A.
Purpose. It is the purpose of this section to provide a process and
guidelines by which to review those selected uses which may be appropriate
to the respective zoning districts where the number, location, juxtaposition
and site improvement for such uses are carefully considered and regulated
in accord with the objectives of the Town Plan and the detailed requirements
of this section.
B.
Procedure. On application, the Planning Board may authorize the Enforcement
Officer to grant a permit for any use for which approval of the Planning
Board is required by this part according to the process and standards
set forth following. The process for consideration of a conditional
use shall be as follows:
(1)
The nature and content of an application for a building/use permit
for a conditional use shall be as set forth in Appendix B of this
chapter[1] and such additional information as may be required in
the administration of this section. The Enforcement Officer shall
determine the completeness of any application made under this section
and shall notify the applicant within 10 days of the date of submission
if such application is incomplete or deficient in any way and shall,
further, specify the deficiencies.
[1]
Editor's Note: Appendix B, Required Submissions, is attached
to this chapter.
(2)
The Planning Board shall consider the application and render its
decision within 62 days of the date of submission of a complete application
if no public hearing is held or, alternatively, schedule and hold
a public hearing within 62 days of the date of submission and render
its decision within 62 days of the date of hearing. These respective
time frames may be extended only by mutual written agreement between
the applicant and the Board. Consideration of the application at public
hearing shall be optional, at the discretion of the Planning Board.
(3)
Notification of the Planning Board's decision to authorize or deny
the permit and the reasons therefor will be given in writing to the
Enforcement Officer, a copy filed with the Town Clerk within five
days of the date of the Board's decision, and a copy of the Board's
determination furnished to the applicant upon request.
C.
Applicable standards. In addition to the criteria for each conditional
use identified following, the development considerations set forth
in Appendix C of this chapter[2] will be evaluated in the process of reviewing any application
for a conditional use, and the Planning Board shall be satisfied in
every instance that the applicable considerations identified therein
are to be adequately provided for. Conditional uses to be considered
by the Planning Board and the standards applicable to each include:
(1)
Multiple-family dwelling; two-family dwelling; mixed commercial-residential
use. Such uses shall be in accord with the following:
(a)
Floor space, health, safety and sanitary conditions shall be
adequate to ensure livability, be in accord with the New York State
Multiple Residence Law, where applicable, and provide a minimum floor
space of 500 square feet per dwelling unit.
(b)
Lot size per dwelling unit for multiple-family dwelling shall
be in accord with the minimum lot size required in the district and
shall, in addition, have the following required number of square feet
for each dwelling unit in excess of the first according to the type
of unit:
(c)
Adequate off-street parking shall be provided, including a minimum
of one space per dwelling unit.
(d)
Any sign erected in conjunction with such use shall be in accord
with the sign requirements of this part.
(e)
The use shall not interfere or conflict with the peaceful enjoyment
of neighboring residential uses and shall be in accord with the density
guidelines for the area in question according to the established categories
of the Town Plan and this part.
(f)
Streetlights and all exterior lighting shall be dark sky compliant
in that they are downcast with fully recessed bulbs and include full
cut off shields.
(g)
All new tree plantings shall be USDA zone-hardy; be resilient
to salt and sand applications when in close proximity to roads and
parking areas; should diversify the community's tree canopy; and not
consist of ash or maple species as they are highly susceptible to
the long-term threat of invasive species such as the emerald ash borer
and the Asian long-horned beetle. Street trees are to be the responsibility
of the subdivider; they shall be watered regularly in the first year
of planting during extended periods of dry weather, and shall be replaced
in the event of dying within the first two years of planting.
(h)
The property must provide sufficient green space or impervious
area for seasonal snow storage purposes, and the elevation or finished
grade of the location and surrounding area should not result in ponding
or saturation of side and rear yards of adjacent parcels.
(2)
Home occupation. A home occupation shall comply with the following:
(a)
It shall not display or create outside the building any evidence
of the home occupation, except such sign as may be permitted under
the sign requirements of this part.
(b)
Such use is clearly incidental and secondary to the use of the
dwelling unit for residential purposes and does not utilize more than
25% of the gross floor area of the dwelling unit if located therein
or, alternatively, in excess of 400 square feet of any accessory building
if located therein.
(c)
Off-street parking shall be provided for all clients, customers
or patients in the side or rear yard. Such off-street parking shall
be located at least 10 feet from any side or rear property line, shall
be paved, lighted, screened or fenced as directed by the Board and
so as not to interfere with adjacent properties or the roadway.
(d)
No dwelling unit shall include more than one home occupation.
(3)
Business, professional office, funeral home. Such uses shall be located
according to the following:
(a)
The use shall not interfere or conflict with the character of
the immediate neighborhood nor with the peaceful enjoyment of neighboring
uses.
(b)
The amount of land and building area shall be appropriate to
the nature and scale of the proposed business or professional office
use.
(c)
Adequate off-street parking shall be provided, including a minimum
of one space for each customer, patient, client or visitor anticipated
on the premises at any single time in addition to any employee parking.
(d)
Any sign to be erected in conjunction with such use shall be
in accord with the sign requirements of this part and shall further
be considerate to the nature and proximity of adjoining uses.
(e)
Streetlights and all exterior lighting shall be dark sky compliant
in that they are downcast with fully recessed bulbs and include full
cut off shields.
(f)
All new tree plantings shall be USDA zone-hardy; be resilient
to salt and sand applications when in close proximity to roads and
parking areas; should diversify the community's tree canopy; and not
consist of ash or maple species as they are highly susceptible to
the long-term threat of invasive species such as the emerald ash borer
and the Asian long-horned beetle. Street trees are to be the responsibility
of the subdivider; they shall be watered regularly in the first year
of planting during extended periods of dry weather, and shall be replaced
in the event of dying within the first two years of planting.
(g)
The property must provide sufficient green space or impervious
area for seasonal snow storage purposes, and the elevation or finished
grade of the location and surrounding area should not result in ponding
or saturation of side and rear yards of adjacent parcels.
(4)
Manufactured home court shall be approved only according to the following:
(a)
A manufactured home court shall have a minimum lot size as required
in the respective zoning district and be designed to provide for a
minimum of 10 manufactured home sites.
(b)
Individual manufactured home sites or units within the court
shall be a minimum of 6,000 square feet.
(c)
All internal roadways within a manufactured home court shall be improved according to those standards for roadway construction set forth in Part 1, Subdivision Regulations, of this chapter, the minimum width of which shall be 18 feet for two-way traffic and 12 feet for one-way traffic. In addition to the surface width, a five-foot shoulder shall be maintained on each side of every internal roadway.
(d)
No manufactured home shall be located within 20 feet of any
internal roadway or within 50 feet from the edge of the improved travel
surface of any public roadway.
(e)
A minimum of two off-street parking spaces shall be provided
for each manufactured home lot in the manufactured home court outside
the required road and shoulder area.
(f)
All water supply and sewage disposal systems will comply with
those standards set forth and be approved by the State Department
of Health and Department of Environmental Conservation, as is applicable,
before any permit is authorized.
(g)
Adequate provision will be assured for accommodation of surface
drainage and refuse disposal.
(h)
All wiring, fixtures and appurtenances shall be installed and
maintained in accordance with the specifications and regulations of
the local utility company. Whenever possible, electrical transmission
and other utility lines shall be placed below ground.
(i)
Fuel tanks, where used, shall be placed at the rear of the manufactured
home and at a distance at least five feet from any exit and must be
equipped with a safety shutoff valve at the tank. Underground tanks
or a centralized fuel supply system are to be encouraged wherever
possible.
(j)
There shall be required an annual operating permit, application
for which shall be made to the Town Board according to such procedures
and requirements as the Town Board may establish.
(5)
Tourist accommodation; eating, drinking establishment. Such businesses
shall be subject to the following regulations (if newly constructed
or reclassified use):
(a)
Minimum required lot width on a public roadway shall be provided,
and no building, parking or service area shall be closer than 100
feet to any existing residential use other than one on the premises.
(b)
Such use shall be adequately fenced and screened from any adjacent
residential property, and lighting shall be directed away from adjacent
property and the highway. Buffering and screening may consist of tree
and shrub plantings, earthen berms, fences, walls or a combination
of these methods so as to establish an effective visual screen.
(c)
The location and situation of all structures shall be satisfactory
to the Board relative to the visual character and travel safety along
the roadway on which such facility fronts.
(d)
Ingress and egress shall be so designed as to minimize traffic
congestion, and for this purpose, the number and location of driveways
shall be subject to the explicit approval of the Board.
(e)
Sufficient and suitably located and arranged off-street parking
shall be provided in accord with the need of the instant situation
as determined by the Board.
(f)
Streetlights and all exterior lighting shall be dark sky compliant
in that they are downcast with fully recessed bulbs and include full
cut off shields.
(g)
All new tree plantings shall be USDA zone-hardy; be resilient
to salt and sand applications when in close proximity to roads and
parking areas; should diversify the community's tree canopy; and not
consist of ash or maple species as they are highly susceptible to
the long-term threat of invasive species such as the emerald ash borer
and the Asian long-horned beetle. Street trees are to be the responsibility
of the subdivider; they shall be watered regularly in the first year
of planting during extended periods of dry weather, and shall be replaced
in the event of dying within the first two years of planting.
(h)
The property must provide sufficient green space or impervious
area for seasonal snow storage purposes, and the elevation or finished
grade of the location and surrounding area should not result in ponding
or saturation of side and rear yards of adjacent parcels.
(6)
Appliance sales and service, hardware/lumber store, fuel sales and
service. Such uses shall be permitted according to the following:
(a)
The proposed use and the nature of the activity will be determined
to be compatible with existing adjoining uses or unimproved lands.
(b)
The location and situation of all structures shall be satisfactory
to the Board relative to the visual character and travel safety along
the roadway on which the facility fronts.
(c)
Ingress and egress shall be so designed as to minimize traffic
congestion and hazards, and for this purpose, the number and location
of driveways shall be subject to the explicit approval of the Board.
(d)
The individual parking, storage, signing, screening and other
needs of the proposed use shall be provided for in a manner satisfactory
to the Board. Specifically, the location and extent of exterior storage
of vehicles, equipment and materials shall be designated on the application
and such screen planting or other site improvements as may be required
to protect the visual character of the area shall be instituted in
accord with the direction of the Board.
(e)
Streetlights and all exterior lighting shall be dark sky compliant
in that they are downcast with fully recessed bulbs and include full
cut off shields.
(f)
All new tree plantings shall be USDA zone-hardy; be resilient
to salt and sand applications when in close proximity to roads and
parking areas; should diversify the community's tree canopy; and not
consist of ash or maple species as they are highly susceptible to
the long-term threat of invasive species such as the emerald ash borer
and the Asian long-horned beetle. Street trees are to be the responsibility
of the subdivider; they shall be watered regularly in the first year
of planting during extended periods of dry weather, and shall be replaced
in the event of dying within the first two years of planting.
(g)
The property must provide sufficient green space or impervious
area for seasonal snow storage purposes, and the elevation or finished
grade of the location and surrounding area should not result in ponding
or saturation of side and rear yards of adjacent parcels.
(7)
Gasoline station, service garage; vehicle equipment sales, service.
Any such establishment shall be subject to the following regulations:
(a)
No building, parking or service area shall be closer than 100
feet to any existing residential use.
(b)
The minimum distance between pump islands and between the building
and any pump islands shall be 20 feet.
(c)
No wastewater, oil, toxic or inflammable materials shall drain
onto, pollute or create hazardous or unsightly conditions, and the
provision therefor shall be satisfactory to the Board.
(d)
Ingress and egress shall be so designed as to minimize traffic
congestion, and for this purpose, the number and location of driveways
shall be subject to the explicit approval of the Board.
(e)
Sufficient and suitably located and arranged off-street parking
shall be provided in accord with the need of the instant situation
as is determined by the Board.
(f)
Any auto wash shall provide four stacking spaces per bay on
the lot to prevent the waiting of automobiles in the public roadway.
(g)
No exterior storage of dismantled or disabled vehicle parts
or salvage material shall be permitted.
(8)
Organized group camp; resort lodge, club. Any such use shall be evaluated
by the Board and approved only according to the following:
(a)
The appropriateness of the use in its proposed location relative
to the zoning classification and to surrounding uses or open space
characteristics.
(b)
The amount of land involved, the number of members or occupants,
and the size and sophistication of accommodations to be provided as
these pertain to the intensity of the use and the ability of the land
and the character of surrounding areas to accommodate it within the
intent of each of the respective zoning districts.
(c)
The means of access and its adequacy based on the period during
which the facility will operate as well as provision for such service
requirements as telephone, electric, refuse disposal, water and sanitary
wastes.
(9)
Recreational campsite shall be approved only according to the following:
(a)
A recreational campsite shall include a minimum parcel size
of 10 acres and provision for the accommodation of a minimum of 20
recreational living units.
(b)
Within a recreational campsite, a minimum area of 3,000 square
feet shall be designated for each unit's location.
(c)
Roadway, sanitary and site improvement considerations will be
as provided for above under manufactured home court or as is otherwise
appropriate as determined by the Board in its review of any such proposal.
(d)
Such campsites shall be developed in those locations and with
such available facilities so as to ensure that they will not pose
a hazard or detriment either to the occupants thereof or adjoining
property owners. In particular, any requirements for the accommodation
of water supply and sanitary sewage disposal shall be approved by
the New York State Department of Health or Department of Environmental
Conservation, as is applicable, before any permit is authorized.
(e)
There shall be required an annual operating permit, application
for which shall be made to the Town Board according to such procedures
and requirements as the Town Board may establish.
(10)
Junkyard. The establishment, continuation, change or expansion
of such use shall be according to the following:
(a)
A biennial operating permit shall be applied for upon the expiration
of any existing license or permit; or where none has been obtained,
within six months of the effective date of this part; or where the
establishment of a new, changed or expanded use is involved, at the
time application is made for a building/use permit.
(b)
Payment of such initial and renewal fee as may be established
by the Town Board.
(c)
An application with site plan shall be made to and considered
by the Town Board, which shall direct the Enforcement Officer to make
such inspection and report as is deemed necessary. The Town Board
shall authorize the permit to be issued or denied within 90 days from
the date of application submission or within 90 days from the date
of issuance of a building/use permit in the establishment of a new,
changed or expanded use.
(d)
The Board shall determine that such use will not be detrimental
to the public health, safety or welfare and, further, that such use
will not detract from the visual character of the Town as viewed from
any public right-of-way, from the permitted use of adjoining properties,
or otherwise create a nuisance.
(e)
Said use shall not be located within 200 feet of the center
line of any roadway, 200 feet of any lake, river or stream, or 500
feet of any residential, public, municipal or semipublic use.
(f)
All junkyards shall be so located that they are screened from
view from the public right-of-way and completely surrounded with an
approved fence of suitable construction and appearance and have a
satisfactory gate which can be closed and locked except during normal
working hours of said use. Such fence shall not be erected nearer
than 50 feet to any lot line.
(g)
The junkyard and enclosure shall be so designed that all junk
and disabled or dismantled vehicles or vehicle parts stored or deposited
at the site shall be kept within the enclosure of the fence and below
the top of the fence, except during transportation of same in the
reasonable course of the business.
(h)
The biennial operating permit, once issued, shall be valid for
a period of two years from its effective date, which shall be noted
thereon, 90 days prior to the expiration of which the permit holder
shall make application for renewal.
(i)
Issuance of the operating permit shall be personal to the designated
permit holder and shall not be transferable or assignable.
(11)
Forest; rural industry. Such use shall be permitted upon authorization
of the Board when it determines that:
(a)
The proposed use will not detract from or interfere with adjoining
uses or vacant land.
(b)
The proposed use is consistent with the Town Plan for the area
in question and is otherwise consistent with the objectives and standards
of the respective zoning district.
(c)
Any building or structure to be constructed or located in conjunction
with such use shall comply with all minimum yard, building location
and height requirements elsewhere specified in this part and, in addition,
shall not exceed 2,400 square feet in gross floor area.
(d)
The individual parking, loading, storage, signing, screening
and other needs of the proposed use are provided for in a manner satisfactory
to the Board.
(12)
Commercial sand and gravel excavation. Upon receipt of a notice
addressed to the Town Supervisor from the Department of Environmental
Conservation (DEC) regarding a complete application for a mining permit,
the Town Supervisor or Town Clerk shall contact and inform the DEC
of the date the notice was received, and forward copies of the notice
and completed application to the Town Planning Board for review and
final action. The New York State Mined Land Reclamation Law supercedes
all other state and local laws related to mining and reclamation,
and provides the Town to schedule a public hearing, take action, and
respond within 30 days of receiving the DEC notice. Upon taking final
action, the Town Planning Board shall submit written comments to the
DEC and applicant that state: whether mining is permitted at the proposed
location; the Planning Board's decision; and the recommended conditions
of approval in the DEC mining permit regarding ingress and egress
to locally controlled roads; routing on locally-controlled roads,
setbacks, barriers, dust control and hours of operation.
(a)
Whether mining is permitted at the location.
(b)
Ingress and egress to locally controlled roads: Truck access
to any excavation site shall be so arranged as to minimize danger
to traffic and nuisance to surrounding properties. At a minimum, there
shall be 500 feet of sight distance at the entrance to the facility.
In order to prevent dust, such entrances shall be kept wet, treated
with chemical dust deterrents, or paved. All ingress and egress points
into the site shall be secured from unauthorized access or trespass.
(c)
Routing of mineral transport vehicles on locally controlled
roads: In consultation with the Town Highway Superintendent, necessary
improvements to Town roads used as haulage ways shall be based on
the width, bearing capacity and type of road surface of all Town roads
that are proposed to be used by truck traffic to or from the site,
and based on the number and weight of the vehicles entering and existing
the property.
(d)
Comment as requested on the requirements and conditions as specified
in the DEC permit concerning setbacks from property lines and rights-of-way,
and fabricated or natural barriers designed to restrict property access
(if needed), including type, length, height and location.
(e)
Dust control: All dust resulting from excavation, processing
or use of heavy equipment including trucks shall be controlled by
using water, suitable mechanical, and approved chemical control methods
identified in the DEC mining permit application. Oils or petroleum
products shall not be used in the site or on any haul-road to suppress
dust. Visible dust shall not be allowed to leave the permitted area.
(f)
Hours of operation: Operation shall be limited between the hours
of 6:00 a.m. to 6:00 p.m., except when mitigating natural disasters
or following prior approval from the Planning Board for specific projects
that are restricted to night operations.
(g)
Conformance with plans: All activities authorized by the DEC
permit must be in strict conformance with the approved plans submitted
by the applicant or applicant's agent as part of the permit application.
Mining operations shall maintain a copy of a current DEC permit at
the Town offices. Delinquency of maintaining a current DEC permit
after a period of one year constitutes abandonment.
(h)
Enforcement of reclamation requirements contained in the DEC
permit: A plan for restoration and rehabilitation of a commercial
earth excavation area or pit shall accompany the permit and shall
be in conformity with the applicable provisions of the State Mined
Land and Reclamation Act.
(i)
Bond, surety to remain in force: A copy of a required reclamation
bond or other surety, in an amount determined by the DEC, shall be
submitted to the Town, and shall be maintained in full force and effect.
Such a bond or other surety shall not be terminated until the reclamation
of the mined area is approved by the DEC in writing.
(13)
Public, private utility service facility. Such uses shall be
subject to the following regulations:
(a)
Such facility shall not be located on a residential roadway,
unless no other site is available, and shall be so located as to necessitate
minimal travel of service vehicles over such roadways.
(b)
The location, design and operation of such facility shall not
adversely affect the character of the surrounding area.
(14)
Small business operation.
(a)
The number of employees engaged in the small business operation
shall be limited to three full-time positions.
(b)
The amount of land and building area shall be suitable to the
nature and scale of the proposed use, and the operation shall be conducted
entirely within an enclosed area; the Board may require screening
from adjacent properties, as needed.
(c)
Adequate off-street parking shall be provided, including a minimum
of one space for each employee plus one space for each customer, patient,
client or visitor anticipated to be on the premises at any one given
time.
(d)
No offensive noise, vibration, glare, fumes, odors or electrical
interference shall be produced.
(e)
Signs shall be in conformance with the requirements of this
part.
(f)
The small business operation shall be conducted either within
the home or in a separate structure.
(g)
Streetlights and all exterior lighting shall be dark sky compliant
in that they are downcast with fully recessed bulbs and include full
cut off shields.
(h)
All new tree plantings shall be USDA zone-hardy; be resilient
to salt and sand applications when in close proximity to roads and
parking areas; should diversify the community's tree canopy; and not
consist of ash or maple species as they are highly susceptible to
the long-term threat of invasive species such as the emerald ash borer
and the Asian long-horned beetle. Street trees are to be the responsibility
of the subdivider; they shall be watered regularly in the first year
of planting during extended periods of dry weather, and shall be replaced
in the event of dying within the first two years of planting.
(i)
The property must provide sufficient green space or impervious
area for seasonal snow storage purposes, and the elevation or finished
grade of the location and surrounding area should not result in ponding
or saturation of side and rear yards of adjacent parcels.
(15)
Kennel, animal shelter, animal hospital, riding academy, and
commercial stable.
(a)
All quarters for animals shall be subject to the normal setbacks
and standards in that district.
(b)
The separation distance between existing neighboring residences
and the animal housing quarters shall be a minimum of 200 feet.
(c)
The animal housing quarters shall be enclosed, fenced or otherwise
screened from public view and adjacent residences.
(d)
The operation shall mitigate on-site noise and offensive odor
through fencing, setbacks, topography, integrated buffers or enclosing
animals in a structure.
(e)
Adequate provisions for water supply and sewage disposal shall
be made in compliance with New York State Department of Health Standards.
(f)
The minimum manure pile or burial ground setback shall be 100
feet from any stream, river, lake or property lot line.
(g)
The Planning Board may condition the permit by limiting the
number of animals allowed at the kennel or animal shelter.
(h)
All such uses shall be prohibited in the area zoned Community
Centers (CC).
(i)
The keeping or breeding of poultry, pigeons, horses, livestock,
wild animals or farm animals shall be prohibited in areas zoned Community
Centers (CC), Colton Hamlet (CH) or South Colton Hamlet (SCH), except
on existing farms on the effective date of this chapter.
(j)
The keeping of any animal or fowl commonly known or regarded
as wild and/or ferocious shall be prohibited except under a special
permit issued by the Town Board.
(k)
The use shall not jeopardize the health, welfare or useful enjoyment
of any surrounding property.
(16)
Bed-and-breakfast inn. Such business shall be subject to the
following regulations:
(a)
Minimum required lot width on a public roadway shall be provided,
and no building, parking or service area shall be closer than 100
feet to any existing residential use other than the one on the premises.
(b)
Such use shall be adequately fenced and screened from any adjacent
residential property.
(c)
The location and situation of all structures shall be satisfactory
to the Board relative to the visual character and travel safety along
the roadway on which such facility fronts.
(d)
Ingress and egress shall be so designed as to minimize traffic
congestion and, for this purpose, the number and location of driveways
shall be subject to the explicit approval of the Board.
(e)
Sufficient and suitably located and arranged off-street parking
shall be provided in accord with the need of the instant situation
as determined by the Board.
(f)
Any sign erected in conjunction with such use shall be in accord
with the sign requirements of this part.
(g)
The use shall not interfere or conflict with the peaceful enjoyment
of neighboring residential uses and shall be in accord with the density
guidelines for the area in question according to the established categories
of the Town Plan and this part.
(h)
Streetlights and all exterior lighting shall be dark sky compliant
in that they are downcast with fully recessed bulbs and include full
cut off shields.
(i)
All new tree plantings shall be USDA zone-hardy; be resilient
to salt and sand applications when in close proximity to roads and
parking areas; should diversify the community's tree canopy; and not
consist of ash or maple species as they are highly susceptible to
the long-term threat of invasive species such as the emerald ash borer
and the Asian long-horned beetle. Street trees are to be the responsibility
of the subdivider; they shall be watered regularly in the first year
of planting during extended periods of dry weather, and shall be replaced
in the event of dying within the first two years of planting.
(j)
The property must provide sufficient green space or impervious
area for seasonal snow storage purposes, and the elevation or finished
grade of the location and surrounding area should not result in ponding
or saturation of side and rear yards of adjacent parcels.
[2]
Editor's Note: Appendix C, Development Considerations, is
attached to this chapter.
A.
Purpose.
(1)
It is the purpose of this section to provide a process for the recognition
and detailed evaluation of those types of natural and related land
use considerations important to the achievement of the Town Plan and
the purpose of this part and which, given the nature, level of detail
and scale of the Town-wide inventory and Zoning Maps, require a more
exact and site-specific evaluation on a case-by-case basis than is
otherwise possible. Specifically, the Land Preservation (LP) Overlay
District has been established to depict land and water areas with
particularly significant limitations to development that necessitate
a more careful evaluation of the likely impact of such development.
The types of limitations encompassed within this overlay district
include:
(2)
Consistent with this purpose, the provisions of this section shall
apply to all land and water areas in a Land Preservation (LP) Overlay
District, Rural Town and Resource Management Town Districts, to all
standard and conditional uses otherwise permitted in the underlying
zoning districts, except that forest practices not otherwise subject
to review shall be exempt from the provisions of this section in flood
hazard areas, wetlands, and deer wintering components of important
natural features, the exempt geographic areas to be determined by
the Code Enforcement Officer.
B.
Procedure. The process for consideration of any proposed use to be
situated in any Land Preservation (LP) Overlay District, Rural Town
and Resource Management Town District shall be as follows:
(1)
The nature and content of an application for any use considered under
this section shall be as set forth in Appendix B of this chapter[1] and such additional information as may be required in
the administration of this section. The Enforcement Officer shall
determine the completeness of any application considered under this
section and shall notify the applicant within 10 days of the date
of submission if such application is incomplete or deficient in any
way and shall further specify the deficiencies.
[1]
Editor's Note: Appendix B, Required Submissions, is attached
to this chapter.
(2)
The Planning Board shall consider the application, including such
professional expert assistance as may be necessary, and render its
decision within 62 days from the date of submission of a complete
application if no public hearing is held, or, alternatively, schedule
and hold a public hearing within 62 days of the date of submission
and render its decision within 62 days of the date of hearing. These
respective time frames may be extended only by mutual written agreement
between the applicant and the Board. Consideration of the application
at public hearing shall be optional, at the discretion of the Planning
Board.
(3)
Notification of the Planning Board's decision to authorize or deny
the permit and the reasons therefor will be given in writing to the
Enforcement Officer, a copy filed with the Town Clerk within five
days of the date of the Board's decision, and a copy of the Board's
determination furnished to the applicant upon request.
(4)
Compliance with State Environmental Quality Review Act. In the review
and approval of site plans, the Planning Board shall comply with the
provisions of the State Environmental Quality Review Act under Article
8 of the Environmental Conservation Law and its implementing regulations.
C.
Applicable standards. Any use proposed to be located within a Land
Preservation (LP) Overlay District, Rural Town and Resource Management
Town District shall be evaluated according to the applicable development
considerations set forth in Appendix C of this chapter.[2] In addition, the following specific guidelines shall apply
to the respective considerations identified in the Land Preservation
(LP) Overlay District:
(1)
Flood hazard areas. No use shall be situated within any flood hazard area where the location of such use will jeopardize the health, safety or welfare of the occupants of such use, the stability of the use itself or where such use will aggravate flooding conditions upstream due to the displacement of floodwaters. In particular, any use proposed in such area shall be reviewed according to the flood hazard area requirements of Part 2 of this chapter.
(2)
Wetlands. No use shall be situated in or adjacent to any wetland
area where the location of such use, by landfill or drainage, will
damage or affect in a significantly detrimental manner the water retention
capacity or unique flora or fauna characteristics of such wetland;
and further, no such use shall be located where the instability or
inadequate bearing capacity of the wetland would jeopardize the stability
of the use itself.
(3)
Steep slopes and high elevations. No use shall be situated on any
slope in excess of 25% or above 2,500 feet in elevation where the
location of such use will cause or aggravate significant earth erosion
or slippage, encourage malfunctioning of any individual sewage disposal
system or damage unique vegetation or fragile ecosystems located at
such higher elevations.
(4)
Designated and study river corridors and designated highway corridors.
Any use to be situated within such corridor shall, in addition to
all other shoreline and setback requirements, be sited with consideration
to the relationship of the proposed use to the waterway or roadway,
its visibility from the shoreline or roadway with respect to the removal
or placement of vegetation and the compatibility of the use with the
character of the area and public purpose of the corridor designation.
(5)
Important natural and scenic features. Any use to be situated within
such an area shall, in addition to all other requirements, provide
reasonable assurance that such use will not significantly affect in
a detrimental manner the biological features or scenic character which
have distinguished such locations. In particular, the type and extent
of the use, the placement and dimension of any structure and the removal
or placement of vegetation will be reviewed by the Planning Board
to determine that the proposed use will not unnecessarily encroach
upon or destroy these features.
[2]
Editor's Note: Appendix C, Development Considerations, is
attached to this chapter.
D.
All applicants submitting an application requiring additional professional
assistance (as is determined by the Planning Board of the Town of
Colton) shall pay a review fee provided for by this chapter to the
Town Clerk upon submission of the application and notification by
the Town Clerk. No application shall be deemed complete until all
fees and deposits have been paid in full.
E.
Definition of review fee. A review fee is the total cost incurred
by the Town of Colton for expert review of the proposed project, site
plan review, and is to include legal, engineering, architectural,
landscaping, secretarial, consultants and all other services that
may be deemed necessary by the Code Enforcement Officer.
F.
Retention of expert assistant, reimbursement by applicant.
(1)
The Town may hire any consultant and/or expert necessary to assist
the Town in reviewing a land use application, including, but not limited
to, technical or engineering consultants or special legal counsel.
(2)
Except as otherwise provided in the Town Code, if prior to the completion
of a review of a land use application the Town discovers the need
to retain consultant and/or expert services, the applicant shall deposit
with the Town funds sufficient to reimburse the Town for the reasonable
costs of consultation and/or evaluation in connection with review
of the application. The Town will maintain a separate escrow account
for such funds.
(3)
Upon receipt of such funds, the Town Clerk shall cause the money
to be placed in an account in the name of the Town and shall keep
a separate record of all money so deposited and the name of the applicant
upon receipt of the project for which the sums were deposited.
(4)
The Town's consultants and experts shall invoice the Town for services
rendered in reviewing the application. The Town shall furnish a copy
of each invoice received to the application file upon receipt of the
invoice by the Town.
(5)
The Town shall review and audit all invoices received and shall approve
payment only of such fees as are reasonable in amount and necessarily
incurred by the Town in connection with a review of a land use application.
For purposes of this chapter, a fee is reasonable in amount if it
bears a reasonable relationship to the average charge by such an expert
to the Town or others for services performed in connection with the
review of a project similar to that involved in the land use application.
In this regard, the Town may take into consideration the size and
type of project involved, the expertise of the consultants and experts,
the usual costs of such services as provided by the consultants and
experts, and any other special conditions or considerations as the
Town may deem relevant in connection with the review of the particular
land use application.
(6)
Contracts for the retention of experts shall be let pursuant to the
purchasing policy of the Town unless the contract is one that must
be competitively bid.
(7)
After payment of all outstanding invoices, any funds held by the
Town upon completion of a review of a land use application shall be
returned to the applicant.
G.
Exceptions.
(1)
The following developments are hereby exempt from the application
of this section:
(2)
Notwithstanding anything to the contrary contained in this chapter,
an applicant or developer shall not be required to reimburse the Town
for any part of a fee incurred by the Town for services performed
in connection with matters, including but not limited to those resulting
from complaints by third parties, as to which the Town determines
the applicant had no responsibility or were beyond the reasonable
control of the applicant.
A.
Purpose.
(1)
The purpose of planned development district provisions is to provide
a means of developing those land areas within the Town considered
appropriate for new residential, recreational, commercial or industrial
use — or a satisfactory combination of these uses — in
an economic and compatible manner, while encouraging the utilization
of innovative planning and design concepts or techniques in these
areas without departing from the spirit and intent of this part.
(2)
In particular, this provision is designed to accommodate proposed
planned unit development or clustering techniques not otherwise provided
for in the established zoning districts.
B.
Procedure.
(1)
For the establishment of a planned development district.
(a)
Application for designation of a planned development district
shall be referred to the Planning Board within 10 days of the date
of submission. The applicant shall furnish that data called for under
preliminary plat/plan in Appendix B of this chapter.[1]
[1]
Editor's Note: Appendix B, Required Submissions, is attached
to this chapter.
(b)
The Planning Board and any professional planning advisor that the Board may see fit to engage shall review such application. The Board may require such changes in the preliminary plan as are found to be necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity, and to promote the orderly growth and sound development of the Town. In evaluating the proposal and in reaching its decision regarding the preliminary plan, the Planning Board shall consider and make findings regarding those applicable considerations set forth under Subsection C of this section.
(c)
The Planning Board shall report its findings and offer its recommendation
to the Town Board within 45 days. It may approve, disapprove or give
conditional approval subject to stipulated conditions or modifications
regarding the proposed development.
(d)
The Town Board shall hold any public hearing, after public notice
as required for any amendment to this part, and shall consider the
report and recommendations of the Planning Board and all other comments,
reviews and statements pertaining thereto. It may amend the Zoning
Map(s) to establish and define the type and boundaries of the planned
development district and, in so doing, may state specific conditions
in addition to those provided by this section regarding the nature
or design of the development.
(2)
For the approval of development within an established planned development
district.
(a)
Amendment of the Zoning Map(s) shall not constitute authorization
to develop in the district.
(b)
Such authorization, after a planned development district has
been established, shall require that the applicant submit to the Planning
Board such further plans and specifications, supporting documents
and data as are required under final plat/plan in Appendix B of this
chapter.[2]
[2]
Editor's Note: Appendix B, Required Submissions, is attached
to this chapter.
(c)
The Planning Board and the Board's professional planning advisor shall set forth the particular ways in which the proposed development is consistent with the Town Plan and the requirements of this section, including, but not limited to, findings of fact and conclusions on the applicable considerations set forth under Subsection C of this section.
(d)
No permit shall be issued until the Planning Board has made
its recommendation based on the foregoing considerations and the Town
Board has considered this recommendation and authorized issuance of
a permit by resolution. The Town Board may override the recommendation
of the Planning Board in adopting its resolution to authorize or deny
a permit only by an affirmative vote of a majority of the full Town
Board.
(e)
All conditions imposed by the Town Board in its amendment and
such subsequent conditions as may be imposed by the Town Board in
its review of the final plan, including any the performance of which
may be conditions precedent to the issuance of any permit, shall run
with the land and shall not lapse or be waived as a result of any
change in tenancy or ownership of any or all of the designated district.
(f)
If construction of the development in accordance with the approved
plans and specifications has not begun within six months after the
date of the issuance of the permit, all permits shall become null
and void, and the approval shall be deemed revoked and vacated, except
as application may be made to and considered by the Board of Appeals;
which Board may, for due cause shown, authorize such extension to
the validity of the permit as it may determine appropriate.
C.
Applicable standards. The following individual or satisfactory combination
of planned development districts may be considered according to the
requirements stipulated for each and according to the general considerations
identified herein applicable to any proposed planned development district.
(1)
Planned development considerations. The development considerations
set forth in Appendix C of this chapter[3] will be evaluated in the process of reviewing the preliminary
and final plans submitted under the planned development district process,
and the Town shall be satisfied in every instance that these criteria
are to be adequately handled or provided for in the proposed development.
[3]
Editor's Note: Appendix C, Development Considerations, is
attached to this chapter.
(2)
Planned Residential (P-R) District.
(a)
Permitted uses include, but are not limited to:
(b)
Within a planned residential district, the requirements shall
be as follows:
[1]
Area/density. Any planned residential district shall have a
minimum area of 10 acres, and all development within a planned residential
district will not exceed the maximum density guidelines as expressed
for the area in question in the Town Plan and this part.
[2]
Manufactured home courts. All such developments carried out under this section shall comply with the applicable requirements for manufactured home courts set forth under § 105-68.
[3]
Required minimum yard dimensions within the planned district
shall be as follows:
[a]
Perimeter of entire district: 25 feet.
[b]
Front: 30 feet for one-family dwelling; 35 feet
for two-family dwelling; 40 feet for multiple-family dwelling.
[c]
Side: 15 feet each side for one-family dwelling;
20 feet each side for two-family dwelling; 40 feet between any buildings
for multiple-family dwelling.
[d]
Rear: 25 feet, all principal buildings.
[4]
Building coverage maximum shall be as follows:
|
Zoning District
|
Maximum Building Coverage
|
|---|---|
|
CH, SCH, CC
|
25%
|
|
R-Rec
|
20%
|
|
RT, R-RuP
|
15%
|
|
OCP
|
10%
|
|
FMP, RM-T
|
5%
|
[5]
Building height maximum shall be as follows:
[a]
To a maximum of 35 feet for one-, two- and multiple-family
dwellings.
[6]
Roadways shall be as follows:
[a]
All roadways, whether to be offered for cession to the Town or not, shall be constructed in accord with Town standards as established in Part 1, Subdivision Regulations, of this chapter and, in addition, according to any further requirements or stipulations deemed necessary by the Town Highway Superintendent and as set forth in the resolution of approval of the final plan.
[8]
Open space and recreation area shall be provided as follows:
[a]
Suitable and satisfactorily located lands comprising
at least 5%, but not required to be more than 10%, of the area of
the Planned Residential District shall be designated and reserved
for open space recreational purposes. Improvements and facilities
to be provided as part of such recreation area and provisions for
its maintenance shall be acceptable to the Town and the responsibility
of the applicant.
(3)
Planned Recreation (P-Rec) District.
(a)
Permitted uses include, but are not limited to:
(b)
Within a Planned Recreation District, the minimum area, yards,
off-street parking and maximum building coverage and height requirements
shall be as follows:
[1]
Area/density. Any Planned Recreation District shall have a minimum
area of 25 acres, and all development within such area shall not exceed
the maximum density guidelines expressed for the area in question
in the Town Plan and this part.
[5]
Off-street parking shall be provided as follows:
[a]
One space per individual customer or patron to
be accommodated at any one time, plus employee parking and loading
and service areas as necessary.
[6]
Roadways shall be as follows:
[a]
All roadways, access drives and parking areas, whether to be offered for cession to the Town or not, shall be constructed in accord with Town standards as established in Part 1, Subdivision Regulations, of this chapter and, in addition, according to any further requirements or stipulations deemed necessary by the Town Highway Superintendent and as set forth in the resolution of approval of the final plan.
(4)
Planned Commercial (P-C) and Planned Industrial (P-I) Districts.
(a)
Permitted uses include, but are not limited to:
[1]
Retail store;
[2]
Shopping center;
[3]
Professional, business office;
[4]
Tourist accommodation;
[5]
Eating, drinking establishment;
[6]
Bank, financial institution;
[7]
Commercial recreation; tourist attraction;
[8]
Development or research center;
[9]
Light manufacturing, assembly, processing; warehouse, storage;
[10]
Sawmill, timber, pulp and like wood industry;
and
[11]
Such accessory uses as are customarily incidental
to the foregoing uses.
(b)
Within a Planned Commercial or Industrial District, the minimum
area, off-street parking, yards, maximum building coverage and building
height requirements shall be as follows:
[1]
Area/density. Any Planned Commercial or Industrial Districts
shall have a minimum area of 10 acres, and all development within
such areas shall not exceed the maximum density guidelines expressed
for the area in question in the Town Plan and this part.
[6]
Roadways shall be as follows:
[a]
All roadways, access drives and parking areas, whether to be offered for cession to the Town or not, shall be constructed in accord with Town standards as established in Part 1, Subdivision Regulations, of this chapter and, in addition, according to any further requirements or stipulations deemed necessary by the Town Highway Superintendent and as set forth in the resolution of approval of the final plan.
