No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
nor shall any land be used for any purpose other than those included
among the uses listed as permitted uses in each zone district of this
chapter and meeting the requirements set forth herein. Open space
contiguous to any building shall not be encroached upon or reduced
in any manner, except in conformity to the area and bulk requirements,
off-street parking requirements, and all other regulations required
by this chapter for the zone district in which such building or space
is located. In the event of any such unlawful encroachment or reduction,
such building or use shall be deemed to be in violation of this chapter,
and the certificate of occupancy or certificate of compliance, as
appropriate, shall become null and void.
A.
No structure shall be built within 50 feet of the bed of a watercourse
carrying water on an average of six months of the year, except for:
[Amended 6-25-2020 by L.L. No. 3-2020]
(1)
Public bridges, public waterworks and other municipal or public utility
facilities.
(2)
Such private bridges, fords, drainage conduits, embankments and similar
structures as are necessary to permit access to a lot or portion thereof
or as are incidental to a lawful use of a lot, provided that such
structure will not have a material adverse effect on the stream, nor
alter the flow of water therein, nor substantially increase the likelihood
of flood or overflow in the area.
B.
No movement of earth or filling of any material shall be permitted
in any district without a site development permit issued by the Zoning
Officer subject to the provisions of this chapter.
C.
No person shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building or swimming pool on such premises or lawful excavation operations pursuant to § 300-175 of this chapter.
[Amended 5-11-1995 by L.L. No. 2-1995]
D.
Whenever natural features such as trees, brooks, drainage channels
and views interfere with the proposed use of property, the retention
of the maximum amount of such features consistent with the intended
use of the property shall be encouraged.
E.
No movement of earth or erosion shall be permitted at any time in
any district, which adversely affects conditions on any other property.
[Added 6-25-2020 by L.L.
No. 3-2020]
Except as specifically provided herein, no lot shall have erected
upon it more than one principal building. No yard or other open space
provided around any building for the purpose of complying with the
provisions of this chapter shall be considered to provide a yard or
open space for any other building.
No site preparation or construction shall be commenced until
final subdivision approval has been granted by the Town and the subdivision
map has been filed in the Wayne County Clerk's office or site development
plan approval has been granted and all conditions of said approval
have been met. In special circumstances the Town may grant approval
for site preparation in advance of final approval upon application
for permission to the Town. Said application shall be supported by
good and sufficient reasons for starting in advance of final approval
and must contain adequate surety for the performance of the work.
A.
Accessory buildings attached to a principal building shall comply
with the yard requirements of this chapter for the principal building.
B.
Detached accessory buildings on corner lots may be located in a side
yard subject to the side setback requirements of Schedule I.[1] Such accessory buildings shall be no closer to the right-of-way
line than the required front setback line.
[1]
Editor's Note: Schedule I is included as an attachment to
this chapter.
C.
The Zoning Officer may require detached accessory buildings to be
fenced and/or buffered from adjacent properties consistent with approved
site development plans, in order to protect the value of adjacent
properties.
[Added 6-8-2017 by L.L.
No. 2-2017; amended 6-25-2020 by L.L. No. 3-2020]
The following regulations shall apply to solar uses as accessory
uses or structures:
A.
Roof-mounted systems. Roof-mounted systems are permitted as an accessory
use in all zoning districts when attached to lawfully permitted principal
uses and accessory structures, subject to the following requirements:
(1)
Height. Solar energy systems shall not exceed maximum height restrictions
within any zoning district and are provided the same height exemptions
granted to building-mounted mechanical devices or equipment.
(2)
Setback. Solar energy systems are subject to the setback requirements
of the underlying zoning district.
(3)
Aesthetics. Solar installations shall incorporate the following design
requirements:
(a)
Solar energy equipment shall be installed inside walls and attic
spaces to reduce their visual impact. If solar energy equipment is
visible from a public right-of-way, it shall match the color scheme
of the underlying structure.
(b)
Panels facing the front yard must be mounted at the same angle
as the roof's surface with a maximum distance of 18 inches between
the roof and highest edge of the system.
(c)
Solar panels affixed to a flat roof shall be placed below the
line of sight from a public right-of-way.
B.
Ground-mounted systems. Ground-mounted solar energy systems are permitted
as an accessory structure in all zoning districts, subject to the
following requirements:
(1)
All ground-mounted solar panels in residential districts shall be
installed in the side yard or rear yard.
(2)
Lot size. Ground-mounted solar panels are only permitted on lots
of one acre or greater.
(3)
Setback. Ground-mounted solar panels are subject to setback requirements
of the underlying zoning district.
(4)
Height.
(a)
Solar panels are restricted to the following heights when located
at the following setbacks:
|
Ground-Mounted Height and Setback Requirements
| |
|---|---|
|
Setback
(feet)
|
Permissible Height
(feet)
|
|
6 to 10
|
6
|
|
Greater than 10 to 15
|
12
|
|
Greater than 15
|
15
|
(b)
All height measurements are to be calculated when the solar
energy system is oriented at maximum tilt.
(5)
Lot coverage. The surface area of ground-mounted solar panels shall
be included in lot coverage calculations.
C.
Building-integrated photovoltaic (BIPV). BIPV materials shall be
permitted in all zoning districts.
At the intersection of two or more streets, no hedge, fence
or wall (other than a single post or tree) which is higher than three
feet above the ground surface, nor any obstruction to vision, including
agricultural crops, shall be permitted in the triangular area formed
by the intersecting street lines and a line joining each 50 feet distant
from said intersection measured along the edge of the pavement.
Every principal building shall have access to a public street
improved to meet Town requirements. Access may be either direct or
by private road or drive approved by the Town. Said road or driveway
shall have a right-of-way width of not less than 30 feet and a pavement
width of not less than 15 feet improved with a durable all weather
surface, subject to approval by the Town Board. All structures shall
be so located on lots so as to provide safe and convenient access
for servicing, fire protection and required off-street parking.
Where a building lot has frontage on a street which is proposed
for right-of-way widening, the required front yard setback area shall
be measured from such proposed right-of-way line.
No business establishment shall place or display goods for purposes
of sale or permit any coin-operated vending machine of any type to
be placed in any location which would infringe upon the required yard
areas specified in this chapter.
No manure, odor or dust-producing substances shall be permitted
to be stored within 125 feet of any lot line.
For the purpose of regulating the location of buildings on corner
lots, all portions of a corner lot which front on a public street
shall be subject to the front yard requirements of the zone district
in which said corner lot is located.
No front yard shall be used for the open storage of boats, vehicles,
travel trailers or any other equipment. Such vehicles may be stored
on the side of the building but no closer than 10 feet from the rear
or side lot line.
When a new lot is formed so as to include within its boundaries
any part of a former lot on which there is an existing building or
use, the subdivision must be carried out in such a manner as will
not infringe upon any of the provisions of this chapter, either with
respect to any existing structures or use and any proposed structures
or use or setbacks.
Nothing in this chapter shall restrict the construction, use
or maintenance of public buildings, structures or facilities, parks
or other publicly owned properties or the installation and maintenance
of such public utilities as may be required to service any district.
All facilities shall be subject to the yard requirements of this chapter
and to site plan review.
Fences erected in the Town shall adhere to the following standards:
A.
No fence in a front yard of a residential district shall be erected,
altered or reconstructed to a height exceeding four feet above ground
level.
B.
Fences in any rear or side yard of a residential district may be
erected, altered or reconstructed to a height of up to 6 1/2
feet above ground level.
C.
Fencing used to enclose a tennis court may be permitted up to 10
feet in height, provided that such fencing is not less than 25 feet
from either the side or rear property line.
D.
These restrictions shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth.
E.
Fences in the Office, Research and Manufacturing and Commercial Districts
may be up to eight feet in height, except that they shall not exceed
four feet in height in any front yard.
F.
Fences for kennels and for the purpose of enclosing farmland, horses
and cattle shall not exceed eight feet in height.
G.
No fence shall be erected to encroach on any property line or upon
a public right-of-way.
H.
The most finished or decorative side of any fence placed, erected
or constructed on a lot shall face out from such lot toward the adjoining
properties.
I.
No fence shall be erected in a special flood hazard area, except
for farm fences, provided that it can be demonstrated that such fence
would not restrict the flow of floodwaters nor have any impact on
any buildings.
[Amended 6-25-2020 by L.L. No. 3-2020]
If the use of any lot or building involves the disposal of sewage
or wastewater and public sewers are not available, an adequate sanitary
disposal system for the same shall be installed in accordance with
regulations and standards promulgated by the New York State Department
of Health and/or New York State Department of Environmental Conservation
and at all times shall be maintained on such lot or in lawful connection
therewith. The minimum lot area otherwise required shall be increased
where necessary to the extent required to provide such disposal system.
Certification of approval for the installation of on-site sewage disposal
systems shall be obtained from the Town Engineer prior to site plan
approval.
Except for customary farm operations, no lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved individual sewage disposal systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of § 300-42 above, this provision shall not prohibit the storage of animal waste upon any farm.
Discharges from individual sewage disposal systems shall be
in accordance with approved plans and the procedures and standards
of the New York State Departments of Health and Environmental Conservation.
[Amended 9-13-2007 by L.L. No. 4-2007]
B.
Stormwater pollution prevention plans.
(1)
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this section and Chapter 255.
(2)
Contents of stormwater pollution prevention plans.
(a)
All SWPPPs shall provide the following background information
and erosion and sediment controls:
[1]
Background information about the scope of the project, including
location, type and size of project;
[2]
Site map/construction drawings for the project, including a
general location map. At a minimum, the site map should show the total
site area; all improvements; areas of disturbance; areas that will
not be disturbed; existing vegetation; on-site and adjacent off-site
surface waters; wetlands and drainage patterns that could be affected
by the construction activity; existing and final slopes; locations
of off-site material, waste, borrow or equipment storage areas; and
locations of the stormwater discharges;
[3]
Description of the soils present at the site;
[4]
Construction phasing plan describing the intended sequence of
construction activities, including clearing and grubbing, excavation
and grading, utility and infrastructure installation and any other
activity at the site that results in soil disturbance. Consistent
with the "New York Standards and Specifications for Erosion and Sediment
Control" (Erosion Control Manual), not more than five acres shall
be disturbed at any one time unless pursuant to an approved SWPPP;
[5]
Description of the pollution prevention measures that will be
used to control litter, construction chemicals and construction debris
from becoming a pollutant source in stormwater runoff;
[6]
Description of construction and waste materials expected to
be stored on site, with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill-prevention and response;
[7]
Temporary and permanent structural and vegetative measures to
be used for soil stabilization, runoff control and sediment control
for each stage of the project, from initial land clearing and grubbing
to project close-out;
[8]
A site map/construction drawings specifying the locations, sizes
and lengths of each erosion and sediment control practice;
[9]
Dimensions, material specifications and installation details
for all erosion and sediment control practices, including the siting
and sizing of any temporary sediment basins;
[10]
Temporary practices that will be converted to
permanent control measures;
[11]
Implementation schedule for staging temporary
erosion and sediment control practices, including the timing of initial
placement and duration that each practice should remain in place;
[12]
Maintenance schedule to ensure continuous and
effective operation of the erosion and sediment control practice;
[13]
Names of the receiving waters;
[14]
Delineation of SWPPP implementation responsibilities
for each part of the site;
[15]
Description of structural practices designed to
divert flows from exposed soils, store flows, or otherwise limit runoff
and the discharge of pollutants from exposed areas of the site to
the degree attainable; and
[16]
Any existing data that describes the stormwater
runoff at the site.
(b)
Land development activities, as defined in § 300-8, meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(2)(c) below as applicable:
[1]
Condition A: Stormwater runoff from land development activities
discharging a pollutant of concern to either an impaired water identified
on the Department's 303(d) list of impaired waters or a total maximum
daily load (TMDL) designated watershed for which pollutants in stormwater
have been identified as a source of the impairment.
[2]
Condition B: Stormwater runoff from land development activities
disturbing five or more acres.
[3]
Condition C: Stormwater runoff from land development activity
disturbing between one and five acres of land during the course of
the project, exclusive of the construction of single-family residences
and construction activities at agricultural properties.
(c)
SWPPP requirements for Conditions A, B and C:
[2]
Description of each post-construction stormwater management
practice;
[3]
Site map/construction drawings showing the specific locations
and sizes of each post-construction stormwater management practice;
[4]
Hydrologic and hydraulic analysis for all structural components
of the stormwater management system for the applicable design storms;
[5]
Comparison of post-development stormwater runoff conditions
with pre-development conditions;
[6]
Dimensions, material specifications and installation details
for each post-construction stormwater management practice;
[7]
Maintenance schedule to ensure continuous and effective operation
of each post-construction stormwater management practice;
[8]
Maintenance easements to ensure access to all stormwater management
practices at the site for the purpose of inspection and repair. Easements
shall be recorded on the plan and shall remain in effect with transfer
of title to the property;
[9]
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection D of this section;
[10]
For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this section and Chapter 255.
(3)
Other environmental permits. The applicant shall ensure that all
other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
(4)
Contractor certification.
(a)
Each contractor and subcontractor identified in the SWPPP who
will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
(b)
The certification must include the name and title of the person
providing the signature; address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
(c)
The certification statements shall become part of the SWPPP
for the land development activity.
(5)
A copy of the SWPPP shall be retained at the site of the land development
activity during construction from the date of initiation of construction
activities to the date of final stabilization.
C.
Performance and design criteria for stormwater management and erosion
and sediment control. All land development activities shall be subject
to the following performance and design criteria:
(1)
Technical standards. For the purpose of this section and Chapter 255, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section and Chapter 255:
(a)
The "New York State Stormwater Management Design Manual" (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the "Design Manual").
(b)
"New York Standards and Specifications for Erosion and Sediment
Control" (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the "Erosion Control Manual").
(2)
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection C(1), and the SWPPP shall be prepared by a licensed professional.
(3)
Water quality standards. Any land development activity shall not
cause an increase in turbidity that will result in substantial visible
contrast to natural conditions in surface waters of the State of New
York.
D.
Maintenance, inspection and repair of stormwater facilities.
(1)
Maintenance and inspection during construction.
(a)
The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section and Chapter 255. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(b)
For land development activities as defined in § 300-8 and meeting Condition A, B or C in Subsection B(2)(b), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(c)
The applicant or developer or his or her representative shall
be on site at all times when construction or grading activity takes
place and shall inspect and document the effectiveness of all erosion
and sediment control practices.
(2)
Maintenance easements. Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Macedon to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section and Chapter 255. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Macedon.
(3)
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section and Chapter 255 shall ensure they are operated and maintained to achieve the goals of this section and Chapter 255. Proper operation and maintenance also includes, as a minimum, the following:
(a)
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section and Chapter 255.
(b)
Written procedures for operation and maintenance and training
new maintenance personnel.
(4)
Maintenance agreements. The Town of Macedon shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B entitled "Sample Stormwater Control Facility Maintenance
Agreement."[1] The Town of Macedon, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and Chapter 255 and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: A copy of the sample stormwater control facility
maintenance agreement is on file in the Town offices.
Any structure which has been vacant or which has had utility
service disconnected for 12 consecutive months shall not be used for
any purpose without obtaining a new certificate of compliance.
A.
Any structure determined by the Fire Department to be completely
destroyed by fire shall require a new building permit before any reconstruction
is started. A new certificate of occupancy shall also be required.
B.
Any structure partially destroyed by fire shall be rebuilt in accordance
with this chapter and the following additional provisions:
(1)
No permit shall be required to restore/replace any portion of a structure
to its same condition prior to its being damaged.
(2)
Any change in a structure damaged by fire, including, but not limited
to, size of building, bearing walls, entranceways and building materials,
shall require a new building permit, and said reconstruction shall
meet or exceed the Uniform Code requirements and the provisions of
this chapter.
No more than one freestanding antenna and no more than one TV
satellite reception dish shall be permitted on any lot in any district.
Every single- or two-family dwelling unit (including duplexes)
built after the adoption of this chapter shall be constructed on a
lot with a garage, either attached or detached to the principal building,
large enough to house not less than one automobile per dwelling unit.
[Added 5-11-1995 by L.L.
No. 2-1995]
Except as specifically provided in § 300-191, no lot shall have upon it the outdoor storage of junk, more than one junk vehicle or the used parts of any vehicle.
[Added 5-11-1995 by L.L.
No. 2-1995]
All utilities shall be located underground.
[Added 5-11-1995 by L.L.
No. 2-1995]
