthy activities, they shall
also be separated from other uses that could be severely impacted
by their presence or that, in combination with the adult uses, accentuate
the negative impacts on the area. These distances shall be measured
in a straight line, without regard to intervening obstacles, from
the nearest portion of the structure incorporating any aspect of the
adult use to the nearest property line of the premises incorporating
any of the above-listed uses.
(1)
No adult use shall be located within a two-hundred-foot radius of
any other residential or commercial zoning district or another adult
use.
(2)
No adult use shall be located within a one-thousand-foot radius of
the property of any residence, residential facility, institution,
health facility, child-care center, church, synagogue, other place
of religious worship, school, public or semipublic use, public park
or recreation facility, youth-oriented center, playground or playing
field, cemetery or any establishment that sells alcoholic beverages.
E.
Exterior display prohibited. No adult use shall be conducted in any
manner that allows the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way. This provision shall apply to any display,
decoration, sign, show window or other opening.
F.
Signage. Adult use signage shall be limited to one approved ground
sign not to exceed a surface area of 36 square feet for both sides
combined.
G.
Nonconforming buildings. No nonconforming building or lot shall be
used for an adult use.
H.
Activities. Because they are known to encourage prostitution, increase
sexual assaults and attract criminal activity, the following activities
shall not be permitted in any adult-oriented or other business or
any other public place within the Town of Massena:
(1)
Public appearance by a person knowingly or intentionally engaged
in specified sexual activities.
(2)
The knowing and intentional public appearance of a person or persons
in a state of nudity on a recurring basis for commercial gain.
(3)
Touching of patrons or the performance by any entertainer in an adult
use facility within six feet of the nearest patron.
(4)
Sale of alcoholic beverages.
I.
Loudspeakers. No loudspeaker or similar audio equipment used to describe
or discuss specified anatomical areas or specified sexual activities
shall be audible beyond the exterior of the structure in which it
is located.
The Planning Board, in reviewing the site plan for any proposed
commercial or industrial conditional use application, shall consider
its conformity to the Town of Massena Comprehensive Plan and the various
other plans, regulations and ordinances of the Town. Conservation
features, aesthetics, landscaping and impact on surrounding development
as well as on the entire Town shall be part of the review. Traffic
flow, circulation and parking shall be reviewed to ensure the safety
of the public and of the users of the facility and to ensure that
there is no unreasonable interference with traffic on surrounding
streets. The Planning Board shall further consider the following specific
factors:
A.
Building design and location. Building design and location shall
be suitable for the use intended and compatible with natural and man-made
surroundings. New buildings, for example, shall generally be placed
along the edges and not in the middle of open fields. They shall also
be sited so as to not protrude above treetops or the crestlines of
hills seen from public places and busy highways. Building color, materials
and design shall be adapted to surroundings as opposed to adaptation
of the site to the building or the building to an arbitrary national
franchise concept.
B.
Large commercial buildings. Commercial facades of more than 100 feet
in length shall incorporate recesses and projections, such as windows,
awnings and arcades, along 20% of the facade length. Variations in
rooflines shall be added to reduce the massive scale of these structures
and add interest. All facades of such a building that are visible
from adjoining streets or properties shall exhibit features comparable
in character to the front so as to better integrate with the community.
Where such facades face adjacent residential uses, earthen berms planted
with evergreen trees shall be provided. Loading docks, garbage dumpster
facilities and other accessory facilities shall be incorporated in
the building design and screened with materials comparable in quality
to the principal structure. Sidewalks shall be provided along the
full length of any facade with a customer entrance and integrated
into a system of internal landscape-defined pedestrian walkways breaking
up all parking areas.
C.
Lighting and signage. Improvements made to the property shall not
detract from the character of the neighborhood by producing excessive
lighting or unnecessary sign proliferation. Recessed lighting and
landscaped ground signs are preferred.
D.
Parking and accessory buildings. Parking areas shall be placed in
the rear whenever possible and provide for connections with adjoining
lots. Accessory buildings shall also be located in the rear with access
from rear alleys. If placement in the rear is not possible, parking
lots shall be located to the side with screening from the street.
E.
Drainage systems. Storm drainage, flooding and erosion and sedimentation
controls shall be employed to prevent injury to persons, water damage
to property and siltation to streams and other water bodies.
F.
Landscape preservation. Trees, shrubs and other landscaping shall
be used to buffer or soften a use in terms of visual or other impacts
on adjoining property owners. Impacts on other Town residents and
visitors, on whom the local economy often depends, shall also be considered.
Existing landscape features such as stone walls, hedgerows, tree borders
and individual large trees shall be retained for this purpose, and
removal shall be limited to the area of building or driveway construction
unless additional sight distance is required.
G.
Driveway and road construction. Whenever feasible, existing roads
onto or across properties shall be retained and reused instead of
building new, so as to maximize the use of present features such as
stone walls and tree borders and avoid unnecessary destruction of
landscape and tree canopy. Developers building new driveways or roads
through wooded areas shall reduce removal of tree canopy by restricting
clearing and pavement width to the minimum required for safely accommodating
anticipated traffic flows.
H.
Construction on slopes. The crossing of steep slopes with roads and
driveways shall be minimized, and building which does take place on
slopes shall be multistoried, with entrances at different levels as
opposed to regrading the site flat.
I.
Tree borders. New driveways onto principal thoroughfares shall be
minimized for both traffic safety and aesthetic purposes and interior
access drives that preserve tree borders along highways shall be used
as an alternative. Developers who preserve tree borders shall be permitted
to recover density on the interior of their property through use of
clustering.
J.
Development at intersections. Building sites at prominent intersections
of new developments shall be reserved for equally prominent buildings
or features which will appropriately terminate the street vistas.
All street corners shall be defined with buildings, trees or sidewalks.
K.
Streets and sidewalks. Roads and drives that connect to existing
streets on both ends are generally preferable to cul-de-sac and dead-end
streets and shall ordinarily be used unless traffic safety issues
will be mitigated by the use of a cul-de-sac or dead-end street. Streets
within more densely developed residential areas (two or more units
per acre) shall be accompanied by on-street parking and a sidewalk
on at least one side of the street. Sidewalks shall also be provided
in connection with new commercial development adjacent to residential
areas, and pedestrian access shall be encouraged.
L.
Setbacks. New buildings on a street shall conform to the dominant
setback line and be aligned parallel to the street so as to create
a defined edge to the public space. Where commercial or industrial
uses adjoin residential properties or districts, the Planning Board
may require greater setbacks and landscaped buffered areas than otherwise
required herein for purposes of transitioning from one use to the
other and protecting the integrity of residential uses.
M.
Utilities. The impact of the proposed use on the capacities of existing
sewer and water utilities shall be thoroughly evaluated in terms of
both quality and quantity. Where the impact of the proposed new use
would substantially consume existing capacities and leave inadequate
reserve capacity to deal with seasonal or other needs or pose a threat
to the health and safety of any existing water supply, the Planning
Board may require the applicant to mitigate the impacts by providing
supplementary capacities or taking alternative measures to provide
for these needs. The Planning Board may also require the applicant
to post performance guarantees in the manner provided in the Town
Subdivision Law[1] to ensure that the proper protection mechanisms are in
place and will be maintained in the future. Where mitigation is not
possible, the use shall be denied.
N.
The Planning Board may waive any of the above standards.
A.
The Planning Board may, to assure an acceptable buffer between adjacent
residential and nonresidential uses and create a healthy, safe and
aesthetically pleasing environment in the Town, require a landscape
plan be prepared as part of any special use application. Such a plan
may also be required whenever any nonresidential use is proposed in
any district so as to buffer parking areas and buildings from the
highway, each other and other uses. Where it is determined that a
proposed special use would not have a significant impact on the natural
environment, adjoining landowners or the view from a public highway,
these requirements may be appropriately modified by the Planning Board.
B.
The landscape plan, if required, shall specify locations of all mature
shade trees or other species of six-inch caliper or greater and indicate
existing vegetation to be removed or preserved. It shall demonstrate
how building materials, colors, and textures will be blended with
the natural and man-made landscape. It shall also include visual depictions
of the proposed landscape from the perspective of persons who will
view the site from the highway or adjoining properties. Specific locations,
varieties, sizes, winter hardiness, and schedules for all proposed
plantings shall, too, be provided as part of the plan.
C.
The Planning Board, in reviewing a landscape plan, may employ the
assistance of design professionals. The Planning Board shall also
specifically consider the following before approving, approving with
modifications or disapproving the special use:
(1)
The plan shall promote attractive development, preserve existing
vegetation to the maximum extent possible, enhance the appearance
of the property and complement the character of the surrounding area.
(2)
The plan shall use landscaping to delineate or define vehicular and
pedestrian ways and open space.
(3)
The plant material selected shall be of complementary character to
buildings, structures and native plant species and be of sufficient
size and quality to accomplish its intended purposes.
(4)
The plan shall effectively buffer the activity from adjoining land
uses as may be necessary and soften the impact of other site development
as contrasted with the natural environment.
(5)
The plan shall be realistic in terms of maintenance and use materials
which, as a minimum, are winter hardy to Zone 4. Consideration and
determination of the adequacy of the above plan requirements are at
the Planning Board's discretion.
D.
Landscaping guidelines. The following minimum specifications are
suggested guidelines that the Planning Board may apply when new landscaping
is required:
(1)
The minimum branching height for all shade trees shall be six feet.
(2)
Shade trees shall have a minimum caliper of three inches (measured
four feet above grade) and be at least 12 feet in height when planted.
(3)
Evergreen trees shall be a minimum of six feet in height when planted.
(4)
Shrubs shall be a minimum of 24 inches in height when planted. Hedges
shall form a continuous visual screen within two years after planting.
(5)
A buffer screen at least 15 feet in width along any residential lot
line shall be provided. It shall include, at a minimum, an opaque
wooden stockade fence six feet in height and one evergreen tree for
every 15 linear feet of property line. An additional row of evergreens
meeting these standards, and offset such that each row serves to place
trees between the gaps of the other, shall be permitted as a substitute
for the stockade fence.
(6)
A landscape strip at least 15 feet in width, which includes at least
one deciduous tree for every 35 linear feet of perimeter lot line,
shall be required for any nonresidential use. Such deciduous trees
shall also be accompanied by smaller shrubs and ground cover as may
be required to effectively separate and buffer the activity from the
highway but still allow for visibility of the use. The width of this
buffer may be reduced along the rear and side lot lines for good cause,
but not along the front lot line.
(7)
All lot area (except where existing vegetation is preserved) shall
be landscaped with grass, ground cover, shrubs, or other appropriate
cover.
(8)
The preservation of mature shade trees shall be required unless there
is no alternative but to remove them. These may be used to meet requirements
of this section, provided that the Planning Board determines the purpose
of this section is achieved.
E.
A performance guarantee in a form acceptable to the Town Attorney
in the amount of 125% of the cost of materials and installation may
be required by the Planning Board to assure that all landscaping survives
in a healthy condition one full year. The Code Enforcement Officer
or Planning Board, as the case may be, shall determine the amount
of the guarantee and consider financial impacts of this requirement
on the project. The Code Enforcement Officer shall have the right
to enter upon the property to inspect the landscaping and, after notifying
the owner of any deficiencies, to require that the guarantee be used
to pay for the replacement of any dead, dying, diseased, stunned or
infested plant materials.
F.
All applicable requirements of these landscaping regulations imposed
by the Planning Board shall be fully met prior to the Code Enforcement
Officer granting a certificate of occupancy for a new building or
use subject to these regulations.
