A.
All new land use activities within the Town shall require
site plan review and approval before being undertaken, except the following:
(1)
Construction or alteration of one- or two-family dwellings
and ordinary accessory structures and related land use activities.
(2)
Landscaping or grading which is not intended to be used
in connection with a land use reviewable under the provisions of this chapter.
(3)
Ordinary repair or maintenance or interior alterations
to existing structures or uses.
(4)
Exterior alterations or additions to existing structures
which would not increase the square footage of the existing structure by more
than 25% and having a cost value of less than $25,000.
(5)
Harvesting more than 50% of the trees on any parcel of
land of more than five acres.
(6)
Signs. Signs under 15 square feet in total for all signs
on property.
(7)
The sale of agricultural produce and temporary structures
related to the sale of agricultural produce.
(8)
Land use activity that occurs in the course of normal
agriculture or timbering operations as pursuant to § 308 of the
Agriculture and Markets Law (sound farming practices) and Section 305-a of
the Agriculture and Markets Law (compliance with agricultural data statements
in agricultural districts).
B.
Any person uncertain of the applicability of this chapter
to a given land use activity may apply in writing to the Planning Board for
a written jurisdictional determination.
This chapter does not apply to uses and structures which are lawfully
in existence as of the date this chapter becomes effective. Any use which
would otherwise be subject to this chapter that has been discontinued for
a period of two years or more shall be subject to review pursuant to the terms
of this chapter before such use is resumed. Any use or structure shall be
considered to be in existence, provided the same has been substantially commenced
as of the effective date of this chapter and fully constructed and completed
within one year from the effective date of this chapter. A voluntary unofficial
review of the plans by the Barton Planning Board is recommended, with no fee
required.
This chapter in no way affects the provisions or requirements of any
other federal, state or local law or regulations. Where this chapter is in
conflict with any other such law or regulation, the more restrictive shall
apply. The Planning Board shall comply with the provisions of the State Environmental
Quality Review Act (SEQRA) in conjunction with the site review process set
forth in this chapter.
A.
LAND USE ACTIVITY
PARKING SPACE
STREAMBANK
STRUCTURE
STRUCTURE, ACCESSORY
USE
As used in this chapter, the following terms shall have
the meanings indicated:
Any construction or other activity which changes the use or appearance
of land or a structure or the intensity of use of land or a structure. Land
use activity shall explicitly include, but not be limited to, the following:
new structures, expansions to existing structures, new uses, changes in or
expansions of existing uses, roads, driveways and excavations for the purpose
of extracting soil or mineral deposits.
An area nine feet by 20 feet minimum.
The high water mark of any permanent stream or river.
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings, sheds,
signs, tanks, towers and any fixtures, additions arid alterations thereto.
Any structure designed to accommodate an accessory use but detached
from the principal structure, such as a freestanding garage for vehicles accessory
to the principal use, a storage shed, garden house or similar facility.
The specific type of business or activity.
B.
Any term used in this chapter which is not defined herein
above shall carry its customary meaning unless the context otherwise dictates.
