Town of Brighton, NY All Nonresidential Districts

Waste containers and grease/oil containers may be located in the same or separate enclosures, provided that all waste containers and grease/oil containers are completely enclosed in an approved enclosure.

Enclosures for waste containers and grease/oil containers shall, at minimum, equal the height of the container and shall not exceed 10 feet.

[Amended 9-27-2012 by L.L. No. 9-2014]

Solid waste and grease/oil containers shall be enclosed with durable building materials that completely screen the inside of the enclosure and are aesthetically acceptable, as determined by the Building Inspector or the Planning Board. Examples of acceptable materials include but are not limited to stockade fencing and wooden posts with lattice work. Chain link fencing with woven plastic strips is not an acceptable alternative.

The Planning Board or the Building Inspector may modify the conditions of this § 207-14.1A based on site-specific constraints or conditions, provided that potential aesthetic and litter impacts on surrounding properties are controlled.

Solid waste containers.

Materials and capacity.

Waste containers shall be constructed of steel or other durable materials and shall be designed for commercial use.

A sufficient number of containers are to be provided to hold, when covered, all of the garbage and refuse that accumulates between periods of pickup and removal.

(c)

Waste containers shall be kept closed (tops on/down, doors shut) at all times except when accessed for the disposal of waste. Food wastes are to be bagged and sealed prior to placement in the waste container. All waste shall be contained within the waste container.

Maintenance.

The solid waste enclosure and all waste containers shall be maintained in a good state of repair. The waste container(s) and enclosure shall be kept clean and the waste enclosure and the surrounding area shall be cleared daily of all litter. Garbage and refuse containers stored outside the establishment and dumpsters, compactors, and compactor systems are to be easily cleanable metal or high-density plastic, provided with tight-fitting lids, doors or covers and kept covered when not in actual use. In containers designed with drains, drain plugs are to be in place at all times except during cleaning.

Waste containers shall be kept in suitable condition to prevent leakage or the entrance of vermin and shall be replaced as necessary to maintain such suitable condition.

(c)

The accessibility of the enclosure for trash collection purposes shall be maintained at all times. Access gates to the solid waste enclosure shall be kept closed except when in use. Solid waste enclosures shall not be used for any purpose other than for storing solid waste containers and grease oil recycling containers for collection.

Siting. In all districts, solid waste enclosures shall be located in the rear yard and should be either adjacent to the building they serve or a minimum of 30 feet from any residential lot line. The Planning Board or Building Inspector may modify siting requirements based on site-specific constraints or conditions, provided that potential aesthetic, litter and odor impacts on surrounding properties are controlled.

Shared containers. On lots with multiple commercial uses, individual businesses are encouraged to make arrangements to share dumpsters when such sharing is practical.

Grease/oil recycling or disposal containers.

Applicability. The Building Inspector, the Town Engineer or the Planning Board shall determine whether grease/oil recycling or disposal containers are required, based upon the amount of used grease or oil generated by the business and information provided by the applicant.

Materials and construction. Containers used for outside storage of grease or oil for recycling or disposal shall be constructed of steel or material of similar durability, shall be of suitable design to present leakage, spillage or access by vermin and shall have lids which completely cover the container and/or access hole. The Planning Board or Building Inspector shall determine the suitability of proposed containers.

Maintenance. Containers used for outside storage of grease or oil for recycling or disposal shall be maintained in a good state of repair. All openings in the containers shall be kept closed except for times when the container is accessed for disposal or pickup. Any containers damaged so as to permit leakage, spillage or so that they are accessible to vermin shall be immediately replaced. The container itself and the surrounding area shall be cleaned immediately following any spillage of grease so as to maintain a safe environment and prevent the attraction of animals. For larger spills or leaks, the Monroe County Health Department shall be contacted for clean-up assistance. The exterior of the container and the surrounding area shall be cleaned at least once per week.

Siting. In all districts, grease/oil enclosures shall be located in the rear yard, adjacent to the building they serve. The Planning Board or Building Inspector may modify this siting requirement based on site-specific constraints or conditions, provided that potential impacts on surrounding properties are controlled.

(5)

Sharing of containers.

On lots with multiple commercial uses, individual businesses are encouraged to make arrangements to share grease/oil containers when such sharing is practical.

In situations where transport of grease or oil is required to make use of shared containers, all grease or oil being stored prior to transport shall remain within the establishment.

§ 207-14.2 Supplemental restaurant regulations.

[Added 2-25-1998]

Control of off-site impacts.

No restaurant use shall be located within 50 feet of a property line adjoining a residential district.

Refuse and grease handling.

Restaurants and other food uses shall comply with § 207-14.1, Waste container and grease/oil container standards.

The Planning Board, Town Engineer or Building Inspector may require that a grease trap be installed to protect sanitary sewer lines within the Town.

(c)

All refuse with the exception of materials for recycling shall be bagged in plastic bags and tied securely to prevent odors and vermin before leaving the primary structure to be placed in the waste container.

Exhaust.

Hoods, grease-removal devices and other kitchen appurtenances associated with exhausting cooking gases shall be cleaned to bare metal at frequent intervals prior to surfaces becoming heavily contaminated with grease or oily sludge. All hoods, exhaust fans and exhaust system ducts used for exhausting cooking odors and grease-laden air shall be cleaned at least every six months as part of a normal maintenance program by a contractor skilled and experienced in said work. A certificate showing date of cleaning shall be maintained on the premises and shall be provided to the Town on request.

All exhaust vents shall be located on the roof of the primary structure and shall be screened from view from the street and from the second-story view from adjacent residential properties by means of a parapet wall or other suitable screening, as determined by the Planning Board or Architectural Review Board.

Litter. Any use providing food capable of being immediately consumed which is served in disposable packaging shall have at least one aesthetically acceptable, on-site, outdoor, covered trash receptacle for patron use located near the primary entrance and shall require employees to patrol the site each business day to ensure such packaging is properly disposed of in an enclosed container.

Regulations applicable to restaurants with drive-through facilities.

A minimum of one aesthetically acceptable outdoor trash receptacle shall be provided on site adjacent to each driveway exit. At least one additional aesthetically acceptable, on-site, outdoor trash receptacle shall be provided for every 10 required parking spaces.

Employees shall collect on-site and off-site litter, including food wrappers, containers and packaging from restaurant products generated by customers within a radius of 300 feet of the primary entrance at least once per business day. The consent of neighboring property owners shall be obtained prior to collection upon their property.

All other regulations for drive-through establishments contained in § 207-14.3, Drive-through standards, shall be adhered to.

Landscaping, buffering and screening. All restaurant uses shall be appropriately landscaped, buffered and screened according to the requirements and guidelines of Chapter 207, Article V, and Appendix Part 1 of these regulations and subject to the approval of the Planning Board.

§ 207-14.3 Drive-through standards.

[Added 2-25-1998]

The regulations of this section are intended to allow for drive-through facilities by reducing the negative impacts they may create. Of special concern are noise from idling cars and voice amplification equipment, lighting, and queued traffic interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this chapter are to:

Reduce noise, lighting and visual impacts on abutting uses, particularly residential uses;

Promote safer and more efficient on-site vehicular and pedestrian circulation; and

Reduce conflicts between queued vehicles and traffic on adjacent streets.

When these regulations apply.

The regulations of this section apply to all uses that have drive-through facilities.

Site development. The regulations of this section apply only to the portions of the site development that comprise the drive-through facility. The regulations apply to new developments, the addition of drive-through facilities to existing developments and the relocation of an existing drive-through facility.

Parts of a drive-through facility. A drive-through facility is composed of two parts: the stacking lanes and the service area. The stacking lanes are the spaces occupied by vehicles queuing for the service to be provided. The service area is where the service occurs. In uses with service windows, the service area starts at the service window. In uses where the service occurs indoors, the service area is the area within the building where the service occurs. For other development, such as gas pumps, air compressors and vacuum cleaning stations, the service area is the area where the vehicles are parked during the service.

Location, setbacks, size and landscaping. All drive-through facilities must meet the requirements stated below:

[Amended 7-26-2000 by L.L. No. 6-2000]

Drive-through service areas shall not be located in the front yard.

Abutting a residential zone. Service areas and stacking lanes must be set back at least 30 feet from all lot lines which abut a residential zone and shall be screened as determined necessary by the Planning Board.

Abutting a nonresidential zone. Service areas and stacking lanes must be set back at least 10 feet from all lot lines which abut nonresidential zones and shall be screened as determined necessary by the Planning Board.

Abutting a street. Stacking lanes must be set back 10 feet from all street lot lines and shall be screened as determined necessary by the Planning Board.

(5)

Drive-through and stacking lanes shall be a minimum of 12 feet wide.

Vehicular access. All driveway entrances, including stacking lane entrances, must be at least 50 feet from an intersection. The distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.

Stacking lane standards. These regulations ensure that there is adequate on-site maneuvering and circulation areas, ensure that stacking vehicles do not impede traffic on abutting streets and that stacking lanes will not have nuisance impacts on abutting residential lands.

Restaurants. A minimum of 120 feet of stacking lane is required for each restaurant drive-through service area.

Other drive-through facilities.

Located in primary facilities. A minimum of 80 feet of stacking lane for each service area is required for all other drive-throughs located in primary facilities. Stacking lanes do not have to be linear. Stacking lane area is in addition to other required parking and circulation areas.

Located in accessory facilities. A stacking lane is not required for drive-throughs located in accessory facilities where vehicles do not routinely stack up while waiting for the service. The determination of the need for stacking lanes for accessory facilities shall be made by the Building Inspector or the Planning Board.

Stacking lane design and layout. Stacking lanes must be designed so that they do not interfere with parking and vehicle circulation.

Stacking lane identification. All stacking lanes must be clearly identified, through the use of means such as striping, landscaping and signs.

Noise.

Any drive-through speaker system shall emit no more than 50 decibels measured at four feet from the speaker and shall not be audible above daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within 30 feet of any residential district or any property used for residential uses.

No noise-generating compressors or other such equipment shall be placed within 10 feet of a property line adjoining any residential district or any property used for residential uses. Noise-generating equipment shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and enjoyment of adjacent residential property.

§ 207-14.4 Emergency standby generators.

[Added 11-25-2008 by L.L. No. 6-2008; amended 5-13-2009 by L.L. No. 4-2009]

Emergency standby electrical power generators meeting all of the following conditions shall require only a building permit:

The generator shall be located in a rear yard behind the principal building, not extending past the side of the building;

The generator shall not be located closer than 10 feet to any lot line;

The placement of the generator shall not interfere with the safe passage of pedestrians or vehicles;