[Amended 12-8-2005 by L.L. No. 2-2005]
The uses set forth in this article may be permitted in the use
district specified for each use, provided that a special use permit
is obtained from the Planning Board under the terms and conditions
specified in this chapter.
Public utility uses, such as dial equipment centers, telephone
and electrical substations, bus stops and stations and railroads,
but no service or storage yards, may be permitted in any district
with a special use permit. No special use permit shall be issued unless
it is determined that:
A.
The proposed installation in the specific location requested is necessary
and convenient for the efficiency of the public utility system or
the satisfactory and convenient provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
B.
The design of any building in connection with such facility conforms
to the general character of the area and will not adversely affect
the safe and comfortable enjoyment of property rights of the zone
in which it is located.
C.
Adequate and attractive fences and other safety devices will be provided.
D.
A buffer strip 10 feet in width shall be provided around the perimeter
of the property.
E.
Adequate off-street parking shall be provided.
F.
All of the area, yard and building coverage requirements of the respective
zone will be met.
[Amended 12-8-2005 by L.L. No. 2-2005]
Camping grounds may be permitted in any district with a special
use permit. No use permit shall be issued unless the Planning Board
shall determine that:
A.
The camp is located on a well-drained site, suitable for the purpose,
with an adequate entrance road at least 20 feet wide.
B.
Trailer lots shall have an area not less than 2,400 square feet,
with a minimum width of 40 feet and a minimum depth of 60 feet.
C.
No house trailer shall be located within 100 feet of any highway
or street line nor within 50 feet of any adjacent property line. Each
house trailer shall have an entrance platform of concrete construction
to conform with the overall plan.
D.
Each camp shall provide sanitary conveniences, such as toilets, wash
rooms and laundries, and services and utilities, including water supply,
sewage disposal, lighting, garbage disposal and incinerator, as approved
by the Niagara County Health Department.
E.
Playground areas shall be provided and shall be restricted to such
use. These areas shall be protected from the main highway and from
parking areas. A minimum of 100 square feet per camping space shall
be made available in one or more places for such playground areas.
F.
In no event shall any camp space be occupied continuously for more
than six months, and each space shall remain unoccupied for at least
three months of each year.
[Added 12-8-2005 by L.L. No. 2-2005[1]]
A.
Excavation of earth products.
(1)
Mining is prohibited in the Town of Hartland. No person shall strip, excavate, mine or otherwise remove, in any use district, soil, gravel, fill, or an earth product from the soil, except as required for the construction or alteration of buildings, structures, roads or infrastructures on the premises, and excavation and/or grading incidental thereto, or the construction of ponds in conformance with Subsection B.
(2)
No such materials shall be removed from the premises, provided that
where an approved residential, commercial or industrial building or
development, other than the construction of ponds, requires more soil
removal than can be utilized on or integrated into the premises or
the subdivision in which it is located, as determined by the Planning
Board, soil may be trucked off site after all requirements of the
site are met. No such material shall be removed for sale or resale.
B.
Regulations and restrictions applying to ponds.
(1)
Restrictions. No pond shall be constructed in the Town of Hartland
except in conformance with this section and after obtaining a special
use permit in accordance with the provisions of this section and such
additional requirements as shall be determined by the Planning Board.
(2)
POND
Definitions. As used herein, the following terms shall have the meanings
indicated:
Any man-made body of water, with a surface area greater than
100 square feet and/or a depth of more than 18 inches, except:
(a)
Concrete or prefabricated swimming pools;
(b)
Prefabricated or concrete decorative basins less than 18 inches
in depth;
(c)
Drainage retention or detention ponds specified, necessary solely
for drainage purposes, designed and/or approved as part of an approved
site plan or subdivision development or otherwise mandated by the
Town of Hartland.
(3)
Districts where allowed. Ponds shall be constructed only in A (Agricultural),
R-1 (One-Family Residential), and REC (Recreational) Districts.
(4)
Dimensional requirements; restrictions.
(a)
Ponds may not be closer than 200 feet to any road right-of-way.
(b)
Ponds shall not be closer than 100 feet to any property line.
(c)
Ponds shall not be closer than 100 feet to any residential building.
(d)
No pond shall be constructed in excess of two acres.
(e)
No earth materials shall be removed from the premises on which
the pond is constructed.
(5)
Design standards; procedure.
(a)
No pond shall be constructed without site plan approval by the
Planning Board.
(b)
All new ponds shall conform to the requirements of the Soil
Conservation Service (SCS) of the United States Department of Agriculture
or its successor agency.
(c)
The pond shall be designed by the SCS or by a licensed professional
engineer.
(d)
The site plan application shall be to scale and shall be accompanied
by a pond design report meeting the following requirements:
[1]
The report shall include site soil types and groundwater levels.
[2]
The site plan shall reference SCS standards.
[3]
The site plan shall indicate how the pond will maintain appropriate
water depths.
[4]
The site plan shall show any inflow or outflow piping/ditches
and the location of any ditches, swales or watercourses on the site
and shall detail side slopes.
[5]
Any other information required by the Planning Board shall be
included.
(e)
No pond may adversely interfere with or impede the natural flow
of water nor adversely impact any floodplain or wetland area.
(6)
Maintenance. All ponds shall be maintained so as to assure that they
do not become offensive to neighboring properties by reason of stagnation,
algae, mosquito breeding and similar conditions.
(7)
Earth material excavated for the construction of a pond that cannot
be utilized on or integrated into the premises in which it is located,
as determined by the Planning Board, may be trucked off site to another
premises located within the Town of Hartland or within one mile of
said pond upon specific authorization by the Planning Board. Notwithstanding
the above, no such material shall be removed for sale or resale.
[Added 3-12-2015 by L.L. No. 2-2015]
[1]
Editor's Note: This local law also repealed former § 144-40.
Commercial excavation operations, as amended.
[Added 12-8-2005 by L.L. No. 2-2005[1]]
A.
Findings. The Town Board of the Town of Hartland makes the following
findings:
(1)
An aging population, with extended life expectancy, the rural nature
of the Town of Hartland and the high cost of custodial or semicustodial
care and of adult-care residences, as well as the shortage of appropriate
housing for senior citizens with some disabilities or infirmities
in the Town of Hartland, and the need for family support and proximity
for aging parents, cause a need for alternative forms of living for
elderly parents of residents of the Town of Hartland.
(2)
Some, but not all, properties in the Town of Hartland are so located,
and contain sufficient area, to allow for the establishment of temporary
second residences in the Town on the same lot as the principal residence,
without unduly interfering with the nature and character of the neighborhood
in which they are located or with the value, use and enjoyment of
the neighboring or nearby properties, for parents of the owners of
said premises.
B.
ECHO RESIDENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A second residence located on a lot as an accessory building
occupied by a parent or grandparent of the lot owner, where the lot
owner or the lot owner's spouse is the occupant of the principal residence
on said lot.
C.
Permits. The Planning Board may permit as a special use an echo residence
in an R-1, R-2, R-3 or A District upon such terms and conditions as
the Planning Board may deem appropriate, only where the parent or
grandparent is over the age of 60 and the Planning Board finds that
said parent or grandparent for medical reasons is in need of some
assistance in living and should be in close proximity to his or her
children. The applicant must submit medical evidence sufficient to
establish this criteria in such form as the Planning Board may deem
appropriate.
D.
Permit renewal; termination of permit.
(1)
Said residence may continue upon annual renewal for so long as the
conditions at the time of the application continue and the other criteria
of this section are satisfied.
(2)
The special permit shall immediately terminate on the happening of
the following:
(a)
The death of the occupant of the echo residence.
(b)
The absence of the occupant of the echo residence for a period
of 60 days for any reason.
(c)
The child or grandchild ceasing to reside in the principal residence.
(d)
The admission of the echo resident to an extended-care facility
or any other place of residence.
(e)
The failure to pay the annual fee established for said permit or to renew the permit as set forth in § 144-41H.
(f)
The failure to meet any condition of the permit.
E.
Removal. The echo residence shall be completely removed from the
property within 30 days following the expiration or the permit.
F.
General conditions.
(1)
The echo residence may be serviced by water from the principal residence,
installed in accordance with the applicable building codes.
(2)
The echo residence shall be serviced by a sufficient private sewage
facility to meet all Town, county and other governmental requirements
and shall otherwise meet all building code requirements, except that
the echo residence may be a mobile home.
(3)
The echo residence shall not be closer to the street than the front
facade of the principal residence, and the lot shall meet all setback
and area requirements of this chapter.
(4)
The echo residence shall be of sufficient size to comfortably accommodate
the occupants. Travel trailers and motor homes shall not be allowed.
(5)
The occupants of the echo residence shall be limited to the parents
or grandparents and their spouses of lot owners and their spouses.
G.
Required findings; issuance of permit. Prior to the granting of such
a permit, the Planning Board shall hold a public hearing. The Planning
Board shall take into consideration the comments of those attending
the public hearing and shall not direct issuance of a permit unless
a specific finding is made that the allowed use will not be disruptive
to the use and enjoyment of properties in the general neighborhood,
their value, or the character of the neighborhood. Upon direction
by the Planning Board, the Zoning Enforcement Officer shall issue
the permit, provided that all other zoning and building laws and regulations
are met.
H.
Fees; annual renewal. Any person applying for a permit shall pay
an application fee as determined by the Town Board by resolution.
If the permit is granted, such fee shall also constitute the first
year's permit fee. Annually, on or before the anniversary date of
the granting of the permit, the permit holder shall submit to the
Zoning Enforcement Officer a renewal fee as determined by the Town
Board by resolution. Existing permits may be renewed by the Zoning
Enforcement Officer upon determining that all conditions of the permit
are being met and that an event causing termination of the permit
has not taken place.
Junkyards may be permitted in only the A District and only with
a special use permit. Junkyards are subject to the following additional
restrictions:
A.
No junkyard shall be permitted nearer to a public highway or lot
line than a distance of 400 feet.
B.
Junkyards, in existence at the time of the adoption of this chapter,
less than 400 feet from a public highway or lot line shall be surrounded
by a seven-foot paintedboard or other type fence within a period of
two years after the adoption of this chapter.
D.
Before any special use permit can be issued for a junkyard, the Planning
Board must specifically find:
[Amended 12-8-2005 by L.L. No. 2-2005]
(1)
That the creation and maintenance of a junkyard on the proposed site
is in the best interest of the public.
(2)
That the proposed junkyard will not adversely affect the nature of
the neighborhood.
(3)
That adequate plans have been made for the periodic ultimate disposal
of the contents of the junkyard.
E.
Before any special use permit can be granted for a junkyard, the
Planning Board must require a minimum refundable cash deposit of $2,000,
to insure that the conditions of this section are met.
[Amended 12-8-2005 by L.L. No. 2-2005]
[Added 12-8-2005 by L.L. No. 2-2005; amended 9-12-2013 by L.L. No.
2-2013]
A.
Permit required.
(1)
A resident-owner/operator business shall be allowed in Residential,
Agricultural, and Mobile Home Use Districts upon the issuance of a
special use permit by the Planning Board. Said permit shall be issued
for a period of 12 months, upon application to the Planning Board.
The activities covered by the permit may be conducted by the applicant
during the hours of 8:00 a.m. to 5:00 p.m., unless the Planning Board
authorizes other hours.
(2)
Resident-owner/operator permits may only be issued where the
Planning Board determines that there will be no exterior evidence
of the business conducted except:
(a)
A sign, unlit or lit by exterior lighting that is constant in
intensity and color, and not to exceed 16 square feet in area. No
part of the sign may revolve, rotate, oscillate, or otherwise move.
(b)
Parking for not more than three extra vehicles not owned by
the residents of the premises for personal use.
(c)
In the case of vehicle sales or repair, the vehicles.
(d)
Limited storage of inventory or materials for the business as
approved by the Planning Board.
(3)
No resident-owner/operator business shall be allowed for vehicle
sales or repair unless a buffer of not less than 100 feet is provided
between any vehicle and any adjacent premises.
(4)
Vehicle sales or repair businesses shall not have more than
five vehicles for sale or being repaired on the premises at any time.
B.
Application. Applications for a permit for a resident-owner/operator
business shall be made to the Planning Board in writing on forms prescribed
by the Board, and shall be filed in the office of the Zoning Enforcement
Officer. The applicant shall be required to set forth:
(1)
The applicant's name and address.
(2)
Whether the applicant is an individual, corporation, or some
other entity.
(3)
If the applicant is an individual, his or her name and residence
address; if the applicant is a corporation or other entity, the names
and addresses of its president, vice president, secretary and treasurer.
(4)
The precise nature of the resident-owner/operator business for
which the permit will be issued.
(5)
A site plan to scale indicating the location of the resident-owner/operator
business, any buildings to be used in the business, and any other
areas of the premises to be used for business purposes, including,
but not limited to, parking and storage areas.
(6)
The size, location and illumination of any outdoor sign or advertising
on the premises and the placement and number of all outdoor lighting
devices.
(7)
Such other information as may be reasonably required by the
Planning Board to carry out the purposes of this article.
C.
Such permit shall be for one year and shall thereafter be automatically
renewed from year to year upon payment of the renewal fee, unless
the Planning Board shall require an appearance and further hearing
on notice to the applicant.
D.
Fee. The applicant shall pay such fees as the Town Board shall determine
from time to time by resolution.
E.
Display of permit. The permit for a resident-owner/operator business
shall be displayed at the site of the enterprise.
F.
In granting any such permit the Planning Board shall establish such
conditions and restrictions as it determines are necessary to protect
the health, safety, character and aesthetics of the neighborhood and
neighboring properties.
G.
Revocation. The permit shall be revoked by the Planning Board if
the applicant misstated the nature of the business on the application
or the applicant does not conform to the terms and conditions of the
permit.
[1]
Editor's Note: Former § 144-42.1, Special use permits
for compatible nonoffending uses, added 10-2-1997, was repealed 12-9-2004
by L.L. No. 3-2004.
