A.
Intent. Off-street parking, loading and stacking requirements and
regulations are established in order to achieve the following purposes:
(1)
To relieve congestion so that streets can be utilized more fully
for movement of vehicular traffic.
(2)
To promote the safety and convenience of pedestrians and shoppers
by locating parking areas so as to lessen car movements in the vicinity
of intensive pedestrian traffic.
(3)
To protect adjoining residential neighborhoods from on-street parking.
(4)
To promote the general convenience, welfare and prosperity of business,
service, research, production and manufacturing developments which
depend upon off-street parking facilities.
(5)
To ensure that parking facilities are designed with careful regard
to orderly arrangement, topography, landscaping, ease of access and
development as an integral part of an overall site design.
(6)
To provide regulations and standards for the development of off-street
parking, loading and stacking facilities in accordance with the objectives
of the Town's Comprehensive Plan.
B.
Scope of regulations. Off-street parking, loading and stacking facilities
shall be provided as a condition precedent to occupancy of all buildings:
(1)
Whenever a new building is constructed or new use established.
(2)
Whenever an existing building is altered and there is an increase
in the number of building units, seating capacity or floor area of
the building.
(3)
Whenever an existing building is changed to a more intensive use
requiring more off-street parking, loading or stacking facilities.
C.
Continuation of facilities. Off-street parking, loading and stacking
facilities in existence on the effective date of this chapter shall
be continued and maintained in operation and shall not be reduced
below the requirements of this chapter during the period that the
principal use is maintained, unless an equivalent number of spaces
shall be provided for said use in another location approved by the
Building Inspector.
D.
Units of measurement.
(1)
Employees. Whenever parking requirements are based on the number
of employees, "employees" shall mean the maximum number of employees
on duty on the premises at one time or any two successive shifts,
whichever is greater.
(2)
Net floor area. The total floor area less permanent concourses, stair
halls, lobbies, elevator shafts, areas permanently devoted to warehousing
and rooms housing equipment servicing the entire building.
(3)
Fractional requirements. When units of measurement used in computing
the number of required off-street parking, loading and stacking spaces
result in the requirement of a fractional space, the nearest whole
number of off-street parking spaces shall be required.
(4)
Gross floor area. The total floor area of a building. Where the basement
or cellar is not used for any activity, that area shall not be counted.
(5)
Seating capacity. The number of seating units installed or indicated
on plans. Seating capacity shall not be less than one unit per 15
square feet of floor area.
E.
Schedule of parking and stacking requirements.
(1)
Minimum parking requirements.
(a)
Off-street parking facilities shall be provided in quantities
not less than set forth in the following schedules. (Handicapped parking
as required by the New York State Department of Motor Vehicles shall
be in addition to the quantities set forth herein. Bench-type seats
shall be calculated at 20 inches per lineal foot.)
[1]
Dwellings.
[a]
Single-family or two-family dwellings: two spaces
for each dwelling unit.
[b]
Multifamily dwellings: two spaces for each dwelling
unit.
[c]
Tourist homes, hotels, motels or rooming or lodging
houses: one space for each unit accommodation and conference unit.
[d]
Dormitory, fraternity, sorority house: one space
per two occupants.
[e]
Mobile home lot: two spaces per mobile home lot.
[3]
Places of assembly.
[a]
Schools.
[i]
Elementary and middle or intermediate schools:
two spaces for each classroom, plus spaces required for assembly area.
[ii]
High schools: two spaces for each classroom, plus
one space for each nonteaching employee, plus spaces required for
assembly area.
[iii]
Colleges: two spaces for each classroom, plus
one space for each nonteaching employee, plus three spaces for each
four full-time students, plus spaces required for assembly area.
[b]
Churches, synagogues or any other places of public
worship; principal or accessory auditoriums, gymnasiums, theaters,
stadiums or sports arenas and other places of public assembly other
than banquet halls: one space for each three seats.
[c]
Libraries, museums or art galleries: one space
for each 300 square feet of gross floor area.
[d]
Bowling alleys: six spaces per lane.
[e]
Permanent recreational uses, in addition to spaces
required for areas devoted to uses specified herein.
[i]
Ice skating, roller rinks and gymnastics centers:
one space per 250 square feet of gross floor area devoted to activity.
[ii]
Health and swimming: one space per 25 square feet
of gross floor area and pool area devoted to activity.
[iii]
Tennis clubs: three spaces per court.
[iv]
Golf courses and driving ranges: three spaces
per hole; 1 1/2 spaces per stall at a driving range.
[v]
Conservation clubs: minimum 10 spaces.
[vi]
Miniature golf: 1 1/2 spaces per hole.
[vii]
Dancing studios: one space per 50 square feet
of gross floor area devoted to activity.
[g]
Clubs or lodges: as required for assembly and restaurant
facilities therein.
[h]
Mortuaries or funeral parlors: 15 spaces for each
parlor.
[4]
Business or industrial uses.
[a]
Furniture, floor-covering, or appliance stores;
home furnishings and equipment sales; custom shops; wholesale businesses:
one space for each 700 square feet of gross floor area, with a minimum
of four spaces required.
[b]
New or used car sales: one space for each 700 square
feet of sales area within a building, but not less than 10 spaces
for customer parking and one space for each two employees. Such spaces
shall be clearly marked and shall not be used for the parking of unregistered
motor vehicles.
[c]
Gasoline stations, automobile collision, public
garages or repair garages, principal or accessory: three spaces for
each service bay, minimum six spaces.
[d]
Shopping centers: six spaces per 1,000 square feet
of net floor area.
[f]
Real estate offices: the greater of eight spaces
or 1 1/2 spaces per employee.
[g]
Medical and dental clinics and offices: eight spaces
per doctor or dentist.
[h]
Other business or professional offices or banks,
public and semipublic buildings, including government buildings: one
space for each 175 square feet of gross floor area.
[i]
Manufacturing, industrial plants, wholesale distributors,
laboratories, general commercial and other services, machine shop:
one space per employee.
[j]
Roadside stands: minimum three spaces.
[k]
All other principal uses not above enumerated or
excepted: one space for each 350 square feet of gross floor space.
[5]
Mixed uses. Except as otherwise provided in Subsection E(1)(a)[4], where any building or lot is occupied by two or more uses having different parking requirements, the parking requirement for each use shall be computed separately to determine the total off-street parking requirement.
(2)
Stacking requirements. In addition to minimum parking requirements established by Subsection E(1)(a), the following stacking areas are required. The size of each space shall be 20 feet in length by nine feet in width.
(a)
Rapid car wash: 35 spaces per stall.
(b)
Coin car wash: five spaces per stall.
(c)
Drive-in bank, accessory to bank office: eight spaces per booth,
customer facility or service window.
(d)
Drive-in bank, not accessory to bank office: 10 spaces per booth,
customer facility or service window.
(e)
Self-service gas stations: four spaces per pump.
(f)
Other drive-in facilities: 10 spaces per booth, customer facility
or service window.
(3)
Modifications of requirements.
(a)
Variation of requirements. The parking, stacking and loading
requirements applicable to a lot may be varied by the Town Board where
it finds that the objectives of this section can be met with respect
to that lot and the specific activity or use to be conducted thereon
with reduced facilities.
(b)
Public parking facilities available. The parking spaces required
hereunder may be modified by the Planning Board after receiving a
recommendation from the Building Inspector where he finds that free
parking areas or publicly owned parking areas are accessible within
600 feet, and where land is not available for development of off-street
parking as required herein, or where public transportation is used
extensively.
(c)
Parking for single and mixed uses. A building occupied by one
use shall provide the off-street parking spaces as required for the
specific use. A building, or group of buildings, occupied by two or
more uses, operating normally during the same hours, shall provide
spaces for not less than the sum of the spaces required for each use.
For a multiple development, parking spaces shall be provided for the
total area of the building or buildings as set forth in this section,
instead of the requirements based on each separate use. For the purposes
of this subsection, a "multiple development" shall be defined as four
or more offices or commercial or industrial establishments or enterprises,
or combinations thereof, which are located in a single building or
in two or more buildings, developed as a part of a single integrated
development.
(d)
Joint use of parking facilities.
[1]
Churches, civic clubs, community centers, auditoriums, lodge
halls, gymnasiums and stadiums may make arrangements with business
establishments which normally have different hours of operation for
sharing up to, but not more than, 50% of their requirements in nearby
parking areas which are accessory to such business uses; provided,
however, where there is a sharing of facilities by different owners
or tenants, there shall be an agreement covering a period of time
as may be required by the Town Board; and provided, further, that
should any of the uses be changed or the facilities discontinued,
then the required spaces for the use or uses remaining shall be provided
elsewhere as a condition precedent to the continued use of said building
or buildings.
[2]
Where churches, civic clubs, community centers, auditoriums,
lodge halls, gymnasiums and stadiums share parking facilities with
nearby business establishments, such parking facilities shall be located
within 250 feet from the property line of said use.
(e)
Accessory uses. No off-street parking shall be required for
uses accessory to hospitals or convalescent or nursing homes or for
an accessory restaurant used primarily for students, patients, tenants
or employees occupying a principal use.
F.
Design regulations.
(2)
Location of off-street parking facilities.
(b)
Civic uses and places of assembly. Driveways and parking areas
serving churches, clubs, community centers and other public facilities
within or adjacent to a residential district may not be located within
required side and rear yards and driveways only may be within the
front yard. Driveways and parking areas shall be located not less
than 25 feet from any adjacent residential lot lines.
(c)
Commercial and industrial districts.
[1]
In all business and industrial districts, off-street parking,
loading and stacking facilities shall be provided on the same lot
as the principal use or on another lot zoned business or industrial,
the nearest point of which shall be within 250 feet from the nearest
entrance of the building served.
[2]
Restricted parking lots permitted only in R and MFMU Districts.
The Town Board may direct the Building Inspector to issue a permit
for the parking, loading or stacking areas in such residential districts
if, after public hearing advertised in the manner required by law
and written notification to property owners within a radius of 500
feet, and after receiving a recommendation from the Planning Board,
the Town Board finds that the proposed parking, loading or stacking
area in an R or MFMU District to be accessory to a business use:
[a]
Will not increase the congestion on adjoining residential
streets in such a way as to promote a traffic hazard or a nuisance
to adjoining residents;
[b]
The proposed lot will be properly screened, lighted
and designed so as to prevent nuisance to adjoining residents;
[c]
The proposed lot will be landscaped as required
by this chapter;
[d]
The lot will be suitable for the proposed use;
[e]
The lot shall not provide more than 25% of the
required parking, loading and stacking area;
[f]
At least 100 feet of said lot shall abut or be
directly across the street or alley from the business use to which
it is accessory;
[g]
The lot shall not extend more than 250 feet from
the nearest property line of the business district;
[h]
The lot shall be used for the purpose of passenger
automobiles only, and no commercial repairs, sales or services shall
be conducted thereon; and
[i]
Driveways and parking areas shall be located not
less than 25 feet from any adjacent residential lot line.
[3]
Parking limitations at automobile service facilities. Unenclosed
parking of motor vehicles at automobile service facilities shall be
limited to four vehicles and no vehicle shall remain so parked in
excess of 24 hours.
[4]
Parking, stacking and loading area improvements applicable to
all districts. Parking, stacking and loading areas and access driveways
shall be designed, graded, constructed, altered and maintained as
follows:
[a]
Grading and paving. Parking, stacking and loading
areas and access driveways shall be graded and drained so that the
surface water shall not be allowed to flow onto adjacent properties.
Parking areas and driveways shall be constructed as required by the
Town's adopted Building Code, as amended.
[b]
Features. Parking, stacking and loading areas shall
be arranged, marked and maintained as shown on the parking, loading
and stacking plan approved as a part of the site plan in order to
provide for orderly and safe parking, loading and storage of vehicles.
The Planning Board may also require structural or landscape features,
including without limitation bumper guards, curbs, walls or fences
to further carry out the objectives of this chapter. A compact evergreen
hedge, shrubs or other screening by a substantially solid fence between
parking areas and the side or rear lot line of a residential district
may also be required in accordance with the standards established
in other sections of this Code.
[c]
Illumination. Parking, loading and stacking areas
shall be illuminated only to the extent necessary to ensure the public
safety. Illumination shall not be used for the purpose of advertising
or attracting attention to the principal use. Lighting features shall
be designed, sized and located so as not to cast direct rays upon
adjoining premises or cause glare hazardous to pedestrians or persons
using adjacent public streets.
[d]
Pedestrian walks. Pedestrian walks between parking
areas and buildings shall be provided to assure pedestrian safety.
[5]
Driveways to parking areas. Entrance and exit driveways serving
parking facilities, drive-in businesses, fee parking lots, and public
parking lots shall be provided in location, size and number so as
to interfere as little as possible with the use of adjacent property
and the flow of traffic on the streets to which they connect.
G.
Loading facilities. Loading and unloading facilities shall be provided
and maintained as long as such building is occupied or unless equivalent
facilities are provided in conformance with the regulations of this
section.
(1)
Allocation of use. Space required and allocated for any off-street
loading facility shall not be used to satisfy the space requirements
for off-street parking or stacking. An off-street loading space shall
not be used for repairing or servicing of motor vehicles.
(2)
Location of facility. All required loading facilities shall be related
to the building and use to be served to provide for loading and off-loading
of delivery and other service vehicles and shall be so arranged that
they may be used without blocking or otherwise interfering with the
use of accessways, parking or stacking facilities, public streets
or sidewalks. A required loading space shall not face or be visible
from the frontage street and shall not be located in a required front
yard, or a required side or rear yard if adjoining a residential district.
(3)
Access driveways. Each required off-street loading space shall be
designed for vehicular access by means of a driveway, or driveways,
to a public street in a manner which will least interfere with adjacent
traffic movements and interior circulation.
(4)
Minimum size criteria. A required off-street loading space shall
be at least 12 feet wide by at least 20 feet in length. The above
area shall be exclusive of the maneuvering space, and each loading
facility shall have a vertical clearance of at least 14 feet.
(5)
Schedule of required loading facilities. Off-street loading spaces
shall be provided as required herein for the following uses:
|
Use
|
Gross Floor Area of Single Enterprise Building or per Enterprise
Within a Building
(square feet)
|
Required Number of Spaces
|
|---|---|---|
|
Retail stores and services, all types
|
Under 5,000
|
1
|
|
5,000 to 20,000
|
2
| |
|
20,000 to 50,000
|
4
| |
|
50,000 to 100,000
|
6
| |
|
Printing, publishing, warehouses and storage establishments
|
Under 40,000
|
2
|
|
40,000 to 100,000
|
4
| |
|
Manufacturing and processing of products
|
Under 20,000
|
2
|
|
20,000 to 40,000
|
4
| |
|
Each additional 25,000
|
1 additional
|
A.
Intent. It is the purpose and intent of this section to:
(1)
Protect and promote the public health, safety and general welfare
by requiring the landscaping of multifamily residential and all nonresidential
developments, including parking areas.
(2)
Establish minimum standards and criteria for the landscaping of multifamily
residential and all nonresidential developments, to dissuade the unnecessary
clearing and disturbing of land, and to preserve the natural flora,
replace removed flora, or plant new indigenous flora.
(3)
Reduce the effects of wind and air turbulence, heat, noise, and the
glare of automobile lights.
(4)
Relieve the blighted appearance of parking areas and provide unpaved
areas for the absorption of surface waters.
(5)
Reduce the level of carbon dioxide and return oxygen to the atmosphere.
(6)
Prevent soil erosion.
(7)
Provide shade.
(8)
Conserve and stabilize property values and facilitate a convenient,
attractive and harmonious community.
B.
General provisions.
(1)
Developments of attached dwelling units in the MFMU Districts and
all nonresidential developments subject to site plan review shall
meet the requirements of this section. A landscape plan prepared by
a licensed professional shall be submitted as a part of this review
procedure.
(2)
The landscape plan shall be drawn to scale, including dimensions
and distances, and shall clearly delineate existing and proposed structures
and uses, parking areas, access aisles, drainage pattern, and the
location, size and description of all landscape materials existing
and proposed, including all trees and shrubs; shall indicate any existing
plant materials that are to be removed; and shall include any such
other information as may be required by the Building Inspector and
the Planning Board.
C.
Standards and criteria.
(1)
A minimum ground area of not less than 8% of the total lot area shall
be landscaped.
(a)
Landscaped islands within parking lots should be constructed
as below-grade water gardens, vegetated appropriately, to provide
attractive and functional enhancements to water quality, air quality,
and aesthetics.
(b)
Vegetation installed within a landscaped area shall include
a minimum of 70% native species and shall be managed to remove any
and all invasive plants during the lifetime of the development.
(2)
Landscaping shall be spread across the site, not in one sole location.
(3)
Not less than 8% of the interior of a parking area designed for 20
cars or more shall be devoted to the required landscaped area and
shall be distributed as landscaped islands every 10 parking spaces
or every 100 feet.
(4)
Landscaping shall provide privacy and screening for adjacent land
uses, with visual, noise and air quality factors considered.
(5)
Vegetation shall be comprised of native species compatible with soil
conditions on the development site and the regional climate.
(6)
Existing natural features and vegetation shall be preserved and incorporated
in the landscaped area wherever possible.
(7)
The primary emphasis of the landscape treatment shall be on trees,
and efforts shall be made to preserve existing trees. Shrubbery, hedges,
grass and other vegetation should be used as well but must not be
the sole landscaping.
(8)
All buildings shall incorporate foundation plantings wherever possible.
(9)
The interior dimensions of any landscaped area or median shall be
a minimum of seven feet wide to ensure the proper growth of materials
planted therein.
(10)
The removal of any one tree on a development site identified
for preservation must be followed by the planting of two trees elsewhere
on the site. All trees planted shall have a minimum caliper of 2 1/2
inches six inches above the ground.
(11)
Artificial plantings or vegetation is not be permitted.
(12)
Parking, loading and stacking areas and driveways located adjacent
to residential districts shall be landscaped by screening and/or buffering.
Such screening and/or buffering shall be designed so that a person
standing on the adjacent residential parcel on the minimum setback
line, five feet above the average finished grade, would not be able
to see any uses, activities or automobile lights originating from
the area. This standard may be met by using fencing, plant materials,
earthen berms or combinations thereof within the required side and
rear yards.
D.
Parking credits for landscaping. The Planning Board, as a part of
site plan review, may reduce the minimum number of off-street parking
spaces required by this chapter by not more than 10%, provided that
the land area so removed is used exclusively for landscaping, but
is not necessary to meet the minimum landscaping area required. The
Planning Board may later determine that the land area so removed is
needed to provide necessary off-street parking and may order installation
thereof. Failure to comply with such an order within the time fixed
thereby shall constitute a violation of this chapter.
E.
Maintenance and enforcement. All landscaped areas required and/or
permitted by this section shall be maintained and preserved according
to the plan as approved or amended by the Planning Board. Dead vegetation
of any variety must be replaced within the next planting season by
plantings of a similar nature.
A.
Intent. Sign regulations, including provisions to control the type,
design, size, location, motion, illumination and maintenance thereof,
are designed to achieve the following purposes:
(1)
To protect property values, create a more attractive economic and
business climate and protect the physical appearance of the community
from the effects of inharmonious, bizarre, and out-of-scale signs.
(2)
To preserve the scenic and natural beauty of designated areas and
provide a more enjoyable and scenic community.
(3)
To reduce signs or advertising distractions or obstructions that
may contribute to traffic accidents.
(4)
To provide reasonable, yet appropriate, conditions for advertising
goods sold or services rendered in business districts by relating
the size, type and design of signs to the type of establishment.
(5)
To control signs so that their appearance will be aesthetically harmonious
with the overall design of the area.
(6)
To reduce hazards that may be caused by signs overhanging or projecting
over public rights-of-way.
(7)
To curb the deterioration of natural beauty in the community's environment.
B.
Definitions. The terms used in this section or in documents prepared or reviewed under this section shall have the meanings indicated in Article III, Terminology.
C.
Exceptions. For the purposes of this chapter, the term "sign" does
not include:
(1)
Signs erected and maintained pursuant to and in discharge of any
governmental function.
(2)
Signs prohibiting trespassing.
(3)
Integral, decorative or architectural features of buildings, except
letters or trademarks.
(4)
Signs not exceeding four square feet per face directing and guiding
traffic and parking on private property and bearing no advertising.
(5)
Signs not exceeding one square foot per face advertising the cost
of gasoline when attached to a gasoline pump or service island canopy.
D.
General regulations. The prohibitions contained in this subsection
shall apply to all signs and use districts.
(1)
No sign shall be used to attract attention to an object, product,
place, activity, institution, organization or business not available
or located on the premises where the sign is located.
(2)
Illumination. Any illuminated sign or lighting device shall employ
only lights emitting a light of constant intensity, and no sign other
than that part used to report time, temperature, stock market and/or
news reports shall be illuminated by or contain flashing, intermittent,
rotating or moving light or lights. In no event shall any illuminated
sign or lighting device be placed so as to permit the beams and illumination
therefrom to be directed upon a public street, highway, sidewalk or
adjacent premises so as to cause glare or reflection that may constitute
a traffic hazard or nuisance. The full number of illuminating elements
of a sign shall be kept in working condition or immediately repaired
or replaced. Overhead wires or exposed wires on a sign or its supporting
members are prohibited.
(3)
Signs on public property. No sign shall be placed in any street right-of-way
or on other public property unless specifically authorized.
(4)
Roof signs. No signs, except such directional devices as may be required
by the Federal Aviation Agency shall be placed, inscribed or supported
upon or above the highest part of the roofline.
(5)
Temporary signs. No exterior portable or temporary signs shall be
erected, used or maintained without a permit issued by the Building
Inspector for the following purposes only:
(a)
New business enterprises which are awaiting erection of permanent
signs, for a period not exceeding 30 days.
(b)
Business enterprises which have lost the use of an existing
sign by reason of fire or other catastrophe, for a period not exceeding
30 days.
(c)
Limited activities in connection with the principal uses or
activity on the premises, for a period not exceeding 30 days per permit
and not exceeding 120 accumulated days per calendar year.
(d)
Signs advertising the price of merchandise displayed outdoors,
excluding farm products grown on the premises, not exceeding 32 square
feet in face area.
(6)
Banners, etc. No banners, posters, pennants, ribbons, streamers,
spinners or other similar moving, fluttering or revolving signs or
devices or strings of lights shall be permitted.
(7)
Obstructions. No sign shall create a traffic hazard by obstructing
the view at any street intersection or by design resemblance through
color, shape or other characteristics to common traffic control devices.
No freestanding sign having the lowest member, excluding the pole,
less than eight feet above the finished grade shall be allowed on
corner lots in a triangle formed between points on the front and side
lot lines 35 feet from the intersection.
(8)
Maintenance of signs. All signs and sign structures shall be maintained
in good repair and condition. Signs and their supporting structures
which no longer serve the purpose for which they were intended or
which have been abandoned or are not maintained in accordance with
this chapter and other applicable regulations of the Town, shall be
removed by the owner, lessee or user thereof, the permit holder or
owner, lessee or user of the premises upon which it is located.
(9)
Nonconforming signs.
(a)
Signs, including billboards, conforming to the regulations prevailing
prior to the effective date of this amendment, but which do not conform
with the regulations herein or subsequent amendments thereto, shall
be nonconforming signs. Any sign or part thereof which has been blown
down, destroyed or otherwise taken down for any purpose other than
repair, shall not be rebuilt, re-erected or relocated unless it complies
with the provisions of this section and other applicable regulations.
(b)
Where signs individually or collectively in a multiple development are nonconforming, one or more new wall and canopy/fascia signs complying with the provisions of Subsection F(2)(c)[1] may be erected whenever the use or occupancy of an individual establishment or enterprise changes.
E.
The following signs are permitted in all districts as accessory uses
or structures, without a use permit:
(1)
Sale, lease or rental. One sign for each building or lot advertising
the sale, rental or lease of the premises or part thereof on which
the sign is displayed, not exceeding six square feet in residential
districts and 32 square feet in business and industrial districts.
Illumination shall not be permitted.
(2)
Address. One sign indicating the name and address of the occupants
of a dwelling not exceeding two square feet in area. An address sign
shall not be permitted if a sign permitted for the office of a resident
professional is in use.
(3)
Project name. One sign indicating "project name" and the names of
the architect, engineer, contractor and participating public and governmental
agencies and officials, placed on premises where construction, repair
or renovation is in progress, not exceeding 32 square feet in face
area, 15 feet in height or located not less than 25 feet from the
lot line and 75 feet from any dwelling not within the project. Such
sign shall be permitted for a period not to exceed one year.
F.
Signs permitted in districts as accessory structures or uses requiring
a use permit.
(1)
Residential districts. The following signs shall be permitted in
residential districts in addition to those specifically permitted
within the individual districts:
(a)
One permanent subdivision nonilluminated identification sign
not exceeding 32 square feet in area and four feet in height, indicating
the name of the subdivision or residential development. Said sign
may be located in the public right-of-way if authorized by the Town
Board, after review by the Planning Board and Highway Superintendent.
(b)
In the MFMU District, one permanent nonilluminated identification
sign indicating the name, owner or manager of the development, not
exceeding 32 square feet in face area and six feet in height above
the finished grade, shall be permitted on a major street which the
development abuts, but not less than 25 feet from any lot line.
(c)
One sign or bulletin board, which may be illuminated, not exceeding
32 square feet in face area, located on the premises of a public,
charitable or religious institution shall be permitted, but not less
than 25 feet from any lot line, and no more than six feet in height
above the finished grade.
(2)
Business and industrial districts. Signs, which may be illuminated,
shall be permitted in business and industrial districts subject to
the following regulations:
(a)
Total maximum face area of all signs other than temporary or
portable signs permitted shall be as indicated in the following table.
The total maximum face area of all signs permitted for establishments
or enterprises occupying a building shall be related to the length
of the building facing the nearest street. Where a building fronts
on more than one street, the frontage shall not exceed the length
of the longest side on one street.
|
Total Maximum Sign Face Area
(square feet)
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Building Frontage
(feet)
|
Less Than 40
|
40 to 80
|
81 to 120
|
121 to 160
|
161 to 200
|
201 to 240
|
241 to 280
|
281 to 320
|
321 to 360
|
361 and over
|
|
MFMU
|
40
|
80
|
120
|
160
|
200
|
240
|
280
|
320
|
360
|
400
|
|
LC/GC
|
60
|
120
|
180
|
240
|
300
|
360
|
420
|
480
|
540
|
600
|
|
LI/GI
|
40
|
80
|
120
|
160
|
200
|
240
|
280
|
320
|
360
|
400
|
(b)
The area of a pictorial design, illustration, forms of humans,
animals, products and trademarks shall be charged against the maximum
sign face area permitted.
(c)
Types and numbers of signs permitted within total maximum face
area; design requirements.
[1]
Wall signs. Wall signs shall be permitted for each separate
establishment or enterprise occupying a building or unit thereof,
but shall not project beyond the ends of the building or its parapet
or the highest point of the roof, whichever is higher.
[2]
Ground signs. One ground sign for each multiple development
as hereinafter defined in individual building not a part of such development
shall be permitted. Such signs:
[a]
Shall be no higher than four feet above the average
finished grade.
[b]
Shall have a total face area not exceeding 100
square feet.
[c]
Shall be located not less than 25 feet from any
adjacent business or industrial lot or 50 feet from an adjacent residential
lot or 15 feet from a street right-of-way.
[3]
Pole signs. One pole sign for each individual building not a
part of a multiple development as hereinafter defined and regulated
shall be permitted in the LC, GC, LI, and GI Districts only.
[a]
Such signs shall be supported wholly by a pole
or poles.
[b]
Such signs shall not exceed 25 feet in height nor
shall the lowest part of the sign be less than eight feet from the
finished grade of a paved walk, drive or parking area.
[c]
Such signs located not less than 50 feet from an
adjacent residential lot.
[d]
Such signs shall not project over any public right-of-way
or encroach upon the property of another.
[e]
The maximum total face area shall be determined by the street frontage of the lot as indicated in the following table. Where the lot fronts on more than one street, the frontage shall be the length of the longest side. Total pole sign area shall be charged against the maximum face area indicated in Subsection F(2) above.
|
Total Maximum Sign Face Area of Pole Signs
(square feet)
| |||||
|---|---|---|---|---|---|
|
Street Frontage
(feet)
|
Under 200
|
200 to 349
|
350 to 499
|
500 to 750
|
Over 750
|
|
LC
|
32
|
64
|
96
|
128
|
160
|
|
GC/LI/GI
|
64
|
96
|
128
|
160
|
192
|
[4]
Under-canopy/fascia signs. Not more than two signs for each
establishment or enterprise shall be permitted. However, a fascia
sign and an under-canopy sign suspended from and parallel to the fascia
shall not be permitted. Such signs:
[5]
Multiple development.
[a]
For the purposes of this subsection, a "multiple
development" shall be defined as four or more offices or commercial
or industrial establishments or enterprises, or combinations thereof,
which are located in a single building or in two or more buildings
developed as part of a single integrated development.
[b]
In multiple developments, each individual establishment or enterprise shall be permitted to have wall, under-canopy/fascia and ground signs subject to the regulations herein and one pole sign advertising the name of the development only. The face area of the pole sign may be at least 96 square feet regardless of the street frontage specified in Subsection F(2)(c)[3](e) above and shall be in addition to the maximum face area otherwise allowed.
G.
Billboards. Billboards are not permitted.
H.
Application for use permits.
(1)
Except as otherwise provided herein, a use permit required by and
issued pursuant to the provisions herein shall be valid for a period
of five years from the date thereof. Prior to the expiration of the
five-year period, the owner of such sign shall apply to the Building
Inspector for renewal of the use permit. If the Building Inspector,
after inspection, finds that the sign is in good repair and conforms
to the original permit, he shall issue a renewal permit which shall
be valid for a further period of five years. Application for further
renewals shall be made every five years in accordance with these provisions.
Any sign for which a use permit has expired shall be removed.
(2)
No sign erected and permitted pursuant to a use permit as required
or any sign erected and existing prior thereto shall be altered, rebuilt
or modified unless it conforms to the requirements hereof and a new
use permit therefor is issued.
(3)
If the use permit for a sign has expired or if, after inspection upon application for a renewal use permit or at any other time, the Building Inspector finds that a sign is not in good repair or does not comply with the use permit issued or with the provisions of Subsection D(8) above, he shall order the owner or lessee of the premises upon which it is located, the owner and user of the sign, and the holder of the use permit to repair it or bring it into compliance with the use permit, as the case may be, or remove the same within 30 days following the date of personal service or mailing thereof. Such order shall be written and served personally or by certified mail directed to the last known address of the owner, lessee, user or holder. Failure to comply with such an order shall constitute a violation of this chapter.
(4)
A building permit issued for the erection, alteration, modification
or repair of any sign conforming to the requirements of this chapter
shall constitute the use permit herein required. The term of the use
permit shall not be limited by any restriction contained in the building
permit for commencement of the work thereby authorized.
A.
Intent. Within the districts established by this chapter or amendments
that may be adopted there exist lots, structures, uses of land and
characteristics of use which were lawful before this chapter or amendments
thereto were passed, but which would be prohibited, regulated or restricted
under terms of this chapter or future amendments. Regulations for
the continuance, maintenance, repair, restoring, moving and discontinuance
of nonconforming lots, structures, land and uses are established for
the following purposes:
(1)
To permit these nonconformities to continue, but to minimize any
adverse effect on the adjoining properties and development;
(2)
To regulate their maintenance and repair;
(3)
To restrict their rebuilding if substantially destroyed;
(4)
To require their permanent discontinuance if not operated for certain
periods of time; and
(5)
To require conformity if they are discontinued, to bring about eventual
conformity in accordance with the objectives of the Comprehensive
Plan and Zoning Ordinance of the Town.
B.
Nonconforming lots of record.
(1)
In any residential district in which single-family detached dwellings
are permitted, a single-family detached dwelling and customary accessory
structures may be erected on any single lot of record at the effective
date of adoption or amendment of this chapter, notwithstanding limitations
imposed by other provisions of this chapter. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same
ownership.
(2)
This provision shall apply even though such a lot fails to meet the
requirements for area or width, or both, that are generally applicable
in the district, provided that yard dimensions and requirements other
than these applying to area or width, or both, of the lot shall conform
to the regulations for the district in which such a lot is located.
Variance of yard requirements shall be obtained only through action
of the Zoning Board of Appeals.
(3)
If two or more lots or combination of lots or portions of lots with
continuous frontage in single ownership are of record at the time
of passage or amendment of this chapter, and if all or part of the
lots do not meet the requirements established for width and area,
the lands involved shall be considered an undivided parcel for the
purposes of this chapter. The provisions of this section shall not
apply if any portion of said parcel shall, after the adoption of this
chapter or amendment, be used or divided in a manner which prevents
or diminishes compliance with the requirements established by this
chapter or amendment thereto.
C.
Nonconforming uses and structures.
(1)
Except as hereinafter authorized, no nonconforming use of land shall
be enlarged or increased nor extended to occupy a greater area of
land than was occupied at the effective date of adoption or an amendment
of this chapter; nor shall any existing conforming structure devoted
to a use not permitted by this chapter in the district in which it
is located or a nonconforming structure itself or its use if nonconforming
be enlarged, extended, constructed, reconstructed or moved, except
in changing the use of the structure to a use permitted in the district
in which it is located or to make the structure conforming.
(2)
Restoration of a damaged use or structure.
(a)
If a nonconforming use or structure is destroyed or damaged
by fire, other casualty, act of God or by the public enemy to the
extent of less than 50% of its value immediately prior to the occurrence,
it may thereafter be reconstructed or repaired and occupied. If a
nonconforming use or structure in the nature of a two-family dwelling
is destroyed or damaged by fire, other casualty, act of God, or act
of the public enemy even where the damage is greater than 50% of the
value prior to the occurrence, it can thereafter be reconstructed,
repaired, renovated and reoccupied as such nonconforming use. In all
other cases, the nonconforming use shall be terminated and any nonconforming
structure shall be terminated and any nonconforming structure shall
be demolished. Application for a building permit to repair, replace
or reconstruct a partially destroyed or damaged use or structure as
herein authorized must be made within one year of the occurrence,
and the repair, replacement or reconstruction must be completed within
six months following the issuance of the permit, or the nonconforming
status of the use or structure shall be terminated, and any nonconforming
structure then remaining shall be demolished.
(b)
Nonconforming uses may be enlarged up to 25%, provided that
no enlargement shall exceed 25% of the size of the use at the date
the use was rendered nonconforming.
(3)
Superseding a nonconforming use by a permitted use. Any structure
and/or land in and/or on which a nonconforming use is superseded by
a permitted use shall thereafter conform to the regulations of the
district.
(4)
Moving a nonconforming use or structure. A nonconforming use or structure
shall not be moved for any reason other than in conformance with the
regulations for the district in which it is located after it is moved.
(5)
Discontinuing or abandoning a nonconforming use or structure.
(a)
A nonconforming use or structure discontinued or abandoned for
12 consecutive months, or for 18 months during any three-year period,
shall not thereafter be used or occupied, except in conformity with
the regulations of the district in which it is located.
(b)
Discontinuance of the active and continuous operation of a nonconforming
use, or a part or portion thereof, for a period of 12 consecutive
months or 18 months during any three-year period, is hereby construed
and considered to be an abandonment of such nonconforming use, regardless
of any reservation of an intent not to abandon same or of an intent
to resume active operations. If actual abandonment in fact is evidenced,
by the removal of buildings, structures, machinery, equipment and
other evidence of such nonconforming use of the land and premises,
the abandonment shall be construed and considered to be completed
within a period of less than 12 consecutive months and all rights
to reestablish or continue such nonconforming use shall thereupon
terminate.
(6)
Nonconforming parking, loading and stacking facilities. A structure,
use or occupancy existing lawfully at the time this chapter or any
amendment thereto becomes effective, but which does not conform with
the off-street parking, loading and stacking regulations, may be occupied
or continued without such parking and/or loading spaces being provided.
Any such spaces that may be provided thereafter shall comply with
the regulations of this chapter. If an existing structure, use or
occupancy is altered so that there is an increase of the number of
dwelling units, seating capacity or floor area, or if the use or occupancy
is changed to one requiring more off-street facilities, then off-street
parking, stacking and loading spaces shall be provided at least equal
to the number required for the increased area for the structure or
use in accordance with all provisions of this chapter.
D.
Repair and maintenance.
(1)
On any nonconforming structure or portion of a structure containing
a nonconforming use or occupancy, ordinary repair work may be done,
and repairs or replacements of non-load-bearing walls, fixtures, wiring
or plumbing may be made, provided that the cubic content existing
when it became nonconforming shall not be increased.
(2)
If a nonconforming structure or portion of a structure containing
a nonconforming use is declared by any duly authorized official to
be physically unsafe or unlawful due to lack of repairs or maintenance,
it may be strengthened or restored to a safe condition upon order
of an official charged with protecting the public safety.
Except as provided in § 50-16, minimum building lines
measured from the center of the street shall supersede the minimum
front yard requirements for those districts on the following streets:
|
Street Name
| ||
|---|---|---|
|
Location
|
Minimum Distance
(feet)
| |
|
Transit Road
|
North and south of Village of Depew
|
90
|
|
Genesee Street
|
East of Harris Hill Road
|
90
|
|
Wehrle Drive
|
West of Harris Hill Road
|
90
|
|
Walden Avenue
|
From Cemetery Road east to Town Line Road
|
90
|
|
William Street
|
All
|
90
|
|
Pavement Road
|
All
|
90
|
|
Bowen Road
|
All
|
90
|
|
Aurora Street
|
All
|
90
|
|
Town Line Road
|
All
|
90
|
Flagpoles and chimneys, radio or television antennas located
upon and constituted as an integral part of a principal structure
and windmills may be erected above the height limit specified, but
are limited to a height not exceeding 60 feet above the average finished
grade. Mechanical space for building equipment placed on the building
roof may be allowed above the maximum height specified, provided that
such mechanical space is set back a minimum of 15 feet from any exterior
wall, does not exceed 15 feet in height and is screened from view.
A.
No fence or wall in a residential district shall exceed six feet
in height, except where it abuts a nonresidential district, in which
event it shall not exceed eight feet in height; provided, however,
that a fabric fence not exceeding 12 feet in height enclosing a tennis
court shall be permitted. For the purpose of screening, the Planning
Board may require fences, vegetation or other appropriate material
in nonresidential districts where they abut residential districts
to assure privacy for adjacent land uses with visual, noise and air
quality factors considered.
B.
In no event shall fences or walls in nonresidential districts abutting
residential districts exceed eight feet in height.
C.
Within nonindustrial districts, no fence or wall, other than a necessary
retaining wall, over three feet in height, shall extend into the front
yard of any lot.
D.
The height of all fences or walls shall be measured from the average
finished grade of the lot.
E.
The fence posts and other supporting structures of the fence shall
face the interior of the area to be fenced.
F.
The Town Board reserves the right to deny or revoke a building permit
for the installation of a fence where the Town Board in its discretion
determines the fence as proposed to be installed would or could pose
a threat to the public health, safety and welfare.
Clear vision shall be maintained on corner lots in a triangle
formed between points on the front and side lots' lot line 35 feet
from the intersection. Within that area, no fence, wall, ornamental
gate or portal, bushes or shrubbery shall be permitted higher than
two feet above the average finished grade of the lot. Trees shall
be permitted within the area only if maintained and trimmed so that
no branches or foliage are less than eight feet above the average
finished grade of the lot.
A.
Cornices and eaves may project not to exceed 18 inches over any required
yard or court.
B.
Sills, leaders, belt courses and similar ornamental or structural
features may project six inches into any required yard or court. An
open fire balcony or fire escape or a fire tower may project into
a required yard not more than four feet.
C.
Bay windows, oriels or balconies.
(1)
Ground-story bay windows, oriels or balconies having a combined total
width not exceeding 1/2 the length of the wall to which they are attached
may project not more than three feet into any required yard. An open
porch not over one story high may project into any required side yard,
provided that it does not come nearer the side lot line than a distance
equivalent to 1/2 the width of the side yard required as a minimum
for that lot.
(2)
No porch, oriel, bay window, balcony or stairway constructed under
the provisions of the preceding subsection shall have a width or a
greater dimension in excess of twice the distance of its projection.
An open porch or entranceway may project not to exceed eight feet
into a required front yard. A bay window not over one story high may
project four feet into a required front yard. Such bay windows shall
not occupy more than one-half of the wall to which they are attached.
Where part of the front wall encloses garage space, such wall space
shall not be used to figure length of the bay windows.
D.
A chimney, smokestack, flue or elevator shaft may project into any
yard or court required as a minimum, provided that the horizontal
section of the projection does not exceed 12 square feet in any residence
district or nine square feet in any other district, and provided that
it does not come nearer the side lot line than a distance of three
feet.
Ornamental gates and portals may be constructed in any district,
but only on private property, and may be located in a required yard.
A.
General provisions.
(1)
Title. The official name of these regulations shall be the Town of
Lancaster Subdivision Regulations, hereafter referred to as the "Regulations."
(2)
This section is adopted under the authority of Article 16 of the
Town Law of the State of New York. Pursuant to New York Town Law § 276,
the Town Board is authorized and empowered to approve plats showing
lots, blocks or sites, with or without streets or highways, and to
approve preliminary plats, within the Town. The Planning Board has
authority to review and make recommendations for approval to the Town
Board for subdivisions pursuant to these Regulations.
(3)
This section is enacted under the authority of the Municipal Home
Rule Law § 10(1)(ii), Subparagraphs (a)(12) and (d)(3),
and Municipal Home Rule Law § 22. It is the intent of these
Regulations to supersede the provisions of New York State Town Law
dealing with subdivisions and the Highway Law in the following circumstances:
B.
Scope and application.
(1)
No subdivision of any lot, tract or parcel of land shall be effected,
and no street, sanitary sewer, storm sewer, water main or other facilities
in connection therewith shall be laid out, constructed, opened or
dedicated for public use and travel, or for the common use of occupants
of buildings abutting thereon, except in strict accordance with the
provisions of these regulations.
(2)
All plans for subdivision shall be submitted to the Planning Board
for review and recommendations before they are acted upon by the Town
Board.
(3)
For all major and minor subdivisions, the Planning Board shall provide
an advisory opinion to the entity acting as lead agency for SEQRA
review.
(4)
The provisions contained herein shall apply to all land within the
Town of Lancaster.
C.
Purposes and intent. These regulations for the subdivision of land
were enacted to provide for the orderly growth and coordinated development
of the Town of Lancaster (the "Town") and its subdivisions, to ensure
the comfort, convenience, safety, health and welfare of Town residents.
In addition, the Regulations are intended:
(1)
To guide the future growth and development within the Town in accordance
with sound planning principals to obtain harmonious and stable residential
and nonresidential areas.
(2)
To ensure the design and installation of high-quality improvements
and infrastructure in compliance with the specifications and standards
established by the Town.
(3)
To ensure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
(4)
To minimize ongoing costs of operating and replacing the Town's infrastructure.
(5)
To provide coordination of land development activities in accordance
with the objectives of the Town's zoning laws and comprehensive plan.
(6)
To protect and conserve the value of land, buildings and improvements
and to minimize conflicts among the uses of land and buildings.
(7)
To ensure that local subdivision actions comply with the requirements
of county, state and federal law.
(8)
To provide safe and convenient vehicular and pedestrian circulation,
and to create a beneficial relationship between land and buildings
that allows proper access and circulation of traffic.
(9)
To require reservation of space for school, recreation and other
public uses.
(10)
To ensure the accurate preparation and recording of plats.
(11)
To ensure subdivision design mindful of avoiding, minimizing,
or mitigating natural hazards and protecting natural resources.
(12)
To preserve the natural beauty of the Town and to ensure appropriate
development with respect to environmentally sensitive areas.
D.
Validity. Should any section or provision of these Subdivision Regulations
be declared invalid, such decision shall not affect the validity of
these Regulations as a whole, or any part thereof, other than the
section or provision so declared to be invalid, nor shall the decision
affect its application to different facts or circumstances.
E.
General regulations for subdivisions.
(1)
By authority of the provisions of § 274-a of Article 16
of the New York State Town Law, the Planning Board is directed to
study each plat for land subdivision within the Town and to recommend
to the Town Board approval, approval with modifications or disapproval,
in accordance with the procedure and standards hereinafter stated.
Such recommendation shall be transmitted to the Town Board within
45 days after the preliminary plat has been referred to the Planning
Board by the Town Board or after receipt of the application fee and
sketch plan in the case of a minor subdivision. The Town Board shall
not act upon the proposed subdivision until the Planning Board has
reported or 45 days have elapsed. In case of a recommendation for
disapproval, the Planning Board shall state the reasons for such recommendation.
F.
Design and performance.
(1)
General design guidelines. The following are general design guidelines
for all public streets:
(a)
Planned layouts shall minimize overall length of local streets.
(b)
Streets shall provide safe and convenient access to housing.
(c)
All dwellings shall be accessible by emergency and service vehicles.
(d)
Roadway networks shall improve efficiency and connectivity while
preserving neighborhood character.
(e)
Traffic-calming and access management measures shall be used
in conjunction with a connected roadway network where needed.
(f)
Provide for looping of utilities, where appropriate and desirable.
(g)
Necessary lighting along streets and walkways shall be provided
as determined in the discretion of the Planning Board and/or Town
Board.
(h)
Use of signs shall be minimized and signposts shall be unobtrusive.
(i)
Informational signs shall not compete with traffic control signs
for driver attention.
(j)
Use of breakaway street furniture shall be considered wherever
possible and shall be grouped for aesthetic as well as safety values.
(k)
Sight distances shall be consistent with probable traffic speed,
terrain, alignments, and climatic extremes.
(l)
Pedestrian, bicycle, and vehicular traffic shall be separated
to the extent feasible.
(m)
Parks, play areas, and interior block open spaces shall be visible
from the street.
(n)
Horizontal and vertical street alignments shall relate to the
natural contours of the site insofar as is practical and shall be
consistent with other design objectives.
(o)
Horizontal and vertical alignment of streets shall be selected
to minimize grading quantities.
(p)
Wherever possible, street layouts shall be planned to avoid
excessive runoff concentration.
(q)
Streets crossing drainage ways inevitably will function as dams,
and shall be designed to minimize adverse backwater effects, scour,
and erosion.
(r)
Subdivisions proposed to be located in the Access Management
Overlay District, as defined in this chapter, shall comply with the
design and other requirements of that overlay district.
(s)
No subdivisions shall be created that have the effect of creating
one or more flag lots.
(2)
Design standards for streets.
(a)
General objectives. Streets shall be of sufficient width, suitably
located and adequately constructed to accommodate the prospective
traffic and normal road maintenance equipment. Street systems shall
promote connectivity. The arrangement of streets shall be coordinated
such that the streets compose a convenient system, cause no undue
hardship to adjoining properties and render no property inaccessible
from an existing street or from a proposed street in a subdivision
for which a completion bond or similar performance guaranty has been
posted.
(b)
Requirements.
[1]
Right-of-way widths shall be as follows:
|
Type of Street
|
Minimum Right-of-Way Width
(feet)
|
|---|---|
|
Arterial
|
Per state or county requirement, as applicable
|
|
Collector
|
66
|
|
Local or minor street
|
66
|
[a]
These distances may be modified as determined after
consultation with the Erie County Department of Public Works, the
Planning Board, the State Department of Transportation, or the agency
with jurisdiction over the road at issue. All deviations from these
standards must be approved by the Town Board in conjunction with its
review of the final plat.
[2]
Pavement widths curb to curb shall be not less than the following:
|
Type of Street
|
Pavement Width
(feet)
|
|---|---|
|
Arterial requirement
|
Per state or county as applicable
|
|
Collector
|
28
|
|
Local or minor street
|
28
|
[a]
These distances may be modified as determined after
consultation with the Erie County Department of Public Works, the
Planning Board, the State Department of Transportation, or the agency
with jurisdiction over the road at issue. All deviations from these
standards must be approved by the Town Board in conjunction with its
review of the final plat.
[3]
Street grades.
[a]
Street grades may be not more than 7% nor less
than 0.4 of 1% (or as determined after consultation with the Town
or Erie County Department of Public Works, the Town Board or the State
Department of Transportation, when applicable).
[b]
Grades approaching intersections may not exceed
4% for a distance of not less than 100 feet from the center line of
said intersection where possible (or as determined after consultation
with the Town Highway Department, the Erie County Department of Public
Works, the Town Board or the New York State Department of Transportation,
when applicable).
[5]
All vertical curves shall have such length as necessary to provide
safe sight distances as specified by the American Association of State
Highway Officials.
[6]
Except for minor streets and alleys, there shall be a tangent
of at least 100 feet between reverse curves.
[7]
Street intersections shall be laid out as follows:
[a]
Streets shall intersect as nearly as possible at
right angles, and no street shall intersect at less than 75°.
Intersections with principal arterial streets shall be at least 1,300
feet apart measured from center line to center line.
[b]
Proper sight lines shall be provided and maintained
at all intersections of streets. Measured along the center line, three
feet above the pavement, there shall be a clear sight distance triangle
of 200 feet on major arterials, 100 feet on collector streets and
75 feet on local or minor streets, measured from a point of the center-line
intersection of the streets.
[c]
A center-line offset minimum of 125 feet shall
be provided at street jogs.
[d]
Multiple intersections involving the junction of
more than two streets shall be avoided whenever possible, but where
they are unavoidable, such intersections shall be designed with extreme
care for both vehicular and pedestrian safety.
[8]
Cul-de-sac streets shall not be created to provide access to
residential lots except in situations where, in the view of the Planning
Board, a through street cannot reasonably be provided due to the physical
characteristics of the subdivision parcel and adjoining properties.
Where a cul-de-sac street is authorized, either as a permanent dead-end
street or as a temporary dead-end street pending completion of a through
road network, not more than 12 single-family residential lots may
gain access from either the initial development or extension of such
cul-de-sac street.
[a]
A cul-de-sac shall be restricted to a maximum of
a 7% grade in all zoning districts and to a length of 1,500 feet.
[b]
A turnaround with a right-of-way radius of at least
75 feet and a pavement radius of at least 56 feet shall be provided
at the end of any cul-de-sac or permanent dead-end street. The cul-de-sac
street shall otherwise be governed by all stated requirements of the
Town Street and Highway Specifications.
[9]
A temporary turnaround, 50 feet in radius, shall be required
where the logical extension of a subdivision street is terminated
and the street is two or more lots deep. A T-type turnaround may be
used with the approval of the Highway Superintendent and the Planning
Board.
[10]
Minimum design standards. Streets and related
improvements shall be laid out and constructed in accordance with
the minimum design standards prescribed in the Town Street and Highway
Specifications of the Town of Lancaster, as adopted by the Town Board
and incorporated by reference in this chapter. Said specifications
are on file in the Town offices.
[11]
Where subdivisions are developed abutting existing
or dedicated or platted streets where rights-of-way are inadequate,
the developer shall make available the additional rights-of-way to
meet the minimum standards of these Regulations. Rights-of-way may
be determined after consultation with the Highway Superintendent and
the Town Engineer.
[12]
Adequate plan consideration and provision for
pedestrians and/or bicyclists shall be made, accommodating safe and
convenient circulation within the subdivision and between the subdivision
and surrounding areas of interest (parks, schools, commercial activity,
etc.). Design elements shall include walks, paths, or other linkages
along roads, property lines or other common areas within the boundaries
of the subdivision, as acceptable to the body with final approval
authority (the Town Board). Pedestrian accessway requirements may
be waived by the Town Board at its discretion.
(3)
Sewers. Any building that has sanitary facilities, or is used by
human occupants for living or sleeping, must be connected to a sanitary
sewer system approved by the Erie County Health Department, if such
system is available. All sanitary sewers and laterals must be installed
before a street is improved in accordance with applicable provisions
of the Erie County Division of Sewer and Town Code, including but
not limited to Chapters 18 and 37. The Town reserves the right to
require the installation of improvements necessary for a subdivision
when the site is within a sewer district but public utility services
are not currently available.
(4)
Water distribution and fire hydrants. Waterline size shall be a minimum
of eight inches and on a grid system or interconnected wherever possible,
based on generally accepted engineering practices for required fire
flow, or other adjustments required by the Erie County Water Authority
and Town Engineer. Fire hydrant type and installation shall be in
accordance with the specifications provided by the Town engineering
department. Fire hydrants shall be located a maximum of 500 feet apart.
(5)
Blocks. No specific rule concerning the shape of blocks is made,
but blocks shall fit readily into the overall plan of the subdivision,
and their design shall evidence consideration of topographical conditions,
lot planning, traffic flow and public open space areas.
(6)
Block dimensions.
(a)
The maximum lengths of blocks containing a majority of lots
75 feet and over in width shall be 1,800 feet, and the maximum length
of blocks containing a majority of lots less than 75 feet in width
shall be 1,200 feet.
(b)
Blocks over 900 feet long may, at the discretion of the Planning
Board and/or Town Board, require pedestrianways at their approximate
centers. The provision of additional accessways to schools, parks
or other destinations may be required by the Planning Board and/or
Town Board.
(c)
Blocks shall have sufficient width to accommodate two tiers
of lots including any additional allowance for natural features in
between such as an existing watercourse. This standard shall not apply
where single-tier lots are required to separate residential development
from arterial traffic, to separate lots from an incompatible use,
to accommodate a requirement for single loaded streets, to allow for
unusual topographical conditions or when adjacent to the outer perimeter
of the subdivision.
(7)
Lots. Residential lots shall comply with the following requirements:
(a)
All lots shall meet the minimum area and lot dimensions required
by the Town Zoning Code for the zoning district in which the lot is
located.
(b)
Side lot lines shall be substantially at right angles or radial
to street lines.
(c)
All lots shall abut their full frontage on a publicly dedicated
street or a street that has received the legal status as such or on
an approved private road as approved by the Town Board in an open
space design development or open development area.
(d)
Lots in a floodway or floodplain or within 100 feet of a designated
wetland, whether incorporated as a part of the subdivision or not,
are subject to the following provisions:
[2]
Article 24 of the New York State Environmental Conservation
Law; and
[3]
Wetlands falling under federal jurisdiction will be subject
to a site- specific buffer zone, the width of which is to be as designated
by the Town Board, unless appropriate fill permits are obtained from
the United States Army Corps of Engineers. Under no other circumstances
shall the Town approve any project or issue permits for a project
that includes plans to build a structure or place fill within the
designated buffer zone.
(e)
A lot of less than 300 feet frontage fronting on a county or
state highway shall be designed so as to share a common curb cut with
an adjacent lot if either adjacent lot has not been previously granted
a curb cut permit. When more than three lots are proposed to be subdivided
from a parcel with frontage on a county or state highway, access for
all such lots shall be on internal streets, not on a county or state
highway. Each lot permitted to front on a county or state highway
shall provide for an approved on-site turnaround so as to obviate
the necessity of any vehicle from backing onto such highway.
(f)
Any such common curb cut and/or common driveway shall be subject
to reciprocal easements and suitable maintenance agreements which
shall be noted by reference on the subdivision plat, reviewed and
approved by the Town Board, and recorded in the Erie County Clerk's
office. Any such common driveway shall be further subject to criteria
that may be promulgated by the Town Board for the design, construction
and approval of common driveways.
(g)
Access from private streets. Access from privately owned and
maintained streets, as may be specifically authorized by the Town
Board, in accordance with § 280-a of the Town Law, shall
be deemed acceptable only if such streets are designed and improved
in accordance with this section and means satisfactory to the said
body are provided for the long-term ownership and maintenance of said
privately owned and maintained streets. The subdividing of land shall
be such as to provide each lot with satisfactory access for routine
and emergency purposes from the community's system of public streets
and roadways.
(8)
Easements. Utility and other easements shall be provided as follows:
(a)
Utility easements. An easement shall be provided for all utility
lines wherever those utility lines do not fall within a dedicated
right-of-way. All utility and stormwater easements shall be plotted
on both the preliminary and final subdivision plats. The developer
must identify all easements in deeds for each lot affected. Utility
easements shall have a minimum width of 15 feet. All utility lines
that are primarily intended to provide service to the lots within
the subdivision shall be installed underground at a depth and at such
locations as will minimize risk of interruption of services.
(b)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or
drainage right-of- way conforming substantially with the lines of
such watercourse and such further width or construction, or both,
as will be adequate for the purpose.
(c)
Drainage easements. Drainage easements shall be provided for
all natural and man-made drainageways that do not fall within a dedicated
right-of- way. All drainage easements shall be plotted on the preliminary
and final plats. The Town shall be provided with a metes and bounds
description of all proposed easements prior to final plat approval.
(d)
The Town Board reserves the right to require additional cross-access
easements when the purposes of the easements are found to be in the
public interest.
(9)
Buffer strips/greenbelt. When residential districts directly abut
major arterials and/or commercial and industrial development or other
areas as determined by the Town, a buffer strip consisting of at least
45 feet shall be provided along the line where such land uses abut.
For purposes of title, these buffer strips shall be part of the platted
lots but shall have the following restriction set forth on the final
plat: "This buffer strip is reserved for the planting of trees or
shrubs by the owner or the preservation of natural features; the building
of structures and other impervious surfaces hereon is prohibited."
No rear yard drainage or utility easements shall be placed in this
buffer area unless approval of the Town Board is otherwise granted.
(10)
Utilities. Utilities, to the extent practicable, are to be placed
underground throughout a subdivision area in conformance with the
Town specifications for public and private improvements. Suitable
easements shall be provided for any utility service.
(a)
At a minimum, the following improvements are required to be
part of the public improvement plan for a proposed subdivision to
assure that the property is adequately served by water, sewer and
drainage systems and by electric power and other fuel-distribution
systems. To assure that these systems are properly installed and easily
repaired, inspection of the installation of these improvements is
required.
[1]
Water distribution: a system of transmitting potable water to
the subdivision and appurtenances in adequate amounts for the normal
use of each lot in the proposed subdivision.
[2]
The public water supply system in the Town is owned by the Town
and operated by the Erie County Water Authority. Any extension of
or service from the public water system is subject to the rules and
regulations and approval of the Town of Lancaster, Erie County Water
Authority, and the New York State Department of Health.
(b)
Sanitary sewer systems.
[1]
Sanitary sewage is the combination of human and household wastes
with water. These sewer systems are used to dispose of sanitary sewage
from individual lots in a subdivision. Two types of sanitary sewer
systems are permitted: public sanitary sewer systems and individual
sewage disposal systems. All public and selected individual sanitary
sewer systems must be approved by the NYSDEC and/or the New York State
Department of Health, whichever is applicable.
[2]
Public sanitary sewers shall be provided whenever existing sanitary
sewers are reasonably accessible and available capacity exists to
support the proposed subdivision.
[3]
Individual sewage disposal systems are on-lot systems, which
means that the sewage is disposed of on the lot. Individual sewage
disposal systems shall not be used in any development that has more
than four lots of less than five acres in size.
(c)
Drainage systems.
[1]
These are a combination of natural watercourses and man-made
facilities intended to convey stormwater runoff.
[2]
A stormwater pollution prevention plan (SWPPP) consistent with
the requirements of this chapter shall be required for all preliminary
plats and final plats.
[3]
All preliminary plats and final plats shall also be reviewed for compliance with Chapter 300 of the Town Code, Stormwater Management and Erosion and Sediment Control.
[4]
Adequate and comprehensive drainage systems shall be provided
in accordance with the natural direction of runoff for the total upland
watershed area affecting the subdivision. Such drainage systems shall
have sufficient capacity to accommodate the potential future runoff
based upon the probable land use and ultimate development of the total
watershed area upland of the subdivision.
[5]
Street side ditch piping for stormwater along an existing street
shall be the responsibility of the lot owner (or applicant) and construction,
removal or replacement shall be in accordance with these Regulations
and the Town Code.
[6]
The preservation of natural watercourses is preferable to the
construction of drainage channels, and such watercourses should be
preserved and utilized.
[7]
When storm drain connections to storm sewers are not possible,
all storm drainage shall be piped underground so as to take all runoff
away from the building, parking and walk areas and discharge to the
nearest swale or detention facility.
[8]
Cable television. It shall be the developer's responsibility
to coordinate the installation of the cable television wire with the
cable television provider and the lead utility company.
(d)
The installation of improvements shall be subject to inspection
at all stages by representatives of the Town. For this purpose, free
and unrestricted access shall be afforded and requested information
shall be promptly submitted. The cost of such inspections shall be
approved by the Town and included in the value of the surety submitted
for the project.
(11)
Site surface improvements. These improvements are required to
ensure that the ecology of the subdivision is not disturbed adversely,
that the subdivision presents an attractive appearance, that is properly
paved and monumented, and that all improvements are recorded on the
final plat for approval by the Town.
(a)
Erosion control. The subdivider shall preserve unique physical
features, such as historic landmarks and sites, rock outcroppings,
hilltop lookouts, stands of trees, desirable natural contours and
similar natural features in designing a project.
[1]
Erosion and sedimentation control shall conform to local and
regulatory agency requirements.
[2]
During the development process, the developer shall expose the
smallest practical area of land at any one time. Proper erosion control
measures shall be in place prior to any area being disturbed. Examples
of normal erosion control are straw baling, silt dams made of synthetic
materials and siltation collection depressions.
(b)
Topsoil.
[1]
Topsoil moved during the course of construction should be stored
in such a manner as to allow for minimum volume to be stacked or stored
at any one time. The stacking or storage period should be kept as
short as possible.
[2]
Storage and redistribution of topsoil should be consistent with the phasing of construction for the purpose of reducing the need for the storage of large volumes of topsoil. Topsoil shall be redistributed so as to cover all areas of the subdivision adequately to a minimum depth of eight inches for each lot and shall be stabilized by seeding or planting. Topsoil piles shall be stabilized by seeding. Permanent removal of topsoil from areas of proposed road and utility construction requires prior permission of the Town Board as part of the permit required by this chapter. Prior to said removal authorization, the applicant shall demonstrate that sufficient topsoil will remain. As specified in § 163-12, Exceptions, of the Town Code, topsoil removed during construction of a subdivision should be replaced to the same depth as existed prior to its removal for portions of the site not covered by structures, sidewalks, parking areas, roadways or driveways.
[3]
Temporary vegetation and/or mulching should be provided to prevent
potential erosion problems during construction.
[4]
Upon completion of the project, the subdivider shall not be
permitted to leave any hills or mounds of dirt around the tract. All
surfaces should be restored within six months of the time of the completion
of the section of the subdivision.
[5]
Upon completion of the project, the subdivider shall not be
permitted to leave any surface depressions that will collect pools
of water, except as may be required for retention of stormwater runoff.
[6]
All fill introduced to the project site to meet grading requirements
as approved by the Town Engineer shall be preapproved as to quality
and source.
(c)
Landscaping. Landscaping is the improvement of land by contouring
and decorative planting, which includes vegetative ground cover.
[1]
All lots which are disturbed during the course of construction
and which are not covered by structures or paving shall have a minimum
vegetative ground cover to prevent erosion.
[2]
Additional landscaping may be recommended by the Planning Board
to screen or buffer the subdivision from a visually noncompatible
use.
[3]
All subdivisions must be in conformance with the provisions
of the Town Code concerning landscaping, including but not limited
to § 45-22, Landscaping,[1] and the Town Zoning Code, any other local laws regulating
trees, and the following:
[a]
A minimum ground area of not less than 25% of the
total area of a project site (entire property) shall be landscaped
and shall be the landscaped area required unless the Town Board has
allowed a reduced amount for just cause per the Zoning Law.
[b]
The arrangement and location of landscaping on
a lot shall be dispersed throughout the project site so as to prevent
unsightliness and the monotony of parked vehicles. Also, acceptable
plantings and landscaping around dumpsters and other accessory structures
shall be designed to visually shield such uses from public roads and
from adjoining properties.
[c]
Not less than 8% of the interior of a parking area
designed for 10 or more vehicles shall be devoted to the required
landscape area of a project. As to parking areas designed for 25 or
fewer vehicles, where the configuration of the development site permits,
a yard area at least five feet wide in excess of the minimum required
for parking areas in the zoning district shall be credited to the
interior landscaping requirement.
[d]
The interior dimensions of any area or median shall
be wide enough to protect the plant materials planted therein and
insure proper growth.
[e]
If the tree removal permit is part of a site plan
or subdivision application, the following information must be provided:
[i]
All large areas of trees of six inches DBH or larger
(more than 10 trees) and woodlands must be shown on the plans.
[ii]
For major subdivision approval, the applicant
must show how the maximum number of trees can be preserved on the
subject property, taking into consideration the lot layout, driveway
location, building locations, drainage facilities and septic or sewer
system locations.
[iii]
The Town Board will require, at a minimum, the
installation of two new trees per tree removed at locations prescribed
by the Town. Trees for replanting shall be selected from the Town
of Lancaster species list and be minimum of 2 1/2 inch caliper
or as specified. The Code Enforcement Officer shall enforce such requirement
upon issuance of a building permit.
[1]
Editor's Note: See now § 400-27J(1).
(d)
Fill. To achieve required grades within the subdivision, any
fill introduced to the property must have written verification as
to the source of the fill, and such fill must be approved by the Town
Engineer. Designs should be developed so as to discourage the introduction
of fill to a property so as to utilize the natural setting of the
property and to encourage the preservation of mature vegetation.
(e)
Street signs. Permanent street signs of the same type and design
in general use throughout the Town, showing the names of intersecting
streets, shall be erected at each intersection.
(f)
Monuments. Permanent reference monuments shall be set at critical
corners and angle points of the boundaries within the subdivision.
Generally, critical corners and angle points shall be deemed to mean
boundary corners and angle points in the boundaries of the parcel
being subdivided and in street right-of-way boundaries at all street
intersections. Variations to this general rule shall be permitted
with Town Board approval. Requests for deviations shall be made prior
to preliminary plat approval. Agreements on monumentation shall be
incorporated into the subdivision plan of the Final Plat.
(g)
Planting. Adequate tree planting shall be completed. Street
trees shall be approximately 35 feet apart. Tentative tree species
will be indicated on the preliminary plat. Trees shall not be less
than 2 1/2 inches DBH at the time of planting. They may be planted
on either side of the sidewalk, unless the planting strip is less
than eight feet, in which case they should be planted in the lawn
area. Trees must be adequately supported by guy wires until firmly
rooted. All tree planting/landscape plans shall be reviewed and approved
by the Town during the subdivision approval process.
(13)
Notice pursuant to Agriculture and Markets Law § 310. The notice required by § 173-4, Notification of real estate buyers and prospective neighbors, of the Town Code shall be included with all preliminary plats and/or final plats submitted to the Planning Board during the subdivision review process.
G.
Required improvements.
(1)
Installation of improvements. The applicant, at its own expense, shall provide (design, construct, install) the improvements required by these Regulations. All improvements shall meet Town standards and specifications as found in the Town specifications for public improvements, including but not limited to the requirements of Chapter 206, Improvements, Public and Private, of the Town Code.
(2)
Failure to install required improvements. In the event that any required
improvements have not been installed in accordance with these Regulations
within the term of the performance bond, the Town Board may declare
the bond to be in default and collect the sum remaining payable. Upon
the receipt of the proceeds of the bond, the Town shall install such
improvements as are covered by the bond and as commensurate with the
extent of building development that has taken place in the subdivision
but not exceeding in cost the amount of such proceeds.
(3)
Approval of public and private improvement plans.
(a)
Public and private improvement permit. No improvement shall
be constructed or installed without the prior approval of a public
or private improvement plan by the Town Board and the Town Engineer,
who shall issue a public or private improvement permit, as appropriate,
following approval of the final plat.
(b)
Construction contracts. Prior to the start of construction of
any required improvements, the applicant shall furnish to the Town
Engineer a copy of the specifications included in any contract entered
into by the applicant for such construction.
(c)
Modification of design of improvements. If at any time before
or during the construction of the required public or private improvements
it is demonstrated to the satisfaction of the Town Engineer that unforeseen
conditions make it necessary or preferable to modify the location
or design of such required improvements, the Town Engineer, in consultation
with the Highway Superintendent, may authorize such modifications
upon written request of the applicant, provided such modifications
are within the spirit and intent of the approved final plat and do
not amount to the waiver or substantial alteration of the function
of any improvement required by the Town.
(4)
Inspection of public improvements.
(a)
Supervision of construction. The construction of all required
public and private improvements shall be supervised by a registered
professional engineer employed by the Town at the expense of the applicant.
After completion of construction, the supervising engineer shall certify
to the Town Engineer that all required improvements have been constructed
as required and approved by the Board or as such requirements have
been modified by the Town Engineer. In addition, after completion
of construction, electronic and paper copies of a certified plan showing
all improvements as constructed in accordance with the approved final
plat and public or private improvement plan shall be submitted to
the Town.
(b)
Inspection by the Town. The Town Engineer or his/her designee
shall inspect required improvements during construction to assure
their satisfactory completion.
(c)
Notification. The applicant shall notify the Town at least five
days prior to the start of construction or installation of any improvement
and at least 24 hours prior to the completion of such improvements.
(d)
Fees. All costs of inspection shall be charged to the applicant
at the issuance of a public or private improvement permit.
(e)
Petitioner responsible. If the Town Engineer finds, upon inspection,
that any of the required public or private improvements have not been
constructed in accordance with the approved public improvement plan,
he or she shall so report to the Town Board and Town Code Enforcement.
The Town Board shall then notify the applicant and instruct the applicant
to correct any discrepancies. Failure to reject improvements shall
not, in any way, prevent later rejection when such defects are discovered,
or obligate the governing body to final acceptance.
(f)
Maintenance bond. The required public improvements shall not be considered to be completed until the installation of the improvements has been approved and certified by the Town Engineer and a final as-built map has been submitted, in paper and electronic format, indicating the location of monuments marking all underground utilities as actually installed. In addition, a two-year maintenance bond for all required public improvements shall be submitted prior to acceptance of all the improvements by the Town Engineer. A maintenance bond shall be in the amount of 40% of the construction cost for each utility, in accordance with Chapter 206, Improvements, Public and Private, of the Town Code.
H.
Procedure for approval of subdivisions. Whenever any subdivision
of land is proposed to be made, and before any contract for the sale
of or any offer to sell any lots in such subdivision or any part thereof
is made, and before any permit for the erection of a structure in
such proposed subdivision shall be granted, the subdivider or his
duly authorized agent shall apply, in writing, for approval of such
proposed subdivision in accordance with the following procedures:
(1)
Legal authority to apply. Subdivision applications shall only be
accepted from persons having the legal authority to submit such applications.
In general, applications shall be made by the owners or lessees of
property, or their designated agents, or persons who have contracted
to purchase property contingent upon their ability to acquire the
necessary approval under the Regulations. The Planning Board may require
the applicant to present evidence of authority to submit the application.
(2)
Submission of sketch plan. Any owner of land shall, prior to subdividing
or resubdividing land, submit to the Town Clerk, at least 10 days
prior to the regular meeting of the Planning Board, three copies of
a sketch plan of the proposed subdivision, for the purposes of classification
and preliminary discussion.
(3)
Discussion of requirements and classification.
(a)
The subdivider, or his duly authorized representative, shall
attend the next meeting of the Planning Board to discuss the requirements
of these regulations for street improvements, drainage, stormwater
management, sewerage, water supply, fire protection and similar aspects,
as well as the availability of existing services and other pertinent
information.
(b)
Classification of the sketch plan is to be made at this time
by the Planning Board as to whether it is a minor or major subdivision,
as defined in these regulations.
(4)
Approval of minor subdivision.
(a)
Application fee. Within six months after classification of the
sketch plan as a minor subdivision, the subdivider shall pay to the
Town Clerk an application fee as set from time to time by resolution
of the Town Board of the Town of Lancaster. Failure to do so shall
require resubmission of the sketch plan to the Planning Board for
reclassification.
(b)
SWPPP. If required for the proposed minor subdivision under Article II of Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Town Code, the subdivider shall submit a stormwater pollution prevention plan (SWPPP), together with the recommendation of the Stormwater Management Officer (SMO) to approve, approve with modifications, or disapprove the SWPPP pursuant to Chapter 300, Stormwater Management and Erosion and Sediment Control, and this chapter.
(d)
Planning Board recommendation. Upon receipt of the application fee, the Town Clerk shall so notify the Planning Board, and the Planning Board shall, within 45 days or thereafter, review the proposed minor subdivision and provide comments; within 62 days or thereafter upon receipt of a complete application (including all requested amendments), the Planning Board shall hold a public hearing and conduct a state environmental quality review (SEQR). Upon a negative or positive declaration and any necessary variances being granted, the Planning Board shall make its recommendations to the Town Board to modify, modify and approve, or disapprove the proposed minor subdivision. If a SWPPP was submitted pursuant to § 400-38H of this chapter, the Planning Board shall not recommend approval of the minor subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Chapter 300, Stormwater Management and Erosion and Sediment Control, and § 400-71, Stormwater pollution prevention plans, of the Town Code. The Planning Board and/or the Town Board may require, however, when it is deemed necessary for protection of the public health, safety, and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the Planning Board should require that the proposed minor subdivision comply with all or some of the requirements specified for major subdivisions, it shall so state in its recommendation to the Town Board. The recommendation of approval of the plat, subject to conditions, revisions and modifications as stipulated by the Planning Board, shall not constitute Town Board approval of the subdivision, but rather, the Town Board shall be the sole authority to grant such approval.
[Amended 12-19-2022 by L.L. No. 10-2022]
(e)
Town Board decision. Upon receipt of the recommendation of the Planning Board, the Town Board shall, within 45 days thereafter, approve, modify and approve, or disapprove the proposed minor subdivision. Approval shall not be deemed final until the subdivider has complied with the provisions with respect to certification that any required public improvements have been completed or bond satisfactory to the Town Board has been posted in lieu thereof. If a SWPPP was submitted pursuant to § 400-38H of this chapter, the Planning Board shall not recommend to approve the minor subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Chapter 300, Stormwater Management and Erosion and Sediment Control, and § 400-71, Stormwater pollution prevention plans, of the Town Code.
(5)
Approval of preliminary plat of major subdivision.
(a)
Submission of preliminary plat. Six copies of the preliminary plat shall be presented to the Town Clerk at least 10 days prior to a regular meeting of the Town Board. Two copies shall be referred by the Town Board to the Planning Board for study and consideration. The preliminary plat and supporting data shall comply with the provisions of § 400-38H.
(b)
Meeting with Planning Board. The subdivider, or his duly authorized
representative, shall attend the next regularly scheduled meeting
of the Planning Board for discussion and review of the preliminary
plat.
(d)
Modifications. Within 45 days after the meeting of the Planning
Board at which the preliminary plat is reviewed, the Planning Board
shall notify the subdivider of the changes and modifications, if any,
which must be incorporated into the final plat before the Planning
Board would consider recommending approval of the proposed subdivision.
(e)
Planning Board review. The Planning Board shall study the practicability
of the preliminary plat, taking into consideration the requirements
of the community and the best use of the land being subdivided. Particular
attention shall be given to the arrangement, location and width of
streets, their relation to the topography of the land, water supply,
sewage disposal, drainage, stormwater management, lot sizes and arrangement,
the future development of adjoining lands as yet unsubdivided and
the requirements of the Master Plan, the Official Map and the Zoning
Ordinance.
(f)
Planning Board recommendation. The Planning Board shall, within 60 days or thereafter of its receipt of the preliminary plat, review the proposed major subdivision and provide comments; within 62 days or thereafter upon receipt of a complete application (including all requested amendments), the Planning Board shall hold a public hearing and conduct a state environmental quality review (SEQR). Upon a negative or positive declaration and any necessary variances being granted, the Planning Board shall forward the plat to the Town Board with its recommendations to modify, modify and approve, or disapprove the proposed preliminary plat. If a SWPPP was submitted pursuant to § 400-38H of this chapter, the Planning Board shall not recommend approval of the preliminary plat unless the SWPPP and preliminary plat comply with the performance and design criteria and standards set forth in Chapter 300, Stormwater Management and Erosion and Sediment Control, and § 400-71, Stormwater pollution prevention plans, of the Town Code. The recommendation of approval of the preliminary plat, subject to conditions, revisions and modifications as stipulated by the Planning Board, shall not constitute Town Board approval of the subdivision, but rather, the Town Board shall be the sole authority to grant such approval.
[Amended 12-19-2022 by L.L. No. 10-2022]
(g)
Town Board decision. On receipt of the preliminary plat with recommendations of the Planning Board, or after a lapse of 90 days after the preliminary plat was received by the Planning Board, the Town Board will approve, modify or disapprove the plat. If a SWPPP was submitted pursuant § 400-38H of this chapter, the Planning Board shall not recommend approval of the preliminary plat unless the plat and SWPPP comply with the performance and design criteria and standards set forth in Chapter 300, Stormwater Management and Erosion and Sediment Control, and § 400-71, Stormwater pollution prevention plans, of the Town Code. Approval of the preliminary plat shall constitute conditional approval of the subdivision by the Town Board.
(6)
Approval of final plat of major subdivision.
(a)
Submission of final plat. The subdivider shall, within six months
after the approval of the preliminary plat, file with the Town Board
six copies for approval of the subdivision plat in final form. The
final plat shall conform in all important respects with the preliminary
plat as previously reviewed by the Planning Board and previously approved
by the Town Board, and shall incorporate all modifications and revisions
specified by the Town Board in its approval of the preliminary plat.
Otherwise, the plat shall be considered as a revised preliminary plat.
If the final plat is not submitted within six months after the approval
of the preliminary plat, the Town Board may refuse to approve the
final plat and require resubmission of the preliminary plat.
(b)
Submission in sections. The Town Board may permit submission
of the final plat in sections, each covering a portion of the entire
proposed subdivision as shown on the preliminary plat, in accordance
with an approved schedule.
(c)
Application fee.
[1]
All applications for final plat approval must be accompanied
by a fee, as set from time to time by resolution of the Town Board
of the Town Lancaster, to cover the necessary engineering review fee
and other expenses incurred by the Town.
[2]
All application fees for apartment complexes, plazas, townhouses,
condominiums and other construction will be determined following approval
of the preliminary plat.
[3]
Such fees are not refundable under any circumstances.
(d)
Public hearing by the Town Board. Within 45 days after the submission
of a final plat for consideration, the Town Board shall hold a public
hearing on the plat. Notice of the hearing shall be advertised in
a newspaper of general circulation in the municipality at least five
days before such hearing.
(e)
Action of Town Board. The Town Board shall act on each plat submitted within 45 days after a public hearing on the plat, unless the time is extended by mutual consent of the applicant and the Town Board. The Town Board, by resolution, shall either conditionally approve the plat, conditionally approve the plat with modifications, disapprove the plat or grant final approval to the plat and authorize the signing of the plat. If a SWPPP was submitted pursuant to this chapter, the Town Board shall not act to approve the final plat or authorize the signing of the final plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in this chapter and Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Town Code. If the Town Board fails to act on a plat within 45 days after the public hearing, or within any extended time period agreed upon, the plat may be considered approved. Upon demand of the person submitting the plat, the Town Clerk shall issue a certificate as to the date of submission and the failure of the Town Board to take action, and that certificate is sufficient as evidence of approval.
(f)
Town Board decision. The final plat and supporting data shall
comply with the provisions of this chapter. Failure to do so shall
be cause for tabling the plat for a period of not more than six months,
within which the subdivider must conform or begin the approval process
anew.
[1]
Conditional approval. If the Town Board conditionally approves
a final plat, it shall empower a duly authorized officer of the Town
to give final approval by signing the plat upon completion of any
requirements stated in the resolution of conditional approval. Within
five days of conditional approval, the Clerk of the Board shall:
[a]
Certify the plat as conditionally approved, subject
to any requirements stated in the resolution of conditional approval.
[b]
File a copy of the plat in his office.
[c]
Mail a certified copy of the plat to the person
seeking approval, together with a certified statement of the requirements
which must be completed before the plat may be signed as finally approved.
[2]
Upon completion of those requirements, the duly authorized officer
of the Town shall sign the plat.
[3]
Conditional approval of a plat expires 180 days after the date
of the resolution granting conditional approval, unless the requirements
stated in that resolution have been certified as completed. However,
if the Town Board finds an extension is warranted by the circumstances,
the time for completion of those requirements may be extended by the
Town Board for not more than two additional periods of 90 days each.
[4]
Approval of sections. Before granting conditional or final approval
to a plat, the Board may permit the plat to be divided into two or
more sections. Each section must encompass at least 10% of the total
number of lots shown on the plat. Conditional or final approval of
the sections of a plat must be granted concurrently with conditional
or final approval of the plat. If a plat has been divided into sections,
the Town Board may, in its resolution of conditional or final approval,
require compliance with conditions as are necessary to assure the
orderly development of the plat before the sections of the plat are
signed by the duly authorized officer of the Town.
[5]
Final approval. Final approval of a plat, or a certificate of failure to act as provided for in Subsection H(6)(e) of this section, expires 30 days after the approval or issuance of certificate, unless the plat or a section thereof has been filed and recorded in the office of the County Clerk. If only a section of the plat is filed with the County Clerk, the entire approved plat must be filed with the Town Clerk within 30 days of the filing of the section with the County Clerk, or the approval or the certificate of failure to act expires. The approval or certificate expires for any section not filed with the County Clerk before expiration of the exemption period to which the plat is entitled under § 265-a of the Town Law.
(7)
Alteration after approval. No changes, erasures, modifications or
revisions shall be made in any final subdivision plat after approval
has been given by the Town Board and endorsed in writing on the final
plat, unless the said final plat is first resubmitted to the Town
Board and such Board approves any modifications. In the event that
any such subdivision plat is recorded without complying with this
requirement, the same shall be considered null and void, and the Town
Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
(8)
Filing of final plat. Upon completion of the requirements above and
notation to that effect upon the subdivision plat, it shall be deemed
to have final approval and shall be properly signed by the Town Clerk
and may be filed by the applicant in the office of the County Clerk.
Any subdivision plat not so filed or recorded within 90 days of the
date upon which such plat is approved or considered approved by reasons
of failure of the Town Board to act shall become null and void, unless
the particular circumstances of said applicant warrant the Town Board
to grant an extension which shall not exceed two additional periods
of 90 days. Such an extension must be applied for, in writing, to
the Town Board within 30 days of the expiration of the approval. If
an extension is necessary for compliance, but not sought within this
time frame, then the approval shall be rescinded. Under these circumstances,
applicants may reapply for approval.
[Amended 12-19-2022 by L.L. No. 10-2022]
(9)
Model
home permits: For the purpose of allowing the early construction of
model homes in a subdivision, subsequent to the filing of final plat
with the Erie County Clerk, but prior to the full completion and acceptance
of streets or highways giving access to the proposed structures(s),
the Town Board may, by resolution, approve the issuance of a building
permit for a model home. It may do so if it finds, after receiving
recommendations from the Town Engineer and the Code Enforcement Officer,
that such improvements have been made as are adequate in respect to
the public health, safety, and general welfare. "Adequate" improvements
shall generally mean that water lines and hydrants and sanitary sewers
are available and that there is sufficient access provided for emergency
vehicles. Similarly, the Code Enforcement Officer may issue a temporary
certificate of occupancy for the purpose of display where adequacy
of improvements is shown.
[Added 12-19-2022 by L.L. No. 10-2022]
(10)
Building permits: No building permits, other than those for a model home, as regulated in § 400-38H(9), shall be issued unless and until all improvements are installed and accepted by the Town Board as indicated in the final plat and the final plat has been recorded in the office of the Erie County Clerk.
[Added 12-19-2022 by L.L. No. 10-2022]
I.
Plat requirements; documents to be submitted.
(1)
Preliminary plat.
(a)
Scale. The preliminary plat (six copies required) shall be at
a scale of not more than 100 feet to the inch.
(b)
Information. The preliminary plat shall show or be accompanied
by the following information:
[1]
Proposed subdivision name or identifying title.
[2]
North point, scale and date.
[3]
Name of the owner of the property.
[4]
Name and stamp of the registered engineer, surveyor or architect
responsible for the plat.
[5]
Tract boundaries with bearing and distance.
[6]
Ground elevations on the tract, based on a datum plan approved
by the Town Engineer. For land that slopes less than 2%, show spot
elevations at all breaks in grade, along all drainage channels or
swales and at selected points not more than 100 feet apart in all
directions. For land that slopes 2% or more, either show contours
with an interval of not more than five feet if the ground slope is
regular and such information is sufficient for planning purposes,
or show contours with an interval of not more than two feet if the
land slope is irregular or if more detailed data is necessary for
preparing plans and construction drawings.
[7]
Subsurface conditions on the tract, if required by the Town
Board or Planning Board: location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions; depth to groundwater
less than five feet below the surface; and location and results of
soil percolation tests if individual sewage disposal systems are proposed.
[8]
Other conditions on the tract: watercourses, marshes, rock outcrops,
wooded areas, isolated preservable trees one foot or more in diameter,
houses, other buildings and other significant features.
[9]
Other conditions on adjacent land: approximate direction and
gradient of the ground slope, including any embankments or retaining
walls: power lines or towers; owners of adjacent unplatted land; and
subdivision plat names, recording date and number of adjacent platted
land.
[10]
All existing buildings, sewers, water mains, culverts,
petroleum or petroleum product lines, fire hydrants and other utilities
and other significant man-made features.
[11]
All existing streets on or adjacent to the tract,
including names, right-of-way widths, and pavement widths.
[12]
All existing property lines, easements and rights-of-way
and the purpose for which the easements of rights-of-way have been
established.
[13]
Location and width of all proposed streets, alleys,
rights-of-way and easements; proposed lot lines with approximate dimensions;
and playgrounds, public buildings, public areas and parcels of land
proposed to be dedicated or reserved for public use.
[14]
Sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses, exclusive of
single-family dwellings.
[15]
The names of owners of all abutting unplatted
land and the names of all abutting subdivisions.
[16]
Where the preliminary plat covers only a part
of the subdivider's entire holdings, a sketch shall be submitted of
the prospective street layout for the remainder.
[17]
Copies of the proposed deed restrictions, if any,
shall be attached with the preliminary plat.
[18]
Land title and survey; deed description according
to official records; names and addresses of record owners; the map
and date of the survey of the tract boundaries (including all pertinent
bearings and distances) made and certified by a registered land surveyor,
tied into established Town reference points and, where possible, related
to the state system of plan coordinates established by Chapter 545
of the Laws of 1938; and notations stating acreage, scale, North point,
datum and benchmarks, as established by Town-wide drainage study.
[19]
Key plan at a scale of one inch equals 1,000 feet,
showing locations, street layout and boundaries of the subdivision
relative to the surrounding area.
[20]
Proposed lot lines and lot numbers.
(c)
Supplementary materials. Each preliminary plat submitted for
approval must be accompanied by the following supplementary materials:
[1]
When required by the Board, the preliminary plat should include
the following (all elevations shall be based on a datum plan established
by the comprehensive Town-wide drainage study):
[a]
Profiles showing existing ground surface and proposed
street grades, including extensions for a reasonable distance beyond
the limits of the proposed subdivision.
[b]
Typical cross sections of the proposed grading,
roadway and sidewalk.
[c]
Preliminary designs of any bridges and culverts
which may be required.
[d]
Preliminary plan of proposed water mains to connect
with existing public water supply, or an alternative means of water
supply approved by the County Health Department.
[e]
Preliminary plan of proposed sanitary sewers, with
grades and sizes indicated, connecting with existing sanitary sewerage
systems, or alternative means of treatment and disposal approved by
the County Health Department.
[f]
Preliminary plan for collecting and discharging
storm drainage.
[2]
Draft of protective covenants to regulate land use in the subdivision
and to otherwise protect the proposed development if the subdivider
proposes to record such covenants.
[3]
A SWPPP, if required for the proposed subdivision under Article II of Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications or disapprove the SWPPP pursuant to this chapter. The SWPPP shall comply with the requirements of this chapter and Chapter 300 of the Town Code.
(2)
Prerequisites to approval of final plats. Except as permitted under Subsection G of this section, before final approval of a plat can be granted, the following must be completed:
(a)
Public improvements.
[1]
Each street or other public place shown on the plat must be
suitably graded and paved.
[2]
Street signs, sidewalks, streetlighting standards, curbs, gutters,
street trees, public utilities, water mains, fire-alarm signal devices
(including necessary ducts, cables and other connecting devices),
sanitary sewers, storm drains, curbs and sidewalks must be installed
in accordance with standards, specifications and procedures acceptable
to the appropriate Town departments and in conformance to the Town
of Lancaster General Specifications.
(b)
Monuments. Suitable monuments must have been placed at block
corners and other necessary points as required by the Board.
(c)
Recreation. Except as otherwise provided in this section, any
fee to the recreation development fund in lieu of parkland reservations
must be made before the plat may be approved.
(d)
Sections. If the Board has permitted the plat to be divided into sections, approval of the plat may be granted when the requirements of Subsection I(2)(a), (b) and (c) of this section are met with respect to the first section of the plat to be filed with the County Clerk. However, no construction may begin in any other portion of the tract until the requirements of Subsection I(2)(a), (b) and (c) of this section have been met with respect to the appropriate section of the plat and that section of the plat has been filed with the County Clerk.
(3)
Final plat.
(a)
Size and legibility.
[1]
Ten copies of the subdivision plat submitted for final approval
shall be a clear, legible, white print or an ink drawing.
[2]
Final plat shall be on linen or canvas-backed paper sheets not
larger than 20 inches by 40 inches overall. It is recommended that,
as far as practicable, final plat sheets be held to the following
overall sizes: 20 inches by 20 inches and 20 inches by 40 inches.
Where necessary to avoid sheets larger than the maximum size prescribed
above, final plats shall be drawn in two or more sections accompanied
by a key diagram showing the relative location of the sections.
(b)
Scale and information.
[1]
The final plat shall be at a scale of not more than 100 feet
to the inch, and shall include the following information:
[a]
Subdivision name or identifying title.
[b]
North point, scale and date.
[c]
Primary control points, approved by the Town Engineer,
or descriptions and ties to such control points, to which all dimensions,
angles, bearings and similar data on the plat are referred.
[d]
Name and address of the record owner and subdivider.
[e]
Name and seal of the registered professional engineer
or surveyor responsible for the plat.
[f]
Boundaries of the tract.
[g]
Street lines, lot lines, rights-of-way, easements
and areas dedicated or proposed to be dedicated to public use.
[h]
Sufficient data to determine readily the location,
bearing and length of every street, lot and boundary line, and to
reproduce such lines on the ground.
[i]
The length of all straight lines, radii, lengths
or curves and tangent bearings for each street.
[j]
Purposes of any easements, other rights-of-way
and sites, other than residential lots which are dedicated or reserved.
[k]
The proposed building setback line for each street,
or the proposed placement of each building.
[l]
Location and width of all private driveways.
[m]
Location, size and invert elevation of all sanitary
and storm sewers, and the location of all manholes, inlets and culverts.
[n]
All dimensions shall be shown in feet and in hundredths
of a foot.
[o]
Cross sections and profiles of streets, drains
and sewers showing grades approved by the Town Engineer. The profiles
must be drawn to standard scales and elevations and based on a datum
plan supplied by the comprehensive Town- wide drainage study.
[p]
Lot numbers.
[q]
Names of streets within and adjacent to the subdivision.
[r]
Permanent reference monuments shall be shown and
specified by the Engineer.
[s]
Certification by a registered land surveyor (with
his name, address, New York State license number and seal) certifying
to accuracy of survey and plat.
[t]
Wherever practicable, the names of any adjoining
subdivisions shall be shown.
[u]
Wherever practicable, the names of the owners of
any contiguous unplatted land shall be shown.
[v]
Certificate of approval by the Erie County Health
Department.
[w]
Certificate of dedication of streets and other
public property.
[x]
Certificate of approval by the Town Engineer.
[y]
Certificate of approval by the Highway Superintendent.
[z]
Certificate of approval by the Planning Board.
[aa]
Evidence of review by the Erie County Planning
Board.
[bb]
Certificate for approval by the Town Board.
[2]
Accompanying documents. The final plat shall include thereon
or be accompanied by:
[a]
An affidavit that the applicant is the owner or
equitable owner of the land proposed to be subdivided.
[b]
A statement duly acknowledged before an officer
authorized to take acknowledgements of deeds and signed by the owner
or owners of the property, to the effect that the subdivision as shown
on the final plat is made with his or their free consent and that
it is desired to record the same.
[c]
Certification by the engineer that the subdivider
has met the requirements of this chapter.
[d]
Certification by the Erie County Health Department
that water and sewage disposal has met its requirements.
[e]
Typical cross sections, street profiles and drainage
details for all streets. Such profiles shall show at least the following:
the existing (natural) grade along the proposed street center line;
the existing (natural) grade along each side of the proposed street
right-of-way; the proposed finished center-line grade or proposed
finished grade at the top of curbs; the sanitary sewer mains and manholes;
and the storm sewer mains, inlets, manholes and culverts.
[f]
Protective covenants, if any, in form for recording,
including covenants governing the maintenance of unceded public spaces
or reservations, if such covenants are to be recorded.
[g]
Offers of cession in a form certified as satisfactory
by the Town of Lancaster Attorney of all land included in streets,
highways or parks not specifically reserved by the subdivider. Approval
of the final plat by the Town Board shall not constitute an acceptance
by the Town of Lancaster of the dedication of any street, highway
or park or another open public area.
[h]
A statement by the Town Attorney approving the
legal sufficiency of all offers of cession, of all covenants governing
the maintenance of unceded public space or sewer districts and of
any bond offered in lieu of the completion of required subdivision
improvements.
[i]
Other requirements. Such other certificates, affidavits,
enforcement or other agreements as may be required by the Town Board
in the enforcement of these regulations. In special cases where there
are potential hazards of flooding or other hazards, in the opinion
of the Town Engineer, the Town may require the services of an independent
engineer or expert to recommend conditions under which the subdivision
may be approved. The expense of such engineer or expert shall be borne
by the subdivider.
[j]
A SWPPP, if required for the proposed subdivision under Article II of Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Town Code, together with the recommendation of the Stormwater Management Officer (SMO) to approve, approve with modifications, or disapprove the SWPPP. Such SWPPP shall comply with the requirements of this chapter and Chapter 300 of the Town Code.
J.
Variances.
(1)
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of these regulations, the
Town Board shall have the power to vary or modify the application
of any of the requirements herein relating to the use, layout and
platting of land for subdivisions, so that the spirit of the regulations
shall be observed, public safety and welfare secured and substantial
justice done.
(2)
Applications for modifications and variances shall be submitted,
in writing, by the subdivider at the time the preliminary plat or
final plat is filed with the Town Board. The application shall state
fully the grounds and all the facts relied upon by the applicant.
K.
Penalties for offenses.
(1)
Any person or corporation who shall violate any of the provisions
of this chapter or fail to comply therewith or with any of the requirements
thereof, or who shall build or alter any building in violation of
any detailed statement of plan submitted and approved hereunder, shall
be guilty of a Class A misdemeanor, as defined in the New York State
Criminal Procedure Law, punishable by a fine not exceeding $1,000
or imprisonment for a period not to exceed one year, or both.
(2)
Each week's continued violation shall constitute a separate additional
offense. The owner or owners of any building or premises or part thereof
where anything in violation of this chapter shall be placed or shall
exist, and any architect, builder, constructor, agent, person or corporation
employed in connection therewith and who may have assisted in the
commission of any such offense shall be guilty of a separate offense
and, upon conviction thereof, shall be fined or penalized as herein
provided.
A.
No lot shall be divided so that the yards or other required open
spaces shall be smaller than required by this chapter.
B.
Flag lots.
(1)
Definition. A lot shaped like a flag on a pole, where the "pole"
does not meet the minimum lot width requirement. The flag-shaped area
is the portion of a lot where all structures may be located (the "flag").
The pole-shaped area is the portion of the lot by which vehicular
access to the flag area from its adjoining road is located (the "pole").
An example of a flag lot is below.
 |
(2)
Prohibition. No boundary line adjustment, lot line adjustment, subdivision
approval, or any other approval shall be granted which has the effect
of creating one or more flag lots.
(3)
Nonconforming flag lots. Flag lots in existence as of the effective
date of this section shall constitute nonconforming lots, provided
that the pole does not meet minimum frontage requirements for the
district in which the lot is located.
(4)
Site plan review pursuant to § 400-75 is required prior to the issuance of any building permit on a flag lot. In addition to the standards set forth in § 400-75, the Planning Board and the Town Board shall apply the following standards:
(a)
Flag requirements.
[1]
The minimum area of the flag shall be 1.5 times greater than
that required in the zone and shall constitute the buildable area.
The area of the pole shall not be included in calculating the buildable
area.
[2]
The minimum building setbacks shall be equal to the minimum
setbacks of the zone measured within the buildable area.
(b)
Pole requirements.
[1]
The minimum width shall be 30 feet.
[2]
The pole shall not cross or encroach upon any waters, wetland,
or similar topographic features without provision of an adequate structure
approved by the Town Engineer and any appropriate outside agencies.
[3]
The pole shall lie along a property line which is significantly
perpendicular to the public street. In no instance will one pole be
abutting another.
[4]
Parking of vehicles is prohibited in any portion of the pole.
(c)
Access driveway.
[1]
The access drive shall be contained within the flagpole.
[2]
The access drive shall have a minimum width of 12 feet. Driveways
shall be set back at least five feet from the adjacent property line(s).
[3]
The access drive shall be paved from the front yard setback
of the zone to the edge of the pavement in the public right-of-way.
At minimum, the remainder of the access drive shall be surfaced with
stone to a minimum depth of six inches compacted over a firm subbase.
[4]
Prior to the issuance of a building permit, stone shall be placed
from the public street for a distance of 50 feet to prevent dirt from
tracking onto the public street.
[5]
Prior to the issuance of a certificate of occupancy, the access
drive shall be constructed to the point necessary to provide access
to the affected lot.
[6]
A vegetative visual buffer, approved by the Town Forester, beginning
at the front yard setback line from the public right-of-way extending
to the buildable portion of the flag lot shall be planted on the side
of the access drive nearest the property line of the adjacent lot.
(d)
Premises identification. The address identification shall be
legible and placed in a position that is visible from the road fronting
the property.
(e)
Location of utilities. Utilities must be depicted and approved
on the site plan.
(f)
Drainage plan. Grading and drainage systems must discharge to
a public or other appropriate stormwater system approved by the Town
Engineer.
In any commercial or industrial district where outdoor storage
is permitted, the yard and landscaping requirements for parking, loading
and stacking areas shall apply to the storage areas.
A.
As permitted elsewhere in this chapter, composting or other outdoor
storage of yard waste and/or vegetative material is subject to the
issuance of a special use permit by the Town Board on the condition
that each such facility:
(1)
Shall be carried out on a parcel of at least 100 acres.
(2)
Shall be located at least 1,000 feet from any adjacent use which
is nonagricultural and nonresidential in nature and from any dedicated
highway.
(3)
Shall be located a distance of at least 1,500 feet from any adjacent
use which is residential in nature.
(4)
Shall be surrounded completely by a berm a minimum of 15 feet in
height from existing ground level, and any material being stored shall
not exceed five feet in height.
(5)
Shall include a well-maintained asphalt or concrete drive at least
20 feet in width, running from the nearest dedicated highway to the
site and with sufficient access for heavy fire and rescue apparatus
to all areas of said facility.
(6)
Shall provide access to a fully functioning fire hydrant within 500
feet of any compost material storage and capable of supplying an adequate
water supply for the purpose of fire suppression and shall be subject
to acceptance and approval by the Chief in whose fire district the
facility is located.
(7)
Shall provide for containment, collection, and disposal for refuse
of all leachate from the stored materials. Said leachate shall be
prevented from migrating off site and from contaminating soil or groundwater
on site.
(8)
Shall only be permitted to engage in aerobic composting processes.
Anaerobic composting shall not be permitted.
(9)
Shall provide a performance bond to the Town of Lancaster as a part
of the special use permit in the sum of not less than $1,000,000,
which must be renewed on an annual basis. Posting of the security
may be by cash bond or its equivalent from a surety found acceptable
by the Town Board.
(10)
Shall submit detailed closure plans to the Town of Lancaster
at least 90 days prior to the planned closure date. Such plans shall
include the proposed closure date and the plan for removal of materials
and cleanup of the site. The performance bond shall remain in effect
until such time as the Town Board is satisfied that the closure of
the facility has been completed in strict conformance with the plan
approved by the Town Board.
(11)
The issuance of the special use permit shall be subject to permit
fees of $1,000 for less than one acre of composting use, or for larger
uses, $3,000 for the first acre of composting use plus $2,000 for
each additional acre of composting use.
