Notwithstanding any other provisions of this
chapter, buildings, structures and uses necessary and/or beneficial
to the Town of Victor for public or municipal purposes are hereby
permitted in any zoning district.
No lot or any part thereof in any district shall
be so reduced in size that its area or any of its dimensions or open
spaces shall be smaller than required by this chapter.
A.
No construction or impervious surface shall be permitted
within 100 feet of the boundary of a wetland or within 75 feet of
the center line of any stream having year-round flow as delineated
on a United States Geological Survey Map.
B.
Environmental reviews pursuant to NYCRR 617 (SEQR)
or other applicable laws shall be completed prior to any project approvals.[1]
[1]
Editor's Note: Former Subsection C, Wellhead
Protection Environmental Overlay District, added 2-28-1994 by L.L.
No. 2-1994, which immediately followed this subsection, was repealed
7-27-1998 by L.L. No. 4-1998.
A.
Prior to issuing a building permit for the construction
of a building on a lot in any district, except for a one-family dwelling
or residential additions or residential accessory structures less
than 1,000 square feet, the Code Enforcement Officer shall refer the
site plan of such lot to the Planning Board for its review and approval.
This review shall include but is not limited to the following:
[Amended 2-13-1995 by L.L. No. 2-1995; 10-25-1999 by L.L. No. 10-1999]
(1)
Parking.
(2)
Means of access and traffic and compliance with sight distance and access connection spacing standards of Chapter 55, Access Management.
[Amended 8-26-2019 by L.L. No. 9-2019]
(3)
Screening.
(4)
Signs.
(5)
Landscaping.
(6)
Architectural features in accordance with the guidelines set forth in § 211-31J.
[Amended 12-30-2002 by L.L. No. 13-2002]
(7)
Locations and dimensions of buildings.
(8)
Impact of proposed use on adjacent land uses.
(9)
Storm drainage, sanitary waste disposal and water
supply.
(10)
Open space provision.
(11)
Historic resources.
(12)
Fire protection.
(13)
Environmental issues.
(14)
Reservation of parkland on site plans containing
residential units.
(15)
Other elements reasonably related to the health,
safety and general welfare of the Town.
B.
Any development including more than one zoned district
shall comply with the more-restrictive zoned district. The applicant
may apply to the Town Board for rezoning or to the Zoning Board of
Appeals for a variance.
C.
Except for one-family dwellings, residential additions,
and residential accessory structures of less than 1,000 square feet
and/or a height of 15 feet, no building permit shall be issued except
in accordance with a site plan that has been approved by the Planning
Board.
[Amended 5-22-1995 by L.L. No. 5-1995; 10-25-1999 by L.L. No. 10-1999]
D.
Public hearing. All site plan applications require a public hearing
before the Planning Board. Notice of said public hearing will be provided:
1) in a newspaper of general circulation in the Town; and 2) notice
shall also be sent by the staff for the Planning Board directly to
all owners of property located within 500 feet of the property subject
of the site plan application. Furthermore, prior to any Board action,
and in order to comprise a complete site plan application, the applicant
must post a "pending action" sign within 48 hours of submission of
the application to the Town. The sign shall remain until final disposition
of the application.
[Added 2-13-1995 by L.L.
No. 2-1995; amended 9-14-2015 by L.L. No. 8-2015]
E.
No preapproval
site work. Where a site plan application is pending before the Planning
Board such that no final approval has been granted, no material changes
shall be made to the property which is the subject thereof. Such prohibited
material changes include, but are not limited to, clearing, grading,
grubbing, filling and cutting/removing trees and deadfalls, particularly
in areas proposed for conservation. Such prohibited activities shall
not include maintaining the property in its current state, including
lawn mowing, for example. Should the Planning Board determine that
a material change to the property has been made during the pendency
of the application, such application shall be deemed withdrawn. Should
the applicant wish to continue to pursue such an application, the
application must be resubmitted, along with the required fee, and
shall accurately reflect the property in its most current, post-change
state.
[Added 2-10-2014 by L.L. No. 2-2014[1]]
F.
Site plan approval expiration.
(1)
Conditions. Where a site plan approval is granted with conditions,
it shall expire 180 days from the date of the resolution granting
conditional approval unless all conditions therein are satisfied.
This period may be extended by the Planning Board for up to two ninety-day
periods at the discretion of the Planning Board.
(2)
Building permit issuance. The applicant shall obtain a building permit
for any project with site plan approval within one year from the date
of the Planning Board Chairman's signature on the final plans. If
a building permit is not issued within one year of Planning Board
Chairman's signature, the site plan approval shall expire. The one-year
period may be extended by the Planning Board for up to two ninety-day
periods at the discretion of the Planning Board.
(3)
Expiration. Upon expiration of site plan approval, the site plan
approval will become null and void, and the applicant will be required
to resubmit a complete site plan application. In the event that a
building permit expires or is canceled, the site plan approval shall
expire.
G.
Accessory structures.
[Added 10-25-1993 by L.L. No. 5-1993]
(1)
Prior to the issuance of a building permit for accessory
use structures in excess of 1,000 square feet and/or exceeding 15
feet in height, the Code Enforcement Officer shall refer the site
plan of such lot to the Planning Board for its review and approval.
[Amended 10-25-1999 by L.L. No.
10-1999]
(2)
No accessory structure shall be forward of the front
line of the primary building.
H.
Clearing, grading and filling of premises.
[Added 4-28-1997 by L.L. No. 9-1997]
(1)
No clearing, grading and filling activities shall
henceforth be commenced on lands within the Town of Victor outside
of the Village of Victor except with site plan approval under this
chapter. All clearing, grading and filling activities shall obtain
approval as part of the site plan application process.
(2)
All clearing, grading and filling activities commenced
henceforth shall be in conformity with the provisions of this chapter
and Subdivision Regulations of the Town of Victor and the Design and
Construction Standards for Land Development of the Town of Victor
unless specifically waived by the Planning Board.
(3)
Permanent removal of topsoil requires prior permission
of the Planning Board as part of the site plan approval required by
this section. Prior to said removal authorization the applicant shall
demonstrate that sufficient topsoil will remain. A minimum of six
inches of topsoil must remain throughout the area covered by site
plan approval issued under this chapter at the end of clearing, grading
or filling activities.
(4)
Site plan applications for clearing, grading and filling.
(a)
Before any clearing, grading or filling activities
are commenced in the Town, an application for a site plan shall be
filed with the Planning Board.
(b)
Written notice of the application being considered
shall be given to all adjacent property owners at least five days
prior to the Planning Board meeting.
(c)
For clearing, grading and filling activities
involving less than one acre, the application shall include five copies
of a grading sketch plan prepared by the applicant or his representative.
(d)
For clearing, grading or filling activities
involving more than one acre, the application shall include five copies
of a plan prepared by an exempted N surveyor or engineer licensed
in the State of New York at a scale of one inch equals 100 feet or
larger, showing the following:
[1]
North arrow.
[2]
Scale.
[3]
Boundaries of land owned by the applicant.
[4]
Proposed area to be cleared, graded and/or filled.
[5]
Physical features within 75 feet of the property
boundaries.
[6]
Current land use of land in question, including
zoning districts and boundaries of county agricultural district, and
adjacent lands in the general area.
[7]
Existing topography at contours not exceeding
five-foot intervals.
[8]
Limits of wooded areas.
[9]
Drainage features, including streams, ponds,
marshes, wetlands and drainage channels.
[10]
Existing structures and improvements.
[11]
Final grading of the area proposed for restoration
at a minimum of five-foot contour intervals.
[12]
Area where topsoil and overburden will be stockpiled
for use in restoration.
[13]
Final surface drainage path and the location
and characteristics of drainage facilities in the area proposed for
restoration and in contiguous areas.
[14]
Erosion control measures and sequence of operations.
[15]
Restoration plan.
[16]
Amount of topsoil, if any, that will be permanently
removed from the site.
(5)
Exemptions. The following uses, activities and operations
shall be exempt from this chapter.
(b)
All excavation, clearing, grading and filling
necessary and applicable to subdivisions and site plans heretofore
or hereafter approved by the Town of Victor, or any of its boards
or agencies.
(c)
All permitted and validly existing waste management
facilities.
(d)
Excavations or fill for septic systems and wells
attendant to single-family homes.
(e)
Household gardening and activities related to
the maintenance of landscape features on existing developed lots.
(f)
Governmental and public utility activities to
the extent such activities are exempted by law.
(6)
Surety requirements. For activities involving an area greater than one acre, surety in an amount of not less than $1,000 per acre, as recommended by the Engineer for the Town and approved by the Town Planning Board, shall be required. After the approval of the application and before the Planning Board Chairman's signature of the site plan, the applicant and each owner of record of the premises, other than the applicant, shall jointly execute and file with the Town Clerk surety in the amount approved by the Town Planning Board. The surety shall guarantee that work shall be in conformity with the approved site plan requirements and the standards set forth in this chapter, and provide funds for the restoration of the property by the Town, if necessary. Surety will be administered according to the applicable provisions outlined in Chapter 184 of the Town of Victor, § 184-14C(9), Approval of surety.
(7)
Standards for approval or denial of clearing, grading
and filling applications. In approving or denying a clearing or grading
site plan application, the standards and considerations taken into
account shall include but not be limited to the following:
(a)
Whether the clearing and grading is in conformance
to the Town Design and Construction Standards and in accord with the
intent of the Town Comprehensive Plan or Master Plan.
(b)
Whether the activity will cause soil erosion
or render the land unproductive or unsuitable for agricultural or
development purposes.
(c)
Whether the activity will impair the aesthetic
or natural environment of the site or surrounding area.
(d)
Whether the activity will affect the character
of surrounding land use.
(e)
Whether the activity will impair the existing
drainage.
(f)
Whether the site can be effectively restored
and revegetated.
(8)
Standards for clearing and grading.
(a)
No clearing or grading activity shall be located
closer than 10 feet to a public right-of-way or adjoining property
line.
(b)
Any area of stockpile materials shall be sufficiently
protected to prevent erosion.
(c)
Protection of existing topography and wooded
areas shall be considered as much as possible.
(d)
The natural pattern of surface drainage prior
to the clearing and grading activities shall not be so changed as
to adversely affect adjacent properties and natural water bodies and
streams.
(e)
Finished slopes shall be based on the Town's
Design and Construction Standards for Land Development.
(f)
Erosion and sedimentation control measures shall
be provided to protect slopes and unstable areas from erosion and
to prevent the accumulation of silt and sediment in drainage systems,
streams, water bodies and on downstream properties.
(9)
Time limits. The site plan, if approved, will establish
the period of time in which the clearing and grading of fill shall
be completed and time within which the restoration must be completed.
Upon due cause being shown to the approving agent or body, an extension
of time and conditions may be granted.
(10)
Stop-work orders. The Town Code Enforcement
Officer shall have the right and authority to issue stop-work orders
to those operating in violation of the terms of this section.
(11)
Revocation of grading site plan approval. Upon
violation of any provision of this section or if, upon periodic inspection
and review, activities have not been conducted in full compliance
with the terms of the site plan and compliance is not effected within
10 days after written notice of the violations to the permit holder,
the site plan approval may be revoked by authority of the approving
agent. The Town shall thereafter also have the right to do or cause
to be done such work, including restoration, necessary to meet the
terms of the permit and to recover the cost from the permit holder
and/or his surety.
I.
Prior to issuing a permit for the demolition of any building in any district, the Code Enforcement Officer shall refer said permit application to the Planning Board for review pursuant to § 211-50.1.
[Added 1-24-2000 by L.L. No. 1-2000; amended 5-8-2017 by L.L. No. 3-2017]
J.
Route 96-251 Corridor Overlay District and all commercial
and industrial site plans. All commercial and industrial site development
shall comply with the following architectural guidelines as reviewed
by and approved by the Planning Board.
[Added 12-30-2002 by L.L. No. 13-2002]
(1)
The Planning Board and/or Architectural Review Committee
shall follow these standards in making architectural review decisions
within the Route 96-251 Corridor Overlay District and for all commercial
and industrial site plans.
[Amended 9-14-2015 by L.L. No. 8-2015]
(2)
Statement of philosophy.
(a)
This document establishes architectural standards
for new construction and the adaptive reuse, alteration, expansion
or modification of existing buildings in the Route 96-251 Corridor
Overlay District and for all other commercial and industrial site
plans that foster a blend of the best of traditional and contemporary
design. Corridor architecture should represent the best match between
the needs of human users, the architectural heritage and character
of the Town and surrounding areas, and the natural constraints of
the land and existing architecture and engineering.
(b)
Site plans should reflect a comprehensive proposal
integrating signs and graphics, lighting, planting, parking, and site
amenities such as fountains, sculpture and street furniture. Screening
of utilities and services should be incorporated. Where architectural
design is based upon a theme, site development schemes should relate
to the theme and be consistent regarding materials and design elements.
(c)
Sensitivity to corridor development demands,
vehicular and pedestrian traffic patterns, and the needs of residents,
merchants, visitors, owners and tourists alike have been considered
in the development of these standards.
(3)
A brief history of the Route 96-251 corridor.
(a)
Historically, the Route 96 corridor has played
a vital role in the growth and economic progress of the Town of Victor.
Development along this corridor has increased the availability of
services and merchandise to Town residents. The Town's tax base has
expanded. Jobs have been created. Sources of income have been established
for owners and tenants. The physical design of the Route 96 corridor
through the Town of Victor should reflect the Town's natural heritage
(landform, vegetation, hydrology) to travelers and advertise the community
as a positive place to live and do business.
(b)
Route 251 has served as an east-west connector
to Route 96, linking residential neighborhoods to the amenities available
along the Route 96 corridor. The physical design of the Route 251
corridor should also reflect the Town's natural heritage while enhancing
and/or reinforcing the existing rural residential character of this
vehicular corridor while minimizing the impact of the nonresidential
development.
(4)
Statement of purpose. The purposes of these architectural
standards are to:
(a)
Provide standards for the determinations of
the Planning Board and/or Architectural Review Committee, which is
charged with the responsibility for architectural review in the Corridor
Overlay District, in order to minimize decisions based on individual
tastes and preferences in the review and approval of plans;
[Amended 9-14-2015 by L.L. No. 8-2015]
(b)
Establish clear and easily understood design
criteria to guide property owners and their architects in the appropriate
design of new construction and building alterations in the corridor
area;
(c)
Promote a cohesive image of the Corridor District
as a whole, while allowing for architectural innovation. It is not
the intent of these standards to limit new construction or building
alterations to one particular architectural style, but to create and
enhance an aesthetic whole.
(5)
Submission requirements. The Architectural Review Committee was formed
to give the Planning Board the ability to insure that the design of
buildings in the Town of Victor, and especially in the Route 96 and
Route 251 corridor, meets the goals and desires of the Town and its
residents. At the sole discretion of the Planning Board as it sees
fit, it may draw upon the advisory input of the Architectural Review
Committee. The following is intended to set forth the rules and, in
general terms, what will be examined and what is desired:
[Amended 9-14-2015 by L.L. No. 8-2015]
(a)
As part of a complete application, the applicant shall submit
the following at time the application is filed with the Planning Board
Secretary. The application, once deemed complete, will be placed on
the next available Planning Board meeting agenda:
[1]
Eleven-inch-by-seventeen-inch colored renderings of the proposed
completed project showing at a minimum two sides of the proposed elevations;
[2]
All elevations shall include notes identifying vertical dimensions
and materials;
[3]
Renderings shall reference the site plan with the intention
to show the building orientation in reference to the building experience
on the proposed site plan;
[4]
Site utility plan shall be provided to demonstrate where site
features like dumpsters, mechanical equipment, transformers, etc.,
are located on the site;
[5]
If the proposed structure is part of a subdivision, provide
a subdivision plan and identify the location of the structure under
review;
[6]
Roof plan to show the location of rooftop equipment and demonstrate
how it is shielded from public view;
[7]
If landscape is proposed to shield any items, including those
placed around a building, a landscape plan shall be provided;
[8]
If building-mounted signage is proposed, identify the location
and dimensions;
[9]
As flat wall facade is not favored, provide typical wall sections
and/or door and window details; and
[10]
Building material samples shall be made available
at the Planning Board meeting.
(b)
The Planning Board approval resolution will reference the approved
architectural plans.
(6)
New construction.
(a)
Architectural style and design quality; form
and mass.
[1]
Recommended.
[a]
Contemporary designs which respect,
reflect, reference, adapt and interpret the local historic commercial
architectural styles and design themes found in Ontario County and
surrounding areas.
[b]
Classic designs with enduring architectural
character.
[c]
Design details which are consistent
with the overall style and proportion of the building design.
[d]
Variety in architectural styles,
compatible with any new construction previously approved for this
area.
[e]
Mass should not overwhelm existing
buildings in the area.
[2]
Not recommended.
[a]
Designs which are inappropriate
in relation to the traditional, local architectural heritage and character
in terms of size, scale, design motifs, and relationships between
buildings, streetscape and landscape features.
[b]
Those standard stock plan franchise
buildings which are not consistent with these standards.
[c]
Nonfunctional fake historic design
details and applied decorations which imitate traditional styles but
are irrelevant to the overall design of the building.
[d]
Excessive sameness; buildings identical
in style to surrounding buildings.
(b)
Building orientation and placement on site.
[2]
Not recommended.
[a]
Parking areas between the building
and the street. On-site vehicular traffic patterns which conflict
with pedestrian traffic patterns.
[b]
Building placement that does not
respect the significance of the corridor and natural features.
[c]
Buildings sited without regard
to the site placement of neighboring buildings.
(d)
Impact on public views; natural features of
the site; surrounding environment.
[1]
Recommended.
[a]
Service entrances, loading docks,
dumpsters and ground-level mechanical equipment located away from
public entrances and screened from public views.
[b]
Rooftop mechanical equipment and
structures screened and disguised by roof features, and set back from
roof edges.
[c]
Generous and appropriate landscaping.
[2]
Not recommended.
(e)
Line, configuration, and arrangement; rhythm
and proportion.
[1]
Fenestration, size and arrangement of windows,
doors, porticos and other openings.
[a]
Recommended.
[i]
Building elements are in balanced
proportion to the building as a whole.
[ii]
Interruptions and variety in wall
plane; offsets, recessed entrances, arcades, covered walkways, awnings
and canopies, multiple entrances, roof overhangs, shadow lines, courtyards,
balconies, etc.
[iii]
A rhythm of door and window openings,
which reflects the integrity of the architectural design of the building.
[iv]
Vertical emphasis in window openings.
[b]
Not recommended.
[i]
One element or design feature dominates
the building design.
[ii]
Large, uninterrupted expanses
of wall surface; long areas of unrelieved, monotonous wall surface
adjacent to the street. Flat wall planes, especially for front facade.
[iii]
Irregularly spaced or randomly
placed openings which are primarily related to internal functions
rather than exterior design considerations.
[iv]
Horizontal windows on upper stories.
[2]
Building facades.
[3]
Windows and doors.
[a]
Recommended.
[i]
Windows and door detailing which
reflects the form and function of meaningful architectural design,
without blind imitation of style or detail.
[ii]
Projecting sills, lintels and/or
crowns which define window openings.
[iii]
Individual window openings, separated
by areas of building wall.
[iv]
Any large areas of glass are broken
up by vertical design elements such as mullions, columns, framing
members.
[4]
Entrances (front and rear).
[5]
Decks, balconies, porches.
(7)
Alterations to existing structures.
(a)
Recommended.
[1]
Updating, renovation, and expansion of existing
buildings in a manner compatible with the design standards for new
buildings and consistent with the subject building's architectural
style.
[2]
Where existing structures are proposed to be
demolished, the replacement structure shall conform to the current
overlay district standards.
(8)
New construction or alterations to existing structures.
(a)
Materials: kind, texture.
[1]
Recommended.
[a]
Brick, native stone, and wood are
representative of the historic residences and farms of the area and
should be the dominant materials used on facades with traditional
window openings.
[b]
Building materials differentiating
design elements, consistent with the rhythm and proportion of the
building design.
[c]
Roofing materials: architectural
composition shingles, wood shingles, slate, architectural standing
seam colored metal roofing.
[2]
Not recommended.
[a]
Metal sheathing, concrete/stucco,
block and synthetic materials that are obvious imitations of natural
materials. Rustic or crude siding materials such as logs, bark, rough-sawn
wood planks, coarse-textured stucco, unfinished or split-face concrete
blocks, etc.
[b]
Inappropriate mixing of materials
for the sake of variety alone; or monotonous use of a single building
material.
[c]
Clay tile roofs.
[d]
Corrugated/industrial or vertically
ribbed metal siding materials, or metal roofing installed with exposed
fasteners.
[e]
Glass walls; shiny, mirrored or
reflective wall surfaces, polished stone.
(b)
(e)
Lighting.
[1]
Recommended.
[a]
Lighting, attached or detached,
soffit, up light or down light, including tree lighting, selected
for appropriate lumens or footcandles, and complementary to the architecture
through shadowing, highlight and flooding. Parking area lighting directed
downward. Illumination from multiple light sources.
[b]
Light fixtures that are compatible
with the architectural style and other features of the building.
[2]
Not recommended.
[a]
Harsh or excessively bright lighting,
inconsistent with lighting levels along the street and sidewalks;
or site or building lights that spill light onto adjacent sites; spotlighting,
hot or dark spots in site lighting.
[b]
Strip accent lighting or fluorescent
tubes used as decorative elements on external building walls; portions
of facade that are continuously internally illuminated.
K.
Stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 177, Stormwater Management and Erosion and Sediment Control, and Article V, Stormwater Control, of Chapter 211, Zoning, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article V, Stormwater Control, of Chapter 211, Zoning. The approved site plan shall be consistent with the provisions of Chapter 177, Stormwater Management and Erosion and Sediment Control, and Article V, Stormwater Control, of Chapter 211, Zoning.
A.
Basic regulations for parking.
(1)
Intent. The intent of these parking regulations is
to provide a number of parking spaces that will accommodate demand.
Vast areas of unused parking spaces work contrary to the intent of
the Town of Victor's desire to provide open space and green areas
as part of land development. To this end, adequate parking must be
constructed for the immediate use of the property while land must
be reserved for parking expansion should the need arise.
(2)
Applicable standards. There shall be provided at the
time any building or structure is erected, enlarged, increased in
capacity or changed in use improved and usable off-street parking
spaces for motor vehicles in accordance with the requirements of this
section.
(a)
Design requirements shall be as follows:
[1]
Each off-street parking space for residential
and nonresidential use shall measure a minimum of 9 feet by 18 feet
with twenty-six-foot aisles.
[2]
Each off-street parking space and the means
of access to the parking area shall be so designed and maintained
and regulated so that no parking or maneuvering incidental to parking
shall be on any public street, walk or alley and so that any motor
vehicle may be parked and removed without moving or damaging another.
[3]
All parking areas, with the exception of one-family
and two-family dwellings, shall be striped with hairpin striping.
Emergency access lanes shall be identified as required by the Code
Enforcement Officer according to the New York State Uniform Fire Prevention
and Building Code.
[4]
Handicapped parking spaces must be provided
and designed in accordance with standards of the New York State Uniform
Fire Prevention and Building Code.
(b)
Planning for future parking needs.
[1]
All areas to be used for parking and site access
shall be identified on the site development plan approved by the Planning
Board. Parking areas shown on the plan will identify all areas to
be constructed for parking and those areas which are set aside for
parking expansion.
[2]
All sites shall be so designed as to provide
sufficient parking and numbers to satisfy the requirements of this
code. Parking spaces must be provided for both immediate and future
needs of the site.
[3]
The ratio of planned to constructed parking
spaces shall be at the discretion of the Planning Board. Constructed
parking shall be based on the immediate needs of the site.
[4]
Consistent parking of vehicles on a public right-of-way
or outside the designated parking areas shall be the primary indicator
of need for converting planned parking areas to functional parking
areas. The need for conversion from planned parking areas shall be
at the discretion of the Planning Board and shall be founded in fact.
(c)
Standards applicable to commercial districts.
Standards and regulations outlined in this subsection shall be in
addition to other parking standards and regulations in this code.
[1]
Setbacks.
[a]
No vehicular parking shall be permitted
within 80 feet of the road right-of-way. The Planning Board may reduce
the front setback if there is no need for a future service road or
road widening.
[Amended 2-13-1995 by L.L. No. 2-1995]
[b]
Parking and paved areas may be
located within up to five feet of the property boundary line for side
and rear boundaries of lots located within the Commercial District.
[2]
Buffering. Parking and paved areas shall be
buffered in commercial districts from any adjoining residential district
by a one-hundred-foot buffer consisting of plantings and vegetative
cover.
[a]
Off-street parking for more than
five but fewer than 75 vehicles shall be effectively screened on each
side by a fence of acceptable design, masonry wall, earthen berm,
acceptable landscaping or compact evergreen hedge. Such screening
shall be maintained in good functional condition.
[b]
In parking areas with a capacity
of 75 vehicles or more, landscaping plans must be submitted showing
the area broken up into smaller sections by aisles and landscaping,
with adequate provisions for pedestrian walkways. Such aisles shall
be a minimum width of 10 feet.
[c]
The front setback area shall be
screened using a landscaped berm. Such berm shall be no less than
five feet high and 40 inches wide at the base.
[d]
All setback and buffer areas shall
be planted, landscaped and maintained in accordance with the approved
site plan.
(d)
Standards applicable to the Light Industrial
and Commercial/Light Industrial Districts. Standards and regulations
outlined in this subsection shall be in addition to other parking
standards and regulations in this Code.
[Amended 2-13-1995 by L.L. No. 2-1995]
[1]
Setbacks.
[a]
No vehicular parking shall be permitted
within 80 feet of the road right-of-way. The Planning Board may reduce
the front setback if there is no need for a future service road or
road widening.
[b]
Parking and paved areas may be
located within up to 10 feet of the property boundary at the side
and rear boundaries of lots located in the Light Industrial and Commercial/Light
Industrial Districts.
[Amended 2-13-1995 by L.L. No. 2-1995]
[2]
Buffering. Parking and paved areas shall be
buffered in the Industrial and Commercial/Light Industrial Districts
from any adjoining residential district by a one-hundred-foot buffer
consisting of planting and vegetative cover.
(e)
Parking standards for each proposed use or use
class are shown on the following parking schedule.
B.
Parking schedule.
|
Parking Requirements2
Town of Victor
| |||||
|---|---|---|---|---|---|
|
Type of Use
|
Number of Spaces
| ||||
|
Residential property
| |||||
|
Single-family dwellings
|
2
| ||||
|
Townhouses (see Note 1)
|
2 plus 0.5 per unit for overflow parking available
in project phase
| ||||
|
Home occupations
|
2 (additional parking)
| ||||
|
2-family dwellings
|
4 (2 per unit)
| ||||
|
Related residential property
| |||||
|
Permanent housing occupancy
| |||||
|
Apartment houses1
|
2 per building plus 1 per bedroom plus 0.5 per
building overflow available in project phase
| ||||
|
Transient housing occupancy
| |||||
|
Lodging houses, hotels and motels
|
(all cases) 1 per sleeping room plus 1 per employee
per shift plus 1 per 4 persons at maximum occupancy for any accessory
general assembly property use
| ||||
|
Bed-and-breakfast residences
|
2 plus 1 additional per rented sleeping room
| ||||
|
Senior citizen apartments
|
1.25 per dwelling unit
| ||||
|
Adult residential care
|
1 per 4 beds plus 1 per employee
| ||||
|
Business and commercial property
| |||||
|
Business property: all uses
|
5 per 1,000 square feet of leasable floor area
| ||||
|
Typical uses include:
| |||||
|
Administration buildings, banks, barbershops,
beauty parlors, computer and data processing uses, laboratories, launderettes,
office buildings, outpatient clinics and professional offices
| |||||
|
Mercantile uses
| |||||
|
Convenience restaurants and other similar rapid-turnover
uses
|
1 for each 40 square feet of gross floor area;
minimum of 20 is required
| ||||
|
Shopping centers and malls with leasable area
between 25,000 square feet and 400,000 square feet
|
4.5 per 1,000 square feet of leasable floor
area
| ||||
|
Regional shopping centers and malls with gross
leasable floor area over 400,000 square feet
|
5 per 1,000 square feet of leasable floor area
| ||||
|
All other retail and commercial uses
|
5 per 1,000 square feet of leasable floor area
| ||||
|
Industrial uses
| |||||
|
Motor vehicle maintenance and repair shops
|
6 per repair bay
| ||||
|
All other industrial uses
|
1 per 400 square feet of gross floor area
| ||||
|
Storage or warehousing uses
|
1 per 3,000 square feet of gross floor area
| ||||
|
Property used for general assembly
| |||||
|
Bowling alleys
|
5 per lane plus 1 per employee plus 1 per person
at maximum occupancy for any other accessory general assembly uses
| ||||
|
Tennis, handball courts, etc.
|
1 per 2 people plus 1 per employee based upon
the maximum number of employees per shift
| ||||
|
General assembly property: all other uses
|
1 per 2 persons for maximum occupancy plus 1
per employee based upon the maximum number of employees per shift
| ||||
|
Typical uses include:
| |||||
|
Art galleries, assembly halls, auditoriums,
club rooms, coliseums and shift stadiums, courtrooms, dance halls
and discotheques, exhibition halls or buildings, grandstands, gymnasiums,
lecture halls, libraries and broadcasting studios, lodge halls or
rooms, mortuary chapels and funeral homes, motion picture theaters,
museums, nightclubs, recreation centers and halls, golf courses, restaurants,
skating rinks and theaters
| |||||
|
Places of worship
|
1 per 2 persons at maximum occupancy
| ||||
|
Typical uses include:
| |||||
|
Churches, synagogues and mosques
| |||||
|
Educational uses
|
As needed for students, but a minimum of 1 per
employee plus 1 per 4 persons at maximum occupancy for any other general
assembly uses
| ||||
|
Day-care uses (children and adults)
|
1 per 4 clients plus 1 per employee
| ||||
|
Health care uses
|
1 per 4 patients plus 1 per employee
| ||||
|
Typical uses include:
| |||||
|
Child-caring institutions, clinics, community
residences, health-related facilities, hospitals, infirmaries, medical
facilities, nursing homes and sanitariums
| |||||
|
NOTES:
1If recreational
vehicles are to be permitted to be stored on site, adequate additional
designated parking areas shall be provided.
2Parking requirement
adjustments can be made by the Planning Board for dual use of parking
spaces when the assembly use is constructed in conjunction with a
shopping center.
|
Agricultural operations structures are exempt
from any district height limitations.
A.
All front, side and rear setback measurements shall
be the minimum perpendicular and/or radial distance measured from
the lot line to the closest point of principal structures.
B.
No lots shall be created or structures placed in any
district except in conformance with the dimensional requirements contained
in Schedule II, Area and Height Requirements.[1]
(1)
In the case of corner lots, a front yard of the required
depth shall be provided along each road frontage.
(2)
The depth of required front yards shall be the distance
between the road right-of-way or any projection thereof and the closest
point of the front of the principal structure or any projection thereof.
(3)
The depth of the required rear yard shall be the distance
between the rear property boundary and the closest point of the rear
of the structure or any projection thereof.
(4)
In the case of corner lots, yards remaining after
front yards have been established shall be considered rear and side
yards for dimensional purposes.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
All utilities serving a site shall be placed
underground.
[Amended 8-26-2019 by L.L. No. 9-2019]
In all districts, all plans for structures to be erected, altered,
moved or reconstructed and for the use of premises within such districts
shall contain a plan for the proposed driveway access to the premises.
Driveway locations and relocations must be approved by the Code Enforcement
Officer, Town Highway Department and/or Town Engineer and for roads
under county authority, Ontario County Commissioner of Public Works
or for roads under New York State authority, Regional Traffic Engineer
of NYSDOT. The creation of a common driveway requires reciprocal easements
and a common maintenance agreement.
[Added 2-13-2017 by L.L.
No. 1-2017]
A.
Legislative intent. The purpose of this section is to control and
regulate the use of short-term rentals within the Town. The Town Board
finds that unhosted short-term rentals threaten the residential character
and quality of life of the neighborhoods where such uses exist because
they tend to attract excessive noise, disorderly conduct, the accumulation
of refuse, and other nuisances. The provisions of this section are
intended to preserve and protect the health, character, safety, and
general welfare of the residential neighborhoods where such uses may
exist, and to mitigate the adverse effects of short-term rentals.
B.
HOSTED
OCCUPANTS
OWNER
SHORT-TERM RENTAL
(1)
(2)
(3)
UNHOSTED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The on-site presence of the owner at the property during
the duration of the rental period.
The person(s) renting the short-term rental. For purposes
of this section, occupants includes their guests and any sublessees.
The permanent resident of the dwelling, and/or person(s)
or entity that holds legal and/or equitable title to the short-term
rental, or an agent of the owner who is authorized to take remedial
action and to respond to any violation of this section.
One or more dwellings, as that term is defined in § 211-12, and excluding bed-and-breakfasts, for which rent is received by the owner, directly or indirectly, in exchange for residential occupation:
The advertisement of the potential availability (as stated above)
of the dwelling for rent on short-term rental websites shall create
a presumption that the dwelling is a short-term rental.
Ongoing month-to-month tenancies are excluded from the provisions
of this section.
The absence of the owner on-site at the property during the
duration of the rental period.
C.
Short-term rental requirements.
(1)
Unhosted short-term rentals shall be prohibited in all zoning districts.
(2)
Hosted short-term rentals shall be prohibited unless a special use
permit is issued by the Planning Board as provided for herein. A separate
special use permit shall be required for each short-term rental property.
The special use permit requirements of this section are in addition
to any business license, tax registration, or any other permit or
licensing requirements that may be required under state or county
law.
D.
Application for special use permit.
(1)
Application information. An application for a special use permit shall be made to the Planning Board, and shall be subject to public notice and hearing, pursuant to § 211-9C(2). Special use permit applications shall contain the following information:
(a)
The name, address, telephone number, emergency telephone number,
and e-mail address of the owner [including any authorized agent(s)]
who will be on-site for the duration of any rental period, and a secondary
emergency contact individual;
(b)
The number of bedrooms and approximate square footage in the
property and the maximum number of overnight occupants;
(c)
An acknowledgment that the subject property meets all local
building code and Uniform Code requirements;
(d)
A diagram and/or photograph of the property showing and indicating
the number and location of designated on-site parking spaces, and
the maximum number of vehicles allowed for overnight occupants;
(e)
If the application is for the renewal of a special use permit, the record of all calls or complaints made in the preceding five years, as set forth in § 211-37G(1)(g).
(f)
An acknowledgment that the owner, agent(s), and secondary emergency
contact individual have read and are familiar with the regulations
contained in this section; and
(g)
A certification of the accuracy of the information submitted
and an agreement to comply with any and all conditions of the special
use permit.
(2)
Preexisting short-term rentals. Notwithstanding any other provision
of this section, short-term rentals already in existence at the effective
date of this section, whether hosted or unhosted, shall be required
to comply with the requirements of this section within 60 days of
its effective date.
(3)
Inspection. In evaluating an application for a special use permit,
the subject property shall be inspected by the Town Code Enforcement
Officer to determine maximum parking capacity for the property and
to verify compliance with provisions of this section and the New York
State Uniform Fire Prevention and Building Code. Upon an application
for renewal of a special use permit, the subject property shall be
reinspected to ensure continued compliance with this section.
(4)
Public hearing notification. The Town shall notify all property owners
within 1,000 feet of the subject property, in writing, that an application
has been submitted for a special use permit to allow the subject property
to be used as a short-term rental. This notification shall clearly
state the following information:
(a)
The name of the owner, agent(s), and secondary emergency contact
individual for the property and a telephone number at which those
parties may be reached on a twenty-four-hour basis;
(b)
The maximum number of occupants allowed to stay overnight in
the dwelling; and
(c)
The maximum number of vehicles allowed to be parked on-site
on the subject property overnight.
E.
Application fee. An application for a special use permit under this
section shall be accompanied by a nonrefundable fee in such amount
as the Town Board of the Town of Victor may from time to time establish
by resolution.
F.
Application review process. The application review process for the issuance of a special use permit under this section shall comply with the considerations and provisions set forth in § 211-9C(2)(a).
G.
Conditions.
(1)
All special use permits issued pursuant to this section are subject
to the following standard conditions:
(a)
The owner shall, by written agreement with the renter, limit
the number of overnight occupants and their vehicles to the number
approved in the special use permit application.
(b)
The owner shall demonstrate consistent efforts to ensure that the occupants of the property do not create excessive noises, as defined in Chapter 143, and/or engage in conduct which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others, or violate provisions of this section. The use of illegal drugs or controlled substances by occupants is prohibited. The owner shall promptly respond to any complaints of violations of this section by any occupants of the subject property or by any third parties.
(c)
The owner, upon notification that occupants of the property
have created excessive noises and/or engaged in conduct which either
annoys, disturbs, injures, or endangers the comfort, repose, health,
peace or safety of others, or otherwise violated provisions of this
section, shall promptly use best efforts to prevent a recurrence of
such conduct.
(d)
The owner shall post a copy of the special use permit and a
copy of these standard conditions set forth in this section and any
other conditions imposed by the Town, in a conspicuous place within
the subject property.
(e)
The subject property shall, at all times, regardless of whether
the property is occupied, be in compliance with the Town Code and
the New York State Uniform Fire Prevention and Building Code, and
any other applicable laws and codes.
(f)
All occupants of the subject property shall observe quiet hours,
which shall be between the hours of 10:00 p.m. and 7:00 a.m., Sunday
through Thursday, and 11:00 p.m. and 7:00 a.m., Friday and Saturday.
Excessive noises and/or conduct which either annoys, disturbs, injures,
or endangers the comfort, repose, health, peace or safety of others
shall constitute a violation of this section and may be grounds for
revocation of the special use permit.
(g)
Call response availability. The owner and/or agent(s), and second
emergency contact person shall be personally available by telephone
on a twenty-four-hour basis to respond to calls or complaints regarding
the condition or operation of the subject property. Failure to respond
to calls or complaints in a reasonably timely and appropriate manner
shall constitute a violation of this section and may be grounds for
revocation of the special use permit. For the purposes of this section,
responding in a reasonably timely and appropriate manner means that
an initial call shall be responded to within one hour of the initial
call, and any corrective action shall be commenced within 24 hours
of the initial call. The owner shall maintain a record of each caller
or complainant, details of the call or complaint, the date, and time
of each call or complaint, details of the owner's response and corrective
action, and any other documentation associated with such call or complaint,
and shall provide such records to the Town upon demand, and/or as
part of any revocation hearing or application for renewal of the special
use permit.
(2)
The Planning Board shall have the authority to impose additional
conditions related to the use of the subject property as a short-term
rental as may be deemed necessary to achieve the objectives of this
section.
H.
Permit term. A special use permit issued under this section shall
be valid for one year from the date of issuance, subject to subsequent
renewal periods of one year to three years, at the discretion of the
Planning Board based on the history of complaints and violations under
this section relating to the subject property during the preceding
permit period.
I.
Notification requirements. Each short-term rental shall have a clearly
visible and legible notice posted within the property on or adjacent
to the interior of the front door, containing the following information:
(1)
The name of the owner, agent(s), and secondary emergency contact
individual, and a telephone number at which each such individual may
be reached on a twenty-four-hour basis;
(2)
The maximum number of occupants permitted to stay in the short-term
rental;
(3)
The maximum number of vehicles allowed to be parked on the subject
property;
(4)
Quiet hours shall be between the hours of 10:00 p.m. to 7:00 a.m.,
Sunday through Thursday, and 11:00 p.m. to 7:00 a.m. Friday, and Saturday,
and that excessive noises and/or conduct which either annoys, disturbs,
injures, or endangers the comfort, repose, health, peace or safety
of others shall be a violation of this section.
(5)
Rules for the disposal of refuse, including but not limited to the
refuse pickup day.
(6)
Notification that occupants may be cited and fined for creating a
disturbance or for violating other provisions of this section or the
Town Code; and
(7)
Notification that failure to conform to the parking and occupancy
requirements of the subject property is a violation of this section.
J.
Enforcement; penalties for offenses.
(1)
Penalties imposed for offenses under this section shall be as set forth in § 211-11D, in addition to any other penalties for offenses which may be available under the Town Code.
(2)
In addition to the penalties imposed by § 211-11D, each subsequent offense after the third offense within five years shall be punishable by a fine of $1,000 or imprisonment for up to six months, or both.
(3)
In addition to the penalties set forth herein, upon the fourth offense within five years, and upon each offense thereafter within the preceding five years, the special use permit may be revoked in accordance with the provisions of § 211-37K.
(4)
Civil enforcement. Appropriate actions and proceedings may be taken
by law or in equity proceedings to prevent any violation of this section,
to recover damages, to restrain, correct or abate a violation and
to prevent illegal occupancy of a building, structure or premises.
These remedies shall be in addition to the penalties described above.
Consequently, the Town Board may institute any appropriate action
or proceeding to prevent and to restrain, correct or abate such violation
or to prevent any illegal act, conduct, business or use in and about
such premises.
K.
Revocation of special use permit.
(1)
Upon the occurrence of the events identified in § 211-37K(5), the Town Code Enforcement Officer shall notify the Town Board, Planning Board, and the owner of the same, in writing, and the Planning Board may, in its discretion, hold a public hearing to determine whether the special use permit should be revoked.
(2)
Such public hearing shall be held by the Planning Board no more than 45 days from the date the notification from the Code Enforcement Officer in § 211-37K(1) is delivered to the owner. Notice of the hearing shall be delivered to the owner in person, or by mail to the address given in the application and shall be published once in a newspaper having a circulation within the Town of Victor. Said notice to the owner and publication shall be not less than 10 days before the date of the hearing. Written notice of such public hearing shall also be given, personally or by mail, to property owners within 1,000 feet at least 10 days before the date set for the public hearing; if such notice is given by mail, the ten-day period shall be deemed to commence upon deposit with the United States Postal Service.
(3)
At the time and place set for the public hearing, the Planning Board
shall take the testimony, under oath, of the owner and all other persons
wishing to be heard, as to why the special use permit should not be
revoked, and shall receive into the record any documentary evidence
submitted either for or against revocation.
(4)
After the public hearing, the Planning Board shall, within 30 days,
determine in writing whether or not the special use permit should
be revoked, or permitted to continue, either with or without additional
conditions, and shall give notice of its determination to the owner
by mail.
(5)
A special use permit may be revoked upon any of the following grounds:
(a)
Fraud, misrepresentation or false statement contained in the
application for the special use permit;
(b)
Upon the occurrence of the events identified in § 211-37J(3);
(c)
Any failure or refusal to maintain the short-term rental in
compliance with the Town Code and the New York State Uniform Fire
Prevention and Building Code, and any other applicable laws and codes;
(d)
Any violation of this section or any standard or additional
conditions of the special use permit; or
(e)
Upon the occurrence of any conduct at the property which results
in the issuance of a misdemeanor or felony complaint against the owner
or any occupant of the short-term rental.
(6)
If a special use permit is revoked, all uses of the property as a
short-term rental shall cease within 30 days of the date of the Planning
Board's determination revoking said permit. A property for which a
special use permit was previously revoked may be the subject of a
new special use permit no sooner than 12 months after revocation.
[1]
Editor's Note: Former § 211-37, Illumination, as
amended, was repealed 9-28-2009 by L.L. No. 13-2009.
A.
Any person within any district may erect a roadside
stand on his property and sell from the same agricultural products
produced on the same property. Any such stand of permanent construction
shall comply with all the conditions and regulations prescribed for
structures in the district in which the stand is located. Any such
stand of temporary construction may be erected not nearer to a street
line than 20 feet, and such stand may be erected and maintained between
April 1 and November 30 of any year but must be removed on or before
November 30 of the same year. There must be provided for any roadside
stand an off-street parking area sufficient to accommodate vehicles
of customers and to eliminate traffic hazards.
B.
Temporary roadside stands for the purpose of the sale
of Christmas trees, wreaths and Christmas decorations are permitted
under the same conditions as above set forth from November 20 through
December 31. No other roadside stands or sales are permitted.
No structure of a temporary or nonresidential
character, such as a basement, tent, shack, vehicle, garage, barn
or other building, shall be used on any lot at any time as a residence
unless a temporary permit has been obtained from the Zoning Board
of Appeals. This shall not be construed, however, as to prevent the
construction or renovation of such a structure as a permanent residence
dwelling. In such cases a building permit shall be issued upon application,
which shall set forth the improvements planned, including provisions
for adequate heating, wiring and indoor plumbing. The provisions of
this section shall not apply to portable camping equipment situated
temporarily on premises of existing private dwellings, which dwellings
are otherwise in full compliance with the terms and provisions of
this chapter.
A.
Structures which obstruct the view of vehicular traffic
shall not be erected or maintained on land located in the angle formed
by intersecting streets. This provision prohibits structures higher
than 2 1/2 feet situated so as to interfere with the view of traffic
approaching the intersection within 100 feet. The 100 feet shall be
measured along the center line of each street from the intersection
of the streets' center lines.
B.
New intersections shall be consistent with the Town
design and construction standards.
[Amended 6-8-2009 by L.L. No. 7-2009]
A.
Fences shall not be constructed, installed, or planted without obtaining a building permit pursuant to § 83-4 of the Victor Town Code.
B.
Exceptions. Permits shall not be required for:
(1)
Fences in agricultural districts that are no more than six feet in
height and of an open design, such as split rail or box wire.
(2)
Snow fences temporarily installed between October 31 and April 15.
(3)
Decorative fences with a maximum height of two feet, not to exceed
an aggregate length of 40 linear feet.
(4)
Garden fences, not exceeding eight feet in height, which enclose
gardens.
(5)
Fences included on a site plan approved by the Town Planning Board.
(6)
Underground electronic fences.
C.
Fences shall be situated entirely on the fence owner's property.
E.
Fences serving as barriers to pools shall fully comply with the New
York State Uniform Building Code.
F.
Fences shall not be installed in violation of restrictions on real
property, including, but not limited to, easements, rights-of-way,
bylaws, regulations, statutes or other Town Code provisions. All restrictions
and potential restrictions shall be disclosed to the Town at the time
the building permit application is submitted. Failure to disclose
said restrictions to the Town can result in permit denial or revocation.
G.
No portion of a fence shall be closer than one inch to any property
line.
H.
Fences over two feet high shall not be erected nearer to a road than
the front line of the principal building.
I.
Fences shall be constructed so the finished side faces toward the
adjacent property.
J.
Signs shall not be affixed to fences.
K.
Barbed-wire fences shall not be permitted unless said fence is on
a farm or in a district zoned Commercial, Commercial/Light Industrial
or Light Industrial.
L.
Fences shall be maintained in good order. In the event the fence
is not maintained, the Code Enforcement Officer may order the repair
or removal of the fence. If the fence is not repaired or removed as
ordered, the Town will seek removal of the fence and the owner is
responsible for all Town costs relating to the removal.
M.
These provisions apply to all fences erected after June 1, 2009.
[Amended 7-26-1999 by L.L. No. 8-1999]
The Planning Board may, on special application,
issue a permit for a term not to exceed five years for the use of
a specified area in any district for a playground, athletic field
or other recreational or amusement use, with the exception of golf
courses, which will secure a permanent special use permit. Publicly
owned facilities shall be exempt. Issuance of the permit is subject
to the following conditions:
A.
The Board may require the applicant to submit such
information as it may require and may fix the location of all structures
on the premises.
B.
A full environmental review of the premises and the
proposed recreational use is required.
C.
The proposed use of the land must be consistent with
all other zoning regulations for the district in which the land is
located.
D.
Prior to issuing the permit, the Planning Board shall
find, after public notice and hearing, that the contemplated use will
not:
E.
Any permit granted hereunder may be revoked by the
Planning Board, after due hearing, on not less than 10 days' notice
to the person holding such permit in the event that the use thereunder
violates any of the conditions of its issuance or shall have become
a nuisance, and any such permit may be renewed by said Board, for
such period as it shall determine, upon application in accordance
with the procedure for an original permit.
A.
General regulations.
(1)
All swimming pools must comply with all applicable
New York State regulatory codes.
(2)
Swimming pools shall be permitted only in the rear
or side yards behind the front building line of residential lots.
(3)
All swimming pools require a permit which shall be
obtained from the Code Enforcement Officer. The Code Enforcement Officer,
upon issuing a permit for any pool, shall at the time deliver to the
applicant a copy of these provisions relating to the maintenance and
use of swimming pools.
(4)
The pool shall be constructed so as not to interfere
with sewage, water or drainage of the lot or of other lands.
(5)
The water of such pools shall be maintained at all
times in a sanitary condition in accordance with the bacterial standards
of the Sanitary Code of the State of New York.
B.
Outdoor permanent below-grade swimming pools and aboveground
pools which are more than 24 inches deep shall comply with residential
side setback regulations applicable to the district. Rear setbacks
shall be at least 15 feet.
C.
The permit for the pool shall not be issued unless
the applicant shall submit plans which conform to this chapter and
to the New York State Uniform Fire Prevention and Building Code.
D.
Any violation of these provisions relating to swimming
pools shall require the revocation of the permit for such pool. Any
use or maintenance of any pool without a permit shall constitute a
violation of this chapter.
Recreational activities requiring a court, such
as basketball, tennis or volleyball, shall maintain a minimum setback
of 25 feet or 0.1% of the lot's square footage area, whichever is
greater. A grading permit, if required, shall be secured from the
Building Department. Construction shall not disturb existing septic
systems.
[Added 1-23-2012 by L.L. No. 2-2012]
All landscaping and landscaped areas required by the Victor
Town Code for nonresidential districts (all districts other than R-1,
R-2 and R-3) shall be consistent with the requirements set forth in
this section.
A.
All plantings
used to satisfy landscaping and landscaped area requirements shall
be comprised of at least seventy-percent native plant species.
(1)
Each
category of plant set forth below shall independently satisfy the
seventy-percent requirement (i.e., 70% of shade trees shall be comprised
of shade trees which are native plant species):
B.
The remaining
30% or less of plantings shall be comprised of nonnative plant species
which are not invasive plant species. Such species include, but are
not limited to, those identified at Table 4 of the Native Plant Manual.
C.
Invasive
plant species are prohibited.
[Amended 2-13-1995 by L.L. No. 2-1995]
A.
For all major residential subdivisions of land, 50%
of the gross land area of the subdivided parcel must be set aside
for open space. Minor residential subdivisions will not require an
open space set aside. For all other subdivisions, 35% open space shall
be required. Open space set aside may be addressed by:
[Amended 7-26-1999 by L.L. No. 9-1999; 3-13-2000 by L.L. No. 6-2000; 7-24-2000 by L.L. No. 11-2000]
B.
All uses permitted shall have at least 20% landscaped
area. Commercial and industrial uses shall have at least 35% landscaped
area. Landscaped area shall be indicated on site plans.
C.
Additional site plan requirements. All open space (including easements
relating thereto), natural resources and landscaping shall be clearly
indicated on the applicable site plan.
[Added 8-27-2012 by L.L. No. 15-2012]
[Added 3-25-2019 by L.L.
No. 4-2019]
A.
Purpose and intent. The general purpose and intent of this section is to offer incentives to applicants who provide amenities that assist the Town to implement specific physical, cultural and social policies in the Comprehensive Plan as supplemented by the local laws and ordinances adopted by the Town Board. Such amenities shall be limited to only those identified in Subsection F of this section.
B.
ANTICIPATED BUILD-OUT
BONUS
COMMUNITY AMENITY
COMMUNITY BENEFIT
DENSITY BONUS
DENSITY REDUCTION
DEVELOPABLE LIVING UNIT
DEVELOPMENT UNIT
HYPOTHETICAL BUILD-OUT
INCENTIVE
INCENTIVE ZONING
OFFSETTING DENSITY REDUCTION
TRUST FUND
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The total number of living units anticipated within the Town
at a future time when all parcels within the Town zoned for residential
use shall have been developed. The anticipated build-out shall be
calculated by adding, for each vacant parcel within the Town that
is zoned for residential use, the maximum number of living units permitted
upon that parcel given both the acreage of the parcel and the number
of units per acre permitted upon that parcel and then increasing that
sum further by adding to it that number of living units presently
within the Town. The anticipated build-out distinguishes between developed
and vacant parcels and takes into account both the presence of existing
living units and the number of living units per acre present on parcels
already developed.
An adjustment to the permissible population density, area,
height, open space, use or other provisions of a zoning ordinance
or local law for a specific purpose authorized by the Town Board.
See also the definitions herein of the terms "density bonus" and "incentive."
Open space or other physical, social or cultural amenity,
or cash in lieu thereof, of benefit to the residents of the Town of
Victor. See also the definition herein of the term "community benefit."
Open space or other physical, social or cultural amenity,
or cash in lieu thereof, of benefit to the residents of the Town of
Victor. See also the definition herein of the term "community amenity."
An adjustment to the maximum number of living units that
could be approved under the Victor Town Code for development upon
a specific parcel of land. See also the definitions herein of the
terms "bonus" and "incentive."
A reduction in the total number of developable living units
that could be approved for development upon a parcel.
The number of living units that could reasonably be developed
upon a parcel under the Victor Town Code taking into account the acreage
and frontage of the parcel, zoning district designations, other zoning
or subdivision requirements, and the presence of applicable environmental
constraints such as topography, surface waters, floodplains, and natural
resources.
A single living unit permitted upon a specific parcel of
land.
The total number of living units permitted throughout the
Town. The hypothetical build-out shall be calculated by adding, for
each parcel within the Town that is zoned for residential use, the
maximum number of living units permitted upon that parcel given the
acreage of the parcel and the number of living units per acre permitted
upon that parcel. The hypothetical build-out does not distinguish
between developed and vacant parcels and does not take into account
the presence of existing living units or the number of living units
per acre present on parcels already developed.
An adjustment to the permissible population density, area,
height, open space, use or other provisions of a zoning ordinance
or local law for a specific purpose authorized by the Town Board.
See also the definitions herein of the terms "bonus" and "density
bonus."
The system by which specific incentives or bonuses are granted,
pursuant to this section, on condition that specific physical, social,
or cultural benefits or amenities would inure to the community.
A density reduction upon a specific parcel or parcels of
land in which the decrease in the number of developable living units
equals the number of units by which the maximum number of living units
approvable upon a different parcel or parcels of land would be adjusted
by an associated density bonus.
A municipal fund in which cash contributed in lieu of providing
some other community amenity is segregated and held in reserve for
use in funding a specific municipal program or undertaking.
C.
Districts designated for incentives. All zoning districts where residential
uses are authorized as a permitted use or where the Planning Board
may issue special use permits for residential uses are eligible for
zoning incentives under this section. Incentives may be offered to
applicants who offer an acceptable amenity to the Town in exchange
for the incentive.
D.
Incentives permitted under this section. An increase in residential
unit density may be granted by the Town Board as an incentive to the
applicant on a specific site determined by the Town Board to be appropriately
located for a density increase. The Town Board shall consider relevant
information and guidance in the Comprehensive Plan and in the Natural
Resource Inventory in making this determination. In making this determination,
the Town Board shall consult with the Town Planning Board and may
also consult with the Town Conservation Board.
E.
Cash payment in lieu of amenity. Under this section, if the Town
Board determines that a suitable community benefit or amenity is not
immediately feasible, or is otherwise not practical, the Town Board
may require, in lieu thereof, a payment to the Town of a sum to be
determined by the Town Board. If cash is accepted in lieu of another
community benefit or amenity, provision shall be made for such sum
to be deposited into a trust fund to be used by the Town Board exclusively
for specific community benefits authorized by the Town Board.
F.
Amenities for which incentives may be offered under this section.
(1)
The following amenities may be either on or off the site of
the subject application and shall be in addition to any mandated requirements
pursuant to other provisions of the Victor Town Code or State Environmental
Quality Review Act:
(a)
An offsetting density reduction of a number of residential development
units equivalent to the additional number of residential development
units granted as an incentive. The offsetting reduction in residential
density shall be on a site or sites determined by the Town Board to
be in an area where preservation of open space, rural character and/or
agriculture would be of benefit to the Town. The Town Board shall
consider relevant information and guidance in the Comprehensive Plan,
in the Natural Resource Inventory, and in the Open Space Index in
making this determination. In making this determination, the Town
Board may also consult with the Town Planning Board and/or the Town
Conservation Board.
(b)
A payment to the Town, in lieu thereof, of a sum determined by the Board to be equivalent to the cost of the reduction in residential density described immediately above in Subsection F(1)(a), but only if the Town Board has first determined that the reduction in residential density described immediately above in Subsection F(1)(a) is not immediately feasible, or is otherwise not practical. Such sum shall be deposited in a trust fund or funds to be used by the Town Board exclusively for the following community benefits:
[1]
Reductions in residential density on a site or
sites determined by the Town Board to be in an area where preservation
of open space, rural character and/or agriculture would be of benefit
to the Town; or
[2]
Infrastructure improvements in areas determined
by the Town Board to be otherwise appropriate for increased residential
density but where the Town Board is unable, after evaluating the effects
of any potential incentives which are possible by virtue of the provision
of community amenities, to find adequate public facilities, including
adequate transportation, water supply, waste disposal and fire protection,
in the absence of such improvements.
G.
Criteria and procedure for approval.
(1)
Applications for incentives in exchange for amenities under
this section shall be submitted to the Town Board, together with proof
of payment of the application fee. The amount of such fee shall be
set from time to time by resolution of the Town Board. In order to
preliminarily evaluate the adequacy of amenities to be accepted in
exchange for the requested incentive, the following information shall
be provided by the applicant:
(a)
The requested incentive.
(b)
The proposed amenity that would reduce the residential density
on another site or sites.
(c)
The cash value of the proposed amenity.
(d)
A narrative which:
[1]
Describes the benefits to be provided to the community
by the proposed amenity.
[2]
Explains how the amenity helps implement the physical,
social or cultural policies of the Comprehensive Plan as supplemented
by the local laws and ordinances adopted by the Town Board.
[3]
Gives preliminary indication that there is adequate
sewer, water, transportation, waste disposal and fire protection facilities
in the zoning district in which the proposal is located to accommodate
the additional demands the incentive and amenity, if it is an on-site
amenity, may place on these facilities beyond the demand that would
be placed on them if the district were developed to its fullest potential.
[4]
Gives preliminary information regarding features
described in the Natural Resource Inventory as being present on the
site(s) being proposed for utilization of the requested incentive.
[5]
Gives preliminary indication whether circumstances
exist that would suggest that the community benefit or amenity may
not be immediately feasible or may otherwise be impractical.
(2)
The Town Board shall review the applicant's proposal and inform
the applicant whether or not the proposal is worthy of further consideration.
If it is deemed worthy of further consideration, the applicant shall
submit four sketch plans to the Town Board, which shall then refer
the same to the Town Planning Board for review and comment.
(a)
Incentive Sketch Plan 1. Incentive Sketch Plan 1 shall show
how the site(s) upon which the incentive would be utilized will be
developed with the incentive and in compliance with all other applicable
provisions of the Victor Town Code. The plan shall also show existing
development, property owners' names and Tax Map numbers for all property
within 200 feet of the property lines of the proposed project or such
other distance as may be specified by the Town Board.
(b)
Incentive Sketch Plan 2. Incentive Sketch Plan 2 shall also
show how the site(s) upon which the incentive would be utilized would
be developed in compliance with all applicable provisions of the Victor
Town Code and shall also show existing development, property owners'
names and Tax Map numbers for all property within 200 feet of the
property lines of the proposed project or such other distance as may
be specified by the Town Board. Incentive Sketch Plan 2, however,
shall only show how the site would be developed exclusive of any incentive.
(c)
Amenity Sketch Plan 1. Amenity Sketch Plan 1 shall show how
the site(s) encompassing the proposed amenity would likely be developed
with the proposed amenity and in compliance with all other applicable
provisions of the Victor Town Code. The plan shall also show existing
development, property owners' names and Tax Map numbers for all property
within 200 feet of the property lines of the proposed project or such
other distance as may be specified by the Town Board.
(d)
Amenity Sketch Plan 2. Amenity Sketch Plan 2 shall show how
the site(s) encompassing the proposed amenity would likely be developed
without the proposed amenity and in compliance with all other applicable
provisions of the Victor Town Code. The plan shall also show existing
development, property owners' names and Tax Map numbers for all property
within 200 feet of the property lines of the proposed project or such
other distance as may be specified by the Town Board.
(e)
The applicant shall also submit such additional information
and plans as may be required by either the Town Board or the Planning
Board which, in their judgment, are necessary in order to complete
a thorough evaluation of the proposal.
(3)
The Planning Board will review the proposal and report to the
Town Board with its evaluation of the adequacy with which the incentive
fits the site and how it relates to adjacent uses and structures.
The Planning Board's review shall be limited to the planning design
and layout considerations involved with project review or such other
issues as may be specifically referred by the Town Board. The Planning
Board's report shall be submitted to the Town Board within 70 days
from the date of the Planning Board meeting at which the proposal
first appears on the agenda. The time period may be extended or suspended
for good cause by the Town Board.
(4)
The Town Board will review the Planning Board's report. The
Town Board will then notify the applicant as to whether it is willing
to further consider the proposal and hold a public hearing thereon.
For Town Board public hearings on incentive zoning requests, notice
of the public hearing shall be given in the same manner and time as
would be required were the request instead a petition to rezone property
to a different district.
(5)
All applicable requirements of the State Environmental Quality
Review Act and its regulations promulgated at 6 N.Y.C.R.R. Part 617
shall be complied with as part of the review and hearing process.
In addition to other information that may be required as part of an
environmental assessment of the proposal, the assessment shall also
include:
(a)
Verifications that the zoning district in which the proposal
is to be located has adequate sewer, water, transportation, waste
disposal and fire protection facilities to:
[1]
First, serve both the developed land as well as
the remaining vacant land in the district as though it were developed
to its fullest potential under the district regulations in effect
at the time of the amenity/incentive proposal; and
[2]
Second, serve the on-site incentive given the development scenario referenced immediately above in Subsection G(5)(a)[1]; and
[3]
Third, with respect to transportation in particular,
serve those traveling within the district regardless of whether they
have a direct association with land within the district.
(b)
In instances where the Town Board is considering a determination
that a suitable community benefit or amenity is not immediately feasible,
or is otherwise not practical, and that the Town Board may therefore
require, in lieu thereof, a payment to the Town of a sum to be determined
by the Town Board, an evaluation of the adverse impacts of the density
bonus to:
[1]
Either the anticipated build-out or the hypothetical
build-out; and
[2]
The program goal of moving development units or
rights from one area to another without increasing either the anticipated
or hypothetical build-out; and
[3]
The effectiveness of the incentive zoning program
in general to facilitate such movements without increasing either
the anticipated or hypothetical build-out.
(6)
Following the hearing and in addition to compliance with all
SEQRA requirements, the Town Board shall, before taking further action,
refer the proposal for review and comment to other governmental agencies
as may be required. In order to approve an amenity/incentive proposal,
the Town Board shall determine that the proposed amenity provides
sufficient public benefit to provide the requested incentive. Thereafter,
the Planning Board is authorized to act on such other applications
as may be required. Both the Planning Board and the Code Enforcement
Officer shall take the incentive approved by the Town Board into account
in determining the project's compliance with the Victor Town Code.
[Added 2-13-1995 by L.L. No. 2-1995; amended 7-26-1999 by L.L. No. 8-1999; 11-27-2000 by L.L. No. 16-2000; 6-9-2014 by L.L. No. 5-2014]
A.
Legislative intent. The Town of Victor recognizes the increased demand
for wireless communications transmitting facilities and the need for
the services they provide. Often these facilities require the construction
of a telecommunications tower and related facilities. The intent of
this section is to protect the Town's interest in siting such towers
in a manner consistent with sound land use planning by minimizing
visual effects of towers through careful design, siting and vegetative
screening, avoiding potential damage to adjacent properties from tower
failure or falling debris through engineering and careful siting of
towers and maximizing use of any new or existing tower and encouraging
the use of existing buildings and/or structures to reduce the number
of towers needed, while also allowing wireless service providers to
meet their technological and service objectives for the benefit of
the public. This section is intended to comply with the Federal Telecommunications
Act of 1996.
B.
ACCESSORY STRUCTURE
ANTENNA
CO-LOCATED ANTENNAS
TELECOMMUNICATIONS FACILITIES
TOWER
Definitions. As used in § 211-47 only, the following terms shall have the meanings indicated:
An accessory facility or structure serving or being used
in conjunction with a telecommunications facility or tower and located
on the same lot as the telecommunications facility or tower. Examples
of such structures include utility or transmission equipment, base
stations, storage sheds or cabinets.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communication services
and microwave communications.
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and which
do not require construction of a new tower.
Towers and/or antennas and accessory structures used in connection
with the provision of cellular telephone service, personal communications
services (PCS), paging services, radio and television broadcast services
and similar broadcast services.
An uninhabitable structure on which antennas are designed
to be located. It includes, without limit, freestanding towers, guyed
towers, monopoles and other similar structures which may employ camouflage
technology.
C.
Approvals required for telecommunications facilities.
(1)
No telecommunications facilities shall hereafter be used, erected,
modified, or reconstructed except after the granting of a special
use permit by the Town Planning Board and in conformity with the provisions
of this section. No existing structure shall be modified to serve
as a telecommunications tower unless in conformity with this section.
(2)
New telecommunications facilities shall be permitted in any zoning district upon the issuance of a special use permit and the granting of site plan approval, in accordance with § 211-9.
(3)
In reviewing an application for a special use permit for a new telecommunications
facility, the Planning Board shall, at a minimum, require that the
following criteria be met:
(a)
Site location. A proposed location shall receive approval from
the Planning Board following satisfaction of the following requirements:
[1]
Documentation of the need for the use of the site proposed,
an analysis demonstrating that proposed location is necessary to meet
the needs of the applicant's telecommunications system and to provide
adequate service and coverage to the intended area. For new towers,
that there is not a technologically feasible and available location
on an existing cellular tower or existing high structure or municipal,
government-owned or school district property.
[2]
A completed environmental assessment form (EAF) along with documentation
regarding visual impacts, including a simulated photographic visualization
of the site, with particular attention to visibility from key viewpoints
identified in the EAF. The Planning Board may require submittal of
a more detailed visual analysis based on the results of the EAF.
[3]
Location preference.
[a]
Preference shall be given that the proposed facility
be located in a higher-use district or on higher-intensity-use property.
Such preference, from most favorable to least favorable, is as follows:
[b]
The applicant shall provide an explanation as to
how this provision was considered and applied in selecting a site
and why a lower-preferred site was selected over a higher-preferred
site, if a lower-preferred site was selected.
(b)
A site plan prepared to scale in sufficient detail and accuracy
showing at a minimum:
[1]
The exact location of the proposed tower, together with any
guy wires and guy anchors, if applicable.
[2]
The maximum height of the proposed tower.
[3]
A detail of tower type (monopole, guyed, freestanding or other)
including any appendages.
[4]
The location, type and intensity of any lighting on the property.
[5]
Property boundaries and names of adjacent landowners.
[6]
Proof of the landowner's consent if the applicant does not own
the property.
[7]
The location of all other structures on the property and all
structures on any adjacent property within 50 feet of the property
lines, together with the distance of those structures to any proposed
tower.
[8]
The location, nature and extent of any proposed fencing, landscaping
and/or screening.
[9]
The location and nature of proposed utility easements and access
road, if applicable.
[10]
A grid or map of all of the applicant's existing
telecommunications facility site areas in the Town.
[11]
All information regarding the tower and antenna
prepared by the manufacturer of the tower or antenna or the applicant,
including but not limited to the following:
[a]
The make and model of the tower to be erected.
[b]
The manufacturer's design data for installation
instructions and construction plans.
[c]
The applicant's proposed tower maintenance and
inspection procedures and records system.
[d]
Identification of any anticlimb device to be installed.
[e]
Confirmation that the antennas to be mounted on
the tower will be operated only at FCC-designated frequencies and
power levels.
[12]
All proposed signage, provided that no tower or
facility shall contain any advertising signs or advertising devices
except signage identifying a health or general welfare message and
owner(s) name and contact information intended solely for the protection
of the general public.
[13]
Certification by a licensed NY engineer confirming
the structural integrity of the tower.
(c)
Height.
[1]
The Planning Board shall approve, subject to the limitations set forth in Subsection D(1)(a) below, the height of each proposed telecommunications tower. In reviewing such issue, the Planning Board shall consider the minimum height necessary for the applicant's needs and may also take into consideration the potential for co-location in approving or requiring additional height above the minimum necessary for the applicant's needs.
[2]
The maximum height for telecommunications towers permitted under
this section, including any antennas, extensions or other devices
extending above the tower, measured from the ground surface immediately
surrounding the site, shall be the lower of 200 feet or a height below
which lighting is required by the FAA.
(d)
Applicants are encouraged to provide their towers for use by
other carriers at a reasonable fair market value. Additionally, where
such co-location is unavailable, location of antennas on preexisting
towers shall be considered by the applicant. An applicant shall be
required to present an adequate report inventorying existing towers
within a reasonable distance of the proposed site and outlining opportunities
for co-location with existing facilities and the use of other preexisting
structures as an alternative to a new construction, or, if no such
existing facilities or preexisting structures are viable, the reasons
therefor.
(e)
The applicant shall be required to submit a report demonstrating
good faith efforts to secure co-location with existing towers as well
as documenting capacity for future co-location for the proposed tower.
Written requests and responses for co-location shall be provided.
(f)
The applicant must examine the feasibility of designing a proposed
telecommunications tower to accommodate future demand for additional
facilities. This requirement may be waived by the Planning Board,
provided that the applicant demonstrates that future shared usage
of the proposed facility is not feasible and an unnecessary burden,
based upon:
[1]
The number of Federal Communications Commission (FCC) licenses
foreseeably available for the area.
[2]
The number of existing and potential licenses without tower
spaces/sites.
[3]
Available spaces on existing and approved towers.
[4]
Potential adverse visual impact by a tower designed for co-location.
(g)
Not more than one communication tower shall be permitted on
any parcel of land. Telecommunications facilities under the exclusive
control or ownership of a municipal corporation are exempt from this
subsection.
(4)
Modifications. Modifications to existing telecommunications facilities
are permitted and shall require a special use permit upon application
to the Planning Board. The Planning Board shall issue such special
use permit upon the following criteria:
(a)
That the proposed modification involves the co-location of new
transmission equipment, or the removal or replacement of transmission
equipment.
(b)
That the proposed modification does not substantially change
the physical dimensions of any tower or base station, and does not
exceed the height restrictions set forth in Section C(3)(c)[2], herein.
(c)
An applicant intending to co-locate with an existing tower shall
be required to document permission from an existing tower owner to
co-locate.
(d)
The Planning Board shall have the authority to impose such reasonable
conditions as are directly related to and incidental to the proposed
modification.
D.
Additional requirements and standards.
(1)
The following criteria and additional requirements shall apply to
each application for site plan approval for a new telecommunications
facility:
(a)
Setbacks. All towers shall be set back from all adjacent property
lines a sufficient distance to safeguard the general public and/or
adjacent property in order to contain on site substantially all ice
fall or debris from tower failure. A setback of the tower from any
adjacent property line shall be equal to the tower height plus 20
feet. Accessory structures must comply with the minimum setback requirements
for such structures as defined in the underlying district.
(b)
Aesthetics.
[1]
Telecommunications facilities shall be located and their visual
effects minimized through careful design and buffering via vegetative
screening to the maximum extent which is practical and feasible to
help ensure compatibility with surrounding land uses. The following
provisions shall serve as guidelines or examples for the Planning
Board in considering to how to screen towers:
[a]
Native plants and vegetation consistent with the
Town Native Plan Manual is recommended. To screen the base of the
tower and accessory structures, a row of deciduous trees capable of
forming a continuous hedge at 10 feet in height within two years of
planting and not more than 20 feet apart and within 25 feet of the
tower base and accessory structures, or other landscaping or buffering
as the Planning Board shall reasonably require.
[b]
Within 50 feet of the boundary, at least one row
of evergreen trees, shrubs or other landscaping or buffering as the
Planning Board shall reasonably require, at least four feet high when
planted and spaced not more than 15 feet apart.
[c]
All trees, plantings, and landscaping shall be
maintained and replaced if needed.
[2]
Existing on-site vegetation shall be preserved to the maximum
extent possible.
[3]
The Planning Board may require that the tower be designed and
sited so as to avoid, if possible, application of Federal Aviation
Administration (FAA) lighting and painting requirements, it being
generally understood that towers should not be artificially lighted,
except as required by the FAA.
[4]
The tower shall be of a galvanized finish or painted matte grey
unless otherwise required by the FAA, and accessory facilities should
maximize use of building materials, colors and textures designed to
blend with the natural surroundings.
[5]
All towers and accessory facilities shall be sited to have the
least adverse visual effect on the environment.
(c)
Traffic, access and safety.
[1]
Access may be required to assure adequate emergency and service
access. Maximum use of existing roads, public or private, shall be
made. Construction of pervious roadways (crushed stone, gravel, etc.)
is preferred and shall be permitted notwithstanding underlying zoning
district regulations which may provide otherwise. Road construction
shall, at all times, minimize ground disturbance and vegetation cutting,
and road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
[2]
All towers and guy anchors, if applicable, shall be enclosed
by a fence not less than eight feet in height or otherwise sufficiently
secured to protect them from trespassing or vandalism.
(d)
The Planning Board shall have the authority to require appropriate
camouflaging and to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed telecommunications
tower special use permit and/or site plan.
(e)
Removal of obsolete/unused telecommunications facilities.
[1]
The applicant shall agree, in writing, to remove all telecommunications
facilities (including tower or antennas) and restore the site to its
original condition and shall incur all expenses therefor if the facility
becomes obsolete or ceases to be used for its intended purpose for
120 days. Removal of such obsolete and/or unused facilities and restoration
of the site to its original condition shall take place within 30 days
of receipt of written notice from the Town Board. Such agreement shall
also include a commitment by the applicant to impose a similar obligation
to remove any unused and/or obsolete facilities upon any person subsequently
securing rights to co-locate on the tower or telecommunications facility.
[2]
As security for the performance of the requirements set forth
above, the applicant shall, upon the granting of approval under this
section and prior to the installation of any facilities, execute and
file with the Town Clerk a bond or other undertaking which shall be
approved as to form, manner of execution and sufficiency for surety
by the Town Board and Town Engineer and shall be with a solvent surety
corporation. Such bond or undertaking shall be conditioned upon the
faithful performance of the provisions of subsections above, and in
the event of default, the bond or undertaking shall be forfeited to
the Town, which shall be entitled to maintain an action thereon. The
bond or undertaking shall remain in full force and effect until the
removal of the facilities, tower, antennas and/or accessory structures,
and site restoration. The value of the bond shall be equal to 125%
of the cost of demolition and restoration of the site.
(f)
All essential emergency services will be given access to obtain
necessary space or service on the tower at no cost (other than installation
and maintenance).
(g)
Reimbursement for expenses. Each application shall include application
fees, engineering review fees and legal fees, as outlined in the Town
Fee Schedule. The Town may also retain technical consultants as it
deems necessary to provide assistance in the review of the site location
alternative analysis. The applicant shall bear the reasonable cost
associated with such consultation, which cost shall be assessed as
an additional application fee. In no case shall the fee be more than
5% of the total project cost as determined for building permit fee
assessment purposes.
E.
Annual report. The applicant or its successors or assigns shall file
annually with the Town on the second day of January following approval
of the telecommunications facility a written report certifying that
the applicant or its successors or assigns are complying with its
maintenance and inspection procedures and records system and that
the telecommunications facility is not a hazard or a threatened hazard
to the health and safety of the public.
F.
Exemptions.
(1)
The following types of telecommunications facilities are not subject
to the provisions of this section:
(a)
Antennas and satellite antennas used solely for on-site residential
household television and radio reception and involving a structure
with a height less than fifteen (15) feet above existing grade or,
if attached to a structure, 35 feet above existing grade.
(b)
Satellite antennas measuring two meters or less in diameter
and located in commercial districts.
(c)
Radio antennas for personal use regulated by the FCC for licensed
amateur radio operation.
(d)
Lawful or approved use and existing prior to the effective date
of this section; however, no telecommunications facility shall be
modified unless in conformity with this section.
(2)
Telecommunications facilities may be repaired and maintained without
restrictions.
[Amended 8-26-2019 by L.L. No. 9-2019]
All development shall be consistent with the current Town Design and Construction Standards and the access management standards of Chapter 55 unless specifically waived by the Planning Board. In waiving any standards or requirements of Chapter 55, the Planning Board shall comply with the requirements and procedures contained therein.
[Added 2-13-1995 by L.L. No. 2-1995; amended 4-8-1996 by L.L. No. 7-1996]
Any change of use or occupancy shall require
a certificate of compliance from the Code Enforcement Officer. The
premises must conform to the requirements of the Town Code or, in
the alternative, be established as a nonconforming use. Changes in
use shall require site plan approval by the Planning Board.
[Added 12-11-1995 by L.L. No. 12-1995]
A.
Appurtenant activities may only be conducted on such
properties that are the subject of an approved subdivision and/or
site plan, and in accordance with the provisions of the Town of Victor
Design and Construction Standards for Land Development.[1]
[1]
Editor's Note: Said Standards are on file
in the Town offices.
B.
Permanent removal of topsoil requires prior permission
of the Planning Board as part of the permit required by this chapter.
Prior to said removal authorization the applicant shall demonstrate
that sufficient topsoil will remain. A minimum of six inches of topsoil
must remain for portions of the site not covered by structures, sidewalks,
parking areas, roadways or driveways.
[Added 5-8-2017 by L.L.
No. 3-2017]
A.
Prior to issuing a permit for the demolition of any structure, whether in whole or in part, the Code Enforcement Officer shall determine whether the structure is 50 years old (or older) or is listed on the Town Historic Resources Inventory. Nothing in this subsection shall limit the demolition of unsafe structures in accordance with § 83-9.
(1)
If the structure is both less than 50 years old and not listed on the Town Historic Resources Inventory, the Code Enforcement Officer shall issue the demolition permit in accordance with § 83-4F.
(2)
If the structure is 50 years old (or older) or listed on the Town
Historic Resources Inventory, the Code Enforcement Officer shall refer
the application for said demolition to the Planning Board for its
review and recommendation.
(3)
For such applications referred to the Planning Board, the Planning
Board shall hold a public information meeting and its review shall
include the impact of the demolition on the Town's historic resources,
including but not limited to the following considerations:
(a)
If the structure is 50 years old (or older) or is listed on the Historic
Resources Inventory as having "high" significance, the following considerations:
[1]
Recommendations, if any, from the Town Historic Advisory Committee
and/or Town Historian.
[2]
Whether the structure can be preserved or incorporated into the future
design or plan for the parcel.
[3]
Whether there are alternative sites for the applicant's project.
[4]
Whether the structure can be relocated without undue hardship to
the applicant.
[5]
Whether the parcel or structure can be sold to a buyer willing to
rehabilitate the structure.
[6]
Whether architectural features of the structure can be documented
and/or salvaged prior to demolition.
[7]
Whether other alternatives for preserving all or a portion of the
structure exist without imposing an undue hardship upon the applicant.
(b)
If the structure is listed on the Historic Resources Inventory as
having "medium" significance, the Planning Board's review shall include
the recommendations, if any, from the Town Historic Advisory Committee.
(c)
If the structure is listed on the Historic Resources Inventory as
having "low" significance, the Planning Board's review shall include
the recommendations, if any, from the Town Historian.
(4)
After reviewing the application for demolition and hearing all comments
submitted in writing and/or at the public information meeting, the
Planning Board shall issue nonbinding recommendations to the applicant
and shall authorize the Code Enforcement Officer to issue the permit.
