The town hereby finds and determines that:

A.

When coordinated with the town comprehensive plan, the creation of planned unit developments can be an effective tool for guiding development in ways that support community goals and priorities.

B.

Planned unit developments provide a means by which different land uses within an area covered by a single development plan may be combined to achieve compatibility among such uses. Unattainable with traditional municipal zoning techniques, planned unit development provides flexibility in the regulation of land use development in order to:

1.

Encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures;

2.

Enhance efficiency in the use of land, natural resources, energy, community services, and utilities;

3.

Encourage open space preservation and protection of natural resources, historic sites, and structures;

4.

Facilitate the provision of housing and improved residential environments;

5.

Enhance the ability of municipalities to promote business and employment opportunities;

6.

Allowing a diversity of uses in close proximity in the district within a limited area, including residential, institutional, professional office and general business establishments;

7.

Preserving and restoring the overall character of the district;

8.

Promoting a balance of land uses;

9.

Promoting the opportunity for people to work, meet, and utilize services in the vicinity of their residences;

10.

Providing opportunities for a mixture of uses in the same building;

11.

Promoting a positive pedestrian environment in the district;

12.

Facilitating integrated physical design;

13.

Promoting a high level of design quality; and

14.

Encouraging the development of flexible space for small and emerging businesses;

15.

Facilitating development proposals responsive to current and future market conditions.

(LL No. 1, 2021, § 1)

The power to establish planned unit development is provided for in Section 261-C of Article 16 of the New York State Town Law. In addition to any other powers and authority to plan and regulate by zoning, the town hereby enacts requirements for the review of planned unit development plans and the establishment and simultaneous mapping of a planned unit development district pursuant to the provisions of this local law.

(LL No. 1, 2021, § 1)

A.

Permitted Uses.

Small-scale light industrial
(building size not to exceed twenty-five thousand (25,000) square-foot)

Medical facility, to include a health care clinic or hospital

Office, professional

Office, general business

One-unit dwellings

Two-unit dwellings

Multi-unit dwellings

Day care center or nursery school

Assisted living facilities

Convalescent home

Nursing home

Club, membership

Museum

Government facility

Place of worship

School

Public utility building

Car wash

Fitness center

Parking lot, commercial

Research facility

Plaza

Restaurant, standard

Retail, small scale

Bakery

Ice cream parlor

Hotel/motel or conference center

B.

Prohibited Uses.

1.

A use not specifically permitted in subsection 17.21.030(A) shall be deemed prohibited except as approved under subsection 17.21.030(C).

C.

Uses permitted with Site Plan Approval/Special Permit.

1.

Any other use compatible with the above-allowed uses.

2.

Application for determination for an approved use shall include a detailed description of the use, approximate number of employees and estimated volume of traffic to be generated, as well as the criteria set forth in Section 17.21.060, Procedure.

3.

Enlargement or expansion of existing buildings whether residential, institutional, or professional and general office service establishments.

D.

Same-structure/On-site Mixed Use.

1.

Within the district, there shall be no restriction on combining different categories of use within the same building except any imposed by the New York State Building Code or other federal, state, or local regulations.

2.

Uses must follow the performance standards in Section 17.21.080, Performance Standards.

(LL No. 1, 2021, § 1)

A.

Permitted Uses. Uses within an area designated as a planned unit development district are determined by the provisions of this section as well as the conditions of the approval of any actual planned unit development project.

1.

Mixed-use Planned Unit Development. A mixed-use planned unit development may incorporate a variety of housing types, such as detached, attached, one-unit, two-unit, multi-unit, or any combination thereof. Accessory uses, including mixed-use structures, religious institutions, educational facilities, and private and public membership clubs may be allowed as determined appropriate by the planning and town boards. In addition, the mixed-use planned unit development shall permit principally business uses of a variety of types, such as research and development facilities, high-technology assembly, professional offices, commercial recreation facilities and such other uses as may be deemed appropriate by the planning and town board for the area under construction. accessory uses are allowed when exclusively intended and designed for use by the users of the permitted principal use.

B.

Minimum Area.

1.

In all applicable zoning districts outside of the town center area, the minimum area requirement for consideration of a planned unit development district designation shall be ten (10) contiguous acres of land.

2.

In the town center area, the minimum area required for a planned unit development district shall be five contiguous acres.

C.

Location. The planned unit development shall be applicable only in areas of the town where public sewer and water service are available or on parcels immediately adjacent to existing public sewer and water service where sewer and water can be extended to.

D.

Density. Because land is used more efficiently in a planned unit development, improved environmental quality can usually be produced with greater density than is usually permitted in traditional zoning districts. The planning board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection.

E.

Open Space. A minimum of thirty (30) percent open space is required for all PUD proposals. Clustering of dwelling units, institutional and general business or professional office uses, and small-scale light industrial uses are strongly encouraged, provided buffers, common open space, and emergency access are adequately planned. Buffers are required in order to eliminate or minimize potential interference and nuisances on adjacent properties. The size of the buffer shall be determined through the PUD review process, based on its ability to achieve appropriate separation, and conform to the performance standards contained herein.

F.

Lot Coverage. For all uses, the maximum lot coverage shall be seventy (70) percent.

G.

Setbacks.

1.

Unless otherwise expressly provided in this section, the front, side, and rear yard setbacks for individual structures within the PUD shall be determined in conjunction with the final approval of the planned unit development plan.

H.

Height Restrictions. The height of structures shall be determined in conjunction with the review and approval of the master plan of the planned unit development.

I.

Spacing of Buildings. The location of all structures shall be as shown on the final planned unit development plan. The proposed location and arrangement of structures shall not be detrimental to existing or prospective structures, or existing or prospective neighborhoods. Every one or two unit dwelling shall have access to a public street.

J.

Parking. Unless otherwise expressly provided in this section, PUDs shall be subject to the off-street parking and loading standards of Chapter 17.48.

K.

Street Standards and Modification. The design of public streets within a PUD shall comply with all applicable town standards as provided in Title 12 of this code.

L.

Development Assurances. The planning board may require adequate assurance, in a form and manner that it approves, that the common open space, amenities, and public improvements shown in the final planned unit development plan will be provided and fully developed and shall comply with the provisions below:

M.

Performance Bond. Prior to final planned unit development plan approval, the applicant shall file with the town clerk, in an amount to be set by the town board, a certified check to cover the full cost of all required improvements or a performance bond to cover the full cost of all improvements. The performance or completion bonds shall comply with Section 277 of the Article 16 of the New York State Town Law, and shall be satisfactory to the town board, town attorney, and code enforcement officer as to form, sufficiency, manner of execution and surety, to ensure installation of all improvements shown on the final plan. A period of at least one year of filing of the plan, in accordance with the standards and specifications of the town but no more than three years shall be set forth in the bond within which time all required improvements shall be completed. The time limit may be extended by the board, upon written application made not less than sixty-two (62) days prior to the expiration of the period in accordance with New York State Town Law Section 277.

N.

Inspection of Improvements. The applicant shall provide for the inspection of required improvements during and after construction to assure that all town specifications and requirements shall be met during the construction of the required improvements, and to assure satisfactory completion of the improvements and utilities as required by the planning board.

O.

As-Built Record Drawings. The applicant shall deliver and file with the town a set of as-built final maps, plans and drawings conforming to those submitted for the final planned unit development plan receiving final planned unit development plan approval and certified by a duly licensed professional engineer that all construction of improvements was accomplished in accordance with such final plan approval, and the certification shall run specifically in the favor of the town.

P.

Acceptance of Improvements. The applicant shall complete all required improvements to the satisfaction of the town approval authority with jurisdiction over the improvement, who shall file with the town board a report documenting the satisfactory completion of all required improvements, including all rights-of-way and easements, in the form of an acceptable deed filed with the town clerk.

Q.

Ownership. The tract of land under application for consideration for a planned unit development may be owned, leased, or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners or their agent(s) of all property included in the project. In the case of multiple ownership, the approved plan shall be binding upon all property owners, and such owners shall provide written certification of such binding agreements. All land included for the purpose of development within a PUD shall be owned by or be under the complete control of the applicant for such PUD, whether the applicant be an individual, partnership, corporation, or other entity, and shall be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. The applicant shall provide to the town all of the necessary documents and information that may be required by the town attorney to assure the town that the development project may be lawfully completed according to the plans sought to be approved.

R.

Adherence to Town Center Requirements. At the discretion of the planning board, all planned unit developments shall be developed in accordance with Section 17.36.340 (Town Center Requirements).

(LL No. 1, 2021, § 1)

As part of the PUD review process, the planning board may offer the services of its planning and design consultant to assist the applicant in creating a concept plan for the project. The intent of the option is to offer early facilitation of creative design solutions, operating outside of the more rigid process of typical plan review and comment. The option would include coordination with town staff and boards as appropriate. The cost of this option would be borne by the applicant and only upon agreement by the applicant. The option is available as a supplement to typical staff town consultant review services with the goal of creating an enhanced project design, and a more efficient and cost effective review process for the applicant.

(LL No. 1, 2021, § 1)

An application for a PUD approval shall consist of a preliminary planned unit development plan and a final planned unit development plan. The PUD review process involves the coordinated review and approval of the planning board (PUD recommendation and site plan approval) and the town board (PUD approval).

A.

Pre-Application Conference. A request for a pre-application conference shall be submitted along with the appropriate application fee to the code enforcement officer in accordance with the requirements set forth in Section 17.64.050. The intent of the pre-application conference is for the applicant to obtain a general awareness of the town's planning rationale, the compatibility of the proposed PUD with existing and anticipated land uses in the vicinity, and a familiarity with the town's PUD procedures. The conference assists the applicant in determining the suitability of a proposed PUD in the proposed location, without incurring the expense of preparation of a PUD conceptual development plan. The conference will be an informal meeting with the planning board at a workshop session or a regularly scheduled meeting, open to the public, and included on their agenda in advance of the meeting. The pre-application meeting is mandatory but does not require the filing of a preliminary planned unit development plan or plat.

B.

Preliminary Planned Unit Development Plan Submission. A preliminary planned unit development plan is a generalized plan that shows the proposed use and maximum scale, density, and intensity of use for all uses of all lands within the proposed PUD in accordance with the information requirements in subsection D below. An application for approval of the preliminary planned unit development plan shall be submitted along with the appropriate application fee to the code enforcement officer as set forth in the current fee schedule adopted by the town board. The code enforcement officer shall ascertain that all filing requirements have been met, and if so, shall forward the application document to the planning board.

C.

Planning Board Review of Preliminary Planned Unit Development Plan. The planning board shall review the application for compliance with the performance standards set forth in Section 17.21.080 of this chapter. At its first regular meeting after timely submission of application documents, the planning board will entertain a presentation of the project by the applicant, review the application materials and the preliminary planned unit development plan, and review the EAF or DEIS submitted by the applicant. All PUD applications shall be considered Type I actions under SEQRA requiring coordinated review. After evaluating the preliminary planned unit development plan according to the performance standards set forth in Section 17.21.080, the planning board shall prepare an itemized list of written findings of fact which supports a recommendation of approval, approval with conditions, or denial of the preliminary planned unit development district and accept the preliminary planned unit development plan. Upon receipt of a complete application, the written findings and recommendation of the planning board shall be forwarded to the town board within sixty-two (62) days.

D.

Town Board Review. The town board shall review the preliminary planned unit development district and the written findings of fact from the planning board. It shall conduct a public hearing at its regular or special meeting of the board within sixty-two (62) days after receiving all of the above materials. Public notice shall be required in the same manner as provided in subsection 16.08.040(D) of this Code. The town board will, within sixty-two (62) days of close of the public hearing, approve, approve with conditions, or deny the preliminary planned unit development district based upon the criteria set forth in subsection 17.21.060(A)(4)(a). The decision of the town board shall be final and shall be supported by written findings. The decision of the town board shall be forwarded to the planning board for further action.

1.

The town board may approve with or without conditions, provided that it finds that all of the following standards have been met for the proposed district:

a.

The location, size, and use of any structure(s), nature and intensity of operations involved, size of the site in relation to the proposed structure(s), and the location of the site with respect to roads giving access to it are such that the proposed uses will be in harmony with orderly development of the neighborhood.

b.

The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair their value.

c.

The proposed use shall not conflict with the intent of the Town of Big Flats Comprehensive Plan (2020), or any part thereof.

d.

A use within the proposed district shall not have an adverse effect on the agricultural resources of the area.

e.

The proposed uses will not result in excessive off-premises noise, dust, odors, solid waste, or glare, or create any public or private nuisances.

f.

The proposed uses will not cause significant traffic congestion, impair pedestrian safety, or overload existing roads considering their current width, surfacing, condition, and any proposed improvements made to them by the applicant.

g.

The proposed uses will be suitable for the proposed action considering the property's size, location, topography, vegetation, soils, protected natural habitat, hydrology, and if appropriate, its ability to be buffered or screened from neighboring properties.

h.

The proposed uses will be subject to such conditions on operation, design, and layout of structures and provision of buffer areas as may be necessary to ensure compatibility with surrounding uses and to protect the natural, historic, and scenic resources of the town.

E.

Planning Board Review of Final Planned Unit Development Plan. Upon receiving the town board's preliminary planned unit development district approval; with or without conditions, the applicant shall submit a final planned unit development plan to the planning board for approval and recommendation of approval, approval with conditions, or denial of the final planned unit development district to the town board. The final planned unit development plan is a detailed development plan prepared to scale showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, land uses, and principal site development features. The submittal requirements are set forth in the following section.

F.

Town Board PUD District Final Approval. The town board shall review the final planned unit development district and the written findings of fact from the planning board. The town board will approve, approve with conditions, or deny the final planned unit development district.

(LL No. 1, 2021, § 1)

A.

Final approval of a PUD by the town board shall be considered a binding commitment on the applicant and all subsequent owners to develop the property in accordance with the approved final PUD plan and conditions of approval. A final PUD plan approval does not in any way mandate or require performance of the applicant to proceed with the approved developmental plans or project.

B.

A final planned unit development plan shall be approved in the same form and manner as a site plan pursuant to Chapter 17.32, and the provisions therein shall be fully applicable to PUD approvals. Any approval of a PUD shall incorporate the findings required under SEQRA and shall be made in written form that includes each of the following:

1.

Identification of each use consistent with the use classifications of this chapter;

2.

The maximum scale, density, and intensity of use applicable to each such use;

3.

The manner in which the proposed PUD supports and is consistent with the statement of land use policies, principles, and goals in the comprehensive plan;

4.

The manner in which the site plan development proposed for the PUD is found to be suitable for that particular district;

5.

The manner in which the physical improvements will satisfy the site development standards applicable to the district in which the proposed use is located, and to the extent practicable will comply with the performance standards for such district;

6.

The particular elements of the site plan that are subject to planning board approval during site plan review;

7.

Any conditions which shall become restrictions for the approved PUD with the same force as if they were included in the regulations provided in Chapter 17.32;

8.

Any required dedication or reservation, which must include a determination that such dedication or reservation is related both in nature and extent to the impact of the proposed project; and

9.

Modifications of site development elements necessary to ensure that any physical improvements meet the performance standards established in Section 17.21.080, Performance Standards.

C.

Any denial of a PUD district must be in writing and must address the specific reasons for the denial.

D.

Performance standards procedure. An application for a site plan, special use permit, building permit or a certificate of occupancy for a use subject to performance standards procedures shall include a plan of the proposed construction and a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed under this section. The applicant shall also file with such plans and specifications an affidavit acknowledging his or her understanding of the applicable performance standards and stating his or her agreement to conform with same at all times. Upon the satisfactory filing of the required plans, specifications and affidavit, the code enforcement officer shall proceed to issue a building permit and/or certificate of occupancy in accordance with the procedures set forth in Section 17.64.020.

E.

Development Phasing Plan Required. For any commercial or institutional use that is proposed to be constructed in phases, the applicant shall submit a development phasing plan that specifies the chronology of development including required land use components, structures, public facilities, and infrastructure. The schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such state and overall chronology of development to be followed from stage to stage. Projects shall be phased so that supporting public facilities and infrastructure will be provided concurrent with their need and completed before occupancy of the structures.

F.

Timely Provision of Infrastructure and Public Services. The construction and provision of all common open space and public facilities that are shown on the development plan must proceed at the same rate or faster as the construction of the other infrastructure improvements.

G.

Substantial Public Benefit. Substantial public benefit shall mean the provision of public facilities that are both unusual in character and serve the needs of an area greater than the immediate development and contributes toward the town and regional jobs/housing balance as well as to address housing demands induced by development adjacent to and within the PUD. Development impact bonuses or credits may be allowed to offset impacts only if public facilities such as street improvements, substantial public transportation improvements, certain park and recreation facilities which currently do not exist or are limited in the town, sewer, water, or utilities are provided that are in excess of those required under the provisions of this code. The infrastructure elements shall be constructed at the time of the initial PUD development and shall meet the applicable town or county public improvement standards.

H.

Building Permit Required. In the event that the applicant does not request a building permit within one year of the town board approval pursuant to subsection 17.21.060(6), the approval granted pursuant to subsection 17.21.060(6) is automatically rescinded. If a permit is granted, it shall be subject to all of the terms of Section 17.21.080, Performance Standards.

I.

Expiration. A PUD approval shall be deemed to authorize only the particular uses specified in such approval and shall expire if substantial construction of the PUD is not commenced within two years from the date of the final signature of the plan maps. The planning board may, at its discretion, after conducting a public hearing, grant an extension to an approved PUD. The applicant shall submit a written request sixty (60) days prior to the date of expiration of the PUD approval, requesting an extension for a specified time and the reason, therefore. In granting the extension, the planning board may require revision of the previously approved PUD to comply with current regulations and conditions. The planning board shall render a decision, in writing, to the applicant and the other appropriate agencies within forty-five (45) days of closing the public hearing. The time within which the planning board must render its decision may be extended by mutual consent of the applicant and the planning board.

J.

Termination. Failure of an applicant or developer to comply with any conditions of approval for an approved planned unit development plan shall make the approval null and void.

K.

Abandonment or Failure to Proceed.

1.

If the applicant or owner of record chooses to abandon an approved preliminary planned unit development plan or an approved final planned unit development plan, he or she shall so notify the planning board in writing.

2.

If the applicant or owner of record fails to submit a final planned unit development plan to the planning board within one year of the approval date of the preliminary planned unit development plan; and has not applied for an extension to the above time limits from the planning board, the planning board shall revoke its approval of the preliminary plan and shall so notify the applicant or owner of record in writing. If within thirty (30) days of receipt of the notice of such revocation, the applicant or owner of record does not present to the planning board an application for reinstatement of the preliminary planned unit development plan, the planning board shall consider that the applicant or owner of record has abandoned the plan and said original petition or application shall be deemed null and void.

3.

Following any action to abandon the proposed PUD, whether it be through failure to proceed or through formal notice of abandonment by the applicants, owners of record or their successors, the town board shall take action to rescind their previous preliminary or final planned unit development plan approvals, and to invalidate any related agreements necessary to revert to underlying zoning district(s).

L.

Amendments. Minor changes to a development plan may be approved administratively, as provided in Section 17.32.170. Major changes shall include all modifications and quantities in conflict with the limitations and provisions as reflected in the minor amendment criteria set forth below. Upon initiation of the amendment as established by the original petition, all major amendments to the development shall be submitted to the town board for public hearing and recommendation to the planning board as required for the original application and approval. Provided further, all property owners within the prescribed notification area as set forth in the rules of the planning board shall be notified of said amendments and further the proposed amended plan shall only be approved by the planning board in a like manner as prescribed in Section 17.21.060.

1.

Minor Amendment Criteria. Amendments shall not be deemed as minor if the cumulative revisions to the most recent approved final planned unit development plan of record which was considered at a public hearing include:

a.

A change to the use and character of the development.

b.

The possible creation of obstacles, barriers and service problems to traffic circulation, fire protection, public safety, and public utility services due to the revision(s).

c.

A reduction by greater than five percent of the designated open space.

d.

An increase by greater than five percent in the approved number of residential dwelling units.

e.

Increase the floor area proposed for non-residential use by more than five percent.

M.

Variances. The board of zoning appeals is solely empowered to grant variances to the provisions of this section under conditions for variances set forth in Chapter 17.60.

(LL No. 1, 2021, § 1)

A.

No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes odor, noise, vibration, or excessive light under standards set forth in the performance criteria in this section.

B.

Any other performance standards of the town shall apply to the PUD in addition to these.

C.

Access and Traffic Impacts.

1.

Traffic and safety impacts to the existing and proposed roads shall be minimized.

2.

Access shall be provided to the extent feasible through an existing side street or a shared driveway or shared access; curb cuts shall be limited.

3.

At the discretion of the town board, pedestrian and vehicular traffic shall be separated; walkways shall be provided for access to adjacent properties and between businesses.

4.

At the discretion of the town board, a pedestrian and/or bicycle way shall connect various uses and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to residential, parking, transit, bicycling, industrial, recreation, and commercial.

5.

Walkways must conform to requirements of the American with Disabilities Act (ADA).

D.

Parking and Loading, and Shared Parking Requirements.

1.

Minimum number of spaces required for all development shall comply with the parking standards provided in Section 17.48.010.

2.

Parking spaces may be located either on or off the lot. Applicant must show proof of space, its location in relation to the dwelling unit or non-residential uses and indicate if the space is owned or leased.

3.

Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors.

4.

In no circumstances will cul-de-sacs be permitted pursuant to subsection 12.04.050(5) of this code.

5.

Where there is more than one category of use, then the number of spaces required shall be seventy (70) percent of the sum of required spaces for each category of use.

6.

The planning board may reduce the number of required parking spaces for the general business or professional office building/industrial portion of the building by fifty (50) percent.

7.

Off-street loading requirements are: small-scale light industrial uses require one bay per every twenty-five thousand (25,000) square feet of floor area; residential or general business, or professional office uses require one bay per every fifty thousand (50,000) square feet of floor area.

E.

Noise.

1.

Residential units shall be constructed so that interior noise levels do not exceed an Ldn of forty-five (45) dB in any habitable room.

2.

The maximum permissible sound pressure level of any continuous, regular, or frequent source of sound produced by any use or activity shall not exceed the following limits at the property line of the sound source:

Source pressure level limits measured in dB (A's)

3.

Sound pressure level shall be measured at all major lot lines, at a height of at least four feet above the ground surface. Noise shall be measured with a sound level meter meeting the standards of the American Standards Institute, ANSI SI.4-1961 "American Standard Specification for General Purpose Sound Level Meters." The instrument shall be set to the A-weighted response scale. Measurements shall be conducted in accordance with ANSI SI.2-1962 "American Standard Meter for the Physical Measurement of Sound."

4.

Sound levels specified shall not be exceeded for more than fifteen (15) minutes in any one day, except for temporary construction or maintenance work, agricultural activity, timber harvesting, traffic, church bells, emergency warning devices, parades, or other special circumstances.

5.

No person shall engage in or cause very loud construction activities on a site abutting residential use between the hours of 9:00 p.m. and 7:00 a.m.

6.

General business, professional offices, or small-scale light industrial uses shall be designed and operated, and hours of operation limited where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. No amplified music shall be audible to neighboring residents.

7.

Common walls between residential and non-residential uses shall be constructed to minimize the transmission of noise and vibration.

8.

Residential buildings to be constructed or rehabilitated shall be designed or retrofitted to filter out noise through construction employing, but not limited to: such techniques as applying soundproofing material between dwelling units laterally and vertically, and between different uses; employing staggered joists, and insulation.

F.

Vibration, Smoke, Heat, Glare, and Odor.

1.

Vibration shall not be discernible to any human's sense of feeling for three minutes in any one hour or a total of fifteen (15) minutes in any one day, or producing an acceleration of more than 0.1 G.

2.

Smoke shall not be visible beyond a shade darker than No. 1 on the Ringelmann Smoke Chart.

3.

Heat and glare shall not be discernible from the outside of any structure.

4.

Odor, dust, and fumes shall be effectively confined to the premises or so disposed as to avoid air pollution.

G.

Lighting.

1.

All outdoor lighting shall be designed in accordance with Section 17.36.240 and with the additional requirements set below so as not to adversely impact surrounding uses, while also providing a sufficient level of illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be of unusually high intensity of brightness.

2.

Parking areas shall be illuminated to provide appropriate visibility and security during hours of darkness.

3.

Any outdoor lighting fixture that is newly installed or replaced shall be shielded so that it does not produce a strong, direct light beyond the property boundaries, and shall be directed toward the object to be illuminated. Light shall be directed away from residences.

4.

Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. Lighting structures shall be integrated with the site and surrounding uses.

5.

An exterior lighting plan is required including the following items plus any additional information required by the planning board if needed to determine compliance with these provisions:

a.

A lighting plan showing existing and proposed exterior lighting, including building and ground lighting; locations, supports, mounting heights, and orientation of all lighting units.

b.

For all external lighting units, descriptions and diagrams of physical configuration and photometric data, such as those available from manufacturers, indicating fixtures, lamps, reflectors, and filters and showing the angle of light cut-off and light distribution patterns.

6.

All parking areas and pedestrian facilities serving non-residential uses and open to the general public shall be provided with illumination during all hours from dusk to dawn that those facilities are open to the general public. Such illumination shall provide not less than 0.2 average maintained horizontal foot-candles, and an illumination ratio (brightest/darkest) of not more than 4:1. However, the planning board may approve alternative arrangements if it determines that, because of special circumstances or alternative provisions, the specified illumination is not necessary or appropriate for the protection of the public safety.

7.

To avoid lighting impacts, outdoor lighting fixtures shall be mounted no higher than twenty (20) feet, directed inward to the greatest extent feasible, or otherwise oriented and shielded to avoid glare on adjoining premises and plantings or other screening used to block headlight glare from drives and parking lots onto adjacent properties or roadways.

8.

A lighting district shall be established at the direction of the town board for all new planned unit developments.

H.

Storage. All materials, supplies, and equipment shall be stored in accordance with state fire code, state property maintenance code, and the town zoning code. They shall be screened from view from public ways and abutting properties. Exterior storage of materials, goods, and equipment shall be screened entirely from view by a solid fence, or, alternatively, by solid vegetative plantings. Storage shall not exceed five percent of the total lot area and shall not occur within the front yard or side yard setbacks.

I.

Waste Disposal.

1.

Waste disposal shall follow state department of health regulations.

2.

Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties.

3.

Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site.

J.

Loading/Unloading. The town may require that operations, including loading and unloading shall be limited to weekdays between the hours of 7:00 a.m. and 9:00 p.m. only.

K.

Signs shall conform in accordance to Chapter 17.52.

L.

Landscaping Requirements.

1.

Landscaping plans should specifically address streetscape aesthetics, so that as development occurs, an attractive streetscape will be ensured along the main roads and large expanses of parking will be broken up and hidden from view at all times

2.

Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials.

3.

Parking area landscaping.

a.

Parking areas shall be screened from adjacent residential uses, streets, and walkways using trees and shrubs adapted to the region, of specimen quality conforming to the American Standard for Nursery Stock, American Standards Institute, Inc., 230 Southern Building, Washington, DC 20005, and shall be planted according to accepted horticultural standards. Berms may be used for screening along the street in conjunction with plant materials.

b.

The landscaped perimeter area shall be at least five feet wide.

c.

Landscaping shall be provided for interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic.

d.

The use of porous pavement and/or perforated brick or block shall be used to the extent feasible to increase on-site water retention for plant material, groundwater supplies, and to reduce problems associated with runoff.

4.

Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six months from the time of project completion.

M.

Maintenance of Landscaping and Screening.

1.

All landscaping and screening shall be maintained by the property owner.

2.

Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic.

3.

Shrubs or trees that die shall be replaced within one growing season.

4.

If the property owner fails to do so, the town reserves the right to maintain the landscaping and screening after notifying the owners, agents, renters, or lessees by certified mail at their last known address or at the subject property address, that it shall be removed or trimmed within five days of the notice by the code enforcement officer.

5.

The town shall assess the owners, agents, renters, or lessees for the cost of trimming or removal at a cost referenced in Chapter 8.06 of this code.

6.

If any property owner fails or refuses to pay when due any charge imposed under this section, the code enforcement officer may, in addition to taking other collection remedies, certify due and unpaid charges, including interest, to the town to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected as provided by town law.

N.

Appearance/Architectural/Site Design.

1.

Architectural design shall be compatible with the character and scale of building in the town through the use of appropriate building materials, screening, breaks in roof and wall lines and techniques.

2.

Variation in detail, form, and siting shall be used to provide visual interest and avoid monotony.

3.

Proposed buildings shall relate harmoniously to each other with adequate light, air circulation, and separation between buildings.

4.

Proposed buildings shall be compatible within the context of the PUD congruent with color, scale, and character of the existing natural and built environment.

5.

Existing buildings shall remain compatible with the historic character and scale of contiguous buildings within the PUD for the purposes of reconstruction or rehabilitation.

6.

Site development plans should address the pedestrian environment for residents, visitors, and employees, creating an outdoor environment where the open spaces work together to create meaningful public spaces and buildings walkability from one building to another.

7.

Designs which integrate and protect existing wetland areas into the landscape without disturbing them are encouraged through the use of trails, public access, or recreation areas. New construction design shall be in harmony with the existing district and surrounding character.

8.

Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the New York State Register of Historic Places shall be converted, constructed, reconstructed, restored, or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on the State or National Register of Historic Places.

(LL No. 1, 2021, § 1)