[Amended 4-21-2024 by L.L. No. 1-2025]
A. 
Intent. To provide areas within the Town for the excavation and/or quarrying of stone, sand, gravel, topsoil and other nonmetallic minerals (except fuel) on sufficient land areas while minimizing potential adverse impacts from such activities; to allow efficient use of said lands; and to establish minimum standards for the reclamation of lands excavated. An SGA Overlay District can be added to the Zoning Map by Town Board action or by application.
B. 
Applicability. No person shall conduct any mining or excavation activity of over 1,000 tons of minerals or 750 cubic yards in any 12-consecutive-calendar-month period, except:
(1) 
In a SGA Overlay created under this section and pursuant to the amendment procedure of § 400-74 of this chapter;
(2) 
With a special use permit granted pursuant to § 400-78 of this chapter;
(3) 
Within the A-R, LI, or GI District; and
(4) 
In accordance with an approved site plan pursuant to § 400-75 of this chapter.
C. 
General guidelines. This section regulates excavations as permitted and regulated by Chapter 163, Excavations, and including all amendments thereto; cement mixing and/or concrete products manufacturing; bituminous products manufacture if it incorporates the use of aggregates for paving purposes; sanitary landfill, subject to the special use permit process more fully described in this chapter; and stone crushing and/or washing operations. Each of the foregoing uses may only be conducted:
(1) 
In an SGA Overlay District.
(2) 
Upon issuance of a special use permit and site plan approval, and where required, of subdivision approval.
(3) 
Upon providing proof of issuance of all required federal and state permits.
D. 
Applications. Applications for rezoning to SGA Overlay District shall follow the procedures for special use permit and site plan approval set forth in §§ 400-78 and 400-75 of this chapter, and:
(1) 
Copies of the complete application for all required federal and state permits, and copies of such permits, if issued.
(2) 
A completed Full Environmental Assessment Form Part 1.
E. 
Overlay district effect.
(1) 
An SGA Overlay District may be added to the Zoning Map by Town Board action under § 400-74 or by application.
(2) 
The effect of placing an SGA Overlay District upon the Zoning Map is to supersede the regulations of the underlying zoning district.
F. 
Criteria for rezoning decision. In addition to the criteria for special use permit and site plan applications set forth in §§ 400-78 and 400-75, the following criteria shall be considered:
(1) 
An SGA Overlay shall not be placed over any lands zoned R, MF, MU, LC, or GC, nor shall it be placed over an Environmental Resource Protection Overlay District as established in this chapter.
(2) 
Rezoning must be consistent with the Town of Lancaster's Comprehensive Plan and all of its updates.
(3) 
Impacts to public infrastructure must be considered.
(4) 
Mining and excavation shall not be allowed on steep slopes (greater than 10%), wetlands, or other environmentally sensitive areas.
G. 
Excavation standards.
(1) 
All equipment used shall be constructed, maintained, and operated in such a manner as to eliminate, as far as practicable, noise, vibration, or dust which are injurious or annoying to persons living in the vicinity.
(2) 
No production is permitted from a hard rock open pit that would undercut the overhang; a sand or gravel pit side slope shall assume the normal slope of repose for the material being excavated.
(3) 
The Planning Board may require secure enclosure of the property to be rezoned.
(4) 
Whenever production has been abandoned for nine months, or completed, all buildings, structures (except fences), and equipment shall be entirely removed within one year of completion or abandonment.
(5) 
Reclamation plans shall be subject to the provisions for site plan review:
(a) 
Any existing operation covered by this section which has been closed down or abandoned shall within one year begin reclamation procedures.
(b) 
Any new permitted operations covered by this section shall file a reclamation plan for approval prior to commencement of any operations.
(c) 
All existing quarrying, mining or removal operations shall file a copy of the state-required permit within one year of passage of this chapter, and a reclamation plan for all areas covered by this chapter.
H. 
Fees. See Town Code, Chapter 258, Permit and Applications Fees. Reasonable fees shall be set and may be amended from time to time by the Town of Lancaster to process the SGA Overlay rezoning application (in addition to the standard rezoning fee, subdivision fee and site plan fee). This rezoning shall also be subject to an annual fee to pay for inspection of the site and to ensure compliance with standards and mitigation placed on the project for the duration of operation and reclamation activities.
[Amended 4-21-2024 by L.L. No. 1-2025]
A. 
Authority. This section of the Zoning Law is specifically authorized by §§ 261-b and 261-c of the New York Town Law.
B. 
Intent. The PUD Overlay District allows for the flexible arrangements of lots, structures and uses in a well-planned and coordinated design, in furtherance of the goals and policies set forth in the Town Comprehensive Plan, including mixed uses. This section allows for a review and approval process and, where deviations from the Zoning Law are requested as part of the design, requires the provision of amenities to the Town.
C. 
Where authorized. The PUD Overlay District may only be created over the R, MF, MU, and LC Zoning Districts.
D. 
Permitted principal and accessory uses/system of incentives.
(1) 
Buildings and land may be used for any lawful purpose permitted in the underlying zone, plus any other uses which the Town Board may authorize. Projects with mixed- use components are favored.
(2) 
All development restrictions, including but not limited to yard size, height restriction, building coverage, and lot size, shall be determined by the Town Board in the legislation rezoning the area. The Town Board may impose any conditions or limitations that it deems necessary or desirable to ensure that the development conforms with the Town Comprehensive Plan, including limiting the permitted uses, location and size of buildings and structures, providing for open space and recreational areas, requiring acoustical or visual screening, construction sequencing, and requiring bonds or other assurances of completion of any infrastructure to be built as part of the development.
(3) 
The Town Board hereby creates a system of incentives and amenities consistent with the goals of the Comprehensive Plan. Incentives in the form of deviations from restrictions in the Zoning Law are permitted, provided proportional amenities are provided to the Town that achieve the goals set forth in the Comprehensive Plan, including but not limited to open space preservation/protection, bike routes and trail improvements, walkability improvements, use of green infrastructure, parks improvements, improvements to municipal services, and any other amenity that meets a specific goal of the Comprehensive Plan. Cash in lieu of amenities is also acceptable where the funds are designated to achieve a specific goal of the Comprehensive Plan. Items that could, in their entirety, be required as mitigation through zoning conditions or SEQRA do not qualify as an amenity; rather, amenities are those things that the Town Board lacks the ability to impose as part of the approval process.
E. 
Application process.
(1) 
Application. A written application for rezoning to a PUD Overlay District, in accordance with the Town rezoning process requirements set forth in this chapter, shall be submitted to the Town along with 14 copies of a proposed site plan, site plan application, narrative, and completed full Environmental Assessment Form Part 1. Such application shall include, at minimum:
(a) 
A statement of purpose that includes how the proposed development meets the legislative purpose and intent of this chapter as well as the Town's Comprehensive Plan;
(b) 
A description of the amenities offered and how they qualify under the requirements of this section;
(c) 
Proposed use or uses;
(d) 
Lot, area and yard dimensions;
(e) 
Population and building densities together with floor area ratios;
(f) 
Building and architectural characteristics;
(g) 
Maximization of open space and recreational areas;
(h) 
Parking, internal traffic circulation, and external traffic impact information;
(i) 
Effect of the proposed development within the PUD Overlay District on adjacent properties, including property values;
(j) 
Effect of the proposed development on local taxation;
(k) 
Conceptual stormwater management;
(l) 
All additional requirements and data that may be required by the Planning Board or Town Board.
(m) 
If the project would require subdivision approval, then a subdivision application must also be submitted.
(2) 
Receipt and referral. Upon receipt, the Town Board shall refer the PUD Overlay District submission documents to the Planning Board for its advisory opinion. The Planning Board shall respond to the Town Board with a written report of its findings and recommendations within a time period established by the Town Board, to be not less than 30 days and not more than 90 days unless modified by mutual agreement of the Town Board and Planning Board.
(3) 
SEQR. SEQR shall be completed as required by law, with the Planning Board providing an advisory opinion to the lead agency.
(4) 
Review and discussion. Prior to any public hearing, the Town Board may meet informally with the applicant, the Planning Board or other interested parties to discuss the PUD Overlay District proposal.
(5) 
Public hearing. The Town Board shall hold a public hearing, after which and upon the consideration of the recommendations by the Planning Board and other agencies, it may vote on the application. The public hearing shall be noticed and published in the same manner as for special use permits.
(6) 
Adoption by Town Board.
(a) 
The PUD Overlay District regulations are effective on a specific site, and the Zoning Map is amended, upon adoption of an approval resolution by the Town Board. The approved PUD site plan and approving resolution shall constitute the zoning regulations for the particular PUD Overlay District at issue. The Town Board may attach to its decision any additional conditions or requirements it feels are necessary to fully protect the public health, safety and welfare of the community. Any conditions imposed by the Town Board shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of the area.
(b) 
The decision shall include specific uses, minimum area, and geometric controls to be maintained in the PUD Overlay District or in designated subareas and may stipulate project phasing and a timetable of Planning Board review.
(c) 
The decision shall also contain an analysis of the deviations from the Zoning Law (incentives) together with the proposed amenities. The Town Board shall consider the proportionality of the amenities and whether they meet the requirements of this section.
(7) 
Limitations on approval. Within one year after the approval of a final development plan, or at such other time as may be established by the Town Board, construction of the improvements within the PUD Overlay District shall commence. Failure to comply with this provision without an extension granted by the Town Board prior to expiration shall automatically render void the final development plan approval and all permits based on such approvals.
F. 
Criteria for rezoning decision.
(1) 
Design regulations.
(a) 
Minimum area. No PUD Overlay District shall have a gross land area of less than 10 acres, exclusive of existing public rights-of-way. Deviations from this requirement are permitted provided the applicant provides a compelling rationale for use of the PUD Overlay on a smaller area.
(b) 
Adding area. Upon application by an applicant or its successor to the Town Board, an established PUD Overlay District may be enlarged to include other contiguous areas of any size. Such areas, if separated by a public right-of-way, may be considered contiguous if, in the opinion of the Town Board, the continuity of the original PUD District is maintained or enhanced.
(2) 
Dimensional controls. The following controls shall apply unless specifically modified by the Town Board during the initial establishment of the PUD Overlay District:
(a) 
Distance between buildings on one lot.
[1] 
Residential or mixed use. Front, rear and side yards shall be designed so that a building is no closer than 20 feet to any other residential building and 50 feet to any nonresidential building.
[2] 
Nonresidential use. Front, rear and side yards shall be designed so that a building is no closer than 30 feet to any other nonresidential building and 50 feet to any residential building.
[3] 
Accessory structures shall be no closer than 10 feet to their principal structure and no closer than 20 feet to any other principal structure, and five feet to any other accessory structure.
(b) 
The minimum distance between any point on a principal building and the lot line shall not be less 10 feet.
(c) 
Unless the Town Board has established a minimum density pursuant to the procedures in this section, all residential development shall provide an average density of 4,500 square feet per dwelling unit. Commercial and industrial uses shall maintain an average minimum density of 20,000 square feet per building.
(d) 
Maximum lot coverage for all development within a PUD District shall not exceed 35% of the gross land area.
(e) 
The maximum height of all principal structures shall not exceed 30 feet for residential buildings and 40 feet for commercial or industrial buildings. Accessory structures shall not exceed 15 feet.
(f) 
The parking and loading provisions of this chapter shall apply unless modified by the Town Board. Shared parking and storage may be included in the calculation of overall parking compliance.
(g) 
Unless modified by the Town Board when establishing the PUD Overlay District, the supplementary regulations and site plan standards of this chapter shall apply.
(3) 
Other criteria. Approval is subject to finding that the PUD Overlay District shall:
(a) 
Be compatible with the purposes of the zoning district in which the proposed use and development is to be located;
(b) 
Be consistent with adopted objectives and policies of the Town of Lancaster Comprehensive Plan;
(c) 
Be compatible with and offer adequate protection of surrounding property;
(d) 
Ensure that the proposed development is served adequately and efficiently by essential public facilities and services which are in existence or are planned;
(e) 
Adequately conserve significant unique or sensitive natural resources that may exist on or near the site, including but not limited to groundwater, floodplains, wetlands, streams, steep slopes, woodlands, and wildlife habitat.
(f) 
Protect rural character and scenic views from public locations;
(g) 
Ensure that farms, agri-businesses, and prime agricultural lands are adequately conserved to retain farming as an economic activity in the Town.
(h) 
Be of such innovative design that it warrants rezoning;
(i) 
Have sufficient and proper amenities as provided for in this section;
(j) 
Include a proposed pedestrian and vehicular circulation system;
(k) 
Provide for adequate visual and acoustical privacy;
(l) 
Enhance landscaping, and provide for deeper buffers and increased planting along public rights-of-way, open space/recreational areas, and the overall perimeter of the project.
(m) 
Provide traffic mitigation measures, such as separation of vehicular, pedestrian, and/or bicycle traffic lanes, internal traffic patterns, connections to adjacent properties/interconnectivity, and other methods.
(n) 
Preserve open space, natural and cultural areas and include an appropriate amount of, and appropriate access to, dedicated open space.
(o) 
Be placed on the most suitable sites with consideration of topography, soils, vegetation, slope, etc. and shall reduce erosion and sedimentation.
G. 
Fees.
(1) 
See Town Code, Chapter 258, Permit and Application Fees. A nonrefundable application fee as determined by the Town Board shall be paid to the Town of Lancaster upon each application.
(2) 
The applicant shall reimburse the Town for all engineering and other professional fees incurred in review of the development project. The Town Board shall require the applicant to place an amount equal to the estimated cost of such professional fees in escrow held by the Town prior to the Town incurring any professional costs and may require the applicant to place additional funds in escrow should the initial funds fall below an established threshold.
A. 
Purpose and intent. The purpose of this section is to provide special controls for development in significant sensitive environmental areas within the Town of Lancaster, as determined by the Town Board. These regulations are superimposed over general zoning district provisions and should be considered as additional requirements to be met by the applicant or developer prior to project approval. These regulations are in addition to the requirements for floodplain development contained in Town Code, Chapter 182, Flood Damage Prevention, as well as any wetlands regulations and permit requirements promulgated by the federal or state government.
B. 
Establishment of districts. Upon the recommendation of the Planning Board, the Town Board may protect significant environmental resources by rezoning areas that contain known areas of wetlands, creeks and streams, and steep slopes, as shown on the Environmental Resources Map, as Environmental Resource Protection Overlay Districts (ERPOD), as follows:
(1) 
ERPOD-1: Wetlands Protection District.
(2) 
ERPOD-2: Watercourse Protection District.
(3) 
ERPOD-3: Steep Slopes Protection District.
(4) 
ERPOD-4: Woodlot Protection District.
C. 
Application and review procedure.
(1) 
Proposed development on properties located wholly or partially within an ERPOD shall be reviewed by the Planning Board as part of the subdivision or site plan review processes (see § 400-38, Subdivision, and § 400-75, Site plan review, as applicable).
(a) 
The Planning Board may recommend such conditions as it deems necessary to ensure the preservation and protection of the ERPOD resource and areas and compliance with the policies and provisions of this section.
(b) 
The Town Board may refer the application for comment and recommendations to the Town Engineer or any other appropriate department or agency.
(c) 
The following shall be required by the Planning Board in addition to the requirements set forth in § 400-75, Site plan review:
[1] 
In ERPOD-1, Wetlands Protection District, no development shall be permitted within the 100-foot check or buffer zone for identified state wetland areas, or within 400 feet of identified federal wetland areas. Where necessary, the provision of soils maps and up-to-date wetland delineations, as verified by applicable state and federal agencies, shall be utilized to confirm the presence of these areas on any site proposed for development.
[2] 
In ERPOD-2, Watercourse Protection District, maintaining vegetation and natural conditions along the shoreline of major creeks and streams helps control flooding, provides habitat for local fauna, and prevents shoreline erosion. A fifty-foot riparian buffer area will be established from the top of the bank of any major creek or stream in the Town, and a twenty-five-foot buffer will be established from smaller tributaries, as shown on the Environmental Resources Map.
[3] 
In ERPOD-3, Steep Slopes Protection District, maintaining natural slopes and keeping development located at a safe distance from such hazardous areas is in keeping with the general protection of public health and safety. A 400-foot setback shall be established from the top of any steep slope, as identified on the Environmental Resources Map. Where required, site topography maps shall be utilized to determine the location and extent of steep slopes on any property proposed for development.
[4] 
In ERPOD-4, Woodlot Protection District, the preservation of large stands of trees protects wildlife habitat and water quality, reduces stormwater runoff and maintains corridors for the safe movement of wildlife. Site development shall be designed to avoid large areas of woodland forest. No clear-cutting is permitted in properties over 1/4 acre in size. All trees over six inches, as measured at breast height diameter, shall be preserved. To determine the extent of wooded areas on properties proposed for development, aerial photography shall be used, unless a tree survey is required by the Planning Board. When required, a tree survey shall be prepared by a professional arborist, forester or landscaper that indicates the size, species, and location of all trees that could be affected by site development. The proposed development plan shall be superimposed over an aerial image of the site to determine a site layout that will have the least impact on woodland resources. The extent of wooded areas to be preserved shall extend 25 feet beyond the dripline (the outermost extent of a tree's branches) of all trees located nearest to the exterior boundary of the woodlot.
(d) 
The Town Code Enforcement Officer and/or other designated Town official shall have the right to periodically inspect the project to ensure compliance with the requirements of this section.
(2) 
When evaluating an application for development within an ERPOD, the Planning Board shall consider:
(a) 
Protection of environmentally sensitive areas, as outlined in this section.
(b) 
Open space/natural resource protection.
(c) 
Protection of trees and wildlife habitat.
(d) 
Opportunities for public access.
(e) 
Creation and maintenance of visual buffers and screens.
(3) 
Exemptions. Certain activities are exempt from ERPOD regulation, subject to a determination by the Town Board that such activities involve necessary normal maintenance and upkeep of property and/or involve public health, safety or emergency situations, such as:
(a) 
Lawn and tree care and maintenance.
(b) 
Removal, repair, or maintenance of structures.
(c) 
Repair and maintenance of septic systems, sewage facilities, or utility lines.
(d) 
Agricultural activities, except structural activities.
(e) 
Activities required by state or federal government agencies.
(f) 
Any emergency activity which is immediately necessary for the protection and preservation of life, property or natural resource values.
A. 
Chapter 45 of the Code, adopted by the Town Board in 2008 and entitled "Transit Road Access Management," and all amendments thereof and supplemental thereto, is hereby repealed and replaced with this § 400-27.
B. 
Purpose. The regulations established by this overlay district are intended to assure the safe and efficient operation of state highways by establishing development and subdivision requirements applicable to properties within this district and, thereby, to:
(1) 
Provide for the full reasonable development of all properties served by traffic using state highways according to the Zoning Law.
(2) 
Preserve the health and welfare of the general population of the Town and such others who use or are affected by the operations of state highways.
(3) 
Minimize the public expenditures which might otherwise stem from poorly managed or coordinated development of properties fronting on or obtaining access from state highways.
(4) 
Promote the efficient flow of traffic and enhance public safety by reducing conflicting traffic movement.
(5) 
Preserve public investment in new and existing public improvement expenditures.
(6) 
Implement the policies and recommendations of the Town of Lancaster Comprehensive Plan and the recommendations of the Transit Road Corridor Management Study (June 2004) and the ongoing Lancaster Traffic Study.
C. 
AMOD boundary.
(1) 
The requirements set out in this overlay district shall apply to properties with frontage on Transit Road, Genesee Street, Walden Avenue, and Broadway, and to properties obtaining access from or through properties on these roadways for their entire length in the Town of Lancaster, except those properties located within the Village of Depew.
(2) 
The requirements of this overlay district shall also apply to properties obtaining access from any road intersecting Transit Road, Genesee Street, Walden Avenue, or Broadway for a distance within 600 feet from the intersection with these roadways.
D. 
Applicability; conformance requirements.
(1) 
All subdivisions of land receiving preliminary approval after the date of adoption of this overlay district and all lots created by such subdivisions shall conform to the maximum extent practicable with the requirements and objectives of this overlay district.
(2) 
Any construction, alteration, or change of use on a lot existing prior to the date of adoption of this overlay district which requires site plan approval shall demonstrate conformance to the maximum extent practicable with the requirements and objectives of this overlay district.
E. 
Relationship to other Town requirements. The regulations contained within the AMOD are not intended to supersede the existing requirements in each underlying zoning district but are to be superimposed over such district provisions and should be considered as additional requirements to be met by each applicant prior to final site plan or subdivision approval.
F. 
Administration; enforcement; public hearings.
(1) 
The Town Board, the Code Enforcement Officer, the Town Engineer, or other designee shall administer and enforce the provisions of the overlay district.
(2) 
Notification procedures for public hearings on zoning changes, special use permits, variances, site plan reviews or subdivision reviews within the AMOD boundaries shall follow the most recent provisions of General Municipal Law as applicable, including notification of adjoining communities and the county under §§ 239-m and 239-nn.
G. 
Definitions. The terms used in this section shall have the meanings indicated in Article III, Terminology.
H. 
General requirements.
(1) 
Agency standards; deviations.
(a) 
Access and circulation shown on subdivision and site plans developed under this overlay district shall also conform to the requirements of other federal, state, and local agencies. This includes but is not limited to transportation agency standards for stopping and intersection sight distances and signal warrants.
(b) 
Deviations from the standards outlined in this overlay district must be based on documentation from a qualified traffic engineer that an alternative access arrangement provides equal or greater safety and mobility, and comparable or lower adverse environmental impacts. All such deviations must be requested and evaluated in accordance with the procedures and requirements for obtaining an area variance, except that justification for deviations from the standards outlined in this overlay district may not be based on self-created conditions.
(2) 
Access connections. Parcels created after the effective date of the overlay district do not have the right of individual access to public streets. The number of access connections is to be the minimum necessary to provide safe and reasonable access. This may be less than the number of access connections which would be allowed based solely on minimum property width requirements.
(3) 
Direct access; easements. New public or private streets, shared driveways or cross access may be necessary to meet the requirements of this overlay district. If access is to be provided by means other than direct access to a public street, a permanent recorded easement which runs with the land shall be executed. In addition, operating and maintenance agreements for all such means of access shall be recorded with the deed. The easement shall not be modified without approval of the jurisdictional board or department.
(4) 
Access limitations. Parcels with frontage on more than one street may be limited to one access connection to the lowest class of street, as established in the Comprehensive Plan, serving the proposed development.
(5) 
Trip-generation determinations. Where trip-generation projections are required to determine standards to be applied through this overlay district, they shall be based upon the most recent methods published by the ITE and/or local conditions as verified by the GBNRTC.
(6) 
Waivers; variances.
(a) 
Any applicant for access approval under the provisions of this Subsection H (or Subsection I) may apply for a waiver of standards if the applicant cannot meet one or more of the standards according to the procedures provided below:
[1] 
For waivers on properties involving land uses with less than 300 vehicle trips per day based on rates published in the Trip Generation Manual of the ITE: Where the standards in this Subsection H (or Subsection I) cannot be met, suitable alternatives documented by a registered traffic engineer and substantially achieving the intent of this Subsection H (or Subsection I) may be accepted by the Town Board, provided that all of the following apply:
[a] 
The use has insufficient size to meet the dimensional standards.
[b] 
Adjacent development renders adherence to these standards not economically feasible.
[c] 
There is no other reasonable access due to topographic or other considerations.
[d] 
The standards in this Subsection H (or Subsection I) shall be applied to the maximum extent practicable.
[2] 
For waivers on properties involving land uses with more than 300 vehicle trips per day based on rates published in the Trip Generation Manual of the ITE: During site plan review, the Town Board shall have the authority to waive or otherwise modify the standards following an analysis of suitable alternatives documented by a registered traffic engineer and the GBNRTC substantially achieving the intent of this Subsection H (or Subsection I), provided all of the following apply:
[a] 
Access via a shared driveway or front or rear service drive is not possible due to the presence of existing buildings or topographic conditions.
[b] 
Roadway improvements (such as the addition of a traffic signal, a center turn lane or bypass lane) will be made to improve overall traffic operations prior to project completion or occupancy of the building.
[c] 
The use involves the redesign of an existing development or a new use which will generate less traffic than the previous use.
[d] 
The proposed location and design is supported by the ECDPW Division of Highway or the NYSDOT, as applicable, as an acceptable design under the circumstances.
(b) 
Variance standards. The following standards shall apply when the Town Board considers a request for a variance from the standards of this article:
[1] 
The granting of a variance shall not be considered until a waiver under Subsection H(6)(a) or a temporary access permit under Subsection H(6)(c) has been considered and rejected.
[2] 
Applicants for a variance must provide proof of practical difficulties unique to the parcel (such as wetlands, a preexisting odd parcel shape, or narrow frontage) or that make strict application of the provisions of this Subsection H (or Subsection I) impractical. This shall include proof that:
[a] 
Indirect or restricted access cannot be obtained;
[b] 
No reasonable engineering or constriction solution can be applied to mitigate the condition;
[c] 
No reasonable alternative access is available from a road with a lower functional classification than the primary road; and
[d] 
Without the variance, there is no reasonable access to the site.
[3] 
The Town Board shall make a finding that the applicant for a variance met their burden of proof under Subsection H(6)(b)(2) above, that a variance is consistent with the intent and purpose of this section and is the minimum necessary to provide reasonable access.
[4] 
Under no circumstances shall a variance be granted unless not granting the variance would deny all reasonable access, endanger public health, welfare or safety, or cause an unnecessary hardship on the applicant. No variance shall be granted where such hardship is self-created.
(c) 
Temporary access; site-plan approvals; access modifications.
[1] 
The Town Board may grant temporary access and require modification and/or replacement of such access subject to the following:
[a] 
The required access modification or replacement shall be identified and incorporated in the site plan approval. These modifications or replacements might include those elements identified in Subsection I(1), Access alternatives.
[b] 
The event(s) or condition(s) which would trigger the requirement for such access modification or replacement shall be identified and incorporated in the site plan approval. These might include, but are not limited to, development of an abutting property, the construction of access roads, reconstruction or improvements to roadways within the AMOD, or significant deterioration of traffic conditions or safety within the district.
[2] 
The applicant shall be responsible for such required access modification or replacement, subject to a determination by the Town Board that the costs of the required access modification or replacement should be shared.
[3] 
Covenants necessary to secure the ability to make such required access modifications or replacements, such as easements, shall be identified and established by the Town Board and conveyed to the Town and/or incorporated to the property deed to run with the land.
I. 
Specific access requirements.
(1) 
Access alternatives. The Town Board may, in consultation with the Town Engineer, determine that a full-service access connection to Transit Road will create unsafe conditions or will detrimentally impact traffic operations on Transit Road and require alternative access arrangements, including but not limited to the following:
(a) 
Reverse access to an access or development road with no connection to Transit Road;
(b) 
Construction of a driveway to be shared with an abutting property or properties;
(c) 
The interconnection of parking areas;
(d) 
The establishment of paired access connections, each serving entering or exiting traffic only; and
(e) 
The imposition of turn restrictions, generally restricting driveways to right turns in and/or right turns out only.
(2) 
Driveway spacing and location standards.
(a) 
Minimum recommended spacing between driveways on the same side of roadways within the AMOD are as follows:
[1] 
For developments generating fewer than 150 peak-hour trips, the minimum driveway spacing is 300 feet;
[2] 
For developments generating between 150 and 300 peak-hour trips, the minimum driveway spacing shall be 450 feet;
[3] 
For developments generating over 300 peak-hour trips, the minimum driveway spacing shall be 600 feet.
(b) 
Driveway spacing is to be measured from the center line of each driveway.
(c) 
Access connections on opposite sides of the street not separated by a restrictive median shall be aligned or offset so as to reduce left-turn-overlap conflicts between vehicles traveling in the opposite direction.
(d) 
On the advice of the Town Engineer, the Town Board may adjust the required driveway spacing standard based on the volume of site-generated traffic, the impact of site-generated traffic on the operation of the adjacent street, or posted or operational speeds in the vicinity of the proposed site.
(e) 
The Town Board, as part of site plan review, will evaluate how proposed driveway location impacts opportunities to develop abutting properties. At a minimum, such evaluation shall identify any sight distance and alignment/offset constraints and indicate whether compliance with the recommended spacing standards is practicable for abutting properties based on the applicant's proposed driveway location.
(3) 
Corner clearance.
(a) 
Driveways for corner parcels shall be located outside of the functional area of the intersection or no closer than 220 feet from the intersection, whichever is greater.
(b) 
If parcel boundaries or topography preclude the location of a driveway at or more than the minimum corner clearance spacing, access may be limited to right turns in and right turns out, as determined by the Town Engineer, and the driveway shall generally be located as far from the intersection as possible and in the safest possible location.
(c) 
On the advice of the Town Engineer, the Town Board may increase the required corner clearance spacing standard based on traffic volumes, the impact of site-generated traffic on the operation of the adjacent street, or posted or operational speeds in the vicinity of the proposed site.
(d) 
Corner clearance is to be measured along the street right-of-way from the center line of the driveway pavement to the closest edge of the existing or proposed street pavement.
(4) 
Clearance zone.
(a) 
A clearance zone of 50 feet measured from the center line of roadways within the AMOD shall be required for all properties with frontage on such roadways and for all properties with frontage on roads intersecting such roadways for a distance of 300 feet from such intersection.
(b) 
No permanent structure or use, including parking or other appurtenances serving traffic, holding ponds, septic systems, or any other use which by its removal or relocation would render the property economically unusable, in conflict with other federal, state or local requirements, or which would substantially diminish the value of the property, shall be allowed within the clearance zone.
(c) 
Utilities, lighting, drainage, and pedestrian and bicycle facilities may be located within the clearance zone.
(5) 
Street and signal spacing along roadways within the AMOD. Intersection and signal spacing standards shall be applied, as development occurs, to preserve desirable location and alignment of streets to serve future growth and provide an efficient local transportation system.
(a) 
The following intersection and signal spacing standards shall apply:
[1] 
The minimum through street (four-way) intersection spacing shall be 1,320 feet.
[2] 
The minimum side street (three-way) intersection spacing shall be 660 feet.
[3] 
The minimum spacing between signalized intersections shall be 1,320 feet.
(b) 
Intersection and signal spacing standards shall be measured from the center line of each intersecting road or signalized connection to the center line of the next intersecting road or signalized connection.
(c) 
Intersection and signal spacing standard recommendations shall be applied or amended under advisement of the Town Engineer, the NYSDOT and/or the ECDPW, in accordance with Subsection M, Modification of Standards.
(6) 
Driveways to developments requiring traffic signals. In order to promote the rational development of the local transportation system, to minimize public cost for necessary improvements in the future, and to maintain the safe and efficient operation of this system, the Town Board may require that:
(a) 
Driveways to developments requiring a traffic signal are to be located so as to serve an opposing road or driveway.
(b) 
The driveway connection to the signal is accessible by abutting properties, including through properties or roads where possible. The Town Board may require an easement to be provided to the Town from the driveway to abutting properties if the abutting properties or a local road may be developed in the future.
(c) 
The driveway connection to the signal shall be designed to local road standards and when connected to abutting properties or through roads, an easement for the driveway shall be provided to the Town on the determination of the Town Board.
(7) 
Special requirements.
(a) 
Design of driveways and internal circulation.
[1] 
Driveways and on-site circulation shall be designed so as to provide for the safe and efficient movement of traffic between the roadway and the site, and to eliminate the potential for the queuing of vehicles along the roadway due to congestion in or at the driveway.
[2] 
Driveway location, width, radii, flare, throat length, and other elements of the circulation system for developments generating more than 150 peak-hour trips shall be based upon consultation with qualified traffic, engineering and design professionals. The applicant shall reimburse the Planning Board for all such professional fees incurred in review of the project. The Planning Board may require the applicant to place an amount equal to the estimated cost of such professional fees in escrow held by the Town prior to the Town incurring any professional costs and may require the applicant to place additional funds in escrow should the initial funds fall below an established threshold.
(b) 
Shared access. Shared access is strongly encouraged and in some cases may be required. When required, one or more of the following options and the standards of Subsection I(1) apply.
[1] 
Shared driveways. Sharing or joint use of a driveway by two or more property owners shall be encouraged. In cases where access is restricted by the spacing requirements of Subsection I(2), Driveway spacing and location standards, a shared driveway may be the only access design allowed. The shared driveway shall be constructed along the midpoint between the two properties unless a written easement is provided which allows traffic to travel across one parcel to access another and/or access the public street.
[2] 
Frontage roads. In cases where a frontage road exists, is recommended in either a traffic impact study, the Comprehensive Plan, or a GBNRTC traffic study, and/or is proposed in an approved site plan for an adjoining lot or parcel, access shall be provided via such frontage road, rather than by direct connection to the abutting AMOD roadway.
[3] 
Rear-service drives. Rear-service drives shall be encouraged, especially for locations where connection to a side street is available. In addition to access along the rear-service drive, direct connection(s) to the AMOD roadway may be allowed, provided that the driveways meet the requirements of Subsection I(1), Access alternatives, and Subsection I(2), Driveway spacing and location standards.
(c) 
Parking lot connections. Where a proposed parking lot is adjacent to an existing parking lot of a similar use, there shall be a vehicular connection between the two parking lots where physically feasible, as determined by the Town Board. For developments adjacent to vacant properties, the site shall be designed to provide for a future connection. A written access easement signed by both landowners shall be presented as evidence of the parking lot connection prior to the issuance of any final zoning approval.
J. 
Other requirements.
(1) 
Landscaping.
(a) 
Cultivation. No person may cultivate, plant, harvest, or maintain agricultural crops, trees, bushes, or shrubs within the clearance zone.
(b) 
Landscaping. No person may cultivate, plant, or maintain grasses, flowers, vegetables, or other vegetation in any manner that obstructs visibility of a road or otherwise interferes with, obstructs, or renders dangerous for passage of the clearance zone.
(2) 
Obstructions; junk.
(a) 
Obstructions. No person may place, maintain, or allow any obstructions in the clearance zone other than those specifically permitted by this overlay district, by state law or rule, or by written approval of the Town Board. Items prohibited by this section include, but are not limited to, fences, posts, structures, piled materials, hay bales, vehicles, trailers, campers, equipment, or any other items that interfere with the safe use or the maintenance of the clearance zone. No person shall park a functioning vehicle in the clearance zone in such a way as to unreasonably interfere with safe use of the road or the maintenance of the clearance zone.
(b) 
Junk. No person shall place or maintain junk in the clearance zone.
(3) 
Alteration of grade. No person may alter or change the depth or contour of any portion of any ditch or embankment in the clearance zone without written approval of the Town Board.
(4) 
Mailboxes; signs; newspaper boxes.
(a) 
Mailboxes. Mailboxes are permitted in the clearance zone if they do not interfere with, obstruct, or render dangerous passage for the road. Mailboxes placed within the clearance zone must comply with all state standards. The Town Board may remove and replace mailboxes at the owner's expense that do not comply with state standards.
(b) 
Signs. No sign of any nature may be placed or is allowed to remain in the clearance zone except an official traffic sign placed by a governmental authority or other signage expressly permitted by state law.
(c) 
Newspaper boxes. No person shall place or maintain a newspaper box in the clearance zone.
(5) 
Approaches; headwalls; culverts.
(a) 
Approaches. No person may construct or reconstruct any approach without first obtaining approval from the Town Board. A person may be required to submit a map or drawing of the existing or proposed approach when seeking approval. If approved, the person constructing or reconstructing the approach is responsible for paying all the costs related thereto.
(b) 
Headwalls. No person may construct or reconstruct a headwall in a way that interferes with safe use or maintenance of the clearance zone.
(c) 
Culverts. A person constructing or reconstructing an approach may be required to install a culvert, meeting NYSDOT specification, if the Town Board determines a culvert is necessary for suitable approach to the road and to promote adequate drainage of the clearance zone.
(6) 
Utility service providers. No utility service provider may install or relocate any utility without first obtaining approval from the Town Board. A utility service provider may be required to submit a map or drawing of the existing or proposed installation or relocation when seeking approval. If approved, the utility service provider installing or relocating its facility is responsible for paying all the costs related thereto.
(7) 
Permission, limitations. Any person receiving permission or permits as provided in this overlay district must comply with all applicable federal, state, and local laws and rules as well as all applicable Town ordinances, resolutions, specifications, regulations, and policies. Any person receiving permission or permits must comply with all conditions, requirements, and limitations of the Town Board expressed as part of the permission or permit. Failure to comply with any condition, requirement, or limitation shall void the permission or permit and could place the person in violation of these overlay district regulations.
K. 
Nonconforming and preexisting access.
(1) 
Conditions.
(a) 
Access connections in place prior to the effective date of this overlay district which do not conform to the requirements of this overlay district shall be treated as preexisting nonconforming access features as long as there is no physical change in the access, change in the land use served by the access, or intensification of the land use served by the access, and subject to the following.
(b) 
The feasibility of bringing nonconforming access connections into compliance with the minimum driveway spacing requirements of Subsection I(2), Driveway spacing and location standards, of this overlay district shall be evaluated under the following conditions:
[1] 
When a new driveway access permit is requested;
[2] 
When proposed changes increase the peak-hour-site generated traffic by 50 or more peak-hour trips;
[3] 
In conjunction with state or county improvement projects; or
[4] 
When it can be demonstrated that the number, location and design of access to the parcel are related to accidents along roadways within the AMOD or on the parcel.
(2) 
Improvement alternatives. If the minimum driveway spacing requirements of Subsection I(2) cannot be met, alternative improvements to access may be evaluated at the direction of the Town Board in consultation with the Town Engineer. These may include the following:
(a) 
Elimination and/or consolidation of access connections.
(b) 
Realignment or relocation of access connections.
(c) 
Provision of shared driveways or cross-access connections.
(d) 
Provision of rear access.
(e) 
Restriction of vehicle turning movements.
(f) 
Changes in the design and layout of the access connection(s) and on-site parking and circulation.
(g) 
Traffic demand management.
(3) 
Feasibility evaluations. The objective of the feasibility evaluation is to identify and make recommendations to improve the operational and safety characteristics of access by bringing the number, location, spacing, and design of access connections into closer conformance with the requirements of this overlay district.
(4) 
Implementation. The Town Board can require implementation of access changes that will improve traffic operations, safety, or overall access.
L. 
Required mitigation of traffic impacts.
(1) 
Action level. Any proposed development or subdivision projected to generate more than 150 peak-hour trips may be required to mitigate the traffic impacts of such new development or subdivision. Required mitigation shall be recommended by a qualified traffic engineer, licensed in New York State, regularly practicing in the area of traffic engineering. Final mitigation shall be based on a comprehensive traffic study completed in accordance with the procedures of the State Environmental Quality Review Act (SEQRA).
(2) 
Required mitigation. Required mitigation may include but shall not be limited to the installation of signals, turning lanes, medians, the use of shared driveways, cross access, or the construction of access or development streets, and/or other traffic demand management strategies.
(3) 
Phased mitigation. Phased mitigation may be allowed where phased development is proposed.
M. 
Modification of standards.
(1) 
Spacing standards.
(a) 
Deviations up to 100 feet may be authorized by the Town Board where a property is unable to meet the minimum access connection spacing standards and where the deviation will not cause a safety problem.
(b) 
The Town Board may also approve a second access connection for a parcel under single ownership where, due to restrictions caused by topography or natural features such as a river or channel, the parcel is effectively split for purposes of use into two separate and nonconnected land areas that cannot be reasonably connected internally for access purposes.
(c) 
Deviations up to 150 feet may be authorized by the Town Board for intersection and signal spacing standards.
(2) 
Approval conditions. The Town Board may attach conditions to an approval of a request as deemed necessary to promote the spirit and intent of this overlay district, including but not limited to:
(a) 
The access may be approved as an interim access to be phased out at a future time.
(b) 
Certain turning movements to and from the access may be restricted at the time of construction or at a future date, based on existing or anticipated traffic volumes.
(c) 
The access may be required to serve existing or future adjacent property by means of a shared entrance or cross-access easement.
(d) 
Other conditions based on the conclusions and recommendations of a traffic impact study, GBNRTC review or review by the Town Engineer.
N. 
Enforcement and penalty.
(1) 
Unlawful acts; corrections and penalty.
(a) 
An access connection to roadways within the AMOD constructed or established after the effective date of this overlay district without an approved access permit or in violation of an approved access permit shall be considered illegal. The Town Board may order discontinuance of its use and may order its removal. The party responsible for installing an illegal access shall be responsible for all costs, including any costs borne by the Town of Lancaster associated with closure of the access, the removal of the access connection and restoration of the ditch or highway area to its previous condition.
[1] 
Correction order. Upon discovery of a violation of this overlay district, the Town Board may issue a correction order to the violator ordering the person to correct the violation by a specified date and time. If the violator fails to comply with the correction order by the time indicated in the order, the Town Board may provide for the correction of the violation. Issuance of a correction order does not preclude imposition of the penalty set forth in this overlay district.
[2] 
Immediate correction. If the Town Board determines that the violation creates an immediate threat to public safety, the Town Board will make a good faith effort to notify the violator to immediately correct the situation. If the Town Board is not able to promptly reach the violator, or if the violator fails to immediately correct the situation upon notification, the Town Board will provide for the correction of the violation.
[3] 
Cost of correction. The cost of correcting a violation shall be the responsibility of the violator. If the Town Board provides for the correction of the violation, all expenses incurred, including reasonable attorney's fees, shall be billed to the violator. If the bill is not paid by the due date, the Town Board may exercise any of its options available under applicable law to collect the amount due.
(b) 
Penalty. Any person who violates the provisions of this overlay district shall be guilty of a misdemeanor and subject to the penalties for such as provided in state law. Each day of existence of such violation shall constitute a separate offense.