Bergen Town City Zoning Code
ARTICLE V
Zoning Districts and Zoning Map
§ 475-25 General regulations.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations. The dimensions and restrictions set forth in Schedule A are incorporated herein and made a part of this chapter.[1]
Buildings, uses and lots.
One principal building and use per lot. There shall not be more than one principal structure and one principal use on any one lot in the following districts:
Residential R-20 | |
Residential R-30 | |
Residential-Agricultural RA-40 | |
Land Conservation |
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.
Lots under water or subject to flooding. No more than 25% of the minimum area requirements of a lot may be fulfilled by land which is under water or subject to periodic flooding. Land which is under water that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this section, land in the bed of a stream not exceeding five feet in width at mean water level, and land in any pond not exceeding 150 square feet in area shall not be considered as under water. Where any area is separated from the main body by water, such separated land shall not be included in computing lot area.
Required street frontage. No zoning permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage on a street or highway, has the required frontage on a street or highway, as defined herein, which street frontage provides the actual access to such structure, and which street or highway shall have been suitably improved to Town Board standards or a bond posted therefor to the satisfaction of the Town Board or Planning Board, as provided in § 280-a of the Town Law.
[Amended 6-24-1985 by L.L. No. 3-1985]
Parts of lot not counted toward area requirements. No part of any lot less in width than 1/2 of the minimum requirement for the district in which it is located shall be counted as part of the minimum required lot area.
Yards, yard requirements, building projections, setbacks other features.
Porches. No porch may project into any required yard. Any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements or amount of lot coverage.
Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard.
Fire escapes. Open fire escapes may extend into any required yard.
Visibility at intersections. On a corner lot in any district, no fence, wall, hedge, or other structure or planting more than three feet in height, shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
Swimming pools. All swimming pools whose capacity is 3,000 gallons or more shall be considered accessory structures and shall set back from lot lines at least the minimum distance required for other buildings and structures. Pools shall be surrounded by a fence at least four feet high, strong enough to make the pool inaccessible to children and shall have a gate equipped with self-closing, self-locking devices.
Buffer zones. Wherever a buffer zone is required by this chapter, it shall meet the following standards:
Be at least 15 feet in width along any lot line abutting a lot in a residence district.
Be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will screen the activities on the lot from view of a person standing at street level on the adjoining residential lot. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.
A wall or fence, of location, height, and design approved by the Planning Board may be substituted for the required planting.
Height exceptions. District building height regulations shall not apply to radio or television antennas and commercial communication antennas or towers, provided such structures do not present a hazard to aircraft operations.
[Added 9-29-1997 by L.L. No. 3-1997]
Location of accessory buildings and structures.
Accessory buildings are permitted as follows:
Accessory buildings with a total floor area of 150 square feet or less and a building height of not more than nine feet shall be permitted within five feet of the rear and side lot lines when located in the rear yard area.
Accessory buildings with a total floor area greater than 150 square feet or a building height of greater than nine feet shall be located in compliance within the required yard areas of the respective district.
Accessory structures are permitted as follows:
Accessory structures equal to or less than 15 feet in height, including satellite dishes with a diameter of 13 feet or less, shall be permitted within five feet of the rear and side lot lines when located in the rear yard area.
Accessory structures greater than 15 feet in height, including production model wind energy conservation systems (windmills) and satellite dishes greater than 13 feet in diameter, shall be located within the required yard areas of the respective district.
Nonconforming uses, structures and lots. Except as hereinafter provided, the lawful use of any buildings or land existing at the time of the enactment of amendment of this chapter may be continued although such use does not conform with this chapter.
Nonconforming structures. A nonconforming structure or part thereof may be restored to a safe condition only to the extent of its prior nonconformity. A nonconforming structure may be enlarged, provided the enlargement does not increase the nonconformity of the structure. For example, a structure nonconforming by reason of its nearness to a side lot line may be extended rearward, provided the extension does not further reduce the side yard to extend into the required yard. This section shall not apply to nonconforming signs (see § 475-54).
Nonconforming uses.
A nonconforming use may be changed to a conforming use.
The right to continue a nonconforming use, once established and not abandoned, runs with the land, and this right is not confined to any one individual or corporation.
A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding, in aggregate cost, 50% of the assessed value of the building unless said building is changed to a conforming use.
A nonconforming use discontinued for a period of one year or more shall be considered abandoned and shall not be reestablished.
A mobile home unit which is a nonconforming use may be replaced with a different mobile home unit, provided the level of nonconformity is not increased, and the replacement mobile home complies with the current construction and safety standards set forth by the United States Department of Housing and Urban Development.
Uses not permitted. Uses which are not allowed by this chapter are prohibited.
Minimum habitable floor area.
Residential front yard grade. Surface grade of residential front yards measured at the midpoint of the residence's front wall shall be at least one foot above the elevation of the street's center line, unless adequate site drainage is provided otherwise.
[Amended 6-24-1985 by L.L. No. 3-1985]
Stabling farm animals. There shall be no stabling of farm animals or storage of manure or fertilizer within 100 feet of any lot line.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
§ 475-26 Establishment of zoning districts and overlay zones.
[Amended 5-31-1989 by L.L. No. 2-1989][1]
The following zoning districts and overlay zones are hereby established:
Residential R-20 |
Residential R-30 |
Residential-Agricultural RA-40 |
Interchange INT |
Industrial I |
Industrial-Processing I-P |
Planned Unit Development PUD |
Land Conservation LC |
Mobile Home Overlay MHO |
Floodplain Overlay FPO |
§ 475-27 Zoning Map.
The zoning districts are shown, defined and bounded on the Zoning Map accompanying this chapter. The Zoning Map is hereby made a part of this chapter and shall be on file in the Office of the Town Clerk.
§ 475-28 Interpretation of zoning district boundaries.
Questions concerned with the exact location of district boundary lines as shown on the Zoning Map shall be resolved by the Board of Appeals.
Where a district boundary line divides the lot of record at the time such line is adopted, the regulations for the less-restricted part of such lot shall extend not more than 50 feet into the more-restricted part, provided the lot has frontage on a street in the less-restricted district.
§ 475-29 Existing lots of record.
[Amended 6-24-1985 by L.L. No. 3-1985]
A single-family dwelling and customary accessory buildings may be erected on any existing undeveloped lot of record with minimum of 100 feet in width and 20,000 square feet in area (recorded with the County Clerk at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter). This provision shall apply even though such lot fails to meet the requirements for area or width or yard size, provided that requirements other than those applying to area, or width, or yard size, of the lot shall conform to the regulations for the district in which such lot is located. The single-family dwelling minimum yard requirements for existing lots of record shall be as follows:
§ 475-30 Residential R-20 District.
The R-20 District is designed to accommodate residential uses on lots with a minimum area of 20,000 square feet. The purpose of this district is to encourage residential growth in an area of the Town which is immediately adjacent to village services such as public water and sewer. The smaller lot size will allow for a greater density.
§ 475-31 Residential R-30 District.
The R-30 District is designed to accommodate residential uses on lots with a minimum area of 30,000 square feet. The purpose of the district is to provide an area in the Town for residential growth on lots which are of adequate size to maintain septic systems and, therefore, not require the provision of public water and sewers in the future.
The following uses are permitted in a residential R-30 Zone upon issuance of a special use permit:
Home occupation.
Outdoor recreation.
Public utility.
Wind generator, production model.
Two-family dwelling.
Multifamily dwelling.
Adaptive reuse of a preexisting nonresidential building fronting on a state highway for the uses identified as follows:
[Added 11-23-2011 by L.L. No. 2-2011]
Medical clinic.
Animal hospital.
Motor vehicle sales and service.
Recreational vehicle sales and service.
Mobile home sales and service.
Farm equipment sales and service.
Light manufacturing (enclosed).
Packaging and distribution of food processed elsewhere.
Fabricated metal products.
Furniture and fixtures.
Lumber and wood products.
Sign and advertising specialties.
Electronic components and accessories.
Surgical and medical instruments, appliances and supplies.
Analytical instruments.
Tool and die shops.
Printing and publishing establishments.
§ 475-32 Residential-Agricultural RA-40 District.
The RA-40 District is designed to preserve farm land and the rural nature of the Town. Agricultural uses are the primary use in the district; however, residential uses are permitted on lots with minimum size of 40,000 square feet.
The following uses are permitted in Residential Agricultural RA-40 Zones upon issuance of a special use permit:
Two-family dwelling.
Home occupation.
Quarry.
Wind generator, production model.
Public utility.
Outdoor recreation.
Airport landing strip.
Wildlife refuge.
Club.
Kennel.
Farm equipment repair shop.
[Added 6-24-1985 by L.L. No. 3-1985]
Adaptive reuse of a preexisting nonresidential building fronting on a state highway for the uses identified as follows:
[Added 11-23-2011 by L.L. No. 2-2011]
Medical clinic.
Animal hospital.
Motor vehicle sales and service.
Recreational vehicle sales and service.
Mobile home sales and service.
Farm equipment sales and service.
Light manufacturing (enclosed).
Packaging and distribution of food processed elsewhere.
Fabricated metal products.
Furniture and fixtures.
Lumber and wood products.
Sign and advertising specialties.
Electronic components and accessories.
Surgical and medical instruments, appliances and supplies.
Analytical instruments.
Tool and die shops.
Printing and publishing establishments.
§ 475-33 Interchange INT-R District.
[Amended 2-24-1997 by L.L. No. 2-1997]
The INT-R District is intended to permit the orderly development of retail uses near the I-490 Interchange in the Town of Bergen. The Planning Board may also evaluate industrial development applications to determine whether such development is harmonious, in the judgment of the Planning Board, as to be worthy of a special use permit.
The following are permitted uses in the INT-R District:
Personal services.
Business and professional offices.
Convenience retail and office uses, including but not limited to gas stations, restaurants, drugstores and banks.
Destination retail uses, including but not limited to discount centers and factory outlet stores.
Accessory buildings and uses.
The following uses are permitted in the INT-R District upon issuance of a special use permit:
Medical clinic.
Animal hospital.
Hotel, motel.
Theater, bowling alley and other forms of indoor recreation.
Club.
Community center.
Car wash.
Public garage.
Motor vehicle sales and service.
Recreational vehicle sales and service.
Mobile home sales and service.
Farm equipment sales and service.
Public utility.
Light manufacturing (enclosed).
Manufacturing and assembly of pumps.
Packaging and distribution of food processed elsewhere.
Truck stop, terminal.
Trucking terminals and distribution centers associated with enclosed wholesale and/or warehouse operations.
Transportation equipment.
Chemicals and allied products.
Fabricated metal products.
Furniture and fixtures.
Lumber and wood products.
Manufacture/molding of plastic and foam products.
Printing and publishing establishments.
Sign and advertising specialties.
Electronic components and accessories.
Surgical and medical instruments, appliances and supplies.
Analytical instruments.
Tool and die shops.
§ 475-34 Interchange INT-I District.
[Added 2-24-1997 by L.L. No. 2-1997; amended 9-29-1997 by L.L. No. 3-1997; 9-8-2009 by L.L. No. 2-2009]
The INT-I District is designed to foster the development of retail and industrial uses necessary to establish a sound economic base near the I-490 interchange in the Town of Bergen.
The following are permitted uses in the INT-I District:
Business and professional offices.
Convenience retail and office uses, including but not limited to restaurants, drugstores and banks.
Destination retail uses, including but not limited to discount centers and factory outlet stores.
Medical clinic.
Animal hospital.
Hotel, motel.
Theater, bowling alley and other forms of indoor recreation.
Club.
Community center.
Gasoline station with or without a convenience market.
Car wash.
Public garage.
Motor vehicle sales and service.
Recreation vehicle sales and service.
Mobile home sales and service.
Farm equipment sales and service.
Public utility.
The following uses are permitted in an INT-I District upon issuance of a special use permit:
Light manufacturing (enclosed).
Manufacturing and assembly of pumps.
Packaging and distribution of food processed elsewhere.
Truck stop.
Trucking terminals and distribution centers associated with enclosed wholesale and/or warehouse operations.
Transportation equipment.
Fabricated metal products.
Furniture and fixtures.
Lumber and wood products.
Manufacturing/molding of plastic and foam products.
Printing and publishing establishments.
Sign and advertising specialties.
Electronic components and accessories.
Surgical and medical instruments, appliances and supplies.
Analytical instruments.
Tool and die shops.
Accessory buildings and uses.
Commercial communication tower.
Personal services.
Chemicals and allied products.
§ 475-35 Industrial I District.
The following uses are permitted in Industrial-I Zones:
Enclosed manufacturing industries.
Enclosed warehouse or wholesale use.
Public utility.
Enclosed service and repair.
Machinery and transportation equipment, sales, service and repair.
Enclosed industrial processes and service.
Freight or trucking terminal.
Contractor's yard.
Public garage.
Accessory buildings and uses.
The following uses are permitted only in an Industrial-I Zone after issuance of a special use permit:
[Amended 2-24-1997 by L.L. No. 2-1997]
Aviation landing field.
Uses which, without restrictions or safeguards, may be noxious or injurious due to the production or emission of dust, smoke, odor, gases, fumes, solid or liquid waste, noise, light, vibration or nuclear or electromagnetic radiation or due to the likelihood of injury to persons or damage to property should an accident occur.
§ 475-36 Land Conservation LC District.
The purpose of the LC District is to delineate those areas where substantial development of the land is prohibited because of natural conditions which might threaten structures or humans, and the lack of proper facilities or improvements for development. The following uses are permitted in a Land Conservation LC Zone:
Accessory uses and buildings incidental to and on the same lot as the principal use, as follows:
Recreations uses are permitted in a LC District upon issuance of a special use permit.
[Amended 6-24-1985 by L.L. No. 3-1985]
§ 475-37 Planned Unit Development PUD District.
The purpose of the Planned Unit Development is to permit greater flexibility, more creative and imaginative design and utilization of innovative land development techniques while promoting more economical and efficient use of land, buildings, circulation systems and utilities, to provide harmonious land uses which offer a high level of amenities, to permit a variety of housing types and a mixture of residential and nonresidential uses, and to preserve natural and scenic qualities of the site during the development process.
Procedure for creation of a PUD District.
The owner of any tract of land in the Town of Bergen consisting of a minimum of five contiguous acres may petition the Town Board through the Planning Board to designate the property described in the petition as a PUD District.
The petition shall contain the exact name and address of the petitioner and reference records in the office of the Genesee County Clerk at which the deed conveying the property in question to the petitioner is recorded.
Procedure for approval.
Preapplication conference. Before submission of a preliminary application for approval as a Planned Unit Development, the developer is encouraged to meet with Town Planning Board to determine the feasibility and suitability of his application before entering into any binding commitments or incurring substantial expenses of site plan preparation.
Preliminary plan (rezoning).
Planning Board review and approval. A preliminary plan application shall be submitted to the Planning Board at least 15 days prior to a regularly scheduled meeting. Within 45 days of the next regularly scheduled meeting, the Planning Board shall recommend approval, approval with modifications or disapproval of the application to the Town Board. Failure by the Planning Board to act within the required time period shall constitute approval and the application shall be forwarded to the Town Board.
Submission requirements.
The applicant shall submit six sets of such plans, drawings, elevations, and specifications as may be necessary and comparable to the requirements of subdivision plat approval. These six sets shall be submitted to the Zoning Enforcement Officer.
The preliminary plan shall be accompanied by a detailed justification for the proposal including such maps, charts and written material necessary for the Board to make an impartial judgment on the suitability and impact of the proposed PUD for the Town. Such material shall include, but not be limited to, the following:
A mapped preliminary development plan of the property covered by the petition showing the approximate size and location of the various development areas (road rights-of-way, single-family housing areas, multifamily housing areas, commercial and open space areas, etc.), the number of residential structures and dwelling units within each residential area, the approximate square footage of nonresidential use within each nonresidential area and the amount of open space.
[Amended 6-24-1985 by L.L. No. 3-1985]
A written description of the proposal including the major planning assumptions and objectives, the probable effect on adjoining properties, the effect on the overall Town development plan and the effect on this chapter.
Such additional written material, graphs or charts as are necessary to present the total number of acres in the site, the number and type of housing units, the gross and net residential densities, the approximate selling and/or rental prices of the units, and square feet of nonresidential floor area including the approximate selling and/or rental price, the development schedule expressed in units per month (or year or any other appropriate time sequence), the phasing plan (if any), the approximate completion date of the entire project, and the estimated total construction cost of the project upon completion.
Such other written or graphic material as is necessary for the Board to judge the impact of the proposal on the Town. Such material shall include, but not be limited to: the need for new public facilities and the adequacy of existing facilities including a statement of the intent to which the applicant intends to provide needed facilities, a fiscal impact statement including a summary of new costs and revenues to the Town due to the development, the projected new population, and the method of assuring that all open spaces will be permanently maintained and devoted to open space uses.
Review considerations. In review of the preliminary plans, the Planning Board shall consider the manner with which the proposal fits the general pattern of land use established by the Zoning Law, and the protection of the established and permitted uses in the area. It shall consider: the location of main and accessory buildings and their relation to one another; the circulation pattern of the site, and the amount, location, and access of parking and off-street loading space facilities; the height and bulk of buildings; the provision of open spaces, landscaped areas, signs, and similar features of the site plan; and the safeguards provided to minimize possible detrimental effects of the proposed development on adjacent property and the surrounding neighborhood; the manner of conformance with the official development policies of the Town; the effect on schools and other municipal facilities; and the manner in which natural and scenic characteristics of the site are preserved.
Town Board review and approval. Upon receipt of the Planning Board's recommendations, the Town Board may, after a public hearing and forwarding the proposed zone change to the County Planning Board for review, amend the Zoning Law so as to establish and define the boundaries of the Planned Unit Development. If the rezoning request is approved, such action does not authorize improvements to the land rezoned.
[Amended 6-24-1985 by L.L. No. 3-1985]
Final plan.
Ownership. Before final approval of the PUD plan, the applicant must show evidence of full legal ownership in the land.
Planning Board review and approval. Upon approval of the zone change, the applicant has one year in which to submit a final plan to the Planning Board for review and recommendation to the Town Board. This submittal must be presented at least 15 days prior to the next regularly scheduled meeting of the Planning Board. Within 45 days of the next regularly scheduled meeting, the Planning Board shall recommend approval, approval with conditions or disapproval of the application to the Town Board.
[Amended 6-24-1985 by L.L. No. 3-1985]
Submission requirements. The applicant shall submit detailed site plans comparable to the requirements for final approval of a subdivision plat.
Town board review and approval. The Town Board shall make final approval in accordance with official Town development policies and may impose reasonable conditions relating to that plan.
Design standards.
Area, yard, coverage, height, density and supplementary regulation requirements shall be comparable to minimum requirements in appropriate zoning districts for each specific use, except where the Planning Board finds that it is in the public interest to modify these requirements.
Traffic and circulation.
All proposed public roads should meet municipal design and construction specifications.
Special consideration should be given to pedestrian movement from the standpoint of safety, conveniences and amenity. Sidewalks, curbs and gutters should be considered in the design of the overall circulation system.
Performance and maintenance bonds. Performance and maintenance bonds may be required in the discretion of Town Board.
§ 475-38 Mobile Home Overlay MHO Zone.
The purpose of the Mobile Home Overlay Zone is to provide a defined area for the development of quality mobile home parks and for permanent installation of single mobile homes on individual lots and in mobile home subdivisions. The Mobile Home Overlay Zone will provide for these additional uses in that portion of the base residential zone which it overlays.
The following uses are permitted in the MHO Zone in addition to those permitted in the base residential zone:
Single mobile homes on individual lots, provided the following criteria are met:
The mobile home units shall comply with the current construction and safety standards set forth by the United States Department of Housing and Urban Development, and have a minimum size of 600 square feet exclusive of any porches, additions or other extensions.
[Amended 6-24-1985 by L.L. No. 3-1985]
Placement of the mobile home must comply with the minimum area requirements for a one-family dwelling in that district, including but not limited to lot size and width, yard areas, parking, and finished grade.
The mobile home shall be placed directly upon a permanent foundation consisting of a wall of at least six-inch poured concrete, or eight-inch cement block, placed upon a pure concrete footer which is 16 inches wide and six inches deep. This foundation shall extend a minimum of 42 inches below finished grade. The foundation shall be adequately vented.
The mobile home shall be secured to the permanent foundation in at least each corner by steel rods which are anchored down through the foundation wall into the footer. When the foundation walls are made of cement blocks, the corner blocks shall be filled with concrete. Each anchoring device shall be able to sustain a minimum load of 4,800 pounds.
The stem and sewerage disposal system for the mobile home shall be approved by the County Health Department.
The following uses are permitted in the MHO Zone upon issuance of a special use permit, in addition to those permitted in the base residential zone:
Mobile home park in compliance with the criteria set forth in this section.
Standards and requirements for the construction of mobile home parks. Condition of soil, ground water level, drainage and topography shall not create hazards to the property or the health or safety of the mobile home park occupants. The site shall not be exposed to objectionable smoke, dust, noise, odors or other adverse influences, and no portion subject to predictable sudden flooding, or erosion and shall not be used for any purpose which would expose person or property to hazards.
Site, size, density and setback requirements.
The minimum site for mobile home parks shall be five acres.
The maximum number of mobile home spaces shall not exceed five per gross acre.
Each mobile home park shall set aside 10% of the total acreage of the site as open space and recreation area.
A setback of 60 feet shall be observed from the right-of-way of any public road bordering the site to any mobile home in the park.
A setback of 30 feet shall be observed from arty property line excluding a street line or street center line to any mobile home in the park.
The site shall be located and laid out so that no mobile home shall be closer than 100 feet to any existing single-family or two-family dwelling.
Lot size, density and setback requirements.
No mobile home shall be closer than 15 feet to another mobile home or other structure in the park.
Each mobile home located in a mobile home park shall have a front yard, a rear yard and two side yards. No side yard or rear yard space shall be less than 10 feet in depth and no front yard shall be less than 25 feet in depth.
There shall be a minimum setback of 25 feet observed from an abutting park street to any mobile home in the park.
Maximum heights for buildings shall be 25 feet.
Site layout and design requirements. The layout and design of the mobile home park shall conform to the following:
Streets.
All mobile home parks shall be provided with safe and convenient vehicular access from abutting public streets or roads to each mobile home lot. Such access shall be provided by streets, driveways, or other means.
All mobile home parks containing 20 or more mobile home sites shall have access from two points along a single public street or highway, or if bordering on two streets, access can be one for each street, such access points being separated by at least 100 feet.
Entrances to mobile home parks shall have direct connections to a public street and shall be designed to allow free movements of traffic on such adjacent public streets. No parking shall be permitted on the entrance street for a distance of 100 feet from its point of beginning.
The street system should provide convenient circulation by means of minor streets and property located collector streets. Dead-end streets shall be limited in length to 500 feet and their closed end shall be provided with an adequate turnaround 65 feet in diameter cul-de-sac.
Each mobile home space in a park shall have direct access to a roadway, the surface of which shall be constructed of bituminous concrete or portland concrete cement and shall have a minimum width of 20 feet. Bituminous concrete surfaces shall consist of 12 inches ROB gravel laid in two lifts as a base course of three inches bituminous concrete, applied in two lifts. All other requirements shall be set by the Town of Bergen.
Grades of all streets shall be sufficient to insure adequate surface drainage, but should not be more than 8%. Short runs with a maximum grade of 10% may be permitted, provided traffic safety is insured.
Street intersections should generally be at right angles and in no case shall any angle or intersection be less than 75°.
Entrances and exits shall be so located to provide a minimum sight distance on the adjacent public road in both directions from the interior road at the point of intersection of not less than 300 feet.
Parking.
Two car parking spaces shall be provided for each mobile home to meet the needs of occupants of the mobile home park and their guests without interference with normal movement of traffic.
At least one parking space be situated on each unit, and the remainder may be located in adjacent parking bays along the park streets.
Parking may be in tandem.
Each parking space shall have dimensions of at least 10 feet by 20 feet and shall have all-weather surfacing.
Stormwater drainage.
All mobile home parks shall be well drained and constructed so as to eliminate the accumulation of standing surface water for extended periods of time. The drainage system shall consist of buried corrugated steel pipe to carry stormwater only; or a series of well-constructed and properly maintained open ditches to carry surface runoff to off-site drainage channels or on-site drywell(s).
The drainage system shall be designed to adequately handle at least that stormwater generated by the site during a ten-year storm as determined by the U.S. Army Corps of Engineers. It must be certified by the Genesee County Soil and Water Conservation District Office that the off-site downstream drainage system is capability of handling the runoff generated by the park during a ten-year storm.
Lot requirements.
Each lot shall front on an approved interior street.
Interior lots shall not be permitted to front on more than one street.
No more than one mobile home may be placed on any lot.
No mobile home shall be located within a park except in an authorized space, and no mobile home shall be permitted to occupy any such space unless it is equipped with a properly functioning lavatory, a bathroom or shower, and one five-pound fire extinguisher.
No mobile home of less than 600 square feet shall be permitted in a mobile home park.
Each mobile home lot shall contain a home stand to provide adequate support for the placement and tie-down of the mobile home. The stand shall not leave, shift, or settle unevenly under the weight of the mobile home as a result of any frost action, inadequate drainage, vibration or other such forces. The material used in constructing the stand should be durable and capable of supporting the expected loan regardless of the weather.
Mobile homes must have been anchored at all four corners. Anchors or tie-downs, such as cast-in-place concrete "dead man" eyelets embedded in concrete screw anchors or arrowhead anchors, shall be placed at least at each corner of the mobile home stand and each device shall be able to sustain a minimum load of 4,800 pounds, or as directed by the manufacturer, or by generally accepted standards (NFPA 501A).
All occupied mobile homes shall be set on a stand and skirted with a noncombustible material, which shall be on all sides of the mobile home and constructed from said side walls to the level of the surrounding grounds, so as to enclose the area between the floor of the mobile horse and said surrounding ground. Such skirting is to be property ventilated and be completed within 30 days after arrival in the park.
One accessory building, not to exceed 100 square feet in dimension, may be located on each lot.
Each lot shall be provided with approved connections for water and sewer in accordance with the regulations of the Genesee County and New York State Departments of Health.
All utilities shall be underground.
No front or side yard shall be used for storage.
Electrical systems.
Except as otherwise permitted or required by this standard, all electrical installations in mobile home parks shall be underground, residential distribution designed and constructed in accordance with local electric utility and with the National Electric Code. The point of the electrical connection for the mobile home will be within the area of the mobile home stand.
The mobile home park secondary electrical distribution system to mobile home lots shall be single phase, 120/240 nominal.
Distribution of electricity; capacity.
For the purpose of this section, where the park service exceeds 240 volts, transformers and secondary distribution panel boards shall be treated as services.
Mobile home lot feeder circuit conductors shall have adequate capacity for the loads supplied, and shall be rated at not less than 100 amperes at 120/240 volts.
Permanent wiring.
Provisions may be made for connecting a mobile home power supply assembly by a permanent wiring method and the mobile home service equipment may provide for installation of a least one fifty-ampere receptacle.
Mobile home service equipment may also be provided with a means for connecting a mobile home accessory building or structure or additional electrical equipment located outside a mobile home by a permanent wiring method.
Gas distribution system.
Gas equipment and installations within a mobile home park shall be designed and constructed in accordance with the applicable codes adopted by the local utility. Where the state or other political subdivision does not assume jurisdiction, such installations shall be designed and constructed in accordance with the appropriate provisions of the current edition of the American National Standard-National Fuel Gas Code.
Service buildings.
Service buildings shall be located in such a way as to prohibit access directly adjacent to a mobile home lot.
Service buildings housing sanitation and laundry facilities or any other facilities shall be permanent structures complying with the New York State Building Code and the New York State Sanitary Code and/or all other applicable ordinances and statutes regulating buildings, electrical installations, and plumbing and sanitation systems.
Refuse disposal. Park owner's responsibility to provide for refuse disposal.
Mobile home park licenses.
It shall be unlawful for any person to maintain or operate a mobile home park within the limits of the Town of Bergen unless such person shall first obtain a license therefor.
The annual license fee for every mobile home park shall be fixed from time to time by resolution of the Town Board.
Before receiving a license for a mobile home park, the owner thereof shall make an adequate showing that the subject property complies with the provisions of this section.
§ 475-39 Floodplain Overlay FPO Zone.
[Amended 6-12-1989 by L.L. No. 3-1989]
The Floodplain Overlay Zone is shown on the Zoning Map of the Town of Bergen for information purposes only to identify potential areas of special flood hazard, to insure coordinated review of the zoning and flood damage prevention regulations, and to minimize the threat of flood damages. Exact boundaries of the special flood hazard areas can be found on the Federal Emergency Management Agency's (FEMA) most current Flood Insurance Rate Map (FIRM), or equivalent map for the Town of Bergen (Community Number 361137 B).
In addition to the Zoning Law, areas within special flood hazard areas are regulated by Chapter 275, Flood Damage Prevention, which is administered by the Zoning Enforcement Officer or other designee of the Town Board. These requirements are in addition to those contained in the underlying zoning district.
§ 475-40 Industrial-Processing I-P Zone.
[Added 5-31-1989 by L.L. No. 2-1989]