All portions of lots subject to site plan and/or special use permit review which are not covered by buildings, structures, parking and loading areas, sidewalks or similar impervious surfaces shall be permanently maintained as natural open space or suitably landscaped, in accordance with specifications approved as a part of the site plan, so that the site development will present an attractive appearance, provide cooling shade, promote groundwater recharge, preserve and enhance property values, buffer neighboring streets and properties and complement the character of surrounding development.
7.1.1 
The selection, amount and location of all landscaped materials shall be based upon considerations of its intended purpose, taking into consideration the need for minimal maintenance, minimal water usage and general compatibility with pedestrians and motor vehicles.
7.1.2 
Maintenance required. All landscaping as shown on approved plans shall be maintained in a vigorous growing condition. Any plants not so maintained shall be replaced with healthy new plants of comparable size, type and quality at the beginning of the next immediately following growing season. Satisfactory assurance of such maintenance shall be a condition of development approval and of continued conformity with this Code.
[Amended 7-22-2003 by L.L. No. 7-2003]
Notwithstanding the requirements of § 246-7.2.1 of this section, a buffer screening area of not less than 10 feet in width and five feet in height shall be provided along all lot lines where properties containing principal nonresidential uses abut residence districts and where properties containing principal multifamily residence uses abut single-family residence districts. In addition, a buffer screening area shall be required where such uses are separated by a road with a right-of-way width of 50 feet or less. Within such buffer area shall be located evergreen planting and/or fencing of such type, height, spacing and arrangement as will screen the activity on the site from the neighboring residential area. Non-evergreen planting may be used to seasonally supplement evergreen planting but shall not take its place. The plan and specifications for such planting shall be filed with the proposed plans for the use of the lot. The buffer area shall only be interrupted by approved access driveways and pedestrian walkways, including any related area required to provide safe sight distance. Any significant physical changes, including regrading, removal of existing and/or approved trees and vegetation or disturbance of existing and/or approved walls and fences within the buffer area, shall require the permission of the Department of Planning and Development. The buffer screening requirements may be modified or waived by the reviewing agency in situations where it determines that adjoining land uses, topographic features or existing vegetation already satisfy the intended purpose. A landscaped berm, wall or fence of location, height, design and materials determined suitable by such agency to be substituted for or to supplement the required buffer planting. In the case of a fence, the good side shall face the neighboring property.
7.2.1 
In the ORD and LI Nonresidence Districts, the regulations shall be the same as in the previous section, except that a ten-foot planting strip of evergreen growth at least eight feet in height shall be required along any rear or side lot line which is contiguous to or across the street from any residence district. No such screening shall, however, be permitted within 20 feet of a front property line. In the event that the width of any ORD and LI property shall exceed 300 feet at the building line, and it is adjacent and contiguous to any residence district, no principal building shall be erected thereon within 60 feet of any residential property line. So much of the setback which is not required for the above-described planting strip may be used for driveway or parking purposes.
7.2.2 
Where a property in an RMF, RNG, RPH or RSC Residence District or in a nonresidence district or containing any nonresidence use is located within or abuts a residence district and a fence, hedge or other screen is required by the reviewing agency, such planting screen or other fence shall be so designed as to prevent debris from being windblown or transported to the neighboring residential premises, and shall also be so designed and installed as to prevent any and all reflection of lights, whether permanently installed on such nonresidence property or from automobiles or other sources, from being cast upon adjacent or neighboring residentially zoned property. Where a planting screen is required by the reviewing agency to be installed in compliance with this section, the agency may determine that it is also necessary to install and maintain a woven wire fence to prevent paper and debris from being carried or blown through or under such planting screen.
[Amended 11-9-2004 by L.L. No. 16-2004]
All exterior lighting accessory to multifamily or nonresidence uses, and all exterior lighting of recreation facilities accessory to a residence use, including pole- and building-mounted area lighting and the lighting of signs, shall be of such type and location and shall have such shielding as will prevent the source of light from being visible from any adjoining streets, public areas and neighboring properties and prevent objectionable glare observable from such streets or properties. The height and lighting intensity of exterior lighting fixtures shall be determined on a case-by-case basis by the site plan reviewing authority, which shall consider the size, nature and location of the proposed use, and the site' s relationship to neighboring properties and uses. In general, the height and lighting intensity of exterior lighting fixtures shall not exceed 24 feet and/or 400 watts, respectively. The maximum height for freestanding lighting or building mounted lighting on nonresidential properties which abut a residential property shall be 14 feet. Lighting levels for nonresidential uses shall generally not exceed an average intensity of three footcandles, nor be an average of less than 0.5 footcandle at pavement level. Exterior lighting shall be extinguished within one hour of the closing of the business or nonresidence use, except for such illumination as may be permitted by the reviewing agency for property protection and security purposes. No neon or other such lighting outlining a building, structure or other architectural feature is permitted.
Overall site design shall take into consideration pedestrian safety and scale through the inclusion of walkways, landscaping, awnings, covered arcades and open spaces, plazas and other gathering places, as well as enhance the pedestrian experience by presenting a varied appearance at street level of building facades and limiting blank wall exposure, as appropriate to the proposed use and its location. The use of covered outdoor spaces such as loggias, arcades and colonnades shall be encouraged, as appropriate, in order to provide weather protection, transition between indoors and outdoors and to add visual interest, shadow and depth to building elevations. Walkways and pedestrian plazas shall offer a variety of pigments and textures which are in harmony with the planned character of the area, and are safe for pedestrian traffic, including the handicapped. Walkways shall be planted with regularly spaced, salt-tolerant shade trees, selected with regard to the scale of the area in which they are located, as well as the height and spacing of exterior lighting, and the need to maintain visibility of storefront displays, signs and other features.
7.5.1 
Dimensional requirements. All off-street parking and loading facilities shall comply with at least the following minimum dimensional requirements:
7.5.1.1 
Standard parking spaces. Except as set forth below, all off-street parking spaces shall be at least nine feet in width and 18 feet in length, except as follows:
7.5.1.1.1 
Senior citizen parking. A width of 9.5 feet shall be required for parking spaces in senior citizen housing developments.
7.5.1.1.2 
Employee parking. Employee and commuter parking spaces, which are intended for long-term use with low turnover, may be a minimum of 8.5 feet in width where permitted. For retail or service businesses, or other similar types of uses designed to attract the general public, such reduced-width employee parking spaces shall not exceed 10% of the total required or provided parking, whichever is less. All employee parking spaces shall be clearly identified and limited in their use by appropriate location, signage and/or pavement markings.
7.5.1.1.3 
Handicapped-accessible parking spaces. Parking spaces for the handicapped shall be at least eight feet in width and shall have an adjacent access aisle at least eight feet in width, or as otherwise required by the New York State Uniform Fire Prevention and Building Code. The minimum number of accessible spaces shall also be as required by state code. An eight-foot-wide access aisle may be shared by two adjacent handicap parking spaces and shall be part of an accessible route to the building or use which it is designed to serve. The minimum vertical clearance for handicapped-accessible spaces and vehicular access routes to and from such spaces shall be nine feet six inches on the entry level of any parking structure and eight feet two inches on all other levels. Such spaces shall be appropriately located and clearly identified and limited in their use by appropriate signage and pavement markings.
7.5.1.2 
Loading spaces. All off-street loading spaces shall be at least 14 feet in width, 40 feet in length and 14 feet in height, except 12 feet for adjacent spaces or as may be reduced by the reviewing agency due to the unique nature of the proposed use.
7.5.1.3 
Angled and parallel parking. All parking spaces shall be designed at a ninety-degree angle with a twenty-four-foot wide two-way maneuvering aisle unless a different width or angle is permitted or required based upon the unique size, shape and/or function of the parking facility. In those circumstances where does permit parking at an angle other than 90° is permitted, circulation in each maneuvering aisle shall be limited to one-way only. The following is a table of minimum parking space and maneuvering aisle dimensions (see also Figures 7-1, 7-2 and 7-3 at the end of this chapter, which graphically illustrate these requirements):
Minimum Parking Space and Maneuvering Aisle Dimensions
Parking Angle
(Degrees)
Parking Space Dimension to Wall
(Feet)
Parking Space Dimension to Interlock
(Feet)
Maneuver-ing Aisle Width
(Feet)
Wall to Wall Double Parking Bay Dimension
(Feet)
Interlock to Interlock Double Parking Bay Dimension
(Feet)
90
18.0
18.0
24.0
60.0
60.0
75
19.5
18.5
21.0
60.0
58.0
60
20.0
17.75
17.5
57.5
53.0
45
19.0
15.75
15.0
53.0
46.5
0
9.0
22.00
15.0
33.0
NA
NA: Not Applicable
7.5.2 
Access. Access to all off-street parking and loading facilities shall be designed in accordance with the following requirements:
7.5.2.1 
Access driveways. All off-street parking and loading spaces shall be provided with unobstructed access. They shall be designed to prevent the backing of any vehicle across the sidewalk or into a street, except at locations specifically designed for such purposes where no reasonable alternative is available and approval has been granted by the approving agency. Access driveways connecting off-street parking and loading facilities to the street or streets from which they derive access shall be designed in accordance with the following requirements:
7.5.2.1.1 
One- and two-family dwellings shall be connected to the street with a driveway having a radius return at each intersection corner of not less than five feet. Such driveways shall not exceed a grade of 10% where graded away from the structure and 8% where graded towards the structure, except that a grade of up to 12% may be allowed by the reviewing agency for a driveway serving a one-family dwelling, provided said agency determines that such grade would be appropriate for the purpose of reducing environmental impact. The driveways shall also not exceed a grade of 5% within 25 feet of the curbline of the street.
7.5.2.1.2 
Access driveways serving multifamily and nonresidence uses shall be not less than 20 feet in width and shall be connected to the street with a radius return at each corner of not less than 10 feet. The driveways shall not exceed a grade of 5%, except that a seven-percent grade may be allowed where determined appropriate for the purpose of reducing environmental impact. The driveways shall also not exceed a grade of 3% within 40 feet of the curbline of the street. Notwithstanding the above, lesser dimensions may be allowed for a driveway providing access to fewer than 20 parking spaces. Similarly, greater dimensions may be required where determined necessary based upon the number of spaces served and/or the nature of the intended use.
7.5.2.1.3 
All areas designed for parking and/or loading shall have a grade of not more than 5%.
7.5.2.2 
Interconnection of off-street parking facilities. In order to provide maximum safety and efficiency, minimize curb cuts and encourage convenient traffic flow, the interconnection of parking facilities via access drives within and between adjacent lots may be required. To help assure the accomplishment of this, the reviewing agency may require written assurance, such as deed restrictions, in a form satisfactory to the Town Attorney, binding the owner and the owner's heirs and assigns to provide and/or permit, and to maintain, such interconnections.
7.5.3 
Parking structures. Parking structures shall comply with the dimensional requirements for principal buildings in the district in which they are located. Parking structures shall not be included as part of the maximum floor area ratio on a property.
7.5.4 
Landscaping and screening. Except for off-street parking facilities and spaces accessory to a one- or two-family dwelling, all off-street parking and loading facilities shall be curbed, screened and landscaped with appropriate trees, shrubs, ground cover and other plant materials to assure the establishment of a safe, convenient and attractive facility. Such landscaping and screening shall be planted and maintained in accordance with the following guidelines (except as such may be modified or waived by the site plan approving agency):
[Amended 7-22-2003 by L.L. No. 7-2003]
7.5.4.1 
Landscaping. In all off-street parking areas which contain 50 or more parking spaces, excluding parking structures, at least 10% of the total parking facility within the parking perimeter shall consist of raised landscaped islands, as follows:
7.5.4.1.1 
Raised landscaped islands shall be located at the ends of each parking bay which contains 10 or more spaces, and separating adjacent rows of parking spaces at least every second parking bay, as determined necessary by the reviewing agency to properly guide vehicle movement, to provide adequate space for plant growth and vehicle overhang, to provide adequate space for pedestrian circulation where appropriate and to otherwise provide for improved traffic circulation, pedestrian safety and aesthetics. Such raised landscaped islands and the plantings within them shall be designed and arranged so as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow, to prevent indiscriminate diagonal movement of vehicles and to provide cooling shade and relief from the visual impact, monotony and heat of large expanses of paved areas.
7.5.4.1.2 
The minimum width of landscaped islands shall be six feet where located at the ends of parking bays and eight feet where separating opposing rows of parking spaces or adjacent to circulation aisles. All corners shall be rounded with a curb radius of not less than three feet but otherwise as required.
7.5.4.1.3 
The landscaping of off-street parking areas shall include at least one shade tree of not less than four inches' caliper for each six parking spaces. Main traffic circulation aisles shall be emphasized with such shade trees. Other landscaped islands may be planted with flowering trees and/or other plantings, as appropriate. This is in addition to ground cover, shrubs and hedges which are to be provided where appropriate to serve their intended function but not interfere with safe sight distance for pedestrians and vehicles. The selection of shade trees shall take into consideration the Town Street Tree List.[1]
[1]
Editor's Note: See Ch. 225, Trees.
7.5.4.1.4 
Non-landscaped islands may also be permitted, if appropriate for pedestrian circulation, snow storage and similar purposes. Such islands shall not be less than four feet in usable width.
7.5.4.1.5 
Where curbs are kept to a maximum height of six inches, 1.5 feet of the required parking space depth may be allowed to overhang islands, provided there is no interference with sidewalks or landscaping. Such bumper overhang area shall be considered part of the parking space and shall not be counted toward meeting minimum yard setbacks or buffer area requirements.
7.5.4.2 
Parking structures. Planters or other forms of landscaping to be provided on the top level of a parking structure, in addition to landscape screening of the structure itself.
7.5.4.3 
Screening. In addition to buffer areas required pursuant to § 246-7.1 and 7.2 above, all off-street parking and loading facilities shall also be attractively landscaped along their periphery. Such landscaped screening shall be a minimum of six feet in width, excluding permitted vehicle overhang areas. It shall consist of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the approving agency, will serve the intended function. The approving agency may allow or require a landscaped berm, wall or fence of location, height, design and materials determined suitable by such agency to be substituted for or to supplement the required screen planting.
7.5.5 
Waiver of improvement. Where the agency reviewing a site plan determines, in connection with its review of such site plan, that less than the required number of parking or loading spaces will satisfy the intent of this chapter because of the unique nature of the proposed use, variations in the probable time of maximum use by joint users or for any other reason, the reviewing agency may waive or "landbank" the improvement of not more than 1/3 of the total number of spaces as required by this chapter. In all cases, it shall be expressly demonstrated on the site plan that sufficient area remains for the future provision of the total number of spaces required. Such unimproved or "landbanked" spaces shall be maintained as additional landscaped area until and unless required for parking or loading use. Written guarantees, satisfactory to the Town Attorney, shall be submitted by the applicant, insuring the improvement of such spaces within six months of the date of written notice to the property owner by the agency stating that all or a portion of such spaces have been determined to be necessary and shall be constructed.
[Amended 7-22-2003 by L.L. No. 7-2003]
Adequate facilities for the storage and disposal of refuse and recyclables shall be provided in all districts in accordance with § 182-9 of the Code of the Town of Oyster Bay. All multifamily and nonresidence uses shall temporarily store refuse and recyclables in containers kept in a screened and/or enclosed location and designed in such fashion as to be fireproof, and to prevent access by rodents, insect breeding, fire or other hazards and the blowing away of refuse. Where feasible and appropriate, a masonry refuse enclosure with a finished architectural appearance shall be provided. The Department of Planning and Development may require that restaurants, catering establishments and similar uses remove waste material from the premises daily, with the exception of Sundays and holidays.
Except where otherwise specifically permitted by this chapter or by any other code or regulation of the Town of Oyster Bay, no outdoor storage of any kind, nor outdoor display of goods for sale, shall be permitted in any district.
In order to promote the public health, safety and welfare, or as necessary to otherwise implement the intent of this chapter, the reviewing agency may establish reasonable limitations on the hours of operation of any nonresidence use when such use is of a nature or location that could reasonably be expected to have a significant impact on neighboring residences at unreasonable hours of the day. Any such limitations imposed shall also include limits on hours of delivery, the operation of property maintenance equipment and any other potential sources of noise disturbance.
[Amended 4-25-2006 by L.L. No. 5-2006]
In R1 Residence Districts, there shall not be any paving designed for driveway or parking purposes located within the required side or rear yards, excluding a driveway necessary in order to provide safe access to a parking space or garage in the rear of the lot. Sidewalks not exceeding three feet in width are also permitted within the required side or rear yards.
The owner shall keep the exterior part of all building(s) and structure(s), as well as landscaping and paved areas, in good repair and free from deterioration which would make such building, structure or other feature hazardous or unsightly, as determined by the Department of Planning and Development. All property owners shall comply with the requirements of Chapter 182 (Property Maintenance) of the Code of the Town of Oyster Bay.