Single-family detached dwellings, not to exceed one dwelling on each lot.

Buildings, structures and uses owned or operated by the Town of Brighton for municipal use.

Family child-care homes.

A noncommercial swimming pool, subject to the requirements of Chapter 207, Supplementary Regulations, § 207-11.

A screen, garden or tea house, gazebo, tool storage shed or a cabana for a swimming pool, none of which shall exceed 250 square feet in area.

In a rear yard or in a side yard, provided that it shall be no less than five feet from the lot line, one private garage building not exceeding 600 square feet in area and limited to use of persons resident on the premises.

One building for private horticultural purposes not exceeding 336 square feet in area.

In a rear yard, but not within 10 feet of a lot line, the open storage of camping trailers, boats, boat trailers and utility trailers which do not exceed 24 feet in length and/or six feet in height, provided that the trailer or boat shall be screened from view with a fence or other suitable material to reduce the visual impact of this open storage on adjacent residences. Storage of camping trailers, recreational vehicles, self-contained motorized homes or boats longer than 24 feet and/or higher than six feet shall be within enclosed buildings or off the site. For purposes of this requirement, open storage shall begin 72 hours within any four-day period after the vehicle, boat or trailer is on site. Vehicles, boats or trailers in the driveway less than 72 hours are not considered to be in open storage.

In a rear or a side yard, an air-conditioning unit, provided that the following conditions are met: the noise level of the unit shall not exceed 78 decibels; the unit shall be screened with fencing or other suitable material so as to reduce the visible impact from adjacent property owners and from the road; and the unit shall be no closer than five feet to any lot line. If these conditions are met, the Building Inspector shall issue a building permit for the air-conditioning unit.

In the rear yard, a compost pile, provided that the owner of the property has taken reasonable precautions to reduce offensive odors, the compost pile is in compliance with the property maintenance regulations of the Town Code[1] and is suitably located and/or screened so as not to detract from the appearance of the neighborhood.

In a rear yard only, a stand-by electrical power generator, provided that the following conditions are met: the generator shall be located behind the house, shall not extend past the side of the house, and shall not be closer than 10 feet to any lot line; the generator shall be used only during electrical power outages and as required by the manufacturer for maintenance purposes; maintenance operation of the generator shall take place only during daylight hours; the generator shall only operate on LP or natural gas; documentation of the noise level of the generator per manufacturer’s specifications at seven meters (23 feet) from the unit shall be presented with the application for a building permit and shall not exceed 72 decibels.

Places of worship, including parish houses, convents, rectories or parsonages. In accordance with the purpose and intent of the RLL District, these uses shall be subject to the following special requirements in addition to all other applicable requirements set forth in these regulations:

Fire stations and ambulance services and public utility rights-of-way, as well as structures and other installations necessary to serve areas within the Town, subject to such conditions as the Planning Board may impose in order to promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.

Day-care centers operated as a subsidiary use to a place of worship.

Comfort care homes, subject to site plan approval and to the following special requirements in addition to all other applicable requirements set forth in these regulations:

Single-family detached dwellings, not to exceed one dwelling on each lot.

Buildings, structures and uses owned or operated by the Town of Brighton for municipal use.

Family child-care homes.

A noncommercial swimming pool, subject to the requirements of Chapter 207, Supplementary Regulations, § 207-11.

A screen, garden or tea house, gazebo, tool storage shed or a cabana for a swimming pool, none of which shall exceed 250 square feet in area.

In a rear yard or in a side yard, provided that it shall be no less than five feet from the lot line, one private garage building not exceeding 600 square feet in area and limited to use of persons resident on the premises.

One building for private horticultural purposes not exceeding 336 square feet in area.

In a rear yard, but not within 10 feet of a lot line, the open storage of camping trailers, boats, boat trailers and utility trailers which do not exceed 24 feet in length and/or six feet in height, provided that the trailer or boat shall be screened from view with a fence or other suitable material to reduce the visual impact of this open storage on adjacent residences. Storage of camping trailers, recreational vehicles, self-contained motorized homes or boats longer than 24 feet and/or higher than six feet shall be within enclosed buildings or off the site. For purposes of this requirement, open storage shall begin 72 hours within any four-day period after the vehicle, boat or trailer is on site. Vehicles, boats or trailers in the driveway less than 72 hours are not considered to be in open storage.

In a rear yard only, a standby electrical power generator, provided that the following conditions are met: the generator shall be located behind the principal building, shall not extend past the side of the principal building, and shall not be closer than 10 feet to any lot line; the generator shall be used only during electrical power outages and as required by the manufacturer for maintenance purposes; maintenance operation of the generator shall take place only during daylight hours; the generator shall only operate on LP or natural gas; documentation of the noise level of the generator per manufacturer's specifications at seven meters (23 feet) from the unit shall be presented with the application for a building permit and shall not exceed 72 decibels.

In a rear or a side yard, an air-conditioning unit, provided that the following conditions are met: the noise level of the unit shall not exceed 78 decibels per the manufacturer's specifications; it shall be screened with fencing or other suitable materials so as to reduce the visible impact from adjacent property owners and from the road; and the unit shall be no closer than five feet to any lot line. If these conditions are met, the Building Inspector shall issue a building permit for the air-conditioning unit.

In the rear yard, a compost pile, provided that the owner of the property has taken reasonable precautions to reduce offensive odors, the compost pile is in compliance with the property maintenance regulations of the Town Code and is suitably located and/or screened so as not to detract from the appearance of the neighborhood.

Places of worship, including parish houses, convents, rectories or parsonages, subject to the following special requirements in addition to all other applicable regulations set forth in these regulations:

Private, nonprofit, prekindergarten, kindergarten, elementary or secondary schools or colleges accredited by the New York State Department of Education, subject to the following special requirements in addition to all other applicable regulations set forth in these regulations:

Private golf courses operated by a nonprofit, membership corporations exclusively for members and guests, subject to the following special requirements in addition to all other applicable regulations set forth in these regulations:

Fire stations and ambulance services and public utility rights-of-way, as well as structures and other installations necessary to serve areas within the Town, subject to such conditions as the Planning Board may impose in order to promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.

Day-care centers.

Comfort care homes, subject to the following special requirements in addition to all other applicable requirements set forth in these regulations:

Single-family detached dwellings not to exceed one dwelling on each lot.

Family day-care homes.

Buildings, structures and uses owned or operated by the Town of Brighton for municipal use.

[1]Any accessory uses permitted in a Residential Low Density RLA District.

Any conditional use permitted in, and as regulated in, a Residential Low Density RLA District.

Single-family detached dwellings not to exceed one dwelling on each lot.

Family day-care homes.

Buildings, structures and uses owned or operated by the Town of Brighton for municipal use.

[1]Any accessory use permitted in a Residential RLB District.

Any conditional use permitted in, and regulated in, a Residential Low Density RLB District.

Nursing or convalescent homes, subject to the following special requirements:

Single-family detached dwellings not to exceed one dwelling on each lot.

Family child-care homes.

Buildings, structures and uses owned or operated by the Town of Brighton for municipal use.

[1]Any accessory use permitted in a Residential Low Density RLC District.

Any conditional use permitted in, and regulated in, a Residential Low Density RLC District, except for private golf courses, private clubs and similar recreational uses.

Any permitted use or accessory use listed in, and regulated in, the Residential Medium Density RM District, except that no office or studio as set forth in home occupations in the Residential Medium Density RM District shall be permitted in a multiple dwelling or multiple dwelling group.

Two-family dwellings.

Townhouses and garden apartments subject to the following requirements:

Any conditional use permitted in the Residential Medium Density RM District.

Uses permitted in Residential High Density RHD-2 District.

Any conditional uses permitted in the Residential High Density RHD-2 District.

High-rise apartments and garden apartments, subject to the following requirements:

Office buildings for business, professional and medical use, such as attorneys, accountants, architects, engineers, dentists and doctors, including all medical specialists, psychiatrists, psychologists, therapists, chiropractors, banks, insurance agents and real estate brokers.

Accessory uses shall be limited to the following: those uses which are substantially incidental to the primary office use, and not open to the general public, which support the daily operation of the primary office use, and limited to barbershops, beauty shops, cafeterias, pharmacies, newsstands, dry-cleaning pickup, travel agencies, quick-copy services and child-care facilities. The Planning Board shall determine if the proposed accessory use is appropriate considering the location, scale and internal access through the site plan review process. No external signage or advertising shall be permitted for any accessory use.

Nursing and convalescent homes and other facilities related to medical care.

Cultural facilities.

Public utilities structures and government buildings for any municipal use.

Day-care centers which are open to the general public.

Office buildings for business and professional use, such as attorneys, accountants, architects, engineers, insurance agents and real estate brokers. Medical offices are not permitted.

Cultural facilities.

Public utilities structures and government buildings for any municipal use.

Day-care centers that are open to the general public.

Business services.

Banks, with and without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall be subject to the standards in § 203-52.2B(7).

Automatic teller machines, as an accessory use to a permitted or conditionally permitted use, subject to the following standards:

Building design shall include residential elements as determined by the Planning Board to be necessary to provide compatibility with nearby residential areas.

Required greenspace should be designed to enhance the environmental and/or habitat benefits of the greenspace, protect residential areas, and enhance the visual appeal of the property. The Planning Board, in balancing these objectives, may require a portion of the required greenspace to be left in an undeveloped state. Where two or more principal buildings are proposed, either on one parcel or on adjacent parcels, the design of the combined required greenspace area should be considered.

Hours of operation. No use, except approved automatic teller machines, may operate or accept deliveries, nor may a truck or other machinery be operated on the premises of any use, earlier than 7:00 a.m. nor later than 10:00 p.m. on Sunday through Thursday nor earlier than 7:00 a.m. nor later than 11:00 p.m. on Friday and Saturday.

Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line along a residential district and shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be so loud as to interfere with the use and enjoyment of adjacent residential property.

Lighting. All lighting shall be designed to eliminate light overflow onto adjacent residential properties. Any signage, building or parking lighting not necessary for security purposes shall be placed on automatic timing devices which allow illumination to commence each day 1/2 hour before the business is open to the public and to terminate 1/2 hour after the close of business.

Government, business/professional and medical offices and offices for nonprofit organizations.

Residential apartments on the second or third floor above a permitted or conditionally permitted commercial use.

Banks, with and without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall be subject to the standards in § 203-54B(2).

Automatic teller machines, as an accessory use to a permitted or conditionally permitted use, subject to the following standards:

Nursing homes.

Day-care centers.

Public utilities and government buildings other than offices, excluding power plants and maintenance and storage facilities.

Cultural facilities.

Places of worship.

All new construction shall be designed to include such elements as may be determined necessary by the Planning Board and/or the Architectural Review Board to complement or enhance the residential character of the area. The primary reference to be used for new construction to be located on Monroe Avenue in such determination by Town boards shall be the Monroe Avenue Design Plan, Guidelines and Standards.

No alterations shall be made to any facade, nor shall additions or extensions be made to any side of such structure originally designed for residential use, unless the residential character of the whole shall be retained. The Planning Board and/or the Architectural Review Board shall determine the appropriateness of the design and materials used. For properties located on Monroe Avenue, the primary reference to be used in such determinations shall be the Monroe Avenue Design Plan, Guidelines and Standards.

All new or expanded conditional uses shall be appropriately screened, buffered and landscaped in accordance with Chapter 207, Article V and Appendix Part 1 of these regulations.

Alterations to landscaping and streetscape amenities for all properties along Monroe Avenue shall be consistent with the goals of the Monroe Avenue Design Plan, Guidelines and Standards.

Hours of operation. No use, except approved automatic teller machines, may operate or accept deliveries, nor may a truck or other machinery be operated on the premises of any use, earlier than 7:00 a.m. nor later than 10:00 p.m. on Sunday through Thursday nor earlier than 7:00 a.m. nor later than 11:00 p.m. on Friday and Saturday.

Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line along a residential district and shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and employment of adjacent residential property.

Lighting. All lighting shall be designed to eliminate light overflow onto adjacent residential properties. Any signage, building or parking lighting not necessary for security purposes shall be placed on automatic timing devices which allow illumination to commence each day 1/2 hour before the business is open to the public and to terminate 1/2 hour after the close of business.

Government, business/professional and medical offices and offices for nonprofit organizations.

Residential apartments on the second or third floor above a permitted or conditionally permitted commercial use.

Consumer service and business service establishments.

Art, craft and similar instruction and/or display studios which do not require the use of music (e.g., a dance studio).

Retail sales, such as sales of shoes, clothing, home furnishings, antiques, small appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers; but excluding vehicle sales and sales of food products.

Banks, with or without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall also be subject to the standards in § 203-62.3B(2).

Automatic teller machines, as an accessory use to a permitted or conditionally permitted use, subject to the following standards:

Dry-cleaning dropoff.

Day-care centers.

Public utilities and government buildings other than offices, excluding power plants and maintenance and storage facilities.

Cultural facilities.

Places of worship.

Fitness facilities, martial arts studios, dance studios and music studios, provided that their operation, location in the building and/or their construction (e.g., sealed windows) is such that noise is prevented from intruding on adjacent residential properties.

All new construction shall be designed to include such elements as may be determined necessary by the Planning Board and/or the Architectural Review Board to complement or enhance the residential character of the area.

No alterations shall be made to any facade nor shall additions or extensions be made to any side of such structure originally designed for residential use, unless the residential character of the whole shall be retained. The Planning Board and/or the Architectural Review Board shall determine the appropriateness of the design and materials used, referring to any architectural guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5.

All new or expanded conditional uses shall be appropriately screened, buffered and landscaped in accordance with Chapter 207, Article V, and Appendix Part 1 of these regulations. Screening for new or expanded conditional uses shall include a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.

All new or expanded permitted uses shall be screened with a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.

Maximum first-floor area. Maximum first-floor area of buildings per lot, excluding parking and accessory structures, shall be 2,500 square feet.

Maximum floor area. Maximum floor area of buildings per lot, excluding parking and accessory structures, shall be 3,500 square feet.

Hours of operation. No use, except approved automatic teller machines, may operate or accept deliveries nor may a truck or other machinery be operated on the premises of any use, earlier than 7:00 a.m. nor later than 10:00 p.m. Sunday through Thursday nor earlier than 7:00 a.m. nor later than 11:00 p.m. on Friday and Saturday.

Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line adjoining a residential district or any place of worship and shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties, adjacent rights-of-way or adjacent places of worship. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and enjoyment of adjacent residential property or adjacent places of worship. All new or expanded permitted and conditional uses are also prohibited from creating any unreasonably loud, disturbing and unnecessary noise as described in Chapter 102, § 102-3, of the Town Code.

Lighting. All lighting shall be designed to eliminate light overflow onto adjacent residential properties or adjacent places of worship. Any signage, building or parking lighting not necessary for security purposes shall be placed on automatic timing devices which allow illumination to commence each day 1/2 hour before the business is open to the public and to terminate 1/2 hour after the close of business.

Government, business/professional and medical offices and offices for nonprofit organizations.

Residential apartments on the second or third floor above a permitted or conditionally permitted commercial use.

Consumer service and business service establishments.

Art, craft and similar instruction and/or display studios which do not require the use of music (e.g., a dance studio).

Retail sales of non-food items, such as sales of shoes, clothing, home furnishings, antiques, small appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers; but excluding vehicle sales.

Retail sales as permitted in Subsection A(5) above, that include, as a minor, ancillary component, the sale of prepackaged food items prepared off-site for consumption off of the premises.

Banks, with or without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall also be subject to the standards in § 203-64B(2).

Automatic teller machines, as an accessory use to a permitted or conditionally permitted use, subject to the following standards:

Full-service restaurants and buffet-style restaurants, provided that there is no live entertainment on the premises, subject to the following conditions:

Outdoor dining facilities as accessory uses to restaurants, subject to the following conditions:

Specialty food stores, excluding fish markets and butchers, and otherwise permitted retail uses involving food sales, subject to the following conditions:

Self-serve laundries or dry-cleaning dropoff.

Nursing homes and day-care centers.

Public utilities and government buildings other than offices, excluding power plants and maintenance and storage facilities.

Cultural facilities.

Places of worship.

Mortuaries and funeral homes, excluding crematoria.

Fitness facilities, martial arts studios, dance studios and music studios, provided that their operation, location in the building and/or their construction (e.g., sealed windows) is such that noise is prevented from intruding on adjacent residential properties.

All new construction shall be designed to include such elements as may be determined necessary by the Planning Board and/or the Architectural Review Board to complement or enhance the residential character of the area.

No alterations shall be made to any facade nor shall additions or extensions be made to any side of such structure originally designed for residential use, unless the residential character of the whole shall be retained. The Planning Board and/or the Architectural Review Board shall determine the appropriateness of the design and materials used, referring to any architectural guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5.

All new or expanded conditional uses shall be appropriately screened, buffered and landscaped in accordance with Chapter 207, Article V, and Appendix Part 1 of these regulations and any streetscape design guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5. Screening for new or expanded conditional uses shall include a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.

All new or expanded permitted uses shall be screened with a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.

Maximum first-floor area. Maximum first-floor area of buildings per lot, excluding parking and accessory structures, shall be 3,500 square feet.

Maximum floor area. Maximum floor area of buildings per lot, excluding parking and accessory structures, shall be 7,000 square feet.

Hours of operation.

Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line adjoining a residential district and shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and enjoyment of adjacent residential property. All new or expanded permitted and conditional uses are also prohibited from creating any unreasonably loud, disturbing and unnecessary noise as described in Chapter 102, § 102-3, of the Town Code.

Lighting. All lighting shall be designed to eliminate light overflow onto adjacent residential properties. Any signage, building or parking lighting not necessary for security purposes shall be placed on automatic timing devices which allow illumination to commence each day 1/2 hour before the business is open to the public and to terminate 1/2 hour after the close of business.

Government, business/professional and medical offices and offices for nonprofit organizations.

Residential apartments on the second or third floor above a permitted or conditionally permitted commercial use.

Consumer service, business service and repair service establishments.

Art, craft, dance, music, martial arts and similar instruction and/or display studios and fitness facilities, provided that, in the opinion of the Building Inspector, their operation, location in the building and/or their construction (e.g., sealed windows) is such that noise is prevented from intruding on adjacent residential properties.

Self-serve laundries or dry-cleaning dropoff.

Retail sales of non-food items, such as sales of shoes, clothing, home furnishings, antiques, small appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers; but excluding vehicle sales.

Retail sales as permitted in Subsection A(6) above, that include, as a minor, ancillary component, the sale of prepackaged food items prepared off-site for consumption off of the premises.

Banks, with or without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall also be subject to the standards in § 203-74B(2).

Automatic teller machines, as a principal use or an accessory use to a permitted or conditionally permitted use, subject to the following standards.

Restaurants, provided that there is no live entertainment on the premises, subject to the following conditions:

Outdoor dining facilities as accessory uses to restaurants, subject to the following conditions:

Specialty food stores, convenience stores/neighborhood grocery stores and otherwise permitted or conditionally permitted retail uses involving food sales, subject to the following conditions:

Nursing homes and day-care centers.

Public utilities and government buildings other than offices, excluding power plants and maintenance and storage facilities.

Cultural facilities.

Places of worship.

Mortuaries and funeral homes, excluding crematoria.

Neighborhood convenience centers subject to other requirements of these regulations and the following special requirements:

Individual uses which are permitted or conditionally permitted which occupy 10,000 square feet or more of floor area, subject to other requirements of these regulations and the following special requirement: The applicant shall demonstrate, through the use of reports and data acceptable to the Town, that the use will not result in an adverse change in traffic levels on any streets within the Town and that the use will not result in an unacceptable increase in traffic or on-street parking on any residential streets within the Town. Determination of the level of increase of traffic or parking that constitutes an adverse change or unacceptable increase shall be made by the Planning Board.

Drive-through facilities as accessory uses to permitted or conditionally permitted uses, subject to the requirements of § 207-14.3, Drive-through standards.

All new or expanded conditional uses shall be appropriately screened, buffered and landscaped in accordance with Chapter 207, Article V, and Appendix Part 1 of these regulations and any streetscape design guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5. Screening for new or expanded conditional uses shall include a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.

All new or expanded permitted uses shall be screened with a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.

Hours of operation. No use, except approved automatic teller machines, may operate or accept deliveries nor may a truck or other machinery be operated on the premises of any use earlier than 6:00 a.m. nor later than 12:00 midnight, except that:

Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line adjoining a residential district and shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and enjoyment of adjacent residential property. All new or expanded permitted and conditional uses are also prohibited from creating any unreasonably loud, disturbing and unnecessary noise as described in Chapter 102, § 102-3, of the Town Code.

Lighting. All lighting shall be designed to eliminate light overflow onto adjacent residential properties. Any signage, building or parking lighting not necessary for security purposes shall be placed on automatic timing devices which allow illumination to commence each day 1/2 hour before the business is open to the public and to terminate 1/2 hour after the close of business.

Government, business/professional and medical offices and offices for nonprofit organizations.

Consumer service, business service and repair service establishments.

Art, craft, dance, music, martial arts and similar instruction and/or display studios and fitness facilities.

Self-service laundries or dry-cleaning dropoff.

Retail sales of non-food items, such as sales of shoes, clothing, home furnishings, antiques, small appliances, computers and electronic equipment, hardware, paint and wallpaper, sport/hobby equipment, books, luggage, cards and gifts, jewelry, liquor, drugs, fabrics and flowers; but excluding vehicle sales.

Retail sales as permitted in Subsection A(5) above, that include, as a minor, ancillary component, the sale of prepackaged food items prepared off-site for consumption off of the premises.

Banks, with or without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall also be subject to the standards in § 203-84B(2)

Automatic teller machines, as a principal use or an accessory use to a permitted or conditionally permitted use, subject to the following standards:

Restaurants, with or without live entertainment, subject to the following conditions:

Outdoor dining facilities as accessory uses to restaurants, subject to the following standards:

Specialty food stores, convenience stores/neighborhood grocery stores, supermarkets and otherwise permitted or conditionally permitted retail uses involving food sales, subject to the following conditions:

Neighborhood dry-cleaning facilities, subject to the following provisions:

Nursing homes and day-care centers.

Public utilities and government buildings other than offices, excluding power plants and maintenance and storage facilities.

Cultural facilities.

Places of worship.

Mortuaries and funeral homes, excluding crematoria.

Animal hospitals and kennels, subject to the following special requirements: No building or kennel exercise pen shall be nearer than 100 feet to any residence or residential district boundary.

Commercial recreational facilities within a fully enclosed building, including but not limited to fraternal lodges, bowling alleys and theaters.

Drive-through facilities as accessory uses to permitted or conditionally permitted uses, subject to the requirements of § 207-14.3, Drive-through standards, and any other requirements that may be imposed by the Planning Board.

Small engine sales.

General equipment rental.

Neighborhood convenience centers, community shopping centers, single retail uses, such as department stores, big box retailers and building supply stores, and other permitted or conditionally permitted uses which occupy more than 20,000 square feet of floor area, subject to other requirements of these regulations and the following special requirements:

New automobile sales establishments with accessory facilities, subject to the following special requirements:

Motels, motor inns and hotels, subject to the following special requirements:

Outdoor storage or display. Outdoor storage or display of goods, merchandise or equipment by a permitted or conditionally permitted use other than new automobile sales, subject to the following requirements:

All new or expanded conditional uses shall be appropriately screened, buffered and landscaped in accordance with Chapter 207, Article V, and Appendix Part 1 of these regulations and any streetscape design guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5. Screening for new or expanded conditional uses shall include a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.

All new or expanded permitted uses shall be screened with a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.

Hours of operation. No use, except approved automatic teller machines, may operate or accept deliveries, nor may a truck or other machinery be operated on the premises of any use, earlier than 6:00 a.m. nor later than 12:00 midnight, except that:

Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line adjoining a residential district and shall be screened as necessary, in the opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and enjoyment of adjacent residential property. All new or expanded permitted and conditional uses are also prohibited from creating any unreasonably loud, disturbing and unnecessary noise as described in Chapter 102, § 102-3, of the Town Code.

Lighting. All lighting shall be designed to eliminate light overflow onto adjacent residential properties. Any signage, building or parking lighting not necessary for security purposes shall be placed on automatic timing devices which allow illumination to commence each day 1/2 hour before the business is open to the public and to terminate 1/2 hour after the close of business.

Business, professional and governmental offices.

Office buildings for business, professional and medical use, such as attorneys, accountants, architects, engineers, dentists and doctors, including all medical specialists, psychiatrists, psychologists, therapists and chiropractors, banks, insurance agents and real estate brokers.

Manufacturing, processing and assembly activities, provided that such activities are so designed, constructed and enclosed that there will be no observable external evidences thereof other than loading and unloading functions which shall be fully screened from all adjacent residential areas, provided that such uses are subject to the performance standards for this district.

Research, design and development laboratories, subject to the performance standards in the TOP District.

Public utility structures.

Wholesale storage and warehousing, provided that such uses shall be operated in fully enclosed structures or within an area enclosed by a poled wall or fence.

Lumber and building equipment sales, storage and service, provided that such uses shall be operated in fully enclosed structures or within an area enclosed by a solid wall or fence.

Truck terminals, provided that such uses shall be operated fully within enclosed structures or within an area enclosed by solid wall or fence.

Wholesale and retail nurseries, including the sale of related allied products.

Gasoline or filling stations, subject to the following special requirements:

Child and adult day-care centers, provided that the Planning Board has made findings that such centers are compatible with the surrounding existing uses and known proposed development and that the centers shall be suitably screened by landscaping and buffering from adjacent uses and that the location of these centers are consistent with health, safety and welfare of the occupants of these centers and that issues such as traffic, noise, and other adverse impacts have been properly mitigated.

Construction and building contractors.

Clinics, cafeterias and recreational facilities for the exclusive use of employees of the principal use. Any recreational facilities that are exterior to buildings shall be used only between the time of sunrise and sunset and shall not be lighted. No such exterior recreational facility shall be closer than 100 feet to any boundary of any residential district.

Garages, pump houses, water towers, storage tanks for other liquid materials and fire protection monitors.

Fully enclosed warehouse and storage facilities.

Gas pumps associated with truck terminals, provided that they are for the exclusive use of the truck terminal and not for sale to the general public.

Any outdoor storage of equipment and/or material must be in the rear yard and fully enclosed by a fence of sufficient height to shield the storage area from view from the street or adjacent uses. No outdoor storage shall be allowed in any setback or landscaped areas. All equipment which is designed to lift, dump or tow, must be reduced to the lowest possible elevation, if they are stored outdoors overnight. No outside storage shall be allowed adjacent to residential districts.

(Reserved)[1]

Residences.

Any use which creates any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetic or other disturbances; glare; liquid or solid refuse or waste; or any other substance, condition or element, in such manner or in such amount as to, in the opinion of the Planning Board, adversely affect the use of the surrounding area or adjoining premises.

Planning Board action. All uses subject to the requirements of this section may be established and maintained if their operation is approved by the Planning Board as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Planning Board shall decide whether the proposed use will conform to these applicable performance standards or any additional performance standards required by state or federal laws or which are generally recognized performance standards for a given industry.

Uses subject to the performance standards procedure. Only manufacturing and research, experimental and testing laboratory uses and uses accessory thereto shall be subject to the performance standards procedure in obtaining a building permit. However, if the Building Inspector has reasonable grounds to believe that any other proposed use violates any of the performance standards and reports accordingly to the Planning Board, then the applicant shall comply with the performance standards procedure.

Enforcement provisions applicable to other uses. Initial and continued compliance with the performance standards is required of every use, including those already existing on the effective date of these regulations. Provisions for enforcement of continued compliance with performance standards shall be invoked by the Building Inspector against any uses if there is reasonable grounds to believe that the performance standards are being violated by such use.

An application for a building permit or certificate of occupancy for a use subject to the performance standards procedure 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. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform to same at all times. No applicant will be required to reveal any secret processes, and any information which may be designated by the applicant as a trade secret and submitted herewith will be treated as confidential. During the course of site plan review, the Planning Board will determine if the applicant's proposal falls within the performance standards.

Expert consultants.

Fire and explosive hazards. All activities involving, and all storage of, flammable and explosive materials shall be protected at all times with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in industry. Burning of waste materials in open fires is prohibited at any time. The relevant provisions of state and local laws and regulations shall also apply.

Vibration.

Noise.

Smoke. The density emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the standard Ringlemann Chart. (A Ringlemann Chart is a chart published by the United States Bureau of Mines, which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke.) These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparent equivalent capacity.

Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, in Table III, Odor Thresholds, in Chapter 5, the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.

Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed one-tenth (0.1) the maximum allowable concentration set forth in Section 12-29 of the Industrial Code Rule No. 12, relating to the control of air contaminants, adopted by the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.

Electromagnetic radiation. It shall be unlawful to operate, or cause to be operated, any planned or intentional source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that, for all governmental communications facilities, governmental agencies and government-owned plants, the regulations regarding such sources of electromagnetic radiation of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulation shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices, as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in interpretation of the standards and principles shall apply: American Institute of Electrical Engineers; Institute of Radio Engineers; and Electronic Industries Association.

Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.

Heat. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of five degrees Fahrenheit, whether such change is in the air or on the ground, in a natural stream or lake or in any structure on such adjacent property.

Glare.

Liquid or solid waste. No discharge shall be permitted at any point into a public sewer or stream or into the ground except in accord with standards approved by the State and County Departments of Health, Monroe County Pure Waters Agency and local ordinances, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.

Lawn care and maintenance.

Gardening activities.

Tree and shrub care and maintenance.

Removal of dead or deteriorating vegetation.

Removal of structures.

Repair and maintenance of structures.

Repair and maintenance of faulty or deteriorating sewage facilities or utility lines.

Reconstruction of structures damaged by a natural disaster, provided that the new construction is of the same size and use.

Customary agricultural activities, except for new or expanded structures.

Public health activities, orders and regulations of the New York State Department of Health, Monroe County Department of Health or other health-related agency.

Activities subject to the review jurisdiction of the New York State Public Service Commission or the New York State Board on Electric Generation Siting and the Environment, under the provisions of Article 7 or 8 of the New York Public Service Law.

Any actual or ongoing emergency activity which is immediately necessary for the protection and preservation of life, property or natural resource values.

Emergency activities are defined as those which are necessary for the preservation of life, health, property or natural resource values; and are undertaken under such circumstances as to make it impossible or impractical to obtain a permit. All emergency activities shall be done in a manner which results in the minimum disturbance necessary for such preservation.

The disturbance(s) caused by the emergency activities are to be mitigated by the applicant to the satisfaction of the Planning Board. The mitigation measures are subject to all of the requirements of Article XIV hereof, including but not limited to the requirements of the permit process.

The applicant or his/her agent shall notify the Commissioner of Public Works, by telephone, within 24 hours of the commencement of emergency activities. Within five business days after commencement of such emergency activities, the applicant or his/her agent shall submit an application for the mitigation measures, conforming to the requirements of this article; evidence that the applicant or his/her agent has notified all property owners whose lands will be crossed or used in the activities; and a narrative which establishes, to the satisfaction of the Planning Board or authorized official having jurisdiction over the matter, that the activity(ies) performed was in fact an emergency activity, as defined above.

The application for the mitigation measures shall then be reviewed and approved, approved with conditions or disapproved by the Planning Board, pursuant to this article.

For projects requiring site plan approval according to Chapter 217, Article III, of these regulations or Planning Board subdivision approval in accordance with the Subdivision Regulations under Chapter 213 of these regulations, the authorized official shall refer a completed permit application to the Planning Board for a public hearing in accordance with the provisions of these regulations. The authorized official may refer all applications to other appropriate boards and agencies for their review and recommendations. Such boards or agencies shall have 30 days from the date of their receipt of a completed application in which to review such application and report their recommendations to the Planning Board or authorized official. Should such boards and agencies fail to report their recommendations within the thirty-day time period, then the authorized official or Planning Board may take action on the permit application without such report. Wherever possible, public hearings for EPOD permits will be simultaneously scheduled with public hearings required under site plan review, subdivision review or any SEQR-related actions for the same site.

When an EPOD development permit application proposes any development activity or site improvements within areas identified in the Town's Official Open Space Index or in the Woodlot Protection District, then the application shall be referred to the Conservation Board and may, upon the request of the Planning Board, be referred to the Tree Council for review and recommendation regarding the following:

The authorized official or the Planning Board shall have the authority to grant or deny an EPOD development permit, subject to the standards, criteria and other regulations contained in these regulations.

Any development permit issued by the authorized official or the Planning Board in accordance with the provisions of this article may be issued with conditions. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of environmentally sensitive areas and to ensure compliance with the purpose and intent and the specific provisions of this article. Every permit issued pursuant to this article shall contain the following conditions:

Following approval of an application for an EPOD development permit, and prior to the issuance of any building or other Town permit, the applicant shall furnish the Town with an irrevocable letter of credit or certified check in an amount to be reviewed by the Town Engineer, and sufficient to cover the costs of compliance, contingencies and inspection of the various specifications and conditions of the development permit. The purpose of the letter of credit or certified check shall be to ensure that all items, activities or structures specified in the plans approved by the authorized official or the Planning Board are constructed or carried out in accordance with such plans and specifications and other appropriate requirements of the Town of Brighton.

The irrevocable letter of credit or certified check shall continue in full force and effect until such time as the authorized official has certified that, based on a site inspection, all specifications, requirements and permit conditions have been completed and/or complied with, whereupon the letter of credit or certified check shall be released to the applicant. The authorized official, upon recommendation of the Town Engineer or other appropriate department or official, may deduct or withhold an amount from the letter of credit or certified check sufficient to cover the cost of noncompliance with any requirements, specification or permit condition and/or release the Town from any liability resulting from such noncompliance.

The stable angle of repose of the soil classes found on the site shall be used to determine the proper placement of structures and other development-related facilities within the plateau area. Site-specific calculations of the stable angle of repose for the site shall be determined by a professional soil scientist or engineer using the soil classes and nomenclature contained in the Soil Survey of Monroe County and obtained for the site by borings, as well as high-intensity soil survey data provided by the applicant.

The stability of soils will be maintained or increased to adequately support any construction thereon or to support any landscaping, agricultural or similar activities. This shall be documented by soil bearing data provided by a qualified testing laboratory or engineer and paid for by the developer.

No proposed activity will cause erosion or slipping of soil or cause sediment to be discharged into any stream or tributary, or the wetlands or tributaries of Irondequoit Bay.

Plant life located on the slopes outside of the minimum area that need to be disturbed for carrying on approved activities shall not be destroyed. Plants or other acceptable ground cover shall be reestablished in disturbed areas immediately upon completion of development activity so as to prevent any of the harmful effects set forth above to maintain the natural scenic characteristics of any steep slope.

Access down steep slopes shall be provided with ramp slopes no greater than 1:6 and side slopes no greater than 1:3 if not terraced or otherwise structurally stabilized. Disturbed nonroadway areas shall be stabilized and adequately drained;

There is no reasonable alternative for the proposed regulated activity on that portion of the site not containing steep slopes.

Construction of erosion protection structures shall be permitted according to the following standards:

Drainage of stormwater shall not cause erosion or siltation, contribute to slope failures, pollute groundwater or cause damage to, or flooding of, property. Drainage systems shall be designed and located to ensure slope stability.

Any grading, excavating or other soil disturbance conducted on a steep slope shall not direct surface water runoff over the receding edge during construction.

Removal of existing mature trees from steep slope areas will only be permitted where absolutely necessary to allow the subject construction. All trees larger than three inches in diameter and any trees to be removed shall be shown on the site plan.

Soil stability.

Velocity of surface water runoff.

Existing drainage systems.

Natural characteristics of a watercourse.

Trees that are significant because of their size, numbers, location or species.

Preservation of significant wildlife habitats.

A survey of all trees to be removed on the site over five inches in diameter identified by species, condition and worthiness for preservation.

A pre-, during- and post-protection plan for trees to be saved or moved.

A landscape plan as required in Chapter 207, Article V, of these regulations, which specifically includes woodlot and tree protection.

An integrated site plan which includes the woodlot protection plan, the landscape plan and any additional development on the site, including all new or expanded structures, utilities, access roads, grading or other activities, which may adversely affect the woodlot.

All disturbed areas shall be protected from erosion either by mulch or temporary seeding within two weeks of disturbance.

Erosion and siltation controls shall be consistent with the New York Guidelines for Urban Erosion and Sediment Control (most recent edition).

All trees to be saved shall be protected with orange construction fencing placed at the drip line or, at the discretion of the Planning Board, at a distance greater than the drip line.

All trees to be saved shall be pruned, watered and fertilized prior to, during and after construction.

Vehicles, materials and equipment storage shall not be allowed in areas fenced to protect trees.

Maintenance of landscape plantings in woodlots shall be guaranteed for three years.

In planning development sites, applicant shall preserve as many trees and as much mature vegetation as possible, including but not limited to the preservation of trees and mature landscaping to screen or obscure from view the proposed development. Use of clustering of buildings to avoid mature wooded areas shall be encouraged wherever practical, as well as the planting of replacement vegetation to mitigate the unavoidable uses of woodlots.

Water quality.

Watercourse flood-carrying capacities.

Rate of sedimentation.

Rate/velocity of groundwater runoff.

Natural characteristics of the watercourse or floodplain.

The proposed activity provides adequate measures to prevent disruption and pollution of fish and wildlife habitats and freshwater wetlands, stormwater runoff, septic and sewage systems and any other activity on the site.

A natural vegetative buffer of 100 feet from each bank shall be retained adjacent to the watercourses to absorb floodwaters, to trap sediments, to protect adjacent fish and wildlife habitats and to protect scenic qualities.

Site preparation, including stripping of vegetative cover or grading, shall be undertaken so that the amount of time that disturbed ground surfaces are exposed to the energy of rainfall and runoff water is limited. Disturbed soils shall be stabilized and revegetated before construction can begin. During the interim, erosion protection measures, including but not limited to vegetation, retention ponds, recharge basins, berming, silt traps and mulching, shall be used to ensure that sedimentation is minimized and mitigated.

The project shall provide adequate measures to protect surface and ground waters from direct or indirect pollution and from overuse.

Fill shall not encroach on natural watercourses, constructed channels or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement.

Roads, trails and walking paths along water bodies shall be sited and constructed so they are not a source of runoff and sedimentation. Such roads, trails and walking paths shall be constructed and sited in such a manner as to maximize the visual opportunities of a water body while maintaining the scenic qualities of the water body.

No new dock, boat launching site or fishing access and parking area shall be constructed unless it is shown that it will not impede the natural flow of the streams to which this section applies and will be located and constructed so as to minimize its intrusion into the streams and avoid adverse environmental impact and unreasonable impacts upon public use of the waters.

New structures, except for fences, bridges and fishing access parking areas, shall not be constructed within 25 feet of the bank of the stream.

New structures shall be designed and constructed in accordance with erosion control standards and stormwater control standards contained in the Best Management Practices for Stormwater Runoff Management and Stormwater Management Guidelines for New Development, as found in Chapter 6 of the New York State Department of Environmental Conservation's Stream Corridor Management Manual.

The Monroe County Department of Health is involved in the review of realty subdivision, on-site sewage disposal installation, water main extensions and sanitary sewer extensions. The County Health Department also assists with inventorying and reviewing information on waste sites, developing municipal reports on waste sites, reviewing information and reports on hazardous waste sites and reviewing comments on proposed developments near waste sites. County Health Department approval can be withheld until the waste site concerns have been adequately addressed.

Preliminary reviews of many developments (under the authority of the New York State General Municipal Law §§ 239-l 239-m, and 239-n are performed by the Monroe County Planning Department's Development Review Committee. Waste sites which may impact the proposed development are also identified during this review process, resulting in a recommendation to the developer and municipality that an evaluation of the impact of a waste site be conducted.

Waste disposal sites have the potential to pose a hazard to human health and the environment. Therefore, consideration of a nearby waste site's potential effect upon future residents or users of a proposed development is within the purview of the State Environmental Quality Review Act (SEQR).[1]

Potential adverse effects from waste disposal sites can include the following:

The Monroe County Environmental Management Council and the Monroe County Department of Health have developed a waste disposal site evaluation form (WDSEF), on file with the Monroe County Environmental Management Council, to help applicants gather relevant information when development projects involve a waste site. The form also indicates the type of impacts that should be evaluated after the information is obtained. In addition, these two agencies have developed a property inspection form to aid in on-site investigations.

The Monroe County Department of Health has designated two cases requiring evaluation of a waste site and completion of a WDSEF:

Construction disturbance as referred to in this section is defined as construction of utility lines, a drinking water well and/or excavations for basements or footers or significant cutting (greater than two feet) to regrade a parcel.

The instructions for a WDSEF recommend that the applicant contact MCEMC prior to completing the form. This will enable the developer to review the project in relation to the waste site and obtain information on the waste site. The extent of site investigation will depend on the nature of the waste site, the amount of data already available and the nature of the proposed development.

The applicant completes and submits the WDSEF, property inspection form and site plans to the Town. The Town submits the information to the MCDOH.

The MCDOH reviews the information and determines completeness. The applicant and the Town will be provided a written statement of deficiencies if the requested information is incomplete. Upon receipt of a complete application, a review is initiated and a written response is made to the applicant with copies to the Town and other involved agencies. The correspondence will specify conditions for inclusion in any SEQR determination of significance and/or project approval.

For universities and colleges, sufficient parking shall be provided to accommodate the usual needs of the faculty, staff and student body, without requiring such persons to park anywhere outside of the district. Sufficient loading facilities shall be provided to accommodate the normal activities of uses within the district without impeding traffic flows on any street.

For medical and health-care facilities, sufficient parking and loading facilities shall be provided to accommodate the normal activities and uses within the district.

The institution's name and address and its interest in the subject property.

The legal description of the subject property.

A written statement setting forth the current activities of the institution, its goals and objectives and its plans for future growth and development.

A written statement setting forth the applicant's proposals, if any, with respect to the specific items to be included in the Planning Board's recommendations pursuant to Subsection D of this section and justifying such proposals in terms of the capability of the area to accommodate growth at the proposed intensity.

A site plan, suitable for recording, drawn to a scale not less than 100 feet to the inch, depicting all existing and currently proposed development of the subject property and including the following:

Within 45 days following the conclusion of the informational meeting or such longer period of time as may be agreed to by the applicant, the Planning Board shall, with such aid and advice of the various departments of the Town as may be appropriate, transmit its recommendations to the Town Board in the form specified, concerning whether or not the subject property should be classified as an IPD District, and if the recommendation is affirmative, the recommendations shall include:

The failure of the Planning Board to act within 45 days following the conclusion of the optional informational meeting or such longer period as may be agreed to by the applicant shall be deemed a recommendation that the IPD District be established as proposed, including currently planned development without further limitation, and that incremental development be permitted at a floor area ratio not greater than the current mean floor area ratio of existing and proposed principal buildings as shown on the current plan but without further limitation.

Departs by more than 5% from the maximum density or ground cover approved in the current plan.

Changes by more than 5% the floor area to be devoted to any use.

Decreases by more than 5% the area approved for public and private open space or changes the general location of such areas.

Relocates approved circulation elements to any extent that would decrease their function or capacity, adversely affect their relation to surrounding lands and circulation elements or reduce their effectiveness as buffers or amenities.

Significantly alters the arrangement of land uses.

Violates any provision of the codes and ordinances applicable to the proposed planned development.

Departs from the approved current plan in any other manner which the Building Inspector shall, based on stated findings and conclusions, find to materially alter the concept of the plan as approved.

Single-family attached and single-family detached dwellings.

Recreational facilities, such as open or enclosed tennis courts, exercise facilities, picnic areas and gazebos or swimming pools as further regulated in Chapter 207, Articles I and II, of these regulations.

Structures for horticultural use.

Structures or fully screened storage yards housing maintenance shops, garages and offices used solely for the maintenance and management of the planned residential development.

Solar energy and wind energy collection devices.

(Reserved)[1]

Qualifications. To qualify for review of application for a conditional use permit and site plan approval, the applicant shall submit to the Planning Board evidence that the proposal meets the following qualifying standards. If, in the opinion of the Planning Board, the proposal meets these qualifying standards, the Board shall inform the applicant that the application may proceed. If, in the opinion of the Planning Board, the proposal does not meet the qualifying standards, the Board shall inform the applicant clearly in writing stating the deficiencies of the proposal. The applicant's proposal shall include sufficient evidence to establish that:

Requirements.

A maximum choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominium, leasing), of housing, lot sizes and community facilities available to Town residents at all economic levels.

More usable open space and recreation areas.

More convenience in location of accessory commercial and service areas.

A development pattern which preserves trees, outstanding natural topography and geologic features and prevents soil erosion.

A creative use of land and related physical development which allows and orderly transition of land from rural to urban uses.

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs.

A development pattern in harmony with the objectives of the Master Plan.

A more desirable environment than would be possible through the strict application of these regulations.

Dwelling units in detached, semidetached, attached, clustered or multistoried structures, or any combination thereof.

Commercial, service and other nonresidential uses, where such uses are scaled primarily to serve the residents of the PUD.

Public and private institutional and recreational facilities.

Office and research uses.

The overall average gross density shall not exceed eight dwelling units per acre throughout the PUD.

At least 20% of the total number of dwelling units within any PUD shall be in single-family detached structures.

The total densities for multifamily residential uses shall not exceed 14 dwelling units per acre.

There shall be off-street parking facilities which shall provide 1 1/2 parking spaces for each dwelling unit.

Landscaped open spaces or open areas left in their natural state, shall be provided at a ratio of not less than 1,200 square feet of open space for every dwelling unit. The Planning Board may require as much as 15% of the total gross acreage of such open space to be provided in the form of suitably equipped play areas.

All multifamily uses must provide adequate with at least one approved tree per dwelling unit.

A buffer strip shall be provided between residential and nonresidential uses and between residential uses and state or county roads. Said buffer strip shall be at least 100 feet in width, measured inward from the property line and suitably landscaped with grass and shrubs, trees or other ground cover. No parking shall be permitted in this area.

The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved service streets, parking and loading facilities and off-street lighting, making reasonable provision for utility service connections with adjoining properties in other ownerships. Such proposed improvements shall be subject to review by the Town of Brighton.

Commercial uses may be permitted (or required) where such uses are scaled to serve the residents of the PUD. Where a PUD contains between 100 and 500 dwelling units, a maximum of 2,400 square feet of floor area may be provided for commercial or service use. Where a PUD contains 500 or more dwelling units, a maximum of 1/2 acre of land for every 100 dwelling units may be used for commercial or service purposes.

Parking areas serving commercial uses shall be provided at a minimum ratio of one square foot of parking space for every one square foot of retail area.

Where the PUD contains 1,000 or more dwelling units, one acre of land for each 100 dwelling units may be used for office and research uses.

Office and research uses shall be subject to the controls governing office and research development in the Office and Office Park BE-1 District of these regulations.

The time when organization is to be created.

Mandatory or automatic nature of membership in the organization by residents.

The permanence of common property safeguards.

The liability of the organization for insurance, taxes and maintenance of all facilities.

The provision for pro rata sharing of costs and assessments.

The capacity of the organization to administer common facilities.

The location of various land uses and their areas in acres.

The general outline of the interior roadway system and all existing rights-of-way and easements, whether public or private.

Delineation of the various residential areas, indicating the number of dwelling units by each housing type, e.g., single-family detached, townhouse and garden apartments, plus a calculation of the residential density in dwelling units per gross acre for each residential area.

The interior open space system.

The interior drainage system.

If portions of the site have a moderate to high susceptibility to flooding and ponding or erosion, a topographic map showing contour intervals of not more than five feet of elevation shall be provided.

General description of the provision of other community facilities, such as schools, fire-protection services, and cultural services, if any, and some indication of how these needs are proposed to be accommodated.

A statement as to how common open space is to be owned and maintained.

If the development is to be staged, a clear indication of how the staging is to proceed.

A location map showing uses and ownership of abutting lands.

Evidence that the proposal is compatible with the goals of the Master Plan.

Evidence in the applicant's own behalf to demonstrate his competence to carry out the plan and his awareness of the scope of such a project, both physical and financial.

Principal ties to the community at large with respect to transportation, water supply and sewage disposal.

A detailed landscaping plan. This landscaping plan shall meet or exceed the minimum requirements for landscaping found in Chapter 205, Articles I and II, of these regulations.

A favorable report shall include a recommendation to the Town Board that a public hearing be held for the purpose of considering planned unit development. It shall be based on the following findings, which shall be included as part of the report:

An unfavorable report shall state clearly the reasons therefore, and if appropriate, point out to the applicant what might be necessary in order to receive a favorable report. The applicant may, within 10 days after receiving an unfavorable report, file an application for planned unit development with the Town. The Town Board may then determine on its own initiative whether or not is wishes to call a public hearing.

The Chairman of the Planning Board shall certify when all of the necessary application material has been presented to the Board, and the Planning Board shall submit its report within 60 days of such certification. If no report has been rendered after 60 days, the applicant may proceed as if a favorable report were given to the Town Board.

Securing of final site plan approval in accordance with the procedures set forth in Chapter 217, Article III.

Compliance with all additional conditions and requirement as may be set forth by the Town Board in its resolution granting the planned unit development.

An area map showing applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivision, streets and easements within 500 feet of the applicant's property.

A topographic map showing contour intervals of not more than five feet of elevation shall be provided.

A preliminary site plan including the following information:

A tracing overlay showing all soil areas and their classifications, and those areas, if any, with moderate to high susceptibility to flooding and moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation.

The Planning Board's review of a preliminary site plan shall include, but is not limited to, the following considerations:

In its review, the Planning Board may consult with any Town and county officials, as well as with representatives of federal and state agencies, including the Soil Conservation Service and the New York State Department of Environmental Conservation. The Planning Board may require that exterior design of all structures be made by or under the direction of a registered architect or engineer, whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.

Varies the proposed gross residential density or intensity of use by more than 5%.

Involves a reduction of the area set aside for common open space or a substantial relocation of such area.

Increases by more than 10% the floor area proposed for nonresidential uses.

Increases by more than 5% the total ground areas covered by buildings.

Involves a substantial change in the heights of buildings.

Upon approving an application, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward it to the Building Inspector, who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.

Upon disapproving an application, the Planning Board shall so inform the Building Inspector. The Planning Board shall also notify the applicant and the Town Board in writing of its decision and its reasons for disapproval. A copy of the appropriate minutes may suffice for this notice.

Office buildings for business, professional and medical use, such as attorneys, accountants, architects, engineers, dentists and doctors, including all medical specialists, psychiatrists, psychologists, therapists and chiropractors, banks, insurance agents and real estate brokers.

Business, professional and governmental offices.

Research, design and development laboratories.

Light industrial processing and assembly activities.

Restaurants, quick-print and secretarial services, banks, personal services, such as dry cleaners (drop-off and pickup only), barber- and beauty shops, gift shops and motels with conference facilities which serve the park, day-care facilities, recreation facilities, clinics and cafeterias (for the exclusive use of employees and guests of the principal use).

Garages, pump houses, water towers and storage tanks for other liquid materials in a side or rear yard, and fully enclosed warehouses and storage facilities.

In any yard as regulated by the Planning Board: quarters for caretaker or watchman, gatehouses, transport-system waiting stations, other structures for security or traffic control purposes, or ornamental fountains and statuary.

In addition to meeting the provisions of Chapter 207, Article VI, of these regulations, all signs shall be in conformance with the design standards specified in the preliminary site plan. No other signs will be permitted within this district other than necessary public signs for traffic control and movement.

Residences.

Any use which creates any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution, heat, cold, dampness, electromagnetic or other disturbances; glare; liquid or solid refuse or waste; or any other substance, condition or element, in such manner or in such amount as to, in the opinion of the Planning Board, adversely affect the use of the surrounding area or adjoining premises. In making such determination, the Planning Board shall be guided by performance standards set forth in § 203-168D.

Preexisting retaining walls, trees or landscaping shall not be removed except upon written approval of the Building Inspector, nor shall the existing grade be disturbed except with such approval. The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All landscaping shall be properly maintained throughout the life of any use on said lot.

Where the lot lines of the subject lot coincide with those of another lot in residential use or the lot abuts or is traversed by a residential district boundary, there shall be planted or installed, along the lot lines thereof, trees, shrubs, berms and/or fencing of such type and spacing as shall be required by the Planning Board to adequately screen all operations on the lot from the view of the adjoining properties.

Landscaping shall consist of combinations of trees, berms, hedges, shrubs, fences and vegetative or natural material ground covers. The sufficiency of amount and size of species or plant material or nature of other materials shall be subject to the approval of the Planning Board. In making its determination, the Board may be guided by other provisions of these regulations, such as the design guidelines to buffers and linkages.

All permitted uses and accessory equipment, materials or activities shall be confined within completely enclosed buildings or within an area enclosed by a wall, fence, berm or hedge. The design, size and location of such screening shall be subject to the approval of the Planning Board. In determining the design, size and location of such screening, the Board may be guided by other provisions in these regulations, such as the design guidelines for buffers and linkages.

Fuel storage tanks, utilized as part of the heating equipment, shall be located underground or within a building. The storage of gasoline or chemical or petroleum products shall not be permitted except as incidental to a laboratory, a production operation or the servicing of company vehicles and shall be located underground or within a building.

Exterior materials. The exterior of all principal buildings shall be in architectural harmony and generally of masonry materials to have a permanent color and form. Accessory buildings faced with less permanent material shall be screened from all neighboring residential streets exterior to the project, pathways and properties.

Mechanical equipment and tanks. Such features as pumps, air-conditioning equipment, tanks or cooling towers, located on rooftops or adjacent to buildings, shall be enclosed within walls of a material in harmony with that of the main walls of the building. Such equipment located away from a building shall be screened by fences, berms, hedges or other plantings or a combination thereof sufficient to screen such equipment from neighboring properties, streets and pathways exterior to the project.

Electronic communication or sensing devices. All towers, masts, antennas, radio telescopes, receivers, reflectors or similar devices shall be subject to the requirements of Chapter 207, Articles VIII and I, of these regulations.

Solar energy collection devices. All such devices designated for direct collection of solar rays or wind energy systems shall be subject to requirements of § 203-162D(1) and (2) of this article and Chapter 207. All such devices shall be located or screened or, if attached to a principal building, shall be in architectural harmony, so that in the opinion of the Planning Board, such devices shall not cause effects contrary to the provisions of §§ 203-161 and 203-162D(1) and (2) of this article. In determining compliance with these requirements, the Board may be guided by other requirements of these regulations.

Uses subject to the performance standards procedure. Only manufacturing and research, experimental and testing laboratory uses and uses accessory thereto shall be subject to the performance standards procedure in obtaining a building permit. However, if the Building Inspector has reasonable grounds to believe that any other proposed use violates any of the performance standards and reports accordingly to the Planning Board, then the applicant shall comply with the performance standards procedure.

Enforcement provisions applicable to other uses. Initial and continued compliance with the performance standards is required of every use, including those already existing on the effective date of these regulations. Provisions for enforcement of continued compliance with performance standards shall be invoked by the Building Inspector against any uses if there is reasonable grounds to believe that the performance standards are being violated by such use.

Performance standards procedure.

Performance standard regulations.

To ensure that development and land use activities along the Erie Canal and Genesee River, in those locations identified in the Master Plan, will occur in harmony with the environmental and ecological systems that exist in these waterfront areas.

To promote the most desirable and appropriate use of land and building development based upon consideration of land and soil characteristics and other natural features, environmental constraints, neighborhood characteristics and overall community needs.

To protect the character of the district.

To conserve the value of land and buildings.

To protect the tax revenue base.

To provide for a desirable mix of water-dependent and water-enhanced recreational opportunities, business uses and residential uses which complement each other and take advantage of the unique location and characteristics of these waterways.

To encourage flexibility of design, preservation of unique environmental features and maintenance of the aesthetic quality of waterfront areas by establishing appropriate dimensional requirements for each use, thereby promoting a more creative and imaginative design for development of waterfront areas than is normally possible under conventional zoning districts.

To preserve, to the maximum extent practicable, the existing vegetation and natural features along the Genesee River and Erie Canal and to prevent, as much as possible, erosion, sedimentation and problems with drainage both during and after construction.

To promote the maintenance and/or extension of public access to the canal and river, when practical and feasible, where such access relates to and is compatible with the primary purpose of the proposed development or activity.

To encourage coordination with public agencies and private organizations involved with waterfront planning or waterfront-related development.

To promote opportunities for increased tourism.

Boat slips and docks.

Temporary boat docking facilities.

Cartop boat launching facilities.

Publicly owned outdoor recreational facilities.

Parks, picnic areas and playgrounds.

Open spaces.

Other water-dependent uses.

Retail stores, restaurants and other water-enhanced uses, at a scale to be determined by the Planning Board, which are appropriate for the location given the nature of the site, surrounding land uses and the specific purposes established for this district.

Specialized service shops oriented to and/or supportive of water-related activities.

Rental of nonmotorized boats.

Arts and crafts studios.

Second floor offices (above ground floor retail uses) not to exceed 25% of the total floor area of the overall structure.

Commercial parking lots.

Snack bars and outdoor cafes.

Apartments.

Townhouses.

Second-floor residences (above ground-floor retail uses) not to exceed 25% of the total floor area of the overall structure.

Minimum lot size is twice the square footage of the principal building's first (ground) floor. This allows both small- and large-lot uses within this district.

The required lot size shall also be based on the amount of land area necessary to adequately accommodate the proposed principal and accessory uses and the relative intensity of the proposed land use and the need to protect or buffer the use from sensitive environmental areas, significant historic or archaeological areas, scenic views or vistas and adjacent uses.

Setback requirements will be set during the site plan review process. This provides greater flexibility and innovation in project design than allowed in other zoning districts. Setback requirements imposed by the Planning Board during the site plan review process will help to ensure the protection and preservation of unique and sensitive environmental features, maintenance of the general character of the shoreline, scenic views and vistas and the specific goals established for this district.

Setbacks for individual sites along the Erie Canal may vary depending upon such factors as:

Maximum building height for principal buildings shall not exceed 40 feet for residences, unless it is above a commercial use.

Maximum height for principal buildings shall not exceed 40 feet for commercial buildings.

Maximum height for accessory buildings shall not exceed 16 feet.