Article V Zoning District Regulations

§ 250-19 Residential - Agricultural District (R-A).

Intent. One of the primary land uses in the Town of Spafford, Onondaga County, is agriculture. In an effort to retain viable tracts of farmland, preserve agricultural land uses and retain the rural landscape and quality of life related to farming, the Residential - Agricultural District has been established to:

(1)

Provide for agricultural uses and uses compatible with or supportive of agriculture within the district;

(2)

Avoid conflicts between agricultural and non-agricultural uses by limiting the type and amount of non-agricultural uses within the district; and

(3)

Retain tracts of land of sufficient size to encourage viable farming operations.

Permitted uses.

(1)

Permitted uses shall be as follows, subject to the requirements specified in this section and elsewhere in this chapter.

Farming operation.

One-family dwelling.

Two-family dwelling.

Accessory structures and buildings.

(e)

Gazebo/cabana.

(f)

Shed.

(g)

Keeping/raising of livestock (per animal unit table).

(h)

Temporary rental.

[Added 7-14-2016 by L.L. No. 2-2016]

(2)

Any use not specifically set forth as a permitted use in any zoning district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Except as otherwise provided herein:

[Added 7-12-2012 by L.L. No. 2-2012]

(a)

No land shall be cleared, excavated, or graded, no building, structure, or land shall hereafter be used or occupied, and no building, structure, or part thereof shall be erected, moved or altered, unless in conformity with the regulations herein specified for the district in which it is located; and

(b)

No building or structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, or side yards, than is specified herein for the district in which such building or structure is located.

Special use permit. Specially permitted uses are set forth below, subject to the requirements specified in this section and elsewhere in this chapter. An applicant for a special use permit may also be subject to the site plan review requirements contained in Article XIII of the Code. Uses requiring site plan review are listed in the Town of Spafford Residential - Agricultural District Bulk and Use Table in the Appendix[1] and denoted with an asterisk below.

Home occupation.

Restaurant.*

Bed-and-breakfast.*

Agricultural based business.*

Riding academy.

Farm stands.

Timber harvesting.

Automobile and general repair.*

Cemetery.*

Club or lodge.*

Pond.

Commercial dog kennel.

Convenience store.*

Library.*

School.*

Child care facility/preschool.*

Small retail store.*

Commercial garage.*

Gasoline station.*

Health care institution.*

(21)

Professional office.*

(22)

Wind energy conversion system.

(23)

Places of worship.*

(24)

Telecommunications facility or tower.*

(25)

Adult-oriented business.*

(26)

Emergency dwelling.

(27)

Mining.*

(28)

Single-wide manufactured home.

(29)

Solar energy conversion systems (pole mounted).

[Added 7-14-2016 by L.L. No. 2-2016]

[1]

Editor's Note: The R-A District Bulk and Use Table is included as an attachment to this chapter.

Lot size. See the Town of Spafford Residential - Agricultural District Bulk and Use Table in the Appendix.[2]

[2]

Editor's Note: The R-A District Bulk and Use Table is included as an attachment to this chapter.

Lot coverage. See the Town of Spafford Residential - Agricultural District Bulk and Use Table in the Appendix.

Minimum setback. See the Town of Spafford Residential - Agricultural District Bulk and Use Table in the Appendix.

Height. See the Town of Spafford Residential - Agricultural District Bulk and Use Table in the Appendix.

Keeping and raising of livestock.

(1)

The keeping and raising of livestock, except as part of an agricultural operation located in a county adopted Agricultural District, shall be subject to the following standards:

(a)

Structures for the keeping or raising of livestock, small animals or poultry shall be located no closer than 40 feet to any side, rear or front property line.

(b)

Such use shall not be detrimental or injurious to the character of the neighborhood or any principal use located therein.

(c)

Said area shall be completely fenced and enclosed housing must be provided for the animals.

(d)

The number of animals that can be kept on any lot in the R-A District shall be limited to 0.2 animal units per acre for one to five acres. One additional animal unit may be added for each acre in excess of five acres. To determine the animal unit measure for any animal not specified in the Town of Spafford Keeping and Raising of Livestock Animal Unit Table in the Appendix,[3] divide the average adult weight in pounds by 1,000.

[3]

Editor's Note: The Keeping and Raising of Livestock Animal Unit Table is included as an attachment to this chapter.

(2)

See the Town of Spafford Keeping and Raising of Livestock Animal Unit Table in the Appendix.[4]

[4]

Editor's Note: The Keeping and Raising of Livestock Animal Unit Table is included as an attachment to this chapter.

§ 250-20 Otisco Lake District (OL).

Intent. The intent of the Otisco Lake District is to protect and maintain a quality waterfront within the Town. The waterfront in the Otisco Lake District is a valuable resource for the community, and particular attention should be paid to building architecture, building and lot size, maintenance, and location so that the development patterns and uses enhance the quality of this resource.

Permitted uses.

(1)

Permitted uses shall be as follows, subject to the requirements specified in this section and elsewhere in this chapter.

One-family dwelling.

Two-family dwelling.

Boathouse.

Accessory structures and buildings.

(e)

Shed.

(f)

Park.

(g)

Deck or patio contiguous to house.

(h)

Seawall/shoreline deck.

(i)

Gazebo/cabana.

(j)

Garage (for lots separated from lakefront lots; see Subsection I below).

(k)

Pool.

(l)

Temporary rental.

[Added 7-14-2016 by L.L. No. 2-2016]

(2)

[Added 7-12-2012 by L.L. No. 2-2012]

(a)

(b)

Special use permit. Specially permitted uses are set forth below, subject to the requirements specified in this section and elsewhere in this chapter. An applicant for a special use permit may also be subject to the site plan review requirements contained in Article XIII of the Code. Uses requiring site plan review are listed in the Town of Spafford Otisco Lake District Bulk and Use Table in the Appendix[1] and denoted with an asterisk below.

Bed-and-breakfast.*

Club.*

Restaurant.*

Home occupation.

Solar energy conversion systems (pole mounted).

[Added 7-14-2016 by L.L. No. 2-2016]

[1]

Editor's Note: The Otisco Lake District Bulk and Use Table is included as an attachment to this chapter.

Lot size. See the Town of Spafford Otisco Lake District Bulk and Use Table in the Appendix.[2]

[2]

Editor's Note: The Otisco Lake District Bulk and Use Table is included as an attachment to this chapter.

Lot coverage. See the Town of Spafford Otisco Lake District Bulk and Use Table in the Appendix.

Minimum setback. See the Town of Spafford Otisco Lake District Bulk and Use Table in the Appendix.

Height. See the Town of Spafford Otisco Lake District Bulk and Use Table in the Appendix.

Additional regulations. The lake lot line shall be considered the rear lot line for all properties in the Otisco Lake District.

Garage (for lots separated from lakefront lots). A garage shall be permitted on a lot located immediately across a road or street from a lakefront lot, provided as follows:

(1)

The lakefront lot and the lot on which the garage is proposed to be constructed are owned by the same person or entity;

(2)

The lakefront lot contains a principal building or structure; and

(3)

The lot on which the garage is proposed to be located complies with all setback and related bulk use regulations as set forth in the Appendix.[3]

[3]

Editor's Note: Said tables are included as attachments to this chapter.

§ 250-21 Skaneateles Lake District (SL).

Intent. The intent of the Skaneateles Lake District is to protect and maintain a quality waterfront within the Town. The waterfront in the Skaneateles Lake District is a valuable resource for the community, and particular attention should be paid to building architecture, building and lot size, maintenance, and location so that the development patterns and uses enhance the quality of this resource.

Permitted uses.

(1)

Permitted uses shall be as follows, subject to the requirements specified in this section and elsewhere in this chapter.

One-family dwelling.

Two-family dwelling.

Boathouse.

Accessory structures and buildings.

(e)

Shed.

(f)

Park.

(g)

Deck or patio contiguous to house.

(h)

Seawall/shoreline deck.

(i)

Gazebo/cabana.

(j)

Garage (for lots separated from lakefront lots; see Subsection I below).

(k)

Pool.

(l)

Temporary rental.

[Added 7-14-2016 by L.L. No. 2-2016]

(2)

[Added 7-12-2012 by L.L. No. 2-2012]

(a)

(b)

Special use permit. Specially permitted uses are set forth below, subject to the requirements specified in this section and elsewhere in this chapter. An applicant for a special use permit may also be subject to the site plan review requirements contained in Article XIII of the Code. Uses requiring site plan review are listed in the Town of Spafford Skaneateles Lake District Bulk and Use Table in the Appendix[1] and denoted with an asterisk below.

Bed-and-breakfast.*

Club.*

Restaurant.*

Home occupation.

Solar energy conversion systems (pole mounted).

[Added 7-14-2016 by L.L. No. 2-2016]

[1]

Editor's Note: The Skaneateles Lake District Bulk and Use Table is included as an attachment to this chapter.

Lot size. See the Town of Spafford Skaneateles Lake District Bulk and Use Table in the Appendix.[2]

[2]

Editor's Note: The Skaneateles Lake District Bulk and Use Table is included as an attachment to this chapter.

Lot coverage. See the Town of Spafford Skaneateles Lake District Bulk and Use Table in the Appendix.

Minimum setback. See the Town of Spafford Skaneateles Lake District Bulk and Use Table in the Appendix.

Height. See the Town of Spafford Skaneateles Lake District Bulk and Use Table in the Appendix.

Additional regulations.

(1)

The lake lot line shall be considered the rear lot line for all properties in the Skaneateles Lake District.

(2)

Lots that are within the Skaneateles Lake Watershed shall comply with the development regulations specified in Article VI.

Garage (for lots separated from lakefront lots). A garage shall be permitted on a lot located immediately across a road or street from a lakefront lot, provided as follows:

(1)

The lakefront lot and the lot on which the garage is proposed to be constructed are owned by the same person or entity;

(2)

The lakefront lot contains a principal building or structure; and

(3)

The lot on which the garage is proposed to be located complies with all setback and related bulk use regulations as set forth in the Appendix.[3]

[3]

Editor's Note: Said tables are included as attachments to this chapter.

§ 250-22 Planned Development District (PDD).

Purpose. In a Planned Development District (PDD), parcels and buildings may be used to accommodate a wide range of development and/or redevelopment regardless of the underlying zoning district(s), as authorized by the Town Board in the creation of a PDD. The purpose of the PDD is to provide flexible land use and design regulations through the use of performance criteria and land impact considerations, so that developments incorporating individual building sites, common property, singular land use, and/or mixed land uses may be planned and developed as a unit. Where deemed appropriate, the Town Board may consider a proposed planned development through an approval process requiring a zoning district change from the original district to PDD, in which the approved plat and a complete set of use and dimensional regulations become the basis for continuing land use controls.

Objectives. In order to carry out the purpose of this article, a PDD shall achieve at least the following objectives:

(1)

Work as a concentrated whole unit, being self-contained and not conducive to expansion outside its boundaries at a future date, unless such expansion when added to the original PDD can act with it to create a larger self-contained unit.

(2)

Provide open space as an integral part of the plan.

(3)

Provide for the convenient location of commercial and service areas.

(4)

Preserve trees, outstanding natural topography and geologic features and prevent soil erosion and ground and surface water pollution.

(5)

Make creative use of land and related physical development that allows an orderly transition of land from rural to more urban uses.

(6)

Make efficient use of land resulting in smaller networks of utilities and streets and thereby lowering costs for construction, maintenance and housing.

(7)

Provide a more desirable environment for dwelling, working and/or recreation than would be possible through the strict application of the preset regulations for the underlying district as determined in this chapter.

General requirements.

(1)

Minimum area. Under normal circumstances, the minimum area requirement for a PDD shall be 10 contiguous acres of land, unseparated by existing streets, highways or other properties. Minimum area requirements for shopping centers and golf courses are found in § 250-22F. Where the applicant can demonstrate that the characteristics of his land holdings will meet the objectives of this article, projects with less acreage may be considered or as otherwise specified.

(2)

Ownership. The tract of land for the project shall be owned or under lease option to purchase by the applicant who may be a single person, corporation, or a group of individuals or corporations. An application shall be filed by the owner or jointly by the owners of all property included in a project. In the case of multiple ownerships, the approved plan shall be binding on all owners.

(3)

Location. The PDD shall be applicable to any area of the Town of Spafford where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article and the spirit of this chapter. A proposed location for a PDD must have demonstrated compatibility with the surrounding land uses, neighborhood character, and traffic pattern, capacity and volume.

(4)

Permitted uses. The use of land and buildings in a PDD may be for any lawful purpose as authorized by the Town Board in accordance with the procedures of this article; the following general uses, or combinations thereof, may be considered.

(a)

Residential uses. Residences may be in a variety of types, in developing a balanced community. The use of a variety of housing types and densities shall be deemed most in keeping with the objectives of this article; the applicant shall demonstrate that the broadest economic market as possible is being reached.

(b)

Commercial, service and other nonresidential uses in primarily residential PDD. These uses may be permitted (or required) where such uses are scaled primarily to serve the residents of the residential PDD. Consideration shall be given to the project, as it exists in its larger setting in determining the appropriateness of such uses. In no case shall more than 25% of the gross site area be permitted for commercial uses, services or nonresidential uses other than open space and nonprofit recreation.

(c)

Commercial uses. If designed and organized toward the purpose and objectives of this article, a PDD with commercial uses as the major land use may be approved. All proposed shopping centers and golf courses in the Town shall be subject to approval through the PDD procedures. (See § 250-22E)

(d)

Industrial uses. If designed and organized toward the purposes and objectives of this article, a PDD with industrial uses as the major land use may be approved. All proposed industrial developments for the Town of Spafford shall be subject to approval through the PDD procedures. Industrial uses shall not be permitted in combinations with any residential uses.

(5)

Intensity of land use. Relatively high land use intensity or dwelling unit density may be permitted if it is demonstrated that a good overall dwelling, working and/or recreation environment is thereby produced. In determining the suitability of land use intensity or dwelling unit density proposed for a PDD, each case shall be considered separately. Proposed land use intensity ratings and/or dwelling unit densities shall be completely documented by all facts, opinions and judgments used to justify the selection of the intensity rate or unit density.

(6)

Common property. Common property in a PDD is a parcel or parcels of land together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When common property exists (and such may be required), the ownership of such common property may be either public or private; when common property exists in private ownership, satisfactory arrangements shall be made for the improvement, operation and maintenance of such common property and facilities thereon, including but not limited to private streets, drives, service and parking areas, open space and recreation areas.

Approval of PDD. For full approval of a proposed PDD the applicant shall:

(1)

Secure a zoning district change from the Town Board for the subject property from its present district to Planned Development District, which process shall be that of amending this chapter and the Zoning Map to include the proposed PDD plan and all the related specifications including the use and dimensional regulations specific thereto.

(2)

After the zoning district change, it shall be required that the subdivision and platting of all lands in the proposed PDD be subject to § 250-22E of this Code.

(3)

Before construction and occupancy of buildings or land, proper permits shall be secured by the applicant in accordance with Chapter 94, Building Construction and Fire Prevention, of this Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Application requirements for PDD. When any PDD is proposed, before any permit for erection of a permanent building in such PDD shall be granted, and before any subdivision plat or any part thereof may be filed in the Onondaga County Clerk's Office, the applicant or his authorized agent shall apply for and secure approval of such PDD in accordance with the following specific procedures.

(1)

Pre-application discussion stage. Prior to formal application, the applicant may present the proposed PDD to the Town Board in rough sketch and written descriptive form to get the initial opinions concerning the suitability of the concepts and general elements of the development, and to make sure the required procedures for the PDD application are fully understood by the applicant. In this stage it is advised that most of the items in this section be addressed at least in rough form by the applicant.

(2)

Application for PDD zoning. A complete application for the establishment of a PDD shall be made to the Town Board in plan (drawn to scale) and written application on forms provided by the Code Enforcement Officer. Prior to Town Board action, the Town Board shall immediately after receiving the complete application refer it, for the purpose of review and recommendations, to the Town Planning Board which shall have 30 days from its next regularly scheduled meeting within which to review and comment on the PDD application. As applicable in accordance with §§ 239-l and 239-m of Article 12-B of the New York State General Municipal Law, the Town Board shall refer the PDD application for formal review and recommendations to the Onondaga County Planning Board which shall have 30 days or an agreed-upon longer period from its next regularly scheduled meeting within which to submit its report. If either Planning Board does not report to the Town Board within the specified time period, their inaction shall be construed as having no recommendations.

(3)

Acceptability of a PDD proposal shall be based upon the Town Board's judgment concerning the overall quality of the PDD proposal, and the extent of its impact upon the Town and its citizens, and their or other's properties. In order for the Town Board adequately to evaluate the PDD proposal, the application (in its plan and written form) shall address the following areas, and the information shall be furnished therein in a complete manner.

(a)

Project particulars. Shall include the name and location of the project, name(s) and address(es) of the owner(s), a legal description of the property, and the names of owners of abutting properties.

(b)

Type of development. The type of development shall be fully described, including at least the following information:

[1]

Residential. Total acreage of residential area and each residential portion of the development; total number of dwelling units and number in each residential portion; percentage and numbers of dwelling units by type (single family, garden apartment, townhouses, etc.); dwelling unit density per gross site acreage; estimated population of the development and estimated number of school-age children.

[2]

Commercial. Total acreage of commercial area; gross leasable floor area in square feet; land use intensity rating; general description of commercial types and their general requirements for receiving and delivering goods.

[3]

Industrial. The total acreage of industrial area; land use intensity rating; types of industry and industrial process involved; source, type, general quantities and method of shipment for raw materials; general quantities and method of shipment for products; types of wastes and residuals.

(c)

Staging of development. Description on plan and in written form(s) of the planned staging of the project (and such staging may be required).

(d)

Natural site. A description of each natural site shall be included with at least the following information: soil characteristics and limitations; extent of and treatment intended for the site's vegetative cover (especially trees); topographical features (on topographic map); existing and proposed site drainage; foreseeable needs of the site for construction precautions; existing conditions of and the projected effects upon the ground and surface waters of the site and community; possible air pollution hazards.

(e)

Site planning and design considerations. Descriptions and illustrations of the following: site ingress and egress; parking; on-site pedestrian and vehicular circulation; general landscaping treatment; general location and arrangement of buildings and other structures; locations of all facilities; and general visual description.

(f)

Transportation and traffic. Descriptions of at least the following; existing streets serving the area; the level of service provided by existing streets in terms of traffic count and street traffic capacities; expected modifications for existing street systems required by project; estimated daily automobile trips generated by the residential and other uses; availability of public transportation to site; design considerations for preventing on-site and area traffic congestion.

(g)

General market information. Describe the need for the proposed land uses in their proposed locations and their proposed quantities; and the intended market structures for the residential units (prices and rents, describe whether low-income, middle-income, luxury, etc.).

(h)

Projected fiscal impacts on Town. Calculations of projected Town revenues and costs to be expected by the Town as a result of the proposed development.

(i)

Utilities and related services. Describe the following and detail their intended locations on the plan(s); the method and projected quantities of wastewater (sewage) from the development; demand and source of supply for water; level of service needed and available for fire protection; demands for and availability of gas and electricity; projected quantities of and method of disposal for solid wastes. In addition, a description of the potential impact to the local school district(s) shall be furnished.

(j)

General effects of development on neighborhood and community appearance and land use. Description of effects on the appearance and relationship of project to predominant character and land use in area (compatibility).

(k)

Relationship of proposed PDD to official Town and county development policies. Information on how the proposed PDD relates to local and area wide goals and policies as stated in plans and regulations.

(l)

Development, operation and maintenance of open space and common properties. A general statement concerning the responsibility for these and proposed methods for their implementation.

(m)

Developer competence. Evidence in the applicant's behalf to demonstrate his competence to carry out plan and his awareness of the scope of the project, physical and financial.

(n)

Other. Any other such information as the Town Board deems to be reasonably pertinent to the adequate consideration and evaluation of the proposed project.

(4)

Public hearing. Upon receipt of the Planning Board's recommendations or once the specified review period expires, whichever occurs first, the Town Board shall, within 45 days, schedule and conduct a public hearing for the purpose of considering the change in zoning district to PDD for the applicants plan in accordance with the procedures required under § 265 of the New York State Town Law.

(5)

Town board action. Within 45 days after a public hearing the Town Board shall render its decision on the PDD application. The approval of a PDD application shall require the approval of a supermajority of the members of the entire Town Board. If the Town Board grants the PDD zoning, the Zoning Map[1] shall be so noted, and the chapter shall be amended so as to define the legal boundaries of the PDD, but such action shall only grant permission for development of the specific proposed land uses in accordance with the use and dimensional specifications, plans and related materials filed with the Town Board and related to the specific PDD; such specifications, plans and related materials to include, if deemed necessary by the Town Board to protect the public health, safety and welfare of the Town, any conditions and requirements for the applicant to meet. The approved plan and the related attachments shall be deemed an amendment to this chapter and shall serve as continuing land use controls for the specific Planned Development District; the first such zoned PDD shall be designated "PDD-1," with subsequent unrelated Planned Development Districts to be numbered in continuing sequence.

[1]

Editor's Note: The Zoning Map is on file in the Town Clerk's office.

(6)

Annual review of PDD. The Code Enforcement Officer shall review the PDD annually in order to determine the amount and quality of the progress made by the developer toward fulfilling the specifications and plans and any attached conditions, and make a report to the Town Board. Based upon the progress made by the developer, the Town Board may reconsider the PDD and further amend the Law in relation to it, if progress is not to the satisfaction of the Town Board or not in keeping with the staging approved by the Town Board. If no progress is made on the site of the PDD within the first year after approval, the Town Board may consider changing the zoning of the property to the original or other district. Little or no progress on the PDD site by the developer does not guarantee the Town Board will take action to change zoning, especially if the developer demonstrates to the satisfaction of the Town Board that he is acting in continuing good faith and, where applicable, the preliminary plat plans are in preparation.

Design standards and specific requirements. The following uses shall be permitted in the Town of Spafford only in accordance with the procedures of this article; and in addition to the other provisions of this article, the following requirements shall apply to the specific planned developments.

(1)

Shopping centers are subject to the following provisions:

(a)

The minimum lot size for such use shall be 10 acres.

(b)

Off-street parking shall be provided in accordance with Article X.

(c)

A shopping center shall have its frontage on a state or county road, and ingress and egress for the site shall be designed so as not to constrict the flow of traffic on the public road.

(d)

Parking, loading, and service areas shall be located entirely within the confines of the lot, shall be physically separated from public streets by buffer strips against un-channeled motor vehicular ingress.

(e)

All access ways to a public street, according to access management standards, shall be located not less than 200 feet for a 30 mph area and 495 feet for a 55 mph area, from the intersection of any street line.

(f)

All buildings shall be arranged in a group or in groups, and the distance at the closest point between any two buildings or groups of attached buildings, shall be not less than 15 feet.

(g)

Along any adjoining lot line, a buffer strip shall be provided which shall not be less than 25 feet in thickness and shall be planted with at least grass, shrubs and trees (to attain an average height of at least 12 feet) along the entire length of the lot line to serve as a barrier to visibility, air-borne particles, glare and noise. Such screen planting shall be located within at least the exterior 10 feet of the buffer strip.

(h)

All parking, loading, access and service areas shall be adequately illuminated at night. Such lighting, including sign lighting, shall be arranged so as to protect the highway and adjoining property from direct glare of hazardous interference of any kind.

(i)

All utility lines servicing a shopping center shall be placed underground.

(2)

Golf courses and/or country clubs are subject to the following provisions:

(a)

Minimum lot size shall be 50 acres.

(b)

All buildings shall be not less than 100 feet from any lot line.

§ 250-23 Burns Planned Development District - PPD-1.

[Added 8-22-2013 by L.L. No. 1-2013]

The foregoing recitals are incorporated herein as if set forth at length.[1]

[1]

Editor's Note: See L.L. No. 1-2013 for said recitals.

The Town of Spafford hereby establishes as PDD-1 the Burns PDD No. 1, a change of zoning for the premises from Residential-Agricultural to Planned Development District.

The premises shall be used as a public conservation area, shall be accessed via Covey Road, and shall consist of a parking area for 12 vehicles, an interpretive kiosk and benches for visitors to the premises, and associated hiking trails and pathways as depicted on the Trail Plan provided by the applicant. Three small fields may continue to be used for agricultural purposes.

The following special conditions shall apply to PDD-1:

(1)

The Town of Spafford Code is amended to establish the Burns PDD No. 1; and

(2)

The applicant shall comply with all representations as set forth in the plans, except as specifically addressed below; and

(3)

The minimum permitted frontage of the premises along Covey Road shall be 49 feet.

(4)

The applicant shall comply with the trail construction sequence and details as set forth in the plans; and

(5)

All hiking trails and associated pathways shall be set back from neighboring property lines a minimum of 100 feet, with the following exceptions: the portions of the trail west of N.Y.S. Route 41 that include an existing stream crossing just south of the parking area, an area in the vicinity of a scenic vista at the southern end of the trail system, and an area located near the remains of a historic home site north of the parking area shall maintain the maximum setback practicable while still providing access to or views of the aforementioned resources; and

(6)

The applicant shall not construct any buildings for use or occupancy by itself or the public on the premises, with the exception that one structure shall be permitted for the storage of maintenance equipment, supplies, and related materials provided such structure shall not exceed a size of 240 square feet or a height of 15 feet and shall maintain a minimum setback of 40 feet from all property lines; and

(7)

The premises shall be open to the public during daylight hours only unless otherwise permitted in Subsection D(8) below; and

(8)

Camping and/or similar overnight usage of any kind is prohibited on the premises, with the exception that the Boy/Girl Scouts or similar organizations or groups may be permitted to camp on the premises with the permission of the owner; and

(9)

The use of the premises for hunting is allowed provided that anyone wishing to hunt obtain permission from the owner, all applicable New York State hunting laws and regulations are complied with, and the owner develop and implement a hunting management plan specific to the premises and consistent with such laws and regulations; and

(10)

No lighting of any kind shall be erected on the premises; and

(11)

Signs designating parking and the location of trails shall not exceed a total area of six square feet. The interpretive kiosk shall not be considered a sign for the purpose of complying with this provision; and

(12)

The appearance and location of any temporary signage shall be reviewed and approved by the Town of Spafford Code Enforcement Officer; and

(13)

The demolition of the existing structure located on the premises and the construction of the aforementioned parking area improvements shall require review and approval by the Town of Spafford Code Enforcement Officer.

(14)

The applicant shall coordinate with the NYS Department of Transportation, the Onondaga County Department of Transportation, and/or the Town of Spafford Highway Department to ensure that all required signage and road markings are placed and properly maintained at the intersection of Covey Road and N.Y.S. Route 41; and

(15)

No utilities or rest rooms of any kind shall be extended to, brought onto, or constructed on the premises; and

(16)

No trash receptacles and no more than three picnic tables shall be allowed on the premises; and

(17)

Public access to the premises shall be limited to the Covey Road entrance off of N.Y.S. Route 41. Under no circumstances shall public access be permitted via Spafford Landing Road; and

(18)

The Burns PDD No. 1 and its associated uses shall not be expanded to adjacent properties in the Town of Spafford unless all required approvals for any such expansion or use are obtained from the Town of Spafford; and

The Town Zoning Map[2] shall be amended to reflect the establishment and location of the newly established PDD-1 as depicted on the plans.

[2]

Editor's Note: The Zoning Map is on file in the Town Clerk's office.

§ 250-24 Burns Planned Development District No. 2 - PDD-2.

[Added 8-22-2013 by L.L. No. 2-2013]

The foregoing recitals are incorporated herein as if set forth at length.[1]

[1]

Editor's Note: See L.L. No. 2-2013 for said recitals.

The Town of Spafford hereby establishes as PDD-2 the Burns PDD No. 2, a change of zoning for the premises from Residential-Agricultural to Planned Development District.

The premises shall be used as a public conservation area and shall consist of a proposed hiking trail/pathway to be accessed via the premises' frontage along N.Y.S. Route 41.

The following special conditions shall apply to PDD-2:

(1)

The Town of Spafford Code is amended to establish the Burns PDD No. 2; and

(2)

The applicant shall comply with all representations as set forth in the plans, except as specifically addressed below; and

(3)

The applicant shall comply with the trail construction sequence and details as set forth in the plans; and

(4)

The hiking trail/pathway extending from N.Y.S. Route 41 east to the Ripley Hill Nature Preserve shall maintain a minimum side setback of 10 feet; and

(5)

The applicant shall not construct any buildings for use or occupancy by itself or the public on the premises; and

(6)

The premises shall be open to the public during daylight hours only; and

(7)

Camping and/or similar overnight usage of any kind is prohibited on the premises; and

(8)

(9)

No lighting of any kind shall be erected on the premises; and

(10)

Signs designating parking and the location of trails shall not exceed a total area of six square feet; and

(11)

The appearance and location of any temporary signage shall be reviewed and approved by the Town of Spafford Code Enforcement Officer; and

(12)

No roadways, parking areas or similar improvements shall be permitted on the premises.

(13)

The applicant shall coordinate with the NYS Department of Transportation, the Onondaga County Department of Transportation, and/or the Town of Spafford Highway Department to ensure that all required signage and road markings are placed and properly maintained at the convergence of the hiking trail/pathway and N.Y.S. Route 41; and

(14)

No utilities or rest rooms of any kind shall be extended to, brought onto, or constructed on the premises; and

(15)

No trash receptacles or picnic tables shall be located on the premises; and

(16)

The Burns PDD No.2 and its associated uses shall not be expanded to adjacent properties in the Town of Spafford unless all required approvals for any such expansion or use are obtained from the Town of Spafford; and

The Town Zoning Map[2] shall be amended to reflect the establishment and location of the newly established PDD-2 as depicted on the plans.

[2]

Editor's Note: The Zoning Map is on file in the Town Clerk's office.