Town of Van Buren, NY Article X Design Standards

§ 200-69 Landscaping requirements.

Following are the minimum landscaping requirements:

A. Where any land use in nonresidential districts abuts land in any residential district, a strip of land, at least 25 feet in width, shall be maintained by the owner as a landscape and utility area in the front yard, side yards and/or rear yard which adjoins these other districts.

B. Where any nonresidential land use in a residential district abuts any land use in a residential district, a strip of land at least 15 feet in width shall be maintained by said nonresidential land user as a landscape and utility area in the front yard, side yards and/or rear yard which adjoins these uses. Landscaping required under this section to be installed and maintained in front, side and rear yards shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover. One shade tree at least eight feet in height and at least three inches in diameter measured at a point six inches above finished grade level shall be planted no nearer than five feet to any lot line for each 300 square feet of required landscaped area; and one deciduous shrub or evergreen shall be planted for each 200 square feet of required landscaped area. All such landscaping shall be maintained in a healthy growing condition, with ground cover or grassed areas.

C. Shade trees include trees, such as maple, oak, sycamore, pine, fir, spruce, hemlock, birch, ash, hackberry, tulip, maiden fern, linden, locust, alder, dogwood, magnolia, chestnut, and/or hawthorn trees, which are at least 10 feet in height, and at least two inches in diameter measured at a point six inches above finished grade level.

§ 200-70 Screened service area requirements.

In any district, all areas designated, used or intended to be used as service areas for any building or land use, other than one-family and two-family dwelling units, shall be screened from view with either a wall, a solid fence or a fence and evergreens to a height of at least five feet above grade level, on all sides where the adjacent land is in a residential district or residential use.

§ 200-71 Fences in all districts. [1]

[Added 11-7-2018 by L.L. No. 5-2018]

Fences located in any zoning district shall be constructed or installed so that the finished side of such fence shall face the adjoining landowner.

[1] Editor's Note: Former § 200-71, Open vehicle storage, was repealed 8-5-2008 by L.L. No. 9-2008.

§ 200-72 Fences and walls in residential districts.

The following regulations shall apply to fences and walls in residential districts:

A. On corner lots, no fence, wall, hedge or other planting or structure more than 3 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 35 feet distant from the point of intersection, measured along said street lines.

B. On all lots, no wall, hedge or fence over 3 1/2 feet in height shall be erected within the front yard.

C. No fence, wall, hedge or other planting or structure shall be erected, placed or maintained within the street lines of any street except upon the specific approval and consent of the Town Board. Upon such approval and consent, the party desiring to erect, place or maintain such fence, wall, hedge or other planting or structure shall enter into a license agreement with the Town granting permission for the requested intrusion into the street. Such license agreement shall be in such form and substance as may be approved from time to time by the Town Board and/or legal counsel for the Town.

D. Upon receiving any request or application to erect, place or maintain any fence, wall, hedge or other planting or structure within the street lines of any street, the Town Board may, at its discretion, seek advisory recommendations on such request or application from the Code Enforcement Officer, Planning Board and/or Zoning Board of Appeals.

§ 200-73 Stormwater management; erosion and sediment control.

[Amended 12-5-2006 by L.L. No. 9-2006]

A. Findings of fact. It is hereby determined that:

(1) Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;

(2) This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;

(3) Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

(4) Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation;

(5) Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;

(6) Substantial economic losses can result from these adverse impacts on the waters of the municipality;

(7) Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;

(8) The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety;

(9) Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

B. Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 200-73A hereof. This section seeks to meet those purposes by achieving the following objectives:

(1) Meet the requirements of minimum measures 4 and 5 of the SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s), Permit No. GP-02-02, or as amended or revised;

(2) Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) general permit for construction activities, Permit No. GP-02-01, or as amended or revised;

(3) Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;

(4) Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

(5) Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

(6) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution wherever possible through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

C. Statutory authority. In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Van Buren has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Van Buren and for the protection and enhancement of its physical environment. The Town Board of the Town of Van Buren may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.

D. Applicability. This section shall be applicable to all land development activities as defined in this section. The Town Board shall designate the Town officer or other qualified individual of its choosing to accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The officer or individual so designated may review the plans, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost to be passed on to the land developer, or accept the certification of a licensed professional that the plans conform to the requirements of this section. All land development activities subject to review and approval by the Planning Board of the Town of Van Buren under Subdivision of Land (Chapter 175 of the Town Code) and Zoning (Chapter 200 of the Town Code) Regulations shall be reviewed subject to the standards contained in this section. All land development activities not subject to review as stated in Subsection E below shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Town officer or other qualified individual designated by the Town Board, who shall approve the SWPPP if it complies with the requirements of this section.

[Amended 5-5-2012 by L.L. No. 4-2012]

E. Exemptions. The following activities may be exempt from review under this section:

(1) Agricultural activity as defined in this section;

(2) Logging activity undertaken pursuant to an approved timber management plan prepared or approved by the County Soil and Water Conservation District or the New York State Department of Environmental Conservation, except that landing areas and log haul roads are subject to this section;

(3) Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility;

(4) Repairs to any stormwater management practice or facility deemed necessary by the Code Enforcement Officer;

(5) Any part of a subdivision if a plat for the subdivision has been approved by the Planning Board of the Town of Van Buren on or before the effective date of this section;

(6) Land development activities for which a building permit has been approved on or before the effective date of this section;

(7) Cemetery graves;

(8) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles;

(9) Emergency activity immediately necessary to protect life, property or natural resources;

(10) Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family; and

(11) Landscaping and horticultural activities in connection with an existing structure.

F. Definitions. The terms used in this § 200-73 or in documents prepared or reviewed under this section shall have the following meaning:

AGRICULTURAL ACTIVITY

The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

APPLICANT

A property owner or agent of a property owner who has filed an application for a land development activity.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING

Any activity that removes the vegetative surface cover.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DEPARTMENT

The New York State Department of Environmental Conservation.

DESIGN MANUAL

The New York State Stormwater Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

DEVELOPER

A person who undertakes land development activities.

EROSION CONTROL MANUAL

The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."

GRADING

Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER

Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).

INDUSTRIAL STORMWATER PERMIT

A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

INFILTRATION

The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

LAND DEVELOPMENT ACTIVITY

Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDOWNER

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT

A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

NONPOINT SOURCE POLLUTION

Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

PHASING

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT

Land development activity.

RECHARGE

The replenishment of underground water reserves.

SEDIMENT CONTROL

Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS

Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, and habitats for threatened, endangered or special-concern species.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.

STABILIZATION

The use of practices that prevent exposed soil from eroding.

STOP-WORK ORDER

An order issued which requires that all construction activity on a site be stopped.

STORMWATER

Rainwater, surface runoff, snowmelt and drainage.

STORMWATER HOTSPOT

A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

STORMWATER MANAGEMENT

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY

One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT PRACTICES (SMPs)

Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF

Flow on the surface of the ground, resulting from precipitation.

SURFACE WATERS OF THE STATE OF NEW YORK

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY

A channel that directs surface runoff to a watercourse or to the public storm drain.

G. Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate Planning Board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this subsection.

(1) Contents of stormwater pollution prevention plans. All SWPPPs shall provide the following background information and erosion and sediment controls:

(a) Background information about the scope of the project, including location, type and size of project;

(b) Site map/construction drawing(s) for the project (scale for the maps should be no smaller than one inch equals 100 feet), including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s);

(c) Description of the soil(s) present at the site;

(d) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;

(e) Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

(f) Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

(g) Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;

(h) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(i) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(j) Temporary practices that will be converted to permanent control measures;

(k) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(l) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m) Name(s) of the receiving water(s);

(n) Delineation of SWPPP implementation responsibilities for each part of the site;

(o) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(p) Any existing data that describes the stormwater runoff at the site.

(2) Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection G(3) below as applicable:

(a) Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

(b) Condition B: stormwater runoff from land development activities disturbing five or more acres.

(c) Condition C: stormwater runoff from construction activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

(3) SWPPP Requirements for Conditions A, B and C:

(a) All information in Subsection G(1) above;

(b) Description of each postconstruction stormwater management practice;

(c) Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;

(d) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;

(e) Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;

(f) Dimensions, material specifications and installation details for each postconstruction stormwater management practice;

(g) Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;

(h) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property; and

(i) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection L below.

H. Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by a the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this section.

I. Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

J. Contractor certification. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. The certification statement(s) shall become part of the SWPPP for the land development activity. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

K. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:

(1) Technical standards. For the purpose of this section, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section: The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual"); and New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

(2) Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

L. Maintenance and repair of stormwater facilities.

(1) Maintenance during construction. The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.

(2) Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Van Buren to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section. The easement shall be recorded by the grantor in the office of the Onondaga County Clerk after approval by the attorney for the Town of Van Buren.

(3) Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section shall be operated and maintained to achieve the goals of this section. Proper operation and maintenance also includes as a minimum, the following:

(a) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section;

(b) Written procedures for operation and maintenance and training new maintenance personnel;

(c) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Subsection K(2) above.

(4) Maintenance agreements. The Town of Van Buren shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Onondaga County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule A of this section entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Van Buren, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

[1] Editor's Note: Said schedule is on file in the Town offices.

M. Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this local law.[2]

[2] Editor's Note: "This local law" refers to L.L. No. 9-2006, which amended § 200-73.

N. Effective date. This section shall be effective upon filing with the office of the Secretary of State.

O. Administration and enforcement.

(1) Construction inspection.

(a) Erosion and sediment control inspection. The Code Enforcement Officer may require such inspections as necessary to determine compliance with this section and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this section and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Code Enforcement Officer at least 48 hours before any of the following as required by the Stormwater Management Officer:

[1] Start of construction;

[2] Installation of sediment and erosion control measures;

[3] Completion of site clearing;

[4] Completion of rough grading;

[5] Completion of final grading;

[6] Close of the construction season;

[7] Completion of final landscaping;

[8] Successful establishment of landscaping in public areas.

(b) If any violations are found, the applicant and developer shall be notified in writing, of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Code Enforcement Officer.

(2) Stormwater management practice inspections. The Code Enforcement Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

(3) Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. Inspections shall be performed by the Code Enforcement Officer or by a professional engineer or a certified professional in erosion and sediment control, provided such professionals submit a report to the Planning Board.

(4) Submission of reports. The Code Enforcement Officer may require monitoring and reporting from entities subject to this section as are necessary to determine compliance with this section.

(5) Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Van Buren, its agents or employees, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection O(3).

P. Performance guarantee.

(1) Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Van Buren in its approval of the stormwater pollution prevention plan, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Van Buren as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

(2) Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

(3) Recordkeeping. The Town may require entities subject to this section to maintain records demonstrating compliance with this section.

Q. Enforcement and penalties.

(1) Notice of violation. When the Town determines that a land development activity is not being carried out in accordance with the requirements of this section, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

(a) The name and address of the landowner, developer or applicant;

(b) The address, when available, or a description of the building, structure or land upon which the violation is occurring;

(c) A statement specifying the nature of the violation;

(d) A description of the remedial measures necessary to bring the land development activity into compliance with this section and a time schedule for the completion of such remedial action;

(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(f) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

(2) Stop-work orders. The Town may issue a stop-work order for violations of this section. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section.

(3) Violations. Any land development activity that is commenced or is conducted contrary to this section may be restrained by injunction or otherwise abated in a manner provided by law.

(4) Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this section shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this section shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

(5) Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this section, the Code Enforcement Officer may prevent the occupancy of said building or land.

(6) Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

R. Fees for services. The Town may require any person undertaking land development activities regulated by this section to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town or performed by a third party for the Town.

§ 200-74 Driveways.

A. Purpose: to establish regulations for the construction of driveways allowing access to Town roads within the Town of Van Buren. These provisions are adopted with the understanding that the Town highway system serves two major purposes: it must provide safe and efficient movement of people and goods and reasonably convenient access to the abutting property owner. The intent of these provisions is to balance these two roles without allowing one to become a serious detriment to the other.

B. Permits. Any person, institution or corporation desiring permanent or temporary access to a Town highway shall obtain a driveway permit from the Highway Superintendent prior to the commencement of construction.

(1) Application:

(a) Application for a driveway permit shall be on such forms as determined and supplied by the Highway Superintendent and shall include such information as may be necessary to determine compliance with this section and any other applicable codes, rules and regulations.

(b) The applicant shall furnish with the application, maps detailing the location of the property and the location of the proposed driveway for which approval is requested. The Highway Superintendent may require such other additional documentation as the Superintendent in his sole discretion shall deem appropriate, including but not limited to photographs, surveys or reports.

(2) Issuance. Within a reasonable time after the submission of a completed application, payment of the applicable fee as determined from time to time by resolution of the Town Board, and additional documentation, if requested, the Highway Superintendent shall cause the application to be reviewed. Should compliance be determined, the Highway Superintendent shall issue a permit for the construction of the driveway as specified on the approved application. An incomplete application or lack of sufficient information shall be cause for denial of the permit.

C. Classifications. Driveways shall be classified by the Highway Superintendent as to the most prominent use of the driveway. All driveways entering Town roads shall be classified as follows:

(1) Farm entrance: a driveway servicing a farm yard, cultivated or uncultivated field, timberland, or undeveloped land not used for nonagricultural purpose and utilized primarily by farm vehicles such as tractors, feed trucks, milk trucks, and other tall vehicles.

(2) Residential driveway: a driveway servicing a private home containing no more than one two-family unit.

(3) Intense-use driveway: a driveway servicing a commercial establishment, industry, governmental or educational institution, private utility, hospital, church, apartment building, multiple dwellings, or other comparable traffic-generating facility.

(4) Industrial driveway: a commercial driveway generating high-intensity heavy truck and trailer traffic.

D. Design regulations.

(1) Residential driveways:

[Amended 9-15-2021 by L.L. No. 1-2021]

(a) The maximum number of driveway entrances onto a Town road shall be one per building lot having 150 feet of frontage or less. Where frontages greater than 150 feet are encountered, the Highway Superintendent may allow more than one driveway entrance.

(b) The angle of all driveways with Town roads shall be as close to 90° as practicable.

(c) The minimum driveway width shall be 10 feet. The maximum width of driveways shall be 30 feet. However, a thirty-foot driveway maximum may not be allowed if the proposed driveway will not meet the requisite distance from an intersection set forth in Subsection D(1)(h); the driveway would not meet the requisite sight distance set forth in Subsection D(1)(i); and snow storage, drainage issues and infrastructure, sign locations, and/or the like require a driveway of a more narrow width as determined by the Town Engineer, Highway Superintendent and/or Code Enforcement Officer.

(d) The minimum return radius at the intersection of driveways and the road surface shall be 10 feet, and in no case shall the radius extend beyond the intersection of the pavement edge and the side property line as projected.

(e) Driveways shall slope down from the road surface to the drainage line at grades of 1/4 inch per foot or existing shoulder pitch, whichever is greater.

(f) The sizes and slopes of driveway storm drains and culverts within the Town road right-of-way shall be as specified by the Highway Superintendent. The owner shall bear all costs for pipe, grading, paving, etc., required within such right-of-way.

(g) Applications pertaining to driveways shall be reviewed by the Town Engineer, Highway Superintendent and Code Enforcement Officer. The Code Enforcement Officer is the responsible party for issuing a permit based upon the recommendations of the Town Engineer and/or the Highway Superintendent.

(h) No driveway shall be constructed within 100 feet of a road intersection measured from the nearest intersection of the right-of-way lines.

(i) No driveway shall be constructed where the sight distance is less than 10 times the legal, posted maximum speed limit. The applicant shall also trim brush and maintain their property in such a manner as to maintain optimal sight distance.

(j) If a driveway enters onto a state or county road, said driveway must meet all state or county regulations and/or requirements, whichever the case may be.

(k) It is the intent of this chapter to grandfather any driveways not meeting the above standards installed prior to the date of the enactment of this section.

(2) Intense-use driveways:

(a) The maximum number of driveway entrances onto a Town road shall be two per building lot having 250 feet of frontage or less. Where frontages greater than 250 feet are encountered, the Highway Superintendent may allow more than two driveway entrances.

(b) No driveway will be constructed closer than 100 feet from a road intersection as measured from the nearest edge of proposed driveway to the intersection of the right-of-way lines.

(c) Driveways and parking areas shall be designed so that no parking, loading or servicing of vehicles will take place within the Town road right-of-way and so no vehicles will be required to back onto the Town road to gain ingress or egress to the abutting property.

(d) The angle of all driveways shall be as close to 90° as practicable, but in no event less than 45°.

(e) The maximum width of driveways shall be 40 feet. The minimum driveway width shall be 20 feet.

(f) The maximum return radius at the intersection of driveways and the road surface shall be 50 feet, the minimum return radius shall be 20 feet, and in no case shall the radius extend beyond the intersection of the pavement edge and the side property line as projected.

(g) Islands.

[1] Island areas shall be required to define the location of driveways and to create a median strip between the Town road surface and facilities on adjacent properties. Where no curbing exists, the island areas shall extend from a line parallel to and a minimum of 10 feet from the pavement edge to the right-of-way line or beyond.

[2] The island shall be constructed to limit access to the property exclusively at designated driveways. On highways with shoulders, the island area shall not encroach on the usable shoulder width. On highways with drainage ditches, the ditch may be used as a barrier and the designated driveways carried across the ditch. Delineation should be provided to guide motorists and to prevent their driving into a ditch. All island areas shall be defined by six-inch curbing, or other suitable materials, and shall have grass or blacktop surfaces.

(h) Driveways shall slope down from the road surface to the drainage line at grades of 1/4 inch per foot or existing shoulder pitch, whichever is greater.

(i) The sizes and slopes of driveway storm drains and culverts within the Town road right-of-way shall be specified by the Highway Superintendent. The owner shall bear all costs for pipe, grading, paving, etc., required within such right-of-way.

(j) No driveway shall be constructed where the sight distance is less than 10 times the legal, posted maximum speed limit. The applicant shall also trim brush and maintain his property in such a manner as to maintain optimal sight distance.

(3) Field entrances (agricultural driveways). Additional driveways utilized exclusively by agricultural vehicles servicing lands utilized in agricultural production shall be allowable, as determined by the Highway Superintendent, subject to the following limitations:

(a) Such driveway shall be located in such a location to minimize the travel distance of the agricultural vehicles from the driveway to the usual intended destination of the vehicle.

(b) No such driveway shall be constructed within 100 feet of a road intersection measured from the nearest intersection of the right-of-way lines.

(c) The angle of all such driveways with roads shall be as close to 90° as practicable.

(d) The maximum width of such driveways shall be 40 feet. The minimum width shall be 15 feet.

(e) The minimum return radius at the intersection of driveways and the road surface shall be 15 feet, and in no case shall the radius extend beyond the intersection of the pavement edge and the side property line as projected.

(f) Driveways shall slope down from the road surface to the drainage line at grades of 1/4 inch per foot or existing shoulder pitch.

(g) The sizes and slopes of driveway storm drains and culverts within the Town road right-of-way shall be as specified by the Highway Superintendent. The owner shall bear all costs for pipe, grading, paving, etc., required within such right-of-way.

(h) No driveway shall be constructed where the sight distance is less than 10 times the legal posted maximum speed limit. Said distance shall be measured from a height of 72 inches at a point located 10 feet from the pavement edge.

(4) Industrial driveways. In addition to the standards applicable to intense-use driveways, the Town's Code Enforcement Officer, in consultation with the Town Engineer, may impose such other and further requirements for industrial driveways as necessary to promote the safety of users of the Town system of highways.

(5) Corner lot driveways shall be located as far from the intersection as possible, subject to the approval of the Highway Superintendent.

[Added 8-5-2008 by L.L. No. 9-2008]

E. Drainage regulations.

(1) All existing and proposed drainage conditions shall be indicated on the plans submitted by the applicant.

(2) Facilities to carry water through and/or off the owner's property shall be designed and constructed so that no damage will occur to existing and proposed buildings, driveways, adjacent properties, drainage facilities and public improvements.

(3) In no case shall a driveway be constructed so as to convey water onto the Town road surface.

F. Location and layout.

(1) A driveway system shall be so located as to provide:

(a) The most favorable vision, grade and alignment conditions for motorists using the proposed driveway and highway;

(b) The least interference with the free and safe movement of highway traffic; and

(c) The maximum safety and convenience for pedestrians and other users of the highway right-of-way.

(2) Placement. In the interest of public safety and convenience, the Town Highway Superintendent may restrict the placement of a driveway to a particular location along the owner's road frontage or require the relocation of existing driveways subject to this chapter.

(3) Access of business, commercial or industrial use. No driveway or other means of access for vehicles, other than a public street, shall be maintained or used in any residential district for the servicing of a business, commercial or industrial use.

(4) Restrictions. The Highway Superintendent shall impose such other restrictions and conditions on the issuance of a driveway permit as, in his discretion, may be required to implement the purposes of this chapter. Such conditions and restrictions may include, but are not limited to, traffic control devices, pavement markings, turn restrictions or other conditions deemed necessary by the Highway Superintendent.

G. Liability. The adoption of this section is to provide a minimum procedure for the regulation of access to Town highways. Its adoption and enforcement is not intended to relieve the property owner and the individuals constructing driveways in the Town from any obligation or responsibility to avoid the creation of dangerous conditions. Additionally, the adoption, administration or enforcement of this section shall not act as the basis for any claim of any nature from anyone concerning the location, existence, maintenance, construction, regulation or design of driveways.

H. Maintenance responsibility.

(1) Property owners having access to a Town highway shall be fully responsible for maintenance of their driveway and channelization, including the portion from the highway right-of-way line to the outside edge of the highway shoulder or curbline. The maintenance responsibility includes removal of snow and ice and keeping the portion within the highway right-of-way in a safe condition for the general public. Where the owner of a commercial property is required to construct acceleration, deceleration or turning lanes on the Town highway, the Town may, in the interest of public convenience, provide routine maintenance and remove snow and ice on the portions of these lanes constituting an integral part of the Town highway. Such maintenance shall not absolve the property owner of the overall maintenance responsibility for the reconstruction and major repair of such lanes, if necessary.

(2) The property owner shall be responsible for the maintenance of ditches, pipes, catch basins, grates and other drainage structures constructed in connection with providing access to his property. All traffic control devices, such as traffic signals, stop and yield signs, delineators, etc., installed by the property owner in the highway right-of-way with the permission of the Town, shall conform to the Manual of Uniform Traffic Control Devices and be maintained, energized and replaced by the property owner. The property owner shall also trim brush and maintain his property in such a manner as to maintain optimal sight distance.

I. Performance bonds and deposits. A performance bond and/or a deposit may be required for a permit issued for construction or reconstruction of a commercial driveway to protect the Town against the cost of completing construction or correcting deficiencies. The deposit shall be returned if the work is satisfactorily completed. The performance bond amount or deposit will be determined by the Town Board, consistent with the scope and magnitude of the work involved.

J. Construction standards and regulations.

(1) Accepted materials for drainage structures.

(a) Driveway pipe shall be either reinforced concrete, corrugated steel pipe, corrugated polyethylene storm drainpipe meeting NYSDOT material standards and shall be of a size and type as determined by the Highway Superintendent.

(b) Backfill around driveway pipes shall consist of gravel or crushed stone containing no stone greater than four inches in diameter and shall extend at least 12 inches above the driveway pipe. The backfill shall be thoroughly compacted with particular attention given to the proper placing and compaction of the backfill under the pipe haunches.

(c) No headwalls shall be constructed on ends of driveway pipes. Flared end sections may be required.

(d) Catch basins, if required, shall conform to such specifications as determined by the Highway Superintendent.

(2) Subbase and surface materials.

(a) The driveway subbase shall consist of 12 inches of gravel.

(b) The driveway surface shall be paved or consolidated in such a manner so to prevent loose material from being scattered onto the Town road surface.

(3) Excavation for drainage structures. Roadside ditches shall be excavated to the width and depths specified by the Highway Superintendent.