Survey of property showing existing features, including contours, utility easements, large trees, buildings, uses, structures, streets, rights-of-way, zoning and ownership of surrounding property.

Layout sketch showing proposed lots, blocks, building locations and land use areas.

Traffic circulation, parking and loading spaces, and pedestrian walks.

Landscaping plans including site grading, landscaping design, open areas and buffer zone.

Preliminary architectural drawings for buildings to be constructed; floor plans, exterior elevations and sections.

Preliminary engineering plans; street improvements, storm drainage, water supply and sanitary sewer facilities.

Engineering feasibility study of any anticipated problem which might arise due to proposed development, as required by Planning Board.

Construction sequence and time schedule for completion of each phase for buildings, parking and landscaped areas.

Description of proposed uses, hours of operation, and expected number of employees, volume of business, and volume of traffic generated.

When necessary under § 239-m of the General Municipal Law, the Planning Board shall forward the site plan to the County of Genesee for its review prior to taking any final action. The Planning Board shall review the site plan and supporting data before approval or approval with stated conditions is given, and take into consideration the following:[1]

The Board may require changes or additions in relation to yards, driveways, landscaping, buffer zones, etc. to insure safety, to minimize traffic difficulties and to safeguard adjacent properties. Should changes or additional facilities be required by the Board, final approval of site plan shall be conditional upon satisfactory compliance by owner to the changes or additions.

Any owner wishing to make changes in an approved site plan shall submit a revised site plan to Planning Board for review and approval.

Residential uses.

Hotel, motel, tourist home, boardinghouse: three parking spaces, plus one space for every guest room.

Dormitory, fraternity, sorority, nurses' home, hospital: three parking spaces, plus one space for every two beds.

Places of public assembly: one parking space for every five seats; or one parking space for every 100 square feet of floor area.

Business, professional and medical offices: two parking spaces, plus one space for every 200 square feet of office space.

Commercial and business, in groups over 20,000 square feet of business floor area: one parking space for every 100 square feet of business area.

Commercial and business, individual establishments on separate lots: one parking space for every motor vehicle used directly in the business, plus one parking space for every 200 square feet of business area.

Restaurant, eating and drinking establishments (other than drive-in): one parking space for every 100 square feet of floor area.

Industrial, wholesale, warehouse, storage, freight and trucking uses: one parking space for every motor vehicle used directly in the business, plus additional parking as required by the Planning Board.

Unspecified use. As required by the Board based upon use intensity, turnover, customers, employees and vehicles used.

Lot shall not be located within 300 feet of any lot occupied by a school, hospital, playground, library or religious institution. Measurement shall be made between nearest respective lot lines.

Lot size shall be at least 20,000 square feet.

Lot frontage shall be at least 150 feet.

Lot depth shall be at least 125 feet.

Pumps, other service devices, and fuel and oil storage shall be located at least 30 feet from all lot lines.

Automobile parts and dismantled vehicles are to be stored within building and no major repair work is to be performed outside building.

There shall be no more than two access driveways from any street. Maximum width of each access driveway shall be 30 feet.

Facility shall be surrounded by a fence set back from property lines in conformance with district regulations for front, side and rear yards.

Landscaped area at least 15 feet wide shall be maintained in front, rear and side yards.

There shall be no open equipment visible from surrounding property.

Low-profile equipment shall be used where practical.

All excavation slopes in excess on one to one shall be adequately fenced.

Stripping of topsoil for sale or use on other premises, except as may be incidental to a construction project, is prohibited.

Before approval of any new, or extension to, sand, gravel or stone quarrying operation by the Planning Board, performance bond shall be secured from the applicant sufficient to insure that upon completion of extraction operations, the abandoned quarry will be left in a safe, attractive and useful condition in the interest of public safety and general welfare. The bond shall be sufficient to cover cost of redevelopment of the quarry as a park, recreation area or other usable open space.

General standards. Every sign shall be designed and located in such a manner as to:

Signs permitted in any district. Off-premises advertising signs, billboards and roof signs are not permitted in any district, except as outlined in Subsection C. The following signs are permitted in any district:

Signs in interchange and industrial districts.

Nonconforming signs.

Location. Satellite dishes shall be located as set forth in § 475-25C.

Installation.

The lot upon which a farm equipment repair shop is situated shall not be located within 300 feet of any lot occupied by a school, hospital, playground, library or religious institution. Measurements shall be made between the nearest respective lot lines.

No dismantled or inoperable vehicles or farm equipment may be stored longer than 90 days on the farm equipment repair shop site.

There shall be no more than two access driveways from any street. Maximum width of each access driveway shall be 40 feet.

Any dismantled or inoperable vehicles or equipment must be stored at least 100 feet from the front lot line.

Any farm equipment repair shop shall include at least one building with a floor area at least 1,000 square feet.

Definitions. The following words or phrases used in this section are defined as follows:

Uses permitted. Adult uses shall be a permitted use in the Industrial-3 (I-3) District as set forth on the Town of Bergen Zoning Map and shall also be subject to the following regulations:

Inspection requirements.

Nonconforming adult use. An adult use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult use business, of a church, public or private elementary or secondary school, public part, residential zoning district, or a residential lot within 1,000 feet of the adult use business.

Violations. It shall be deemed a violation of this chapter if the owner and/or operator, an employee of the owner and/or operator or an agent of the owner/operator has:

Enforcement. The provisions of this section shall be enforced by the same persons and in the same manner as provided in Article II.

Supporting documentation. In addition to other documents required by state and local regulation, the site plan shall include a completed Visual Environmental Assessment Form (Visual EAF) and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any required clearing. The applicant must provide a coverage/interference analysis and capacity analysis that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less-restrictive district. The Planning Board may require submittal of a more detailed visual based on the results of the Visual EAF in addressing this subsection and Subsections H, J and K of this section.

Shared use of existing towers and/or structures. At all times, shared use of an existing tower and/or structures (i.e., another commercial communications tower, water tower, building, etc.) shall be preferred to the construction of a new commercial communication tower. An applicant shall be required to present an adequate report inventorying existing towers or other structures within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new commercial communication tower. The installation of a commercial communication antenna(s) on an existing structure located within the INT-R, INT-I, RA-40, I and IP Districts shall be considered a permitted accessory use not subject to site plan review, provided the following criteria are met:

New or altered towers and/or structures.

New tower at a developed site. When shared usage of an existing tower or other structure is found to be impractical, as determined in the sole discretion of the Planning Board, the applicant shall investigate the feasibility of sharing a site already developed with an existing tower or other structure. Documentation and conditions shall be in accordance with Subsections A and C of this section. Any new commercial communication tower approved for a site with an existing tower or other structure site shall be subject to the standards of Subsections F through N of this section.

New tower at a new location. The Planning Board may approve a new commercial communication tower on a site not previously developed with an existing tower or other structure when the applicant demonstrates that shared usage of an existing tower site is impractical, as determined in the sole discretion of the Planning Board, and submits a report as described in Subsection C of this section.

Future shared use of new towers. The applicant must design a proposed commercial communication tower to adequately hold and support a minimum of two additional commercial communication system carriers. This requirement may be waived provided that the applicant demonstrates, in the sole discretion of the Planning Board, that provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon:

Setbacks for new towers. All proposed commercial communication towers and accessory structures shall be set back from abutting residential parcels, public property or street lines a distance sufficient to contain on-site substantially all icefall or debris from tower failure and preserve the privacy of adjoining residential properties.

Visual impact assessment. The Planning Board shall require the applicant to undertake a visual impact assessment of any proposed new towers or any proposed modifications of an existing tower that will increase the height of the existing tower in excess of that allowed in Subsection B. Construction of a new commercial communication tower or modification of an existing tower shall be subject to those guidelines and criteria listed below that the Planning Board, in its sole discretion, deems appropriate at the initial meeting:

New tower design. Alternate designs shall be considered for new towers, including lattice and single pole structures. Plans should show that the owner of the commercial communication tower will permit other persons to attach other communication equipment which does not interfere with the primary purposes of the commercial communication tower, provided that such other persons agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment. The design of a proposed new tower shall comply with the following:

Existing vegetation. Existing on-site vegetation shall be described in the application and preserved to the maximum extent possible and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place without specific approval nor prior to approval of the special use permit. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required for all commercial communication towers; at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Access road construction shall, at all times, minimize grounds disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any roadway surface. Access road grades shall closely follow nature contours to assure minimal visual disturbance and reduce soil erosion potential. Access roads shall have an all weather surface and shall be a minimum of 12 feet in width.

Parking. Parking shall be provided in accordance with § 475-46 and shall include a turnaround. No parking space shall be located in any required yard.

Fencing. Sites of proposed new commercial communication towers and sites where modifications to existing towers are proposed shall be adequately enclosed by an eight-foot chain link fence topped with three strands of barbed wire, unless the applicant demonstrates to the sole discretion of the Planning Board that such measures are unnecessary to ensure the security of the facility and safety of the general public. Such security fencing shall surround the tower base as well as each guy anchor.

Performance bond. Prior to approval of any application, the Planning Board, in its sole discretion, may require the applicant and/or owner to post and file with the Town Clerk a maintenance and/or performance bond or other form of security acceptable to the Town Attorney, in an amount sufficient to cover the construction and maintenance of said tower during its lifetime and to provide for its removal. The amount required shall be determined in the sole discretion of the Planning Board, based upon the unique characteristics of the tower and site. In furtherance of the foregoing, the applicant and/or owner shall cooperate with the Planning Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application to accomplish the foregoing.

Removal of obsolete/unused facilities. Commercial communication tower facilities must be removed if they become obsolete or cease to be used for their intended purposes. Removal of such obsolete and/or unused facilities shall take place within four months of cessation of use. The Planning Board, in its sole discretion, may extend such time period upon a showing of good cause by the applicant. Failure by the applicant to remove obsolete and/or unused commercial communication tower facilities within the time period set forth in this section shall be a violation of a condition of the building permit, special use permit and/or zoning ordinance which authorize the construction or installation of said facilities and shall result in the forfeiture to the Town of Bergen of the performance bond set forth in Subsection O. The applicant shall submit an executed removal agreement consistent with this Subsection P at the time of their application.