Town of Chili, NY Supplementary Regulations

Every hospital, hotel, commercial or industrial building hereafter erected or established having a gross floor area of 5,000 square feet or more shall provide and maintain at least one off-street loading berth plus one additional off-street loading berth for each additional 10,000 square feet of gross floor area. Any use requiring 1/2 or more of a loading berth shall be deemed to require the full space. Each loading berth shall not be less than 14 feet in width, 60 feet in length and 15 feet in height. These requirements apply to each separate occupancy and are exclusive of driveways, aisles and other necessary circulation areas.

Every Planned Institutional Development (PID) District building hereafter erected or established must provide adequate off-street loading area. Loading berths shall be provided for each institutional building of 100,000 square feet or more of gross space. Such berths shall be provided at the rate of one berth for each 100,000 square feet of gross space or portion thereof. Each loading berth shall not be less than 14 feet in width, 60 feet in length and 15 feet in height. These requirements apply to each separate occupancy and are exclusive of driveways, aisles, off-street loading areas and other necessary circulation areas.

Off-street parking. Off-street parking spaces shall be provided and maintained as set forth in this section for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time:

A new building is hereafter erected or enlarged.

A building existing on the effective date of this chapter is enlarged to the extent that the cost of construction exceeds 50% of the market value of the building as shown on the Town of Chili Assessor's records or to the extent that the building's capacity is increased by more than 50% in terms of the units used in the requirements column of the table in Subsection C.

The use is changed to another use with greater parking requirements, provided that, if the enlargement of a building existing at the time hereof is less than 50%, parking space shall be provided in proportion to the increase only. Any use requiring 1/2 or more of a parking space shall be deemed to require the full space.

Number of spaces required. Off-street parking spaces shall be provided as follows:

Residential.

Use	Minimum Requirements
1- and 2-family dwelling	3 spaces per dwelling unit
Multifamily dwelling	2 spaces per dwelling unit
Apartment, hotel, rooming house or boardinghouse	1 space for each guest accommodation, plus 1 additional space per 2 employees
Mobile homes	2 spaces per unit
Dormitories or other housing for single students, including fraternity and sorority houses	1 parking space for each 3 beds

Business residential.

Use	Minimum Requirements
Hotel and motel	1 space per guest room plus 1 space per 2 employees
Club, lodge	Spaces to meet the combined requirements of the uses being conducted, such as hotel, restaurant, auditorium, etc.

Institutions.

Use	Minimum Requirements
Welfare or correctional institution	1 space per 3 beds for patients or inmates
Convalescent hospital, nursing home, sanitarium, rest home, home for the aged	1 space per 3 beds for patients or residents, 1 for each 2 employees or staff doctors
Hospital	3 spaces per 2 beds
Medical and dental clinic	1 space for every 200 square feet of floor area
Classrooms, libraries and laboratories	1 parking space for each 15 seats or student stations
Administrative or other offices	1 parking space for each 400 square feet of gross floor area

Place of public assembly.

Use	Minimum Requirements
Church	1 space per 4 seats or 8 feet of bench length in the main auditorium
Swimming pool: public, community or club	1 space for each 5 persons plus 1 for each 4 seats
Library, reading room	1 space per 300 square feet of floor area plus 1 space per 2 employees
Preschool nursery	2 spaces per teacher
Commercial school for adults	1 space per 3 seats in classrooms
Other auditorium, meeting room	1 space per 4 seats or 8 feet of bench length

Business amusements.

Use	Minimum Requirements
Stadium, arena, theater	1 space per 4 seats or 8 feet of bench length
Bowling alley	6 spaces per lane plus 1 space per 2 employees
Dance hall, skating rink	1 space per 100 square feet of floor area plus 1 space per 2 employees

Business.

Use	Minimum Requirements
Retail store and grocery store (except supermarkets and stores selling bulky merchandise) and grocery stores 1,500 square feet gross floor area or less	1 space per 200 square feet of gross floor area but not less than 4 spaces
Automobile service station	1 space for each 2 gas pumps and 2 for each service bay
Supermarkets, grocery store over 1,500 square feet gross	1 space per 75 square feet of floor area
Service or repair shop, retail store and outlet selling furniture, automobile or other bulky merchandise where the operator can show that bulky merchandise occupies the major area of the building	1 space per 400 square feet of floor area
Bank, office (except medical and dental)	1 space per 200 square feet of floor area plus 1 space per 2 employees
Eating or drinking establishments	1 space per table or 1 for each 200 square feet of floor area or 1 space per 4 seats whichever is greater
Mortuary	30 for 2 parlors, 10 per each additional parlor

Industrial.

Use	Minimum Requirements
Storage warehouse, the manufacturing establishment, air, rail or trucking freight terminal	1 space per employee on the maximum shift or 1 per each 400 feet of gross floor area, whichever is greater
Wholesale establishments	1 space per employee plus 1 space per 700 square feet of patron serving area

Other uses not specifically listed above shall furnish parking as required by the Planning Board. The Planning Board shall use the above list as a guide for determining requirements for said other uses.

In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking shall be the sum of the requirements of the several uses computed separately. If a portion of the floor area, not less than 100 contiguous square feet, in a retail store will be used exclusively for storage of merchandise which is not being displayed for sale, such space may be deducted in computing parking requirements but the owner shall not thereafter use the space for any other purpose without furnishing additional off-street parking as required by this chapter.

The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point of time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use.

In the event the applicant demonstrates to the Planning Board under the site plan approval process in Article V that his initial needs for parking are less than that which is required, the Planning Board may permit such limited parking only if adequate space is reserved to implement such required parking at full development or at any future time.

Location of parking facilities. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other parking spaces shall be located on the same parcel or on another parcel not farther than 250 feet between the car door and the door of the building (or use they are intended to serve) measured in straight lines. The burden of proving the existence of such off-premises parking arrangements rests upon the person who has the responsibility of providing parking.

Use of parking facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles, materials or for the parking of trucks used in conducting the business or use.

Parking, front yard. Unless otherwise provided, parking and loading spaces shall not be located in a front yard, except in the case of a single- or two-family dwelling, but such space may be located within a side or rear yard.

Development and maintenance standards for off-street parking areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows:

An off-street parking area for more than five vehicles shall be effectively screened by a sight-obscuring fence, hedge or planting on each side which adjoins property situated in a residential district or the premises of any school or like institution.

A parking space shall have minimum rectangular dimensions of 9.5 feet in width and 19 feet in length, unless otherwise directed by the Planning Board. Said parking space shall be permanently marked by paint or other permanent marking contrasting with the paved surface and a minimum of four inches in width. Space requirements for various parking angles shall be as specified in the Traffic Engineering Handbook published by the Institute of Traffic Engineers, and it shall be based on the above requirements.

Any parking area which is intended to be used during nondaylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property. The Planning Board will review and approve all exterior lighting according to the provisions of Article V to determine the adequacy of such lighting, appropriate timing when such lights shall be turned on and off and the placement of security and safety lighting.

Except for single-family dwellings, any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward motion. Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.

The required number of parking and loading spaces as set forth in this section, together with driveways, aisles and other circulation areas, shall be improved with acceptable, impervious materials or larger aggregate asphalt material or similar material to provide a durable and dust-free surface.

All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways.

The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash and other debris. This is a continuing obligation of the property owner.

The parking of a disabled vehicle within a residential or commercial district for a period of more than one week shall be prohibited unless such vehicle is stored in an enclosed garage or other accessory building.

Automotive vehicles, ancillary vehicles, recreation vehicles and boats without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings or under an opaque cover.

The private parking or storage of an ancillary vehicle, recreation vehicle or boat is permissible in all districts, provided the parcel contains a dwelling unit, the vehicle is owned or leased by a resident of the premises, registered and in operable condition.

Storage of an ancillary vehicle, recreation vehicle or boat on private property shall additionally comply with the following:

Such vehicle/boat shall be leased or owned by a resident of the premises.

[2]

Such vehicle shall not be a junk vehicle as defined in Chapter 460, Vehicles, Abandoned, of the Chili Town Code.

[3]

No more than one ancillary vehicle, recreation vehicle or boat shall be located in the front yard in the aforementioned districts.

[4]

Such vehicle shall be parked no closer than 20 feet to any public sidewalk or street.

[5]

One additional ancillary vehicle, recreation vehicle or boat may be stored on the property. Side yard storage is permitted, provided it be stored parallel to the principal structure, within 10 feet of the principal structure and (providing any portion of the vehicle/boat does not protrude beyond the front facade of the side in which it is located) or rear yard storage (provided it complies with the minimum setback requirements for accessory structures of the district, and in compliance with other provisions of this chapter.

The parking and storage of ancillary vehicles, recreation vehicles or boats not leased or owned by the property owner on any parcel is prohibited, except for public storage facilities as permitted in § 500-20 of the Chili Town Code.

The parking and storage of ancillary vehicles, recreation vehicles and boats shall not modify or alter existing tract or deed restrictions, restrictive covenants or private contractual agreements.

No ancillary vehicle, recreation vehicle or boat shall be used for residential purposes, except that visitors with vehicles equipped with sleeping quarters may sleep in them for a period not to exceed 14 days.

SIGN, NONCOMMERCIAL SPEECH

In all parking areas of more than five vehicles, parking shall be so distributed as to service the individual units or businesses. There shall be no more than 250 feet between car and door.

§ 500-44 Purpose of sign regulations.

The purpose of this section is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation. It is further the purpose to distinguish between free speech and commercial speech signage, ensure the protection of property values, the character of the various neighborhoods, to create a convenient, attractive and harmonious community, to compliment the Comprehensive Plan, to provide for free speech and ensure the safety and welfare or pedestrians and vehicular traffic. It is also the purpose of this section to provide equitable methods of business identification and in support of (to sustain) economic development.

§ 500-45 Intent of sign regulations.

It is the intent of these regulations to require that all signs shall be legible, attractive and compatible with the sign's surroundings. The appearance, character and quality of the community is affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their information clearly and simply to enhance their surroundings.

§ 500-46 Definitions for sign regulations.

As used in these regulations, the following terms shall have the meanings indicated:

ADVERTISING STRUCTURE

Any notice or advertisement, pictorial or otherwise, and any structure used as or for the support of any such notice or advertisement, for the purpose of making anything known about goods, services or activities not on the same lot as said advertising structure.

BILLBOARD

The same as "advertising structure."

MESSAGE SIGN

A noncommercial advertising sign expressing the opinion or philosophy of the owner or occupant of the subject property regarding social or economic causes.

POLITICAL SIGN

A sign that, by its content, promotes or supports a candidate or candidates for any public office or which advocates a position on upcoming ballot propositions.

POSTER

A sign relating to a single event or activity of a not-for-profit organization, such as a church or scout troop.

SIGN

Any outdoor advertising medium, structure or device which advertises, directs or calls attention to any business, article, substance, service or any other thing which is painted, printed, pasted, posted, or affixed to any building, billboard, wall, fence, railing, natural object or structure of any kind on real property or on the ground itself. Also included are portable signs, whether on their own trailer, wheels or otherwise, designed to be movable, but excluding motor vehicles. Any architectural style, structural alteration or specific coloration of a building or structure which calls attention to a specific place of business by such means shall be considered to be additional signage and shall be subject to the regulations of this section.

SIGN, COMMERCIAL SPEECH

Any sign erected that identifies or pertains to a commercial enterprise or a product, commodity or service offered by a commercial enterprise.

Any sign, other than a commercial speech sign, as defined herein, used to attract attention to a site. Such signs shall include but not be limited to political, public safety, religious, charitable or other freedom of speech types of signage.

§ 500-47 Compliance with sign regulations.

Sign classifications purpose. All signs within the Town shall be classified as either commercial speech or noncommercial speech signs based upon their purpose.

Building Code. All signs shall comply with applicable regulations of the New York State Uniform Fire Prevention and Building Code regarding construction, erection and electrical needs. No permanent sign shall be erected or placed on a site until a sign permit has been issued by the Director of Planning, head of the Building Department, or similar officer or designee, unless otherwise indicated herein.

Preexisting signs. Signs erected or maintained prior to the effective date of these regulations, and not complying with these regulations, which are legally nonconforming according to the definition of same in § 500-101, or for which a permit has previously been issued, are nonconforming uses and/or structures and are subject to Article VIII, Nonconforming Uses, of this chapter. It is the intention of these regulations that such signs shall be permitted to continue until such time as they are substantially altered or replaced.

§ 500-48 Sign permits.

Permits required. Except for those signs identified under this § 500-48 and/or those preexisting signs identified under § 500-47C, all signs shall require a sign permit to be issued in accordance with the provisions of these regulations prior to erecting and maintaining such sign in the Town.

Responsible officer. The Director of Planning, head of the Building Department, or similar officer or designee is responsible for the issuance of all sign permits which comply with the provisions of these regulations and with the Building and Electrical Codes of the Town of Chili and the State of New York.

Sign site plan approval. The Director of Planning, head of the Building Department, or similar officer or designee shall refer all applications for commercial speech sign permits that involve more than two signs per building or site to the Town of Chili Planning Board for sign site plan approval. The Planning Board shall have the authority to approve all sign site plans in accordance with the procedures established in Article V of this chapter.

Signs not requiring a permit. The following types of signs shall be permitted in any district without the issuance of a permit:

Except as elsewhere provided for herein, signs not exceeding one square foot in area and bearing property numbers, names of occupants of premises, or other identification of premises.

Signs regulating the use of a property, such as "no hunting," "no fishing," etc., of no more than two square feet.

Signs directing and guiding traffic for service and parking on private property, not to exceed three square feet in area and height of not more than 42 inches measured from the ground level to the top of the sign. Not more than two such signs shall be permitted at a driveway entrance. Signs required under the American with Disabilities Act[1] shall comply with ADA guidelines.

Editor's Note: See 42 U.S.C. § 12101 et seq.

A temporary sign announcing special public or institutional events sponsored by a religious or community service organization may be erected for a period not exceeding 90 days prior to the event. Such signs must be removed within seven days after the end of the event.

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into masonry surfaces or when constructed of bronze, stainless steel, or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations; not exceeding six square feet.

A single flag or insignia of any government.

Legal notices, identification, informational or directional signs erected or required by governmental agencies.

Private-owner merchandise sale signs for garage sales and auctions, not exceeding four square feet. Signs shall be erected no sooner than 72 hours prior to the sale and removed within 24 hours after such sale. In no case shall the total sale period exceed 10 consecutive days.

Signs at gasoline stations that are integral graphics or attached price signs on pumps and other sign as mandated by regulatory agencies.

A temporary commercial pennant or banner, advertising a special event, not to exceed 32 square feet in area and not to exceed two per location, may be erected for a period not to exceed 60 days and for no more than two such periods in any calendar year.

A nonilluminated temporary sign, not exceeding 32 square feet in area, announcing the erection of a building, the architect, the builder or contractor, may be erected for a period of 60 days, plus the time of the construction period.

Real estate signs, advertising the sale, lease or rental of improved premises or unimproved land upon which the sign is located shall be allowed, one for each frontage. The area of the sign shall not exceed 16 square feet. In the case of residential property, the height of the sign shall not exceed seven feet; in the case of nonresidential property, the height of the sign shall not exceed 12 feet above grade. The sign may have printing on both sides.

One temporary freestanding open-for-inspection sign shall be permitted only during those hours when such property is actually available for public inspection and only if located upon the premises. Additional freestanding open-for-inspection signs shall be permitted at intersections of those streets directly leading to the property only during those hours in which the property is actually available for inspection. Such signs shall not be attached to any highway sign, utility pole or placed so as to cause a traffic hazard.

A sign not exceeding 32 square feet in area for each church, educational institution, or professional center, and not exceeding 20 feet in height measured from the ground to the top of the sign.

Political signs not to exceed a total of 24 square feet. Such signs may be erected up to 48 days prior to the first day in which ballots are accepted by the Board of Elections for any election and must be removed no later than seven days after the election.

(16)

Noncommercial message signs expressing the opinion or philosophy of the owner or occupant of the property regarding religious, social, or economic causes, not to exceed a total of 16 square feet.

(17)

Street address identification numbers in compliance with § 500-50C and Chapter 195, Buildings, Numbering of.

Sign permit expiration. A sign permit issued by the Director of Planning, head of the Building Department, or similar officer or designee for the erection of a sign shall be valid until such time as the sign is removed, replaced or altered. If work is not commenced within 90 days or if said sign is not erected within that one-year time period, said sign permit shall become void and the owner shall apply for a new sign permit which shall be subject to these regulations and the payment of a new sign permit fee.

§ 500-49 Sign permit applications.

All applications for a sign permit shall be made in writing upon forms prescribed and provided by the Director of Planning, head of the Building Department, or similar officer or designee and shall contain the following information:

Name, address and telephone number of the owner.

The location of any building or structure upon which the sign is to be erected.

A detailed drawing or print to a scale not exceeding one inch equals one foot showing the construction details of the sign, the lettering and/or pictorial matter and the position of lighting or other extraneous devices; and a location plan drawn to a scale not exceeding one inch equals 20 feet showing the position of the sign on any building or structure, including building elevation, any private or public street or highway adjacent to the site.

The zoning district in which the sign is to be placed and reference cited to the sign requirements as contained in this chapter.

Identification of all other signs on said land and notation whether those other signs are conforming, nonconforming, or legally nonconforming.

Written consent of the owner of the building, structure or land to which or on which the sign is to be erected.

The applicant's signature attesting to the accuracy of the application.

The Director of Planning, head of the Building Department, or similar officer or designee's review of all sign permits shall be based upon the completed application form, any accompanying photos, drawings and a site inspection.

Upon receipt of a completed sign permit application, the Director of Planning, head of the Building Department, or similar officer or designee shall:

Review the design, size and location of the proposed sign to determine whether the proposed sign is in violation of any of the regulations or restrictions set forth in this chapter.

Grant or deny the application within 30 days of receipt of a complete application.

§ 500-50 Sign standards.

The following sign standards shall apply to all types of signs erected, altered, relocated or maintained within the Town of Chili.

Architectural harmony. Commercial speech signs and their supporting structure shall be in harmony architecturally with both the surrounding structures and signs.

Changeable-copy signs. Changeable-copy signs (commonly known as "bulletin boards"), not exceeding 40 square feet in area, for any government, religious or charitable organization located within the Town shall be allowed when such signs are in conformance with all other restrictions for the zone district. All changeable-copy signs require a sign permit. Changeable-copy signs are not permitted to be used by commercial enterprises.

No permanent or temporary sign shall be erected or placed in such a manner as to confuse or obstruct the view of any traffic sign, signal, or device.

All illuminated signs shall employ only a light of constant intensity and no sign shall be illuminated by or contain a flashing, intermittent, rotating, or moving light or lights. In no event shall an illuminated sign or lighting device, such as a ground spotlight, be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or create a public nuisance.

All illuminated signs or lighting devices for signs shall be placed or directed so as to be localized and unobtrusive and shall be turned off at the later of 11:00 p.m. or the close of business.

Lighting angle. If exterior sign lighting is provided, it shall be arranged to reflect away from the surrounding property and away from public ways. No lighting of any sign shall cause glare to extend on to any public right-of-way or adjacent property.

Lighting intensity. The intensity of the light source shall not exceed that necessary to illuminate and make legible a sign from the public ways. Signs constituting a traffic hazard are prohibited.

Maintenance. Maintenance of a conforming sign or a legally nonconforming sign shall not be considered an erection or alteration so long as a structural change is not made.

The use of spinners, streamers or moving, flashing, glittering, reflective, or rotating signs is not permitted.

The use of A-frame signs is prohibited with the exception of temporary open-house signs.

Any sign or billboard directing attention to a business or products sold elsewhere than on the same lot shall be permitted, provided that said sign or billboard does not exceed 32 square feet in area, does not exceed five feet in height, and is not illuminated.

No sign shall be installed, erected, or attached in any form, shape, or manner to a fire escape or to any door or window providing access to any fire escape.

No wall sign shall extend beyond the extremities of the wall to which it is attached.

All signs shall be limited to a maximum of four colors. A color illustration of the sign shall be presented to the Town to determine its appropriateness at the time of application for a sign permit.

No permanent or temporary sign shall be erected or placed at or near the intersection of any streets, except in compliance with the requirements of § 500-55, or in any ease in such a manner as to cause a traffic hazard.

Size and quantity.

Residential districts. Unless otherwise specified in this chapter, permitted nonresidential and legal nonconforming nonresidential uses may display no more than one sign, of no more than 16 square feet in area, secured directly to a face of the building. Freestanding signs shall not be permitted.

Nonresidential districts:

Wall signs. Unless otherwise specified in this chapter, commercial, industrial and other nonresidential establishments shall be permitted one sign, of no more than 100 square feet in area, or 1 1/2 square feet for each linear foot of building frontage facing toward a public street, whichever is less, secured directly to a face of the building. In the event that a building is on a corner or otherwise faces more than one public street, a second sign, of no more than 1/2 of the size of the first, shall be permitted.

Calculation of sign area. Sign area shall be calculated according to the area within the shortest lines that can be drawn forming a rectangle around the outside perimeter of a sign, including all decorations, lights or other design elements, but excluding any supports not used for advertising purposes. If a sign has more than one face, all faces shall be counted in calculating the area.

Public safety signage required in all districts. Every principal building or structure shall have street address identification numbers displayed in compliance with the requirements of Chapter 195, Buildings, Numbering of, of the Code of the Town of Chili. Street address identification numbers are exempt from these sign regulations when placed in compliance with these standards.

Monument signs. Monument signs are a type of freestanding sign and are typically used where building setbacks, orientation or design make it difficult to provide other types of signage, such as wall signs, that are plainly visible to people that are trying to identify a use. Monument signs usually have a solid base that the sign face is installed upon. They may also be suspended between two posts as is typical for professional offices. These signs shall be designed so that the style of the sign and its base are consistent with the architecture of the buildings on the site. They are typically oriented perpendicular to the adjacent street and sidewalk and have a maximum of two parallel sign faces. Monument signs shall be landscaped to enhance their appearance. They shall comply with the following additional standards:

Prohibited: Monument signs are prohibited in residential districts.

Permitted: Monument signs are permitted in nonresidential districts.

Number permitted: One monument sign is permitted per lot. However, where two or more parcels are part of a common plan of development (e.g., shopping center, industrial park, office park), then the lot owners shall share one monument sign.

Dimensional requirements. Dimensional requirements shall be as follows:

Front yard: a minimum setback of 15 feet.

Height: a maximum of five feet.

Area: a maximum of 16 square feet per side of sign or 32 square feet in total combined surface area for a two-sided sign.

Lighting: Monument signs shall be externally lit with the use of shielded fixtures mounted directly above or below the sign area which direct light at the immediate sign surface, such as with gooseneck lamps. Internally illuminated sign cabinets are prohibited.

Street numbers: All monument signs shall display the street number(s) for the lots to which they relate.

Additional application requirements: In addition to the requirements of § 500-49, no application for a monument sign shall be deemed complete until it has first been referred to the Architectural Advisory Committee for its review and report. Upon referral, said Committee shall have up to 60 days to offer a report to the Director of Planning, the head of the Building Department or a similar officer or designee. The Committee shall report whether or not it finds that the proposed sign meets the standards of this section and Chapter 12, Architectural Advisory Committee, of the Code. The Committee may also impose conditions of its approval in furtherance of those standards. The applicant may appeal the Committee's decision to the Zoning Board of Appeals within 30 days. In the absence of a successful appeal, a negative finding shall result in the denial of the application. If the Committee makes a positive finding, then the Director of Planning, the head of the Building Department or a similar officer or designee may continue its review of the application pursuant to § 500-49 and subject to the conditions of the Committee's approval.

§ 500-51 Sign fees.

All fees associated with these regulations shall be established and maintained by the Town Board and made part of the Town's Fee Schedule, which is on file in the Town Clerk's office. The Town Board, by resolution, may waive the fee for a sign permit for nonprofit organizations.

§ 500-52 Removal of signs.

The owner of any sign that no longer serves a purpose for which a permit was issued or is otherwise in violation of the provisions hereof shall be notified, in writing, by the Director of Planning, head of the Building Department, or similar officer or designee, to either:

Remove the sign within 30 days of such notice; or

Otherwise correct the specified unsatisfactory condition in the manner stated by the Director of Planning, head of the Building Department, or similar officer or designee.

If the aforementioned notice is not appealed within 30 days of the date of the written notice, the notice automatically becomes an order and shall be enforced in accordance with the provisions of this chapter.

Signs causing immediate peril. The Director of Planning, head of the Building Department, or similar officer or designee, upon written notice, may require any sign to be removed which is a source of immediate peril to persons or property. Failure to comply will serve as an authorization to the Director of Planning, head of the Building Department, or similar officer or designee to remove or cause removal of such sign, with all costs and expenses charged to the owner.

Signs that are not required to obtain a permit that are in violation of the provisions hereof are subject to removal by the Director of Planning, head of the Building Department, or similar officer or designee.

§ 500-53 Sign maintenance.

All signs in the Town of Chili shall be properly maintained at all times. The Director of Planning, head of the Building Department, or similar officer or designee shall have the authority to order the painting, repair or removal of a sign and accompanying landscaping which constitutes a hazard to safety, health or welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Notification shall be by certified mail. If the maintenance notice is not complied with within 15 days, it shall become an order to abate the sign or perform the maintenance or repair specified therein.

§ 500-54 Fences, walls, hedges and screen planting.

Fences, walls, hedges and screen planting are permitted as follows:

In any front yard, provided that they do not exceed four feet in height above the elevation of the top of the curb or surface of the ground at that point. Fences installed on a patio or deck shall be measured from the floor level of that structure. Fences installed around perimeters of working farms will be allowed a six-foot-high fence in the front setback area.

In any rear or side yard, provided that they do not exceed six feet in height above the surface of the ground at that point. Fences installed on a patio or deck shall be measured from the floor level of that structure.

On a corner lot, no fence, wall, hedge or screen planting over four feet in height shall be constructed within the yards adjacent to the streets.

Fences, walls, hedges or screen plantings may be required in the Residential Preservation Overlay District, multifamily, business or industrial districts by the Planning Board, such as is necessary to protect the residential quality of adjacent property in any residential district.

No fence shall be constructed of barbed wire or be electrified unless said fence is on a farm.

Snow fences are permitted for the period from November 1 until April 15 of the following year but are prohibited from April 16 until October 31. Snow fences shall not be placed within a public right-of-way. Snow fences shall conform with the other requirements of this section. However, any snow fence erected or maintained by a governmental body shall be exempt from the provisions of this section.

A permit is required for all fences erected in a commercial or industrial district, with a fee as set by Town Board resolution.

For purposes of this section, a "fence" is defined as a brick or stone wall and a hedge located outside of the area bounded by the front building foundation line and the side and rear setback requirements. The face side of any fence erected in any district shall face the nearest abutting property, and all posts shall be on the inside of said fence unless said posts or supports constitute an integral part of said face side (see § 500-101, Definitions).

§ 500-55 Clear vision areas.

Vision clearance areas shall be provided with the following triangular distances establishing the size of the vision clearance area:

In any residential district, the minimum distance from the edge of through travel lane shall be 30 feet measured from the intersection of the road edges or as may be directed by the Town Engineer.

In all other districts, the minimum distance from the edge of through-travel lane shall be 15 feet measured from the intersection of road edges or as may be directed by the Town Engineer. When the angle of intersection between streets, other than an alley, is less than 30°, the distance shall be 25 feet.

The vision clearance area shall contain no plantings, fences, walls, structures or temporary or permanent obstructions exceeding four feet in height measured from the top of the street pavement, except that street trees exceeding this height may be located in this area, provided that all branches and foliage are removed to a height of eight feet above the grade.

In all cases, vision clearance areas shall be such as to provide safe intersection sight distance as specified in the Traffic Engineer's Handbook published by the Institute of Traffic Engineers, with height of eye equaling 45 inches and height of object equaling six inches.

§ 500-56 Excavations.

All excavations and appurtenant activities commenced henceforth shall be in conformity with provisions of this chapter and the New York State Mined Land Reclamation Law and shall be located only within areas specifically permitted according to the provisions of this section. No person or corporation shall commence operations of a new mine or engage in mining operations from which more than 1,000 tons of minerals will be removed from the earth within 12 successive calendar months unless a permit for such mining operations shall first have been obtained from the New York State Department of Environmental Conservation.

Purpose. It is the purpose of this section to allow for excavation of materials while providing necessary antipollution measures and assuring proper rehabilitation measures to protect the health, safety and welfare of the community.

Application procedure. Before any excavation or appurtenant activities are commenced, the owner, agent of the owner or lessee of the premises shall file with the Planning Board an application for a special use permit and a filing fee as required by § 500-85. Before any application for a permit to mine is made to the New York State Department of Environmental Conservation (DEC), a permit is required from the Town. Such permit will ensure the Department of Environmental Conservation that the applicant for a state permit to mine has complied with all necessary regulations and/or ordinances and that the Town has seen and agreed to a mined land use reclamation plan that is consistent with the Town's present planning program. In all cases, five copies of the application for each permit shall be signed by the owner of the premises, if other than the applicant. It shall include, but not be limited to, the following information:

Name and address of the applicant and of each owner of the premises.

A statement of each mortgage or other lien upon the premises, together with the name and address of the holder of each mortgage or other lien upon the premises.

A certification of the County Finance Officer showing payment of all taxes and assessments to date for the property as described in the application.

Vertical aerial photographs, five copies, at a negative scale no smaller than one inch equals 1,000 feet and certified as flown not earlier than one year prior to the date of application. The area covered by the vertical aerial photographs shall include:

All land requested for excavation permit and all contiguous land which is or has been used by the owner or lessee for excavation or appurtenant activities.

All public roads bounding the proposed excavation site and all structures on adjoining property within 100 feet of the property line.

A location map in the form of an overlay of the vertical aerial photography, covering the land within at least a 1,000-foot distance of the boundaries of the entire land proposed for permit, showing existing classification of public and private land use.

An identification plat of which five copies shall be prepared by a licensed engineer or surveyor at a scale of one inch equals 100 feet. This plat shall be submitted to the Town Engineer and shall be subject to his approval as to the sufficiency of data shown thereon. The plat shall show:

The boundaries of the entire tract proposed for permit by bearing and distance, existing topography at five-foot contour intervals and the location of all water sources within 500 feet of the tract proposed for permit.

Average thickness of overburden within the boundaries of the tract proposed for permit.

Location of all haulageways to and from the operation to minimize intrusions into residential areas and minimize dust.

Any planned impoundment of water to provide lakes or ponds for wildlife at restoration.

Planned drainage and water control for all affected areas so as to reduce soil erosion damage to adjacent lands.

The sequence of cuts or excavations.

Plans showing design standards that are consistent with present noise reduction techniques to reduce noise pollution to adjacent areas.

An operations map showing the plan for the operation of excavation and appurtenant activities which shall be presented as an overlay to the identification plat. All of the following operations, including the acreage to be devoted to them, shall be shown:

Area of active excavation and area requested for excavation, area of active appurtenant activities and area requested for appurtenant activities.

Area where topsoil and overburden will be temporarily stored for the future use of restoring excavated areas.

A written plan for reclamation and site plan map for the area involved shall be presented as separate portions from the above requirements in five copies. Said reclamation plan shall be referred to the Town Conservation Board and the Monroe County Soil and Water Conservation District for their recommendations. All items required for filing with the State of New York for a mined land permit shall be included in the reclamation plan.

Permitted areas of operations. Excavation or mining operations may be permitted in all zones, except residential zones, upon obtaining a special use permit from the Planning Board according to the provisions of this section and Article IV.

Review of permit application.

Prior to a public hearing held by the Town Board all maps, aerial photographs and data filed with the application shall be submitted to the Monroe County Department of Planning, Monroe County Environmental Management Council, if any, and the Monroe County Soil and Water Conservation District and the Town Conservation Board for review and recommendations. The Planning Board shall be responsible for receiving and processing all applications for permits for excavation and appurtenant activities and coordinating the annual site inspection. Approval or denial of the application shall be rendered within 60 days after a complete application is filed by the applicant, except if both the Planning Board and the applicant mutually consent on a time extension. The application shall be presumed approved if the Planning Board has not made a decision at the end of the sixty-day period.

Renewal. If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the terms of such permit and all provisions of this section, the time limit of such permit may be renewed by the Building Department upon recommendation of the Planning Board and the Town Engineer for a period no greater than that for which the permit was originally issued. At least 10 days before taking any such renewal action, the Building Department shall cause to be posted on the land affected a notice of the proposed renewal and a statement indicating clearly both the property affected and the nature of the operation. All ordinances and regulations in effect at the time a renewal is granted will apply to the renewal permit in the same manner as when a new or original permit is issued.

Letter of credit. After the approval of the application and before the issuance of any permit, the applicant and each owner of record of the premises other than the applicant shall jointly make, execute and file with the Town Clerk a letter of credit in the amount approved by the Town Engineer for each parcel of land to be used for excavation and appurtenant activities. The above party or parties guarantee that either upon termination of the permit or the operation, whichever may come first, the ground surface of the land so used shall be restored in conformity with both the approved specific requirements and the standards set forth in this section. In the event of default of compliance with the conditions of this section and any other applicable laws, such credit shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration and any other expenses incurred by the Town as a result of the applicant's default. Such credit shall continue in full force and effect until a certificate of compliance shall have been issued by the Town Engineer after consulting with the Monroe County Soil and Water Conservation District and any other agency or agencies necessary to ensure that all provisions of the section and of the permit have been met.

Fee. The owner or lessee of land under excavation shall pay a minimum fee as set by resolution of the Town Board. Failure to pay fees shall subject the offender to the penalties set forth in Article XII.

Dimensional and safeguard requirements.

Permits for excavation within the geographical area outlined in the permit application shall be issued for a three-year period, subject to annual site approval and inspection by the Town Engineer and any other agency or agencies that the Town designates.

The active excavation area shall not exceed a total of five acres at any one time.

No excavation shall be conducted closer than 100 feet to a public right-of-way or adjoining property line, excepting that grading may be conducted within such limits in order to provide adequate access to the premises. The setback area shall not be used for any use in conjunction with the excavation and appurtenant activities, except one public notice sign for identifying use, buffer effect and those conditions stated in Subsection H(8) of this section pertaining to top- and subsoil preservation.

All equipment, structures and other operation facilities, including sedimentation ponds, shall not be closer than 200 feet to the right-of-way of the public highway or to an adjoining property line, except when the applicant demonstrates that the topography necessitates the location of a sedimentation pond elsewhere and also demonstrates that sufficient safeguards will be constructed or provided for the protection of neighboring residents. Screening from public view will be provided as required in this chapter and as may be additionally required by the Town Planning Board.

Each tract of land to be granted a special permit for excavation must use only direct access to major highways and have proof of legal right to that access.

All access roads shall be constructed to include a curve so as to screen the operation from public view; provided, however, that the junction of the access and the public road must be at an angle of not more than 10° deviation from a right angle.

Fencing shall be required on all sides of an excavation area. Fencing no closer than 40 feet to a public right-of-way or an adjoining property line shall be at least five feet in height and of a type approved by the Planning Board.

Topsoil preservation. All topsoil and subsoil shall be stripped from the active excavation area and stockpiled and seeded for use in accordance with the restoration plan. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property. This provision applies to all operations, except that of topsoil removal.

Landscape. Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained and supplemented by selective cutting, transplanting and addition of new trees, shrubs and other ground cover for the purpose of screening and noise reduction. If, however, the existing topography and natural vegetation does not lend itself to an economically feasible supplement plan, the operation can, if properly landscaped with grass, trees and shrubs, grade back overburden around the perimeter of the excavation site or create a berm for the purpose of screening and noise reduction. No berm shall be constructed within 25 feet of property boundaries. The type and design of screening shall be approved by the Town Board after referring the proposal to the Monroe County Soil and Water Conservation District and the Monroe County Department of Planning. Adequate maintenance approval of the landscape by the Town Engineer shall be required for all permit renewals.

Safety. All operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons; physical damage to adjacent land or improvement; or damage to any street by reason of slides, sinking or collapse.

Hours of operation. The permitted hours of operation shall be between 7:00 a.m. and 1/2 hour after sunset, prevailing local time. No operations will be allowed on Sundays. Loaded trucks may leave prescribed premises only within such hours, except in the case of a public emergency or whenever any necessary repairs to equipment are required to be made.

The developer must show all or any routes to and from the site.

Dust and dirt control. All haulageway routes leading to public highways shall be dust- and mud-free. All precautions, such as oiling or watering daily or more frequently if and when necessary, shall be taken to prevent dust, dirt and sand from being blown from the premises. Also, the first 200 feet of access from public roads shall be paved.

Noise. Operations shall not be detrimental to adjacent property nor unduly interfere with the quiet enjoyment of adjacent property or interfere with airport communications.

Drainage system. An adequate and comprehensive drainage system shall be provided to convey the stormwater runoff originating on and crossing the premises in accordance with the natural direction of runoff for the total watershed area. No excavation shall be allowed closer than 50 feet to a natural stream. Sediment control measures must be installed to keep all sediment damage on applicant's property. The Town Engineer shall determine whether or not the system and control measures are adequate and being used before approval of an original or renewal permit.

(16)

Flood and erosion control. The applicant shall include a plan for control of soil erosion and excessive groundwater seepage to public roads, streams or adjacent property. The Town Engineer shall determine whether or not the controls are adequate and being used before approval of an original or renewal permit.

Restoration and revegetation requirements.

Slope. No slope shall be left with a grade steeper than one foot on three feet; provided, however, that for quarry operations, the Town Engineer shall certify that the face of the quarry wall is safe and acceptable and may require any means necessary to reinforce unsafe faces.

All debris, stumps, boulders, etc., shall be removed from the site and disposed of, or in case of inorganic material, buried and covered with a minimum of two feet of soil.

Timing. Restoration shall be a continuous operation, subject to field review and approval at each annual inspection and at the end of the permit period by the Town Engineer and anyone else designated by the Town Board. Grading of topsoil or cover material and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal can be granted. Plans for reuse of a quarry that does not call for restoration shall be approved by the Planning Board and the Town Engineer.

Topsoil and fertilizing. Subsoil and topsoil shall be respread over the excavation area to a minimum depth of one foot; six inches of topsoil and six inches of subsoil. This soil shall be treated with lime and fertilizer and seeded with a grass or legume mixture prescribed by the Town Engineer after conferring with the Monroe County Soil and Water Conservation District. Trees or shrubs shall be planted in order to provide screening, natural beauty and to reduce erosion. The planted area shall be protected from erosion during the establishment period, using approved conservation practices.

During and upon completion of the excavation operation and within six months after completion of the excavation operation, the land shall be left so that natural storm drainage leaves the property at the original drainage points. Also, the volume of drainage to any one point shall not be increased.

Within six months after termination of the excavation operation, all equipment, buildings, structures, etc., shall be removed from the premises and all restoration will have been completed.

§ 500-57 Manufactured homes and manufactured home parks.

It is the intent of this section to regulate trailer homes and to encourage, stabilize and protect the development of well-planned trailer home parks. All manufactured homes and manufactured home parks commenced henceforth shall be in conformity with the provisions of this chapter and the provisions of this section and all current and applicable codes of the New York State Uniform Fire Prevention and Building Code. This section shall apply to all existing manufactured home parks located in the Town of Chili at the date of its adoption. The owner or operator of any such existing manufactured home parks shall have a period of 30 days after this chapter becomes effective within which to make an application for a permit. If no application is made within such thirty-day period or if, after making application, a permit is refused, the premises occupied by such manufactured home park shall thereupon cease to be used for the purpose of a manufactured home park and all manufactured homes shall forthwith be removed therefrom. If a permit is granted to any such existing park, it shall thereafter be maintained and operated in compliance with all of the provisions of this chapter, except that the owner or operator of any such park shall have an additional period of six months from the date of granting of such permit within which to cause such park to conform to the provisions of this chapter.

Regulations for manufactured homes not located in trailer home parks. No manufactured homes shall be located outside of manufactured home parks.

Application procedure for manufactured home parks. The Planning Board is empowered to implement the provisions of this section in accordance with the standards and procedures set forth in this chapter and section, and no person, firm or corporation being the owner or occupant of any land or premises shall use or permit the use of said land or premises as a manufactured home park without obtaining a permit therefor as hereinafter provided and upon payment of a fee as required in § 500-85, no part of which is returnable. Any permit so issued shall be effective from and after the date of issuance to and including the 31st day of December next succeeding the date of issuance unless the permit shall sooner be revoked. Such permit shall not be transferable or assignable. The application procedure and approval of manufactured home parks shall follow and be the procedure for approval as contained in Article V, Site Plan Approval.

General standards for manufactured home parks. The Planning Board shall review each proposed manufactured home park in terms of the following standards:

The park shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area.

The park shall not be hazardous or detrimental to existing or future neighboring uses.

The park shall be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage, refuse disposal and schools; or that the persons or agencies responsible for the establishment of the proposed park shall be able to provide adequately any such services.

The park shall not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

The park shall be consistent with the intent and purpose of this chapter and the Comprehensive Plan.

The park shall have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads.

The park shall not result in the destruction, loss or damage of natural, scenic or historic features of major importance.

The park shall meet all the requirements of the State of New York and Town of Chili Building Codes and Health and Sanitary Codes.

Before any manufactured home is placed on any lot within the park, a building permit shall be secured from the Chili Building Department by the owners of the park. A plot plan shall accompany each permit application.

The New York State Insignia of Approval shall be affixed to any manufactured home brought into the park pursuant to § 400-dd(3) of Article 19-AA of the Executive Law[1] and the State Code for Construction and Installation of Manufactured Homes of January 15, 1974.

Editor's Note: § 400-dd of the Executive Law was repealed by L.1981, c. 707 § 12, effective January 1, 1984.

Electrical inspection and a certificate of compliance shall be required for all new installations. The owners of the park shall be responsible for ensuring that the inspection is made by an approved electrical inspection agency licensed by the Town of Chili, per Chapter 248, Electrical Inspections, of the Code of the Town of Chili.

A certificate of occupancy/certificate of compliance shall be secured from the Town of Chili Building Department upon completion of the above items, pursuant to § 500-91.

Manufactured home park requirements. Manufactured home parks shall meet the following requirements.

The only type of manufactured home allowed within a manufactured home park shall be an independent manufactured home which has a toilet and bath or shower when completed. Each manufactured home placed within the manufactured home park shall have a minimum floor area of 720 square feet of living area.

Dimensional requirements.

A manufactured home park shall contain a minimum of five acres.

The maximum density shall not exceed four manufactured homes per gross acre.

The minimum width of the manufactured home development shall not be less than 250 feet. The ratio of width to depth shall not exceed 1:5.

All manufactured homes or accessory buildings shall be located no closer than 40 feet to the front property lines, nor closer than 15 feet to the side or rear property line. However, if the side or rear property line abuts an arterial street, the minimum side or rear yard shall be 60 feet.

The maximum height of manufactured homes and accessory buildings shall not exceed 12 feet.

Each manufactured home park shall be subdivided and marked off into lots. Each manufactured home lot shall contain a minimum area of 7,500 square feet with no more than one manufactured home permitted to occupy any one park lot.

The minimum width of each manufactured home lot shall be 60 feet and the minimum depth of each lot shall be 125 feet. The minimum width of corner lots, however, shall be 70 feet.

(h)

The four corners of each manufactured home lot shall be marked in a manner acceptable to the Planning Board.

(i)

There shall be a minimum clearance of 30 feet between individual manufactured homes.

Street, parking and walkway requirements.

All manufactured home parks should have access to adequate collector streets with a right-of-way not less than 60 feet in width. Marginal access roads may be required if deemed necessary for manufactured home parks that would have direct access onto an arterial or collector street.

The design and construction of the interior street system shall be sufficient to adequately serve the size and density of the development. All streets shall be paved and curbs and gutters shall be installed. The pavement width of all streets shall be not less than 30 feet. The design and construction of the interior street system shall conform to the requirements of the Town of Chili. Parking on interior streets shall be permitted on one designated side only. Street width shall be measured from back of curb to back of curb.

All manufactured home parks shall have paved pedestrian walkways at least four feet in width. The location of necessary walkways shall be decided by the Planning Board and may vary relative to location, intensity of use and location of recreational areas and service buildings.

Each manufactured home lot shall be provided with a paved driveway to accommodate off-street parking for two vehicles. The size of the driveway shall not be less than 400 square feet.

Each manufactured home lot shall be provided with a minimum three-foot walkway leading from the main entrance to the main walkway or adjacent street.

Each manufactured home lot shall be provided with a stable base upon which to place the manufactured home. This base shall be approved by the Planning Board.

Each manufactured home lot shall be provided with a paved patio area at least 100 square feet in area. The patio should be located on the entrance side of the manufactured home.

(h)

Each manufactured home lot shall be provided with anchors and tie-downs such as cast-in-place concrete, dead-men eyelets embedded in the concrete runways, screw augers, arrowhead anchors or other devices for securing the stability of the manufactured home.

Utilities and other service requirements.

Within each manufactured home park, storm drainage, in addition to any other requirements of the Town, shall be provided in accordance with the following requirements:

All areas of a manufactured home park shall be graded in a manner so that there will be no poorly drained areas. Grading shall not obstruct the natural drainage of surrounding properties.

Within each manufactured home park there shall be installed a water supply and distribution system in conformance with the requirements of the New York State Department of Health. Each manufactured home lot shall be connected to this system.

Within each manufactured home park there shall be installed a sanitary waste distribution system which shall be connected with the municipal sewer system. Each manufactured home lot shall be connected to this system.

Each manufactured home shall be provided with suitable electrical equipment in accordance with the National Electrical Code and local codes to provide not less than 60 amperes of power capability. All equipment shall be grounded and weatherproofed.

All interior streets and walkways shall be lighted with two-hundred-watt lamps at intervals of 160 feet located alternately on each side of street. Said lights to be placed on standard light poles. This shall apply to the enlargement of any present manufactured home park and to any manufactured home park established in the Town of Chili subsequent to the enactment of this chapter.

Within each manufactured home park, all utility lines, including those for electricity and telephone service, shall be located underground.

The storage and collection of garbage and refuse within each manufactured home park shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, fire hazards or air pollution. All garbage shall be stored in flytight, rodentproof containers. These containers shall be located no more than 100 feet from any manufactured home lot and shall be collected at least once weekly.

(h)

Within each manufactured home park there shall be provided a fire protection system approved by the Town of Chili Planning Board after referral to the local fire authority and an approved electrical inspection agency licensed by the Town of Chili.

(i)

Service buildings may be provided by the management for offices, repair, storage, laundry facilities and indoor recreation areas. No such building shall be located closer than 50 feet to any manufactured home. Service buildings shall be well lighted at all times of the day and night, shall be well ventilated with screened openings, shall be constructed of such moistureproof material, including painted woodwork, as shall permit repeated cleaning and washing and shall be maintained at a temperature of at least 65° F. during the period from October 1 through May 1. The floors of the service buildings shall be of a water-impervious material.

Landscaping, recreation and open space requirements.

On each manufactured home lot, at least one deciduous hardwood tree a minimum of two inches caliper shall be planted in the front yard and shall have a positive take.

At least 10% of the gross land area of the manufactured home park shall be reserved for recreational and open space uses. This figure is in addition to any other open areas required by yard requirements or other sections of this chapter. A clustering of units is encouraged.

The outer boundaries of a manufactured home park shall contain a buffer zone. This buffer zone shall be composed of a green strip, not less than 20 feet in width, located along all park boundaries. The type of plantings and landscaping shall be approved by the Planning Board. This buffer may be in a yard adjacent to a street or road, provided that all other provisions of the chapter are met.

Each manufactured home shall be skirted, entirely enclosing the bottom section, within 90 days after its placement.

Supplementary conditions and safeguards.

In approving any manufactured home park, the Planning Board may prescribe appropriate conditions and safeguards in conformity with this section. Violation of such conditions and safeguards, when made a part of the approval, shall be deemed a violation of this section.

It shall be unlawful to permanently affix any manufactured home to the ground.

All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.

Renewal of manufactured home permit. Application for the renewal of any manufactured home park permit issued pursuant to this chapter must be filed with the Town Clerk on or before the first day of December next preceding the expiration of said permit. The application for renewal shall be on forms provided by the Town. To be eligible for renewal the park must be in compliance with the requirements and conditions of the original permit. Upon the approval of said application for a renewal of the permit by the Town Clerk, the Town Clerk shall issue a renewal permit which shall become effective upon the expiration of the prior permit and continue in force for the term specified therein but in no event longer than for a period of one year. Such renewal permit shall not be transferred or assigned. The applicant shall at the time of issuance of any such renewal permit pay to the Town Clerk the same fee provided in Subsection C of this section covering the original issuance of manufactured park permits.

Registration of manufactured home park occupants. The owner or operator of each manufactured home park shall keep a permanent record, in writing, of all persons occupying or using the facilities of each manufactured home park, which record shall include the following:

Name and address of each occupant of each manufactured home.

Date of arrival at and departure from said park of each occupant.

Name and address of owner of each manufactured home.

The owner or operator of each manufactured home park shall file in duplicate with the Town Clerk on or before the third day of January and July of each year a record of the names and addresses of all persons who shall have occupied or used the facilities of the manufactured home park during the preceding 1/2 year or any portion thereof.

Requirements applicable to all manufactured homes.

No manufactured home shall park or remain upon any public highway in the Town of Chili.

No manufactured home shall be permitted to park or remain in the Town of Chili outside of a manufactured home park or permitted district. No more than one such manufactured home shall be permitted to park upon any one lot or parcel of land where the owner of the manufactured home is the owner of the premises where it is parked; manufactured homes owned by guests shall not be permitted to remain upon private property for a period in excess of 72 hours in any three-month period.

No person, corporation or any other legal entity shall be permitted to lease land to place a manufactured home thereon to avoid the purposes and purports of this chapter, and should any person, corporation or any other legal entity do so, both the lessor and the lessee shall be guilty of violating this chapter and subject to the penalties thereunder.

None of the provisions of this section shall be applicable to any manufactured home stored or garaged within a frame or masonry building where such manufactured home is not being occupied as living or sleeping quarters. Owners of property where a manufactured home/s is/are housed must sign an affidavit of no occupancy.

§ 500-58 Modular dwellings.

The following are regulations for modular dwellings not located within manufactured home parks. Modular dwellings may be allowed in residential districts, provided that they meet the following requirements:

There shall be only one dwelling per legal lot.

All modular dwellings shall meet all of the requirements of the New York State Uniform Fire Prevention and Building Code ("Uniform Code"), State Energy Conservation Construction Code ("Energy Code") and the Code of the Town of Chili applicable to single-family homes.

The minimum size for a modular dwelling shall be consistent with requirements for a single-family dwelling.

An electrical inspection and a certificate of compliance shall be required for all modular dwellings. The inspection shall be made by an approved electrical inspection agency licensed by the Town of Chili.

Upon completion of construction, the modular dwelling shall be similar in appearance to that which presently exists in the area.

A certificate of occupancy/certificate of compliance must be issued by the Building Department before the modular dwelling is occupied.

§ 500-59 Special setback requirements.

No building permit or other permit shall be issued or subdivision of land be allowed until the provisions and regulations of this section have been met.

Purpose. It is the purpose of this section to protect the arterial and collector level highways of the Town from unregulated access and intermixing of through traffic and local traffic, both of which endanger the public safety and living environment, and to permit eventual widening of said highways when necessary and to provide the opportunity to assess compliance with the Town Comprehensive Plan.

Authorization to determine compliance. The power to determine compliance with the provisions and regulations of this section is vested in the Planning Board. In addition to those standards and requirements expressly specified by this chapter and section, any additional condition which the Planning Board deems necessary to protect the best interests of the surrounding property, the neighborhood or the Town as a whole may be required.

Standards. The following standards shall apply to those major highways as listed in Subsection D of this section:

Access to the listed highways shall be by frontage, reverse frontage or local subdivision roads.

All multifamily, commercial, industrial or planned institutional development projects shall have limited entry points to the highways listed in Subsection D.

When possible, entry point spacing shall be at intervals of 1,000 to 1,300 feet.

Setbacks along the highways listed in Subsection D shall be 75 feet from the right-of-way line, except as may be permitted under § 500-64 in which case § 500-64 shall refer to the residential structure only.

Where there is a preexisting nonconforming structure, no variance will be required for any addition to the same as long as such addition is no less than the existing yard setback.

Affected major highways.

Beaver Road, State.

Morgan Road, County.

Chili Avenue, State.

Union Street, County-State.

Scottsville Road, State.

Chestnut Ridge Road, County.

Westside Drive, County.

Scottsville-Chili Road, State.

Fisher Road, Town.

Chili Avenue Extension, Town.

Paul Road, County-Town.

Chili Center-Coldwater Road, County.

Buffalo Road, State.

Attridge Road, County.

Archer Road, Town.

(16)

Beahan Road, County.

(17)

Stottle Road, County.

(18)

Marshall Road, Town.

(19)

Ballantyne Road, State-Town.

(20)

Chili Center Coldwater Road, County.

(21)

King Road, County.

§ 500-60 Accessory uses.

Accessory uses shall comply with all requirements for the principal use, except where specifically modified by this chapter, and shall comply with the following limitations:

An accessory building shall not be located within eight feet of a principal use existing or under construction on the same lot.

In a residential district, a side or rear yard may be reduced to eight feet for an accessory structure erected more than 55 feet from any street, other than an alley, provided that the structure is detached. In no case shall an accessory structure be located in the front yard.

A greenhouse or hothouse may be maintained accessory to a dwelling in a residential district, provided that there are no sales and that its height shall not exceed 12 feet.

A guesthouse may be maintained accessory to a dwelling, provided that there are not cooking facilities in the guesthouse, contingent upon obtaining a special use permit and site plan approval according to Articles IV and V.

Dumpsters and recycler units.

Dumpsters and recycler units may be used as an accessory use for commercial, industrial or residential trash storage or recyclables storage upon obtaining a permit from the Director of Planning, head of the Building Department, or similar officer or designee. The fee for the dumpster permit shall be set forth by the Town Board. The dumpster permit shall run per calendar year. Dumpsters and recycler units shall comply with the following regulations:

Dumpsters and recycler units shall be fully enclosed by an opaque fence or wall which shall be no lower than one foot above the top of the dumpster or recycler unit.

Dumpsters and recycler units shall be locked at all times to prohibit unauthorized use.

The area around the dumpster and recycler unit shall be kept clean.

No trash or recyclables will be permitted to be stored outside the dumpster or recycler unit.

Dumpsters and recycler units shall be promptly emptied when full.

The property owner on whose property a dumpster and/or recycler unit is located shall be responsible for the removal of ground litter, garbage and refuse within a seventy-five-foot radius of the dumpster or recycler unit, whether the litter, garbage or refuse is on the property of the owner or on adjoining property.

All companies and businesses that store, supply, rent, lease, sell and service dumpsters and recycler units in the Town of Chili shall comply with these regulations.

A residential garage, attached, detached, or both, may not be larger than a total of 1,200 square feet, nor shall it be higher than the ridgeline of the dwelling for that lot as measured from the floor level of the structure, unless the specific zoning district where the structure is located specifically permits larger dimensions.

§ 500-61 General restrictions.

Frontage. Every lot shall abut a street, other than an alley, for at least 40 feet, subject to the exceptions under Subsection K, Flag lots, of this section.

Minimum grades. Front yards of houses or other structures shall be graded with a minimum 2% slope (1/4 inch per foot) up from the edge of any road or drainage facility. Side and rear yards shall be graded with a minimum slope of 2% away from any structure for a minimum distance of 10 feet. Any change in the above requirements must be such as to ensure positive drainage and be approved by the Town Engineer.

Maintenance of minimum requirements. No lot area, yard, other open space or off-street parking area existing on or after the effective date of this chapter shall be reduced below the minimum required for it by this chapter.

Dual use of required open space. No lot area, yard or other open space or off-street parking area which is required by this chapter for one use shall be constructed as a required lot area, yard, other open space or off-street parking area for another use except for such areas approved for Planned Institutional Development (PID) District use and shown as part of an institution's master plan in accordance with the procedures set forth in § 500-24.

Temporary buildings, construction trailers, equipment and materials used in conjunction with construction work may be permitted in any district during the period that construction work is in progress and a valid building permit is in effect. Such temporary facilities, equipment and materials shall be removed upon completion of the construction work or the expiration of the building permit. The storage of such temporary facilities, equipment and materials beyond the completion date of the project or expiration of the building permit shall require authorization by the Zoning Board of Appeals.

Objectionable conditions. No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises, except that any use permitted by this chapter may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits are taken.

No activity shall emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance.

Objectionable noise as determined by the Planning Board which is due to volume, frequency or heat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement.

No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.

No pollution of air by fly ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property or which can cause excessive soiling.

No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street.

No erosion, by either wind or water, shall be permitted which will carry objectionable substances onto neighboring properties.

Water pollution shall be subject to the requirements and regulations established by the State of New York.

Historic preservation. Historic preservation shall be regulated by Chapter 304, Historic Preservation, of the Code of the Town of Chili.

Site filling and berming and tree removal.

No person shall place soil, sand, rocks, gravel or any other fill material six inches in depth or greater above the existing grade level of the site as indicated in the most recent topographic survey of the site until a fill permit is issued. No person shall remove or cause to be removed any trees which are located within areas designated as woodlands on the Town of Chili woodland map or within conservation districts until a tree removal permit has been obtained.

Fill permit. In order to obtain a fill permit, the applicant must submit a map or plan, drawn to scale, which shows both existing and proposed elevations and topography, existing and proposed drainage patterns, any necessary erosion control measures, total extent of area in which filling is to occur, type and quantity of fill material to be used, location of all existing and proposed structures, and trees or vegetation, and floodplains or designated wetlands, and any other relevant information as may be required, including but not limited to status of approval by the Army Corps of Engineers or the New York State Department of Environmental Conservation if same is required. If the project involves 400 or more cubic yards of fill, or 20,000 square feet of area, or if work was begun without a permit and the extent of filling is not readily determined, the map or plan must be prepared by a professional engineer. In all cases the written authorization of the property owner shall be submitted as part of the application.

Where the applicant must receive a special use permit, site plan or subdivision review, this information should be included in the plans as required for such reviews as listed elsewhere in this chapter, indicating that a fill permit is also sought. In these instances, at the discretion of the Planning Board, both permits can be acted on under one review procedure.

All topsoil shall be stripped from the area to be filled and stockpiled and seeded for use in accordance with the restoration plan. A site elevation benchmark shall be identified to provide easy verification of the fill height (elevation) allowed. The completed fill shall have no slope greater than one foot on three feet at its perimeter. Upon completion of the fill, the topsoil shall be replaced and immediately reseeded, in accordance with the restoration plan.

Where there is no requirement for any of the permits described above, other than the fill permit, or where the Planning Board refuses to act upon such other permit, the information required for review shall be submitted to the Director of Planning, head of the Building Department, or similar officer or designee who, together with the Town Engineer and any other Town official deemed appropriate, shall review the request and act upon it within 45 days of submission. The duration of any permit for filling shall be 90 days, at the end of which time all requirements of this Subsection H shall have been met. The property owner shall permit such inspections as may be necessary to verify compliance, including but not limited to a final inspection at the end of the 90 days. The property owner shall provide verification of final grading by a licensed surveyor for all projects over one acre and for all projects begun without a permit.

Tree removal. In order to obtain a tree removal permit, the applicant must submit a map or plan showing the area of the woodlot and the number, location, type and size of trees to be removed.

Where the applicant must receive a special use permit, site plan or subdivision review, this information should be included in the plans as required for such reviews as listed elsewhere in this chapter, indicating that a tree removal permit is also sought. In these instances, at the discretion of the Planning Board, both permits can be acted on under one review procedure.

Where there is no requirement for any of the permits described above, other than a tree removal permit, the information required for review shall be submitted to the Director of Planning, head of the Building Department, or similar officer or designee who, together with the Town Conservation Board and any other official or agency deemed appropriate, shall review the request and act upon it within 30 working days of submission.

This section shall not apply in an emergency situation where a tree or parts of it shall become a hazard to life and property or where a tree would block or hinder access on public or private rights-of-way due to storm damages. This does not mean to allow the topping of trees under utility wires.

One driveway cut will be allowed for each lot containing a dwelling. Upon approval of the Superintendent of Highways/Commissioner of Public Works, a second residential driveway cut may be allowed on dedicated Town roads.

Prohibited uses. Off-road outdoor motor vehicle schools and/or training facilities in any residential district.

Flag lots. All lots with less than the required frontage, typically with the shape of a flag, shall be subject to the following requirements:

The creation or development of any flag lot shall be subject to approval by the Planning Board either as part of the subdivision review process or by means of site plan review.

The applicant shall document to the satisfaction of the Planning Board that no more conventional approach to the drawing of lot lines is feasible, taking into account geographic conditions, development constraints and the general character of the area, and that sufficient construction and/or site development measures can be utilized to protect the privacy of adjacent residential properties.

The minimum area of the interior portion of the lot, exclusive of the accessway, shall be no less than the minimum lot area for the district in which the lot is located. The interior portion of the lot, exclusive of the accessway, shall be subject to all dimensional requirements otherwise applicable in the district. The minimum width of the accessway shall be 40 feet, which shall be uniformly maintained for the length of the accessway.

Each flag lot shall have its own separate access to a public way. No more than two accessways serving two flag lots shall intersect a public way at any point. No such intersection of two accessways with a public way shall be closer to another intersection with an accessway to a flag lot than 400 feet.

Drainage improvements as deemed necessary by the Planning Board shall be made to provide for the stability of the accessway, to minimize erosion and any other adverse effects of the movement of stormwater on adjoining properties as well as the public way.

No structures of any type shall be erected on the accessway, except as may be required by the Planning Board pursuant to Subsection K(5) above.

All accessways shall be designed and constructed to provide adequate access for fire and other emergency vehicles and equipment.

The Planning Board shall require the siting of any structures on the interior lot in such a manner as will maximize the privacy of adjacent properties and shall require such buffers, plantings, screenings, or berms, or combinations thereof, as shall be deemed necessary to protect such privacy.

§ 500-62 Animals.

No mammals, reptiles, amphibians, fish, birds or insects shall be housed, kept in captivity or bred except as herein defined:

Purpose. It is the purpose of this section to protect the health, safety and welfare of the inhabitants of the Town of Chili; to protect rare and endangered animal species from further extinction; and to protect animal species from possible inhumane treatment.

Permitted species. The following shall be permitted, provided that all such animals have been legally imported under United States law or have been bred in the United States:

Dogs in all zones, in accordance with Chapter 176, Animals, Article I, Dog Control, of the Code of the Town of Chili.

Household cats (Felis domestica) in all zones.

Parrots, mynahs, finches and canaries in all zones.

Tropical fresh- or saltwater aquarium fish, amphibians or turtles.

Domesticated farm animals in all zones, provided that the lot is five acres or larger, including horses, cattle, sheep, donkeys, ducks and geese, pigs and poultry. Any building housing livestock or any noxious commodity shall not be located closer than 100 feet to any lot line in an AC or RA Zone or 200 feet to any lot line in any other zone.

Small fur-bearing animals, such as mink, in all zones, provided that the lot is five acres or larger.

Honeybees in all zones, provided that the lot is five acres or larger.

Snakes in all zones, except poisonous snakes or snakes whose ultimate size would be over three feet in length.

Ant farms in all zones, except army ants or termites.

Prohibited species. The following species of animals are prohibited:

All species as listed by the proper enforcement agency both federal and state.