As used in this chapter, the following terms shall have the
meanings indicated:
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
An industry engaged in the producing operations of a farm,
the manufacture and distribution of farm equipment and supplies and
processing, storage, and distribution of farm commodities.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Lands currently used or otherwise suitable for agricultural
operations.
[Added 9-10-2019 by L.L.
No. 2-2019]
Any activity, including the cultivation of land, the raising
of crops, the raising of livestock, poultry, horticulture, timber,
fur-bearing animals; the production, whether for sale to others or
home use or consumption, of plants and animals, fruit, vegetable and
field crops, plantations, orchards, nurseries, greenhouses, stables
and horse-boarding facilities or other similar agricultural practices
used primarily for the raising, marketing or sales of on-premises-produced
agricultural or horticultural commodities.
[Amended 9-10-2019 by L.L. No. 2-2019]
A change or rearrangement in the structural parts or in the
entrance and exit facilities or an enlargement, whether by extending
on a side or by increasing in height, or the moving from one location
or position to another.
A request for a review of the interpretation of any provision
of this chapter or a request for a variance.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year.
A structure designed or intended primarily for the washing
of automobiles, including conveyor, drive-through and self-service
types.
A lot, land or structure or part thereof used for the collecting,
storage and/or sale of wastepaper, rags, scrap metal or discarded
material or for the collecting, dismantling, storage and salvaging
of machinery or vehicles and for the sale of the parts thereof. It
shall mean any place of storage or deposit, whether in connection
with another business or not, where two or more unregistered, old
or secondhand motor vehicles no longer intended or in condition for
legal use on the public highways are held, whether for the purpose
of resale of used parts therefrom or reclaiming for use of some or
all of the materials therein, whether metal, glass, fabric or otherwise,
or disposing of the same or for any other purpose. Such term shall
include any place of storage or deposit for any such purposes of used
parts or waste materials from motor vehicles which, taken together,
equal in bulk two or more such vehicles. "Motor vehicle" shall mean
all vehicles propelled or drawn by power other than muscular power
originally intended for use on public highways.
[Amended 7-12-1999 by L.L. No. 4-1999]
A structure or part of a structure used primarily for the
sale or dispensing of legal beverages by the drink.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A space of full story height partly below grade and having
at least half of its clear floor-to-ceiling height above the established
grade of the street center line or, if no grade has been officially
established on the street, measured from the average level of the
proposed finished grade across the front of the building.
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or property. When a building is divided
into entirely separate parts extending from the ground up, each part
so divided is deemed a separate building.
The total ground floor area of a principal building and accessory
buildings, exclusive of uncovered porches, steps and terraces.
That portion of the plot or lot area covered by a building.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, including
basement areas devoted to residential use and the areas of bays, dormers,
roofed porches and roofed terraces. All dimensions shall be measured
between exterior faces of walls.
That side of any building facing a public street.
The vertical distance measured from the established grade
at the street center line or, if no grade has been officially established
on the street, measured from the average level of the proposed finished
grade across the front of the building to the highest point of the
roof for flat roofs, to the deckline of mansard roofs and to the mean
height between eaves and ridge for gable, hip and gambrel roofs.
A solar PV system that is designed and constructed as an
integral part of a principal or accessory building. Components of
a building- integrated system are designed to replace or substitute
for architectural or structural elements of a building and generally
complement, blend with or form part of a building's architectural
appearance. Such components will generally maintain a uniform plane
with and/or form a part of the walls, window openings, roofing and/or
other building elements into which they are integrated. Such a system
is used in lieu of a separate solar PV system where components of
the system are designed and attached to a building independent of
building architecture. A building- integrated system may occur within
vertical facades, replacing view glass, spandrel glass or other facade
material, with semitransparent skylight systems, within roofing systems,
replacing traditional roofing materials, or within other building
envelope systems.
[Added 9-10-2019 by L.L.
No. 2-2019]
A solar PV system that is attached to the roof of a building.
[Added 9-10-2019 by L.L.
No. 2-2019]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A parcel of land on which one or more campsites are located
and maintained as temporary living quarters for recreation, education
and/or vacation purposes for members of the public and/or organized
groups.
That space of a building that is partly or entirely below
grade, which has more than half its height, measured from floor to
ceiling, below the established grade at the street center line or,
if no grade has been officially established on the street, measured
from the average level of the proposed finished grade across the front
of the building.
A certificate issued pursuant to § 120-7 of this Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A nonprofit organization which provides a service beneficial
to the general public or a significant portion of the public for no
fee or at a fee which is substantially less than that charged by profit-making
organizations.
Installations of solar energy systems that are owned collectively
through a homeowners' association, community or municipal system,
"adopt-a-solar-panel" programs, or other similar arrangements.
[Added 9-10-2019 by L.L.
No. 2-2019]
A recreation facility designed and equipped for the conduct
of sports and other leisure-time activities which is operated as a
business and open to the public for a fee.
A tract of land in single ownership or controlled by an individual,
partnership, cooperative or corporation designed for and capable of
being used for one or more residential, commercial, industrial or
recreational uses which have certain facilities in common and which
have been designed as an integrated unit.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations.
A facility for carrying on investigation in the natural,
physical or social sciences, or engineering and development as an
extension of investigation with the objective of creating end products.
Any place or premises used for sale, dispensing or serving
of food, refreshments or beverages to persons in automobiles, including
those establishments where customers may serve themselves and may
eat or drink the food, refreshments or beverages on the premises.
A building or portion thereof providing complete housekeeping
facilities for one family, including living, cooking, sanitary and
sleeping facilities.
A building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
A residential building that houses unrelated individuals,
such as a rooming house, boardinghouse, dormitory, fraternity or sorority.
A building or portion thereof designed for year-round occupancy,
containing separate dwelling units for three or more families living
independently of each other, other than hotels, motels, camps and
rooming houses.
A detached building designed for occupancy by one family
only, other than a mobile home, recreational vehicle, camp or any
temporary structure.
Three or more attached dwelling units designed for year-round
occupancy and containing separate dwelling units for occupancy by
one family per unit.
A detached building designed for occupancy by two families
living independently of each other, other than a mobile home, recreational
vehicle, camp or rooming house.
An individual possessing the skills and knowledge to effectively
develop a site for use as a solar PV system and then reclaim the site,
restoring it, to the greatest extent practical, to its original use.
[Added 9-10-2019 by L.L.
No. 2-2019]
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
Any parcel of land containing at least 10 acres which is
used for an agricultural operation.
A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland waters
and/or unusual accumulation or runoff of surface waters.
A roofed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein or space for more than one car is leased to a nonresident
of the premises.
A building or part thereof used primarily for the storage,
hiring, selling, greasing, washing, servicing or repair of motor-driven
vehicles, operated for gain.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel, and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles, but not including
the painting or major repair thereof. The term "gasoline station"
shall be deemed to include filling station and service station.
Reflections of light with an intensity sufficient to cause
annoyance, discomfort, or loss of visual performance or visibility
in any material respect.
[Added 9-10-2019 by L.L.
No. 2-2019]
A solar PV system, including its specialized solar racking
or other mounting system, which is installed on or in the ground and
not attached to any other structure.
[Added 9-10-2019 by L.L.
No. 2-2019]
A ground-mounted solar PV system that a) has a system capacity
greater than 25 kW or b) the ability to generate more than 110% of
the kWhs of electricity consumed over the previous twelve-month period
by land use(s) existing on the lot or parcel of land where the system
is located or, for new construction, 110% of the estimated annual
kWh usage calculated based on a calculation using data available from
the U.S. Energy Information Administration, the U.S. Department of
Energy or a usage calculator made available by a public utility (e.g.,
https://www.cpi.coop/my- account/online-usage-calculator/). In applying
this standard, electricity consumption for existing land usage shall
be determined by submission of utility bills showing electric usage
over said twelve-month period.
[Added 9-10-2019 by L.L.
No. 2-2019]
A ground-mounted solar PV system with a system capacity of
less than or equal to 25 kW and which shall have the ability to generate
no more than 110% of the kWhs of electricity consumed over the previous
twelve-month period by land use(s) existing on the lot or parcel of
land where the system is located or, for new construction, 110% of
the estimated annual kWh usage based on a calculation using data available
from the U.S. Energy Information Administration, the U.S. Department
of Energy or a usage calculator made available by a public utility
(e.g., https://www.cpi.coop/my-account/online-usage-calculator/).
In applying this standard, electricity consumption shall be determined
by submission of utility bills showing electric usage for existing
land over said twelve-month period.
[Added 9-10-2019 by L.L.
No. 2-2019]
The conduct of an art, business or profession, the offering
of a service or the handicraft manufacture of products in a dwelling
which is incidental and subordinate to the dwelling unit's use for
residential purposes.
An institution providing health services and medical or surgical
care to persons suffering from illness, disease or injury.
A place where animals or pets are given medical or surgical
treatment and the Boarding of animals is limited to short-term stays
necessary for veterinary care.
A facility offering transient lodging accommodations to the
general public for a fee.
See "automobile junkyard/junkyard."
Any structure or premises where animals are kept, boarded,
bred or trained for commercial gain.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used; 1,000 kW is equal to one megawatt (MW).
[Added 9-10-2019 by L.L.
No. 2-2019]
A unit of energy equivalent to one kilowatt of power expended
for one hour of time.
[Added 9-10-2019 by L.L.
No. 2-2019]
A solid-waste disposal site in which the waste is spread
in thin layers, compacted to the smallest practical volume and covered
with soil in a systematic and sanitary manner.
An establishment engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the manufacturing of products and the blending
of materials inside an enclosed structure.
A parcel of land considered as a unit, occupied or capable
of being occupied by a principal building or use and accessory buildings
or uses or by a group of buildings united by a common use or interest.
The total area included within lot lines of a lot, excluding
any highway rights-of-way.
The property lines bounding the lot.
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The distance between side lot lines, measured parallel to
the front lot line at a distance from the front lot line equal to
the front yard specified for the district.
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135°.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
A lot having frontage on two approximately parallel or converging
streets, other than a corner lot.
A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels. "Mobile home"
shall mean a unit designed to be used for year-round residential purposes
without a permanent foundation. A unit may contain two or more components
designed to be joined into one integral unit, capable of being again
separated into the components for repeated towing.
A site with required improvements and utilities for the long-term
parking of mobile homes for dwelling purposes.
A new or used mobile home certified as meeting the Mobile
Home Construction and Safety Standards of the United States Department
of Housing and Urban Development and approved by the Planning Board
as meeting the following compatibility standards:
The minimum width of the mobile home at its narrowest point
shall be not less than 20 feet.
The exterior material of the mobile home shall be similar to
that customarily used in site-built residential structures. Siding
materials shall be nonreflective in nature.
The mobile home shall have a sloping roof with eave projections
of at least 10 inches. The roof shall be constructed with composition
shingles or other materials customarily used in site-built residential
structures. Such roof shall be nonreflective in nature.
The mobile home shall be attached to a permanent foundation
approved by the Town Enforcement Officer.
The exterior covering material of the mobile home shall extend
to the ground, except that, where a solid concrete or masonry perimeter
foundation is to be used, the exterior covering material need not
extend below the top of the foundation.
A new or used mobile home certified as meeting either the
Housing and Urban Development standards or the New York State Code
for the Construction and Installation of Mobile Homes, effective January
15, 1974, and found, on inspection by the Town Enforcement Officer,
to be in good condition and safe for residential occupancy,
A manufactured dwelling designed and constructed to be transported
to a building site and placed on a permanent foundation. "Modular
home" shall mean a unit which is approved by the New York State Building
Codes Council and which bears an insignia of such approval.
Any building used to conduct municipal business, e.g., Town
Hall, Town Court, etc.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any system or agreement by which the energy or any portion
of the energy generated by an on-site solar array is distributed to
the public-utility power grid and the distributed kWhs can be credited
in kWhs towards the off-site use of energy at a different location
or towards on-site consumption of non-solar-array-generated kWh, allowing
the public utility customer to offset the cost of power drawn from
the public utility.
[Added 9-10-2019 by L.L.
No. 2-2019]
A lot which was lawful prior to the adoption or amendment
of the Zoning Regulations but which does not now conform to the area
and/or dimensions required in the district in which it is situated.
Use of a building or of land that does not comply with the
regulations for the district in which it is situated and where such
use existed and/or was used legally at the time of adoption or amendment
of these regulations.
Facilities for the daytime care or instruction of two or
more children from two to five years old, inclusive, and operated
on a regular basis for pay.
A proprietary facility, licensed or regulated by the State
of New York, for the accommodation of convalescents or other persons
who are not acutely ill and not in need of hospital care but who require
skilled nursing and related medical services.
An off-street, ground-level area, usually surfaced and improved
for the temporary storage of motor vehicles in operating condition.
A space designated for the parking of one motor vehicle and
having an area of not less than 180 square feet, exclusive of passageways
and driveways thereto.
A commercial establishment primarily engaged in providing
services involving the care of a person and his or her apparel, such
as laundries, barbershops, photo studios, health clubs, etc.
A map representing a tract of land showing boundaries and
location of individual properties and streets.
A final map drawn by a licensed engineer showing a proposed
subdivision, including all detailed information required by New York
State law and these regulations, which is submitted to the Planning
Board and, if approved, filed with the County Clerk.
A preliminary map indicating the proposed layout of a subdivision
or site plan which is submitted to the Planning Board for consideration
and preliminary approval.
A room or group of rooms used for conducting the affairs
of a business or profession.
Any utility that provides electric, gas, telephone, water,
and television cable systems directly to the general public.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Telephone, electric and cable television lines, poles, equipment
and structures: water, sewer or gas pipes, mains, valves and structures;
pumping and exchange stations; and other facilities necessary for
conducting such services.
A mobile recreational unit, including travel trailer, pickup,
camper, converted bus, tent-trailer, camper trailer, tent or similar
device used for a temporary portable house.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption.
A structure where fresh produce, such as fruits and vegetables
and other farm produce, may be purchased.
Any private or public institution for learning approved by
the New York State Department of Education.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
See Chapter 240 for definitions and regulations in regard to sexually oriented businesses.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any device affixed to, painted or represented, directly or
indirectly, upon a building, structure or land and which directs attention
to an object, product, place, activity, person, institution, organization
or business. (These regulations shall not apply to any flag or insignia
of a government or government agency, school or religious group, nor
to any official traffic control device.)
The area of the smallest horizontally or vertically oriented
rectangle which could enclose all the display area of the sign, together
with any backing or framing whose judged intent is to extend the effective
sign area. Supporting framework shall not be included in the estimated
sign area, and only one side of flat, back-to-back signs shall be
included in calculating sign area.
A rough sketch map of a proposed subdivision or site plan
of sufficient accuracy to be used for the purpose of discussion by
the Planning Board.
A retail business office and/or personal service establishment of a limited size and scale primarily intended to meet the day-to-day needs of residents and visitors, such as the following: small grocery stores, gift or craft shops, antique sales, real estate, legal, medical or dental offices, barbershops, apparel repairs, etc. The Planning Board shall determine whether a proposed use constitutes a small business operation in accordance with the standards prescribed in Article IV, § 306-8B, of these regulations.
A property owner's right to have sunlight shine on his land.
Any number of electrically connected solar photovoltaic (PV)
panels that are connected to the same inverter.
[Added 9-10-2019 by L.L.
No. 2-2019]
A large, flat piece of equipment containing photovoltaic
cells that use the sun's light or heat to create electricity.
[Added 9-10-2019 by L.L.
No. 2-2019]
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays, and other related equipment, which rely
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
A solar PV system may be building- mounted, ground-mounted or building-integrated.
Any such system or related equipment shall not constitute a "public
utility structure" or a "private utility structure" as such terms
are defined or used elsewhere in this Code.
[Added 9-10-2019 by L.L.
No. 2-2019]
A use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled
as to number, area, location or relation to the neighborhood, would
promote the public health, safety, welfare, morals, order, comfort,
convenience, appearance, prosperity or general welfare. Such use may
be permitted in certain zoning districts as a special use if specific
provision for such special use is made in these Zoning Regulations.
A special use permit is issued when a special use has been
approved by the authorizing board.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A public or private way which affords the principal means
of access to abutting property.
The width of the road right-of-way measured at right angles
to the center line of the street.
A street which collects traffic from local streets and connects
with major and minor arterials.
A street which is designed to serve heavy flows of traffic
and which is used primarily as a route for traffic between communities
and/or other heavy traffic-generating areas.
A street which is intended to serve primarily as an access
to abutting properties.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
An assembly of materials forming a construction framed of
component parts for use or occupancy, including but not limited to
buildings.
The division of any parcel of land into two or more lots,
plots, sites or other division of land, in any three-year period,
for the purpose of transfer of ownership or for building development
and shall include resubdivision of all or in part of any plat, filed
or unfiled, which is entirely or partially undeveloped. Any division
of land creating a new street shall be considered a subdivision. For
the purposes of these regulations, however, the division of existing
agricultural land into parcels of 10 acres or more for continued use
as agricultural land and not involving any new streets or easements
for access shall not be considered a subdivision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any size subdivision
requiring any new street or extension of municipal facilities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any subdivision containing not more than four lots fronting
on an existing street, not involving any new street or road or the
extension of municipal facilities and not adversely affecting the
development of the remainder of the parcel or adjoining property,
and not in conflict with any provision of the Master Plan, Official
Map or the regulations contained in this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement is started or, if the building
has been damaged, before the damage occurred.
Any structure, basin, chamber or tank which is intended for swimming, diving, recreational bathing or wading and which contains, is designed to contain, or is capable of containing water more than 24 inches (610 mm) deep at any point. This includes in-ground, aboveground and on-ground pools; indoor pools; hot tubs; spas; and, fixed-in-place wading pools. Refer to Chapter 263, Swimming Pools, of the Code of the Town of Potsdam, for regulations.
[Amended 10-11-1994 by L.L. No. 4-1994; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
An open lot or part thereof, with its appurtenant structures
and facilities, devoted primarily to the showing of motion pictures
or theatrical productions on a paid admission basis.
Any system or agreement by which the energy or any portion
of the energy generated by an on-site solar array is distributed to
the public-utility power grid and the owner of the solar array is
compensated for the value of the distributed kWhs pursuant to the
terms of a value stack or other such valuation mechanism as adopted
by the New York State Public Service Commission (PSC) or any successor
entity to the PSC.
[Added 9-10-2019 by L.L.
No. 2-2019]
A departure from the provisions of the Zoning Regulations
relating to yard, lot area, height, frontage requirements and/or use
of a parcel of property. A variance may be granted by the Board of
Appeals if it is demonstrated that a literal application of the regulations
would result in unnecessary hardship or practical difficulties.
Any wind energy conversion system, small wind energy conversion system, or wind measurement tower, as each is defined in Chapter 298, Wind Energy Facilities, including all related infrastructure, electrical lines and substations, access roads and accessory structures. Public utility uses otherwise allowed under this chapter do not include wind energy facilities.
[Added 3-12-2008 by L.L.
No. 1-2008]
An open space extending the full width of a lot between any
building and the front lot line and measured perpendicular to the
building at the closest point to the front lot line.
An open space extending across the full width of a lot between
the principal building and the rear lot line and measured perpendicular
to the building at the closest point to the rear lot line.
An open space extending from the front yard to the rear yard
between the principal building and the side lot line and measured
perpendicular from the side lot line to the closest point of the principal
building.
Required plans and data to be submitted in accord with the procedures
as outlined in these regulations shall be prepared according to the
following, except as they may be specifically waived by the Enforcement
Officer or other responsible official of the Town. Where applicable,
such drawings and maps shall be in accord with the requirements of
Article 9, § 334, of the Real Property Law. The required
submissions are as follows:
A.
Building/use permit; sketch plan; special use permit.
(1)
Site plan: a minimum of two copies, and such additional copies as
the Enforcement Officer may specify, to scale, to include:
(a)
Location map showing boundaries and dimensions of the parcel
or tract of land, contiguous properties and any easements or public
rights-of-way.
(b)
Existing features of the site, including existing land use,
land and water areas, existing buildings and water or sewer systems
on or immediately adjacent to the site and surface drainage characteristics.
(c)
The proposed location and arrangement of the use and any buildings
or installations on the site.
(d)
Sketch of any proposed building or structure, including exterior
dimensions and elevations of front, side and rear view.
(2)
Accompanying data, to include the following:
(a)
Application and required fee, if any.
(b)
The name and address of the applicant and any professional advisors.
(c)
The authorization of the owner, if the applicant is not the
owner of the property in question.
(d)
A description of materials and method of installation for any
equipment or installation for which the permit is being sought.
(e)
The results of any required on-site investigation, including
percolation test, where applicable.
(f)
The results of water test indicating a safe potable water supply,
if applicable.
(3)
Special considerations, to include, where applicable:
(a)
Such additional information, data and analysis as is required
on any application form prepared by the Town or as the Planning Board,
Enforcement Officer, Town Board or Board of Appeals may specify in
the administration and enforcement of these regulations.
B.
Certificate of compliance.
(1)
Application and required fee, if any.
(2)
Upon notification of project completion, the following shall be submitted
to supplement the application:
(a)
A copy of the approved application for the building/use permit with any change made in the course of construction noted thereon or; alternatively, if no building/use permit was required, that pertinent information set forth under Subsection A, building/use permit, above as is required by the Enforcement Officer.
(b)
Certification by the applicant that all improvements were carried
out in accord with the approved building/use permit or as otherwise
required according to the provisions of these regulations.
(c)
Any other certification as may be applicable, including that
from any professional advisor, builder or contractor as required by
the Enforcement Officer.
C.
Preliminary plat/plan; P-D Overlay and establishment of C-D District.
(1)
Site plan: a minimum of four copies at a scale established upon initial
review of the application and sketch plan.
(a)
The title, scale, North arrow and date.
(b)
The tract boundaries and the owners of record of adjoining properties.
(c)
Topographic data based on United States Geological Survey or
equivalent and other site characteristics, including soils, drainage
and tree cover.
(d)
Existing land use on and immediately adjacent to the parcel.
(e)
The lot layout or building arrangement.
(f)
The street layout, including right-of-way and improved surface
widths and suggested street names.
(g)
The location and description of utilities on and adjacent to
the tract and proposed connection thereto or alternative means of
water supply sewage disposal, electric, telephone and other service
facilities.
(h)
The location, dimension and purpose of any easement.
(i)
Existing drainageways and provision for collecting and discharging
surface drainage and runoff.
(j)
The location, dimension and description of land or facilities
to be dedicated or reserved for public use.
(k)
Off-street parking and service areas.
(l)
Landscaping and site amenities.
(2)
Accompanying development data, to include the following:
(a)
Application and required fee, if any.
(b)
A description of existing and proposed utilities and service
facilities, including documentation from on-site investigation, detailing
type, size and arrangement for connection to any existing system.
(c)
Linear feet of streets, acres in recreation or open space areas.
(d)
A description and count of all trees to be removed or within
25 feet of the edge of the improved travel surface of any roadway
or other area where the natural contour is to be altered which are
of eight-inch caliper or more, as measured at designated breast height.
(e)
Signs, including type, location and size.
(f)
Restrictive covenants and arrangements for maintenance and operation
of common facilities, if any.
(g)
Any other data as may be required by the Enforcement Officer,
Planning Board, Town Board or Board of Appeals in the administration
and enforcement of these regulations.
D.
Final plat/plan.
(1)
Site plan: a minimum of four copies in addition to the original,
scale to be the same as for the preliminary plat/plan, unless otherwise
approved, to include:
(a)
As required for preliminary plat/plan.
(b)
Tract boundary lines, right-of-way lines, easements and individual
lot lines, with accurate dimensions, bearings, radii, arcs and central
angles of all curves and location and description of all monuments.
(c)
Reference to adjoining platted land or names of owners of record
of unplatted lands.
(d)
Topographic data showing contours at a minimum of two-foot intervals
related to United States Geological Survey or other permanent bench
mark where natural contours are to be changed; otherwise at five-foot
intervals.
(e)
Typical cross sections of streets, including pavement, shoulders,
ditches and walks and cross sections of drainage easements, as necessary.
(f)
Profiles of street center lines showing vertical curve data,
slope of tangents and elevations of street intersections and other
critical points.
(g)
Profiles of water distribution lines and storm and sanitary
sewers, if any, showing diameter of pipe and distance between individual
lines, manholes and catch basins.
(h)
Preliminary drawings for buildings to be constructed, if any,
including floor plans, exterior elevations and sections.
(i)
Landscaping, lighting and all site improvements, including final
grading plan where natural contours are changed beyond the road and
building area.
(2)
Accompanying development data, to include the following:
(a)
Application and required fee, if any.
(b)
As required for preliminary plat/plan.
(c)
Certification of title showing that the applicant is the landowner.
(d)
All drawings to be appropriately signed and sealed by a licensed
professional engineer, licensed surveyor, architect and/or landscape
architect as is appropriate and as otherwise required by law.
(e)
Protective covenants in a form for recording, including covenants
governing the maintenance of unceded public space or reservations.
(f)
Offers of cession, dedicating streets, easements, open space
and other facilities.
(g)
Copies of agreements showing the manner in which areas reserved
by the subdivider are to be maintained.
(h)
Sufficient building dimensions and data to assure that applicable
provisions of the New York State Uniform Fire Prevention and Building
Code will be complied with.
(i)
Detailed drawings and specifications for water supply, stormwater
disposal, sanitary sewage disposal and any other required facilities,
services or installations.
(j)
Preliminary approval by the New York State Department of Health
or Department of Environmental Conservation, as applicable, of sewer
and water facility drawings and proposals.
(k)
All offers of cession, deeds, abstracts and easements for any
street, sewer, water or other facilities, as approved by the Town
Attorney.
(l)
Any other data as may be required by the Enforcement Officer,
Planning Board, Town Board or Board of Appeals in the administration
and enforcement of these regulations.
E.
As-built drawings. As-built drawings shall be filed upon completion
of any underground installations or any facility or improvements,
other than a roadway or recreation area, to be offered for cession
to the Town.
[Added 1-11-1999 by L.L.
No. 1-1999]
A.
All applicants submitting an application requiring additional professional
assistance (as determined by the Planning Board) shall pay a review
fee provided for by this section to the Town Clerk upon submission
of the application. No application shall be deemed complete until
all fees and deposits have been paid in full.
B.
Definition. The definition of "review fee" is the total cost incurred
by the Town of Potsdam for expert review of the proposed project and/or
site plan review, and includes all legal, engineering, architectural,
landscaping, secretarial, consultant and all other services that may
be deemed necessary to the review officer.
C.
Since the fee is on an hourly basis, the reviewer will present a
proposal based on an estimate of the number of hours that may be involved;
however provisions will have to be made for a second deposit when
the actual number of hours for review start to exceed those in the
estimate.
D.
Certain construction projects, as determined by the Planning Board
or Code Enforcement Officer may entail costs for an engineer to oversee
construction. These costs will be borne by the applicant.
E.
No certificate of occupancy will be issued until all entailed fees
are paid in full.
