Cambria Town City Zoning Code
ARTICLE XI
Exceptions and Special Provisions
§ 288-1100 Uses permitted as special exceptions.
As provided by § 274-b of the Town Law of the State of New York and authorized by the Town Board, the Zoning Board of Appeals shall consider requests for Special Permits (special provisions, special exceptions, special uses). Requests for Special Permits shall be referred to the Planning Board for a report or recommendation. After the Planning Board report or recommendation is made, the Zoning Board shall consider the request. Consideration of all requests hereunder by the Zoning Board shall be made after public notice and public hearing under conditions set forth in this article.
In an Agricultural and Residence District AR (Article III).
Uses which may be considered:
Activities defined as agricultural tourism that are not solely part of a farm operation as defined hereunder if authorized pursuant to the terms of § 288-1130.
Air landing field, only if operated privately, and not for profit.
Animal hospital.
Animal husbandry on parcels under five acres, upon a finding that applicant has sufficient land upon which to engage in the type of animal husbandry requested hereunder.
Bed-and-breakfast.
Boarding house or rooming house.
Bus passenger shelter.
Business in an existing or proposed structure.
Cemetery.
Churches, aka religious worship, place of.
Commercial greenhouses and plant nurseries including offices and sales yards.
Crematorium.
Clubhouse, as herein defined, without facilities likely to occasion a nuisance in a residential neighborhood by reason of noise or other objectionable features.
Dental clinic.
Educational and day care institutions.
Electric substation, gas district governor station, telephone exchange, or other public utility building, structure, or use, a business office, storage yard, repair shop or facility for the manufacturing or storage of illuminating gas, or related use, to the extent that a use hereunder is not superseded and thereby regulated by Chapter 278, regulating personal wireless telecommunications service and towers, which law may be amended from time to time by the Town Board.
Farm pond or recreational pond as defined hereunder as "pond" not larger than 1/2 acre. The Zoning Board may grant such permit upon a finding of no environmental damage and a finding that the construction or alteration of said pond will not adversely affect drainage in the area. A satisfactory report from the Niagara County Soil and Water Conservation District shall also be submitted with an application for a special permit for a pond hereunder. Such permit may be granted pursuant to the provisions authorizing the granting of special permits herein and shall not be subject to any other laws regarding excavations. Once a permit for a pond is granted, the requirement of renewal pursuant to § 288-1101A(8) is not applicable. Filling in or otherwise altering an existing pond shall also require a special permit hereunder.
Flashing signs, electronic signs and/or signs that change images.
Golf courses.
Hospital.
In-law apartment.
Kennel, private, provided that any structures or area used for such purposes, including pens or exercise runnings, shall be at least 100 feet from any other property line.
Medical clinic.
Manufactured home park.
Municipal, county, state or federal use.
Nursery school or day-care center.
Nursing home.
Picnic grounds.
Private athletic field, private swimming pool or other private recreation facility operated by a not-for-profit organization.
Private commercial automobile parking lot on land directly abutting a General and Highway Business District or an Industrial District at the side or rear, provided no part of such lot extends more than 400 feet beyond the boundary line of such Business or Industrial District or extends into a front yard or extends closer to the side line of residential lot than 50 feet; and provided that wherever abutting upon other than industrial or commercial property, the parking lot is to be densely planted with trees and shrubbery for a depth of not less than 25 feet.
Public building.
Public parks and noncommercial recreation facilities.
Radio or television transmission facilities and their customary appurtenances.
Riding academy.
Sanitarium.
School, primary or secondary.
School, vocational.
Stable, public or private.
Temporary residence for a period of up to one year during construction of a permanent residence upon the same parcel of real property. Such a permit is not renewable. The temporary residence must comply with all New York State health and building codes.
Tourist house.
Limitations. No use authorized for consideration by this subsection shall be permitted in any other district unless specifically authorized for such district.
In a Residence District R-1 (Article IV):
Uses which may be considered:
Boarding house or rooming house.
Bus passenger shelter.
Churches, aka religious worship, place of.
Education institution.
Public utility buildings and/or structures which are essential to the R-1 District which cannot be located elsewhere in the Town, to the extent that a use hereunder is not superseded and thereby regulated by Chapter 278, regulating personal wireless telecommunications service and towers, which law may be amended from time to time by the Town Board.
Home occupations.
Municipal, county, state or federal use.
Public buildings.
Public parks and noncommercial recreational facilities.
School, primary or secondary.
Limitations. As in § 288-1100A(2).
In the Light Retail Business District B-1 (Article VI):
Uses which may be considered:
Animal hospital, veterinary clinic or public kennel; provided that any structures or area used for such purposes, including pens or exercise runs, shall be at least 100 feet distance from any Agricultural and Residence District AR, Residence District R-1 or any other property line.
Brewery, cidery, distillery, meadery, microbrewery or winery that is not a "farm operation" within the definition contained in § 288-1130B, subject to § 288-1130F and § 288-1130E(3) through (5).
Drive-in businesses including drive-in outdoor theaters subject to the requirements of § 288-1114.
Flashing signs and/or electronic signs.
Light assembly.
Limitations. As in § 288-1100A(2).
In the General Business District B-2 (Article VII).
Uses which may be considered:
Brewery, cidery, distillery, meadery, microbrewery or winery that is not a "farm operation" within the definition contained in § 288-1130B, subject to § 288-1130F and § 288-1130E(3) through (5).
Light assembly.
Flashing signs and/or electronic signs.
Limitations. As in § 288-1100A(2).
In the Industrial District.
Uses which may be considered:
Any use not specifically permitted or prohibited in the Industrial District.
Brewery, cidery, distillery, meadery, microbrewery or winery that is not a "farm operation" within the definition contained in § 288-1130B subject to § 288-1130F and § 288-1130E(3) through (5).
Flashing signs and/or electronic signs.
Limitations. As in § 288-1100A(2).
§ 288-1101 Conditions for the granting of special permits.
Such special permits may be authorized by the Board of Appeals initially for one year only upon satisfaction in each instance of such conditions as to the general character, height and use of structure or structures; as to the provisions of surrounding open space and the treatment of grounds; as to the general fitness of the structure or use to its proposed location; as to the provision for automobile parking or storage; and as to street capacity and use as, in the opinion of the Board, may be necessary to safeguard public health, comfort, convenience, and as may be required for the preservation of the general character of the neighborhood in which such building and/or structure is to be placed or such use is to be conducted. In granting Special Permits, the Board of Appeals shall consider whether the requested use meets the following conditions:
No change in character of neighborhood.
No depreciation of property values.
No excessive noise or disturbance of neighborhood.
No appreciable change in traffic.
Adequate parking arrangements.
Plan must be approved with appropriate landscaping.
No outside storage of materials.
In the discretion of the Board of Appeals the permit may be reviewed upon its expiration and extended for an additional one-year period or for such other period of time not to exceed five years which may be established by the Board of Appeals if conditions of area have not changed. Special permits are renewable without the necessity of a public hearing.
The entire report of the Planning Board, if required or requested, shall be considered at the meeting at which the request for the special permit is considered by the Board of Appeals.
To assist the Board of Appeals in its determination, an application for a permit under this section shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record.
In the event that a property with a special permit is to be sold or transferred to a new owner, the Building Inspector shall be notified in writing at least 30 days prior thereto, in order to make the new owner aware of any conditions that may be placed on the special permit and ensure compliance therewith.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 288-1102 Motor courts or motels.
Motor courts or motels, where allowable under this chapter, shall conform to the following requirements:
Each rental structure shall contain at least eight rental units.
In Agricultural and Residence Districts AR, no rental structure or part thereof shall be placed closer to any street or road line than 100 feet, or closer to any other property line than 50 feet.
Automobile parking space to accommodate not less than one car for each rental unit plus one additional place for every person regularly employed on the premises shall be provided on the premises and in Agricultural and Residence Districts AR, no part of such parking space shall be closer to any street line than 50 feet.
Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures shall be properly connected to the Town water and sewer system (or other equivalent method of water supply and sewage disposal properly installed). Sanitary facilities shall be approved by the New York State Health Department.
§ 288-1103 Manufactured homes.
The following shall apply in addition to all other regulations of the Town pertaining to manufactured homes. (References in this chapter and in the Mobile Home Ordinance[1] and any amendments thereto to mobile home parks and mobile home courts are deemed to be references to "manufactured" homes, parks and courts for all purposes herein and in the Mobile Home Ordinance.)
No manufactured home shall be parked and occupied in any district outside an approved manufactured home court.
§ 288-1104 Public garages, motor vehicle service stations and motor vehicle repair stations.
No public garage, motor vehicle service station, motor vehicle repair station, or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurements shall be taken as the shortest distance between such entrances across the street if the entrances are on opposite sides of the street, and along the street frontage if both entrances are on the same side of the street or within the same square block.
All motor vehicle service stations and motor vehicle repair stations shall be so arranged as to require all servicing or repair on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than 50 feet, or closer to any street line than 80 feet.
All waste material will be stored within a structure or suitably enclosed within fencing so as not to be visible from off the property.
On any streets which provide access to gasoline pumps, all repair facilities shall be at least 15 feet further from the street line than the side of the gasoline pumps furthest from the street line, in no case less than 80 feet from highway right-of-way.
Not more than six cars or vehicles shall be parked, stored or left standing outside of a building on said premises at any one time. All parts shall be stored within a building and on said premises, or suitably enclosed within fencing so as not to be visible from off the property.
Except when actually engaged in servicing, said cars or vehicles shall not be parked, stored or left standing less than 150 feet from any highway or street right-of-way or less than 25 feet from any other lot line.
The premises shall be kept in a clean, neat, sanitary and sightly condition, and shall be subject to the reasonable inspection and recommendation by the Building Inspector of the Town of Cambria.
§ 288-1105 Signs.
Number; size; location; requirements.
One sign shall be permitted on a single parcel of land in the A-R or R-1 Zoning District with a separate S.B.L. number which shall not exceed 12 square feet. Any additional sign shall be subject to approval by the Town Zoning Board by special permit pursuant to § 288-1101.
Size, location and construction of a sign which applicant proposes to be located in a business or industrial district or as part of a subdivision submittal shall be reviewed by the Planning Board as part of its site plan or subdivision approval without the necessity of Zoning Board of Appeals approval. A sign in the business district attached to the sidewall of a building may not extend beyond or project from the building. No sign will hereinafter be erected pursuant to this section which exceeds 32 square feet per business upon said premises, unless the Planning Board has expressly approved the use of a larger sign pursuant to its site plan approval. Approval of a sign exceeding 32 square feet can be made by the Planning Board upon a finding that the applicant's business requires a larger sign, and that a sign limited to 32 square feet is not sufficient to meet the demonstrated needs of the applicant.
Any freestanding sign larger than eight square feet shall have at least three feet of open space at the bottom, extending its entire length.
Mobile signs including temporary signs are not permitted in any use district, except by permit issued pursuant to § 288-1106.
Flashing signs and electronic signs are not permitted in any use district, except by special permit issued pursuant to § 288-1100.
The Building Inspector may grant temporary sign permits including permits for mobile signs for no longer than three months, after which the sign must be removed.
Nonconforming signs to be removed.
Nonstructural signs.
Any nonconforming sign which is portable in nature (i.e., banners, pennants, spinners, portable signs, etc.) shall be removed within 90 days of the effective date of this chapter.
Any nonconforming sign painted, pasted or otherwise applied to a fence, wall or facade of a building shall not be repainted, restored or replaced.
Structural signs. Any nonconforming sign that is a structure or a removable part of a structure existing in a Residence District at the time of the adoption of this chapter or an amendment thereto shall be discontinued within three years from the date of such adoption or amendment.
Political signs. No person, firm or corporation shall affix, paint, post, hang or shall cause or allow any of his or their or its subordinates or employees to affix, paint, post, hang or otherwise attach any political signs, banners, posters, placards or political advertising of any type whatsoever, to any lamp posts, telegraph or telephone poles, trees, hydrants, or boxes covering same, street signs, signal posts, wires, cables, buildings, fences, structures of any kind, sidewalks, pavements, walls, refuse and litter containers, monuments, statues, arbors, parking meters, bridges, railings, shelter houses, comfort stations, stairways, apparatus, pieces of equipment, or on any other conceivable object or item, thing or place situated in or upon any of the public roads, streets, avenues, lanes, alleys or public places of the Town of Cambria, New York; or upon any structures or buildings within the right-of-way of any of the roads, streets, avenues, lanes, alleys or public places of the Town of Cambria, New York. All political signs shall be removed within 72 hours of the closing of the polls.
§ 288-1106 Temporary uses and structures.
Temporary permits may be issued by the Building Inspector for a period not exceeding one year for nonconforming uses incident to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials, and a real estate office located on the tract being offered for sale, provided such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit and such other conditions as the Building Inspector in his sole discretion may deem reasonable and necessary. Such permits may be renewed upon application to the Building Inspector for an additional period of one year.
§ 288-1107 Nonconforming uses, buildings and structures.
Continuation of nonconforming use. Except as provided in § 288-1107B and C of this section, any use of land or a building or structure or part thereof, existing at the time that this chapter or any amendment hereto becomes effective, may be continued subject to the provisions of § 288-1107D, E and F of this section, although such building or structure or use does not conform to the provisions of the district in which it is situated.
Discontinuance of use. When a nonconforming use under this chapter or any former Zoning Ordinance has been discontinued for a period of not less than one year, it shall not thereafter be re-established, and the future use shall be in conformity with the provisions of this chapter.
Automobile wrecking yards. Notwithstanding any other provision of this chapter, any nonconforming automobile wrecking yard, in existence at the time of the adoption of this chapter or an amendment thereto shall be discontinued within one year from the date of such adoption or amendment.
Change of nonconforming use. No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
Maintenance of a nonconforming use. Any continuation of a nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public.
Any building or structure containing a nonconforming use or any structure consisting of a nonconforming use which is damaged by fire, flood, wind or other act of God or man to the extent of 50% or more of its fair sales value immediately prior to damage shall not be reoccupied, reused and/or reconstructed except in conformity with the provisions of this chapter. In the event that the Building Inspector's estimate of the extent of damage or fair sales value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the extent of damage or fair sales value shall be determined by a Board of three arbitrators, one of whom shall be named by the Planning Board, one by the applicant for the building permit, and one by the first two arbitrators named. In the event the first two arbitrators named cannot agree upon a third member within five days, the third arbitrator shall be named by the Town Board. A decision in which at least two of the arbitrators concur shall be deemed the official decision of this Board.
Any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or man to the extent of 50% or more of its fair sales value immediately prior to damage shall not be repaired or reconstructed except in conformity with the provisions of this chapter. In the event of dispute, the extent of damage or fair sales value shall be determined in the same manner as set forth in § 288-1107F.
Any building or structure containing a nonconforming use, or any structure constituting a nonconforming use which is damaged by fire, flood, wind or other act of God or man to the extent of more than 25% but less than 50% of its fair value immediately prior to damage shall not be repaired or constructed except in conformity with this chapter unless such reconstruction is completed within 12 months of the damage. In the event of a dispute, the extent of the damage or the fair sales value will be determined in the manner as set forth in § 288-1107F.
No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter and is being diligently pursued so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter. Not more than 30 days after the enactment of this chapter a permit shall be obtained from the Building Inspector for each building or structure under construction as of the date of enactment of this chapter. Irrespective of whether such construction conforms with the terms of this chapter, any structure so permitted shall be allowed to be completed in accordance with plans filed at the time of the application for the permit. After filing of plans with the Building Inspector, alteration or additions to such plans except as may be in conformity with the terms of this chapter shall not be permitted. Construction of buildings or structures under construction at the time of the enactment of this chapter for which permits are not obtained as provided above, shall be stopped 30 days after the enactment of this chapter and thereafter be permitted to continue only in accordance with the terms of this chapter after the securing of a building permit as hereinafter provided.
The above limitations shall not apply to a building or other structure utilized as a dwelling which is nonconforming only in respect to yard space or area per dwelling and nonconforming to the district in which it is located except further into an already deficient amount of land area per dwelling.
§ 288-1108 Required off-street parking and automobile storage spaces.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure, at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or before conversion from one zoning use or occupancy to another. Such space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner without review and approval by the Planning Board. No required front yard or portion thereof in any residential district shall be utilized to provide parking space required in this chapter.
The Planning Board, as part of site plan review, will determine whether the amount of proposed parking spaces is adequate to meet the needs of the users of the site. For the Planning Board to make a determination on parking, the applicant and the Board will utilize the Town's general guidelines document for parking (copy available at the Building Department/Planning Department). The applicant can also submit additional information such as parking studies, parking requirements from other similar uses, other sites that it operates, etc., to help in this determination.
Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving a new building, structure, addition or land use without review and approval by the Planning Board; nor shall any parking space be substituted for an off-street loading and unloading space, nor any loading and unloading space be substituted for parking space without review and approval by the Planning Board.
Shared parking arrangements with adjoining properties shall be reviewed and approved by the Planning Board as part of the Site Plan Approval.
No off-street automobile parking or storage space shall be used or designed, arranged, or constructed to be used in a manner that will obstruct or interfere with the free use of any street, alley or adjoining property.
The parking spaces provided along with their necessary driveways and passageways shall be surfaced or finished in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Building Inspector at the time application for building permits are to be filed. Such parking areas are to be kept free of obstructions and unsightly objects. Intersections of parking areas with sidewalks or street pavements must be made in an approved manner. Provision must be made for the adequate drainage of parking areas.
A minimum ground area of not less than 10% of the total site area to be developed shall be landscaped area. Five percent of internal parking areas shall be green space (landscaped islands).
Screening. Every automotive use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot in any R District, including lots situated across the street, as follows:
Along a street line, by a planting strip of natural vegetation five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three feet and seven feet above the street level. Such screening may be interrupted by normal entrances and exits.
Along a rear lot line or an interior side lot line which abuts an existing or future rear yard or side yard on such adjoining lots, by a compact evergreen hedge which will reach a height of five feet within three years or by a solid uniformly painted fence or an unpierced masonry wall five feet in height. Such screening shall be maintained in good condition at all times.
Plastic or other types of artificial plantings or vegetation shall be prohibited.
§ 288-1109 Required off-street parking for commercial vehicles while loading and unloading.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
On the same premises, with every building or structure or part thereof hereafter erected and occupied for the purpose of business, trade or industry, there shall be provided and maintained, as permitted in a site plan approval by the Planning Board, adequate space for the parking of commercial vehicles while loading and unloading off the street or public alley. Such space shall have access to a public alley, or if there is no alley, to a street. Off-street loading and unloading space shall be in addition to off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. Off-street loading and unloading space shall be provided at the time of erection of any building or structure and/or at the time any building or structure is enlarged or increased in capacity as permitted in a site plan approval by the Planning Board.
§ 288-1110 Frontage on public street or road.
Unless authorized pursuant to an approved subdivision, no dwelling or other structure shall be erected on a lot which does not abut on at least one dedicated street for a distance of at least the required minimum frontage for such a structure in the applicable district, which frontage shall be continuous. Access for ingress and egress with respect to said lot shall be through said frontage.
No detached building to the rear of a main building on the same lot may be used for residential purposes. The requirements of this section shall not apply to premises zoned Medium Density or Planned Unit Development.
§ 288-1111 Reductions in lot area prohibited.
No lot, although it may consist of one or more adjacent lots of record, shall be reduced in area to the extent that yards, lot area per family, lot width, building area or other requirements of this chapter, are not maintained. This subsection shall not apply when a portion of a lot is required for a public purpose.
No space applied or necessary under this chapter to satisfy the yard or other open space requirements in relation to any building or area, whether now or subsequently built or occupied, shall be counted as part of a required open space in relation to any other building.
§ 288-1112 Obstruction of vision and fencing.
In all districts, on a corner lot within the triangular area formed by the center lines of streets from the intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of three and one-half feet and the height of 10 feet above the average grade of each street on the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.
Sight Distance for Various Sight Widths | |
|---|---|
Street Right-of-Way (feet) | Distance from Intersection (feet) |
50 or more | 90 |
40-49 | 80 |
30-39 | 70 |
Except as provided in § 288-1112A, the requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall, except that in any Agricultural-Residential or Residential District, no privacy fence or wall shall exceed six feet in height. A privacy fence that is finished on one side only shall have the side in good or finished condition facing toward the adjoining property. All privacy fences shall be constructed in a manner which is aesthetically pleasing so as not to adversely affect the character of the neighborhood. An application for a building permit for a privacy fence shall be accompanied by descriptions and/or drawings sufficient in detail to allow the Code Enforcement Officer to determine whether or not the proposed fence complies with the requirements of this section.
No building permit for a residence or other structure in any use district shall be issued by the Code Enforcement Officer unless sight lines at the intersection of the road and proposed driveway are sufficiently clear in both directions, to allow safe ingress and egress.
Any difference of opinion between the Code Enforcement Officer and the applicant as to what constitutes a safe site line shall be referred to the Town Planning Board for resolution.
§ 288-1113 Excavation.
No person, firm or corporation shall strip, excavate, or otherwise remove in any use district, topsoil, gravel, fill or other material from the premises for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises, and excavation and/or grading incidental thereto, as well as excavation in the Industrial District, in which district no excavation shall be made or maintained within 250 feet of any highway or street right-of-way line, public utility easement and/or railroad right-of-way or within 40 feet of any lot line.
The slope of any pit excavation shall be at an incline of at least two horizontal feet to one vertical foot.
No excavation shall be made less than two feet above the maximum ground water level at the site, nor shall the natural level of the water table be changed or altered in any respect by said excavation or by drains or any other means whatsoever.
No junk, waste, rubbish or toxic waste or materials shall be placed or permitted to be placed in any excavation.
Permit for removal of material from existing ditch. The Building Inspector of the Town of Cambria may issue a permit for the removal from premises of material excavated from existing drainage ditches within any district of the Town or new drainage ditches in any district approved by the Niagara County Soil Conservation Service, or other agency acceptable to the Town Board of the Town of Cambria, when in the opinion of the Building Inspector such ditching is necessary for drainage, and upon the payment to the Town of Cambria of a fee as set by resolution of the Town Board.[1]The Town Board may revoke any permit issued hereunder if it shall find that the proposed excavation or removal of earth is being performed in violation of any of the provisions herein. Any person receiving a permit pursuant to § 288-1113B herein for the removal or excavation of fill, gravel, topsoil, stone or other substance shall use all reasonable means in connection with such excavation and removal so as to reduce and minimize dust and dirt which might arise from such operation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See the Town Fee Schedule on file with the Town Clerk.
Storage of excavated material including rock. Notwithstanding any other provision herein, no excavated material including rocks shall be stored within 500 feet of any road right-of-way or lot line. No topsoil shall be removed from premises and such topsoil shall be preserved and maintained as topsoil and not buried under subsoil.
§ 288-1114 Drive-in business.
Plans for the erection or structural alteration of a drive-in business establishment, as herein defined, shall be submitted to the Planning Board for its review and decision. The Planning Board may impose such changes therein in relation to yards, driveways, driveway entrances and exits, and the location and height of buildings, and enclosures as it may deem best suited to insure safety, to minimize traffic hazards or difficulties and to safeguard adjacent properties.
§ 288-1115 Storage of flammable liquids and hazardous materials.
The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in above ground tanks in an amount greater than 1,100 gallons shall be prohibited in all districts unless such tanks up to and including 10,000 gallons capacity are placed not less than 50 feet from all property lines and unless all such tanks of more than 10,000 gallons capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 1,100 gallons shall be properly diked with earthen dikes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded, the plans for which shall be reviewed and approved by the Town Engineer. Such storage shall in any event comply with Article 40 of the New York State Environmental Conservation Law currently entitled "Hazardous Substances Bulk Storage Act."
§ 288-1116 Cesspools and septic tanks.
No cesspool or drilled sink dry well shall be permitted.
Where a public sanitary sewer is not reasonably accessible, individual subsurface sewage disposal systems may be installed to serve lots of not less than 25,000 square feet in area, or on lots less than 25,000 square feet which for any reason are considered legal building lots hereunder by reason of their being in compliance with minimum building lot requirements formerly in effect, by reason of the granting of a variance, by reason of the granting of a subdivision approval, etc. All individual subsurface sewage disposal system installations shall conform to the requirements of the Niagara County Health Department.
No such septic tank shall be permitted in low, swampy areas with a high water table (permanent, fluctuating or seasonal), areas with ledge rock, or areas that are subject to flooding.
All individual subsurface sewage disposal system installations shall conform to the requirements of the Niagara County Health Department.
§ 288-1117 Swimming pools.
Swimming pools are hereby declared to be a permitted accessory use structure in any use district, provided the pool meets the requirements of this chapter and a building permit is obtained before it is erected or constructed.
Swimming pools, including decks, must comply with all setback, side yard and rear yard requirements of the Town's ordinance applicable to buildings or structures except that swimming pools shall be permitted in the rear yard area providing it is not less than 15 feet from the side and rear lot lines. No swimming pool shall be constructed between the rear line of the foundation of the house as extended to the side lot lines and the road right-of-way.
In-ground type pools shall be completely enclosed by a security fence of not less than four feet in height with all gates or doors opening through such enclosure equipped with self-latching and self-closing devices capable of keeping such gates or doors securely closed at all times when not in actual use, of a type approved by the Building Inspector.
A pool with any part of its side extending more than three feet above ground must alternately be equipped with folding or removable steps or other means of denying access to small children which must be approved by the Building Inspector. Such folding or removable steps shall be removed or raised and locked in place when the pool is not in use.
Water supply; drainage; electrical system.
The pool shall have adequate source of water supply and filtration shall meet County Health Department standards and shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupants of any neighboring property and such filter shall in no case be closer than 15 feet to any lot line.
A request for installation of a pool shall be accompanied by a statement of proposed method of draining said pool indicating to the satisfaction of the Building Inspector that such drainage shall not interfere with the enjoyment of neighboring properties.
A ground fault interrupter or no fault breaker shall be installed within the electrical system to prevent shock or serious injury to persons using the pool.
Retroactivity. Sections 288-1117C, 288-1117D and 288-1117E(1) to (3) shall apply to all existing pools and the owner of such existing pools shall have six months from the effective date of this chapter to comply with said paragraphs.
Such pool must also meet all requirements of the New York State Fire and Building Code as amended.
§ 288-1118 Waste.
The dumping or placing of septic tank effluent or waste of any kind in, under or upon the soil, except by means of a subsurface disposal system approved by the Niagara County Health Department, shall not be permitted in any use district. The placing of animal wastes upon soil for agricultural purposes is exempt in AR Districts.
§ 288-1119 Fair, carnival and circus.
In an Agricultural and Residence District AR or on the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms of § 288-1100 for a fair, carnival or circus for a period not to exceed three days in any calendar year. The permit may be issued by the Planning Board upon completion of a site plan review.
§ 288-1120 Supplementary regulation relating to dwellings.
Except as provided in § 288-1004, no permit for the erection of a one or two or multifamily dwelling will hereafter be granted in the Town of Cambria unless the minimum ground floor space per dwelling unit excluding open or enclosed porches, basements, garages and carports is as follows:
One story dwelling: 1,000 square feet.
One and one-half story building or dwelling/other type of architecture not defined herein: 1,200 square feet.
A-frame: 1,000 square feet - at minimum height of 7 1/2 feet above the floor level.
Two-family and multifamily units: 1,000 square feet per unit.
Any building used as a dwelling shall have a continuous perimeter foundation of masonry or wood construction below the frost line.
Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.
Basement occupancy. Any basement area used for sleeping purposes shall comply with the New York State Uniform Fire Prevention and Building Code and shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose service is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a window area, opening to the outside, equal to not less than 1/10 of the floor area of such room.
Slope of yards. No building containing dwelling units shall henceforth be constructed, nor shall any existing building be altered so as to contain dwelling units unless the surface grade of the front yard at the front wall of such building be more than one foot above the established grade of the sidewalk. Where a sidewalk grade has not been established the surface grade of the front at the front wall of the dwelling shall not be less than one foot above the center line of the street measured at the midpoint between the side lot lines of the lot. Where there is unusual difficulty in meeting this provision, the Building Inspector may accept a substitute gradient providing that no minus gradient is established within 15 feet of the front wall or within six feet of either side wall or of the dwelling.
§ 288-1121 Hotels.
Hotels, where allowable under this chapter, shall conform to the following requirements:
Area. The minimum land area per establishment shall be five acres. For each rental room in excess of 12, this land area shall be increased by not less than 2,500 square feet.
Frontage. The minimum frontage per establishment shall be 400 feet.
Front yards. There shall be a minimum front yard of 150 feet into which there shall be no encroachment of commercial usage, automobile parking and of structures other than a fence, wall or sign approved by the Planning Board in accordance with § 288-1105 hereof.
Side and rear yards. No structure shall be placed closer to a side or rear property line than 50 feet and no automobile parking shall be placed closer to a side or rear property line than 25 feet. For every story the height of the structures exceeds two, the off-set from the side and rear property lines shall be increased by 10 feet.
§ 288-1122 Access of a commercial or industrial use.
No driveway or other means of access for vehicles other than a public street shall be maintained or used in any residence district for the servicing of any use located in a Commercial or Industrial District.
§ 288-1123 Junkyards.
No junkyards, dumping grounds, or rendering works shall be permitted in any use district in the Town of Cambria. A lot, land or structure or part thereof used for collecting, storage, sale or abandonment of any material including but not limited to wastepapers, lumber, scrap metal, discarded material, used building material; or for collecting, dismantling, storage, salvage, sale, abandonment, of machinery or vehicles not in operating condition or not inspected and approved by the New York State Department of Motor Vehicles, shall be deemed a junkyard. One or more abandoned, disabled, dismantled or nonregistered or noninspected automobiles, trucks, trailers, buses or other motor vehicles accumulated outside, including those used for storage purposes, shall constitute a junkyard.
§ 288-1124 Multiple buildings on undivided land.
Where two or more buildings are to be erected on undivided land, they shall in no instance be erected nearer to each other than would be permitted if the land were divided, the division line being equal distance from the two buildings which must meet current setback requirements. This section shall not apply to barns and buildings used for active agricultural purposes which otherwise comply with the provisions of this chapter.
§ 288-1125 Unsafe buildings.
The purpose of this section is to provide for the removal or repair of buildings in the Town of Cambria that from any cause may now be or shall hereinafter become dangerous or unsafe to the public.
Any complaint of an unsafe building or collapsed structure shall be inspected and reported to the Town of Cambria Building Inspector.
Upon the Building Inspector's determination that the building is unsafe or in a collapsed condition, notice of same shall be served upon the owner of said building or structure, or on the owner's executor, legal representatives, agents, lessees, or any other person having a vested or contingent interest in the same, either personally or by registered mail, addressed to the last known address, if any, of the owner, or on the owner's executors, legal representatives, agents, lessees, or other persons having a vested or contingent in the same, as shown by the records of the Receiver of Taxes and/or in the office of the County Clerk or County Registrar containing a description of the premises, a statement of the particulars in which the building or structure is unsafe or dangerous, and an order requiring same to be made safe and secure, or removed.
If said service be made by registered mail, a copy of such notice shall be posted on the premises.
The owner or the owner's executors, legal representatives, agents, lessees, or any other person having a vested or contingent interest in said property, shall commence the satisfactory repair or removal of the building or structure within 10 days after service of the notice and complete same within 20 days after service.
If the owner refuses or neglects to repair or remove the said structure within the time prescribed by § 288-1125D herein, the Building Inspector shall file a copy of the notice served on the owner or his representative in the Office of the County Clerk of Niagara County, which shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this paragraph. The notice so filed shall be effective for a period of one year from the date of filing, provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney. The Clerk of Niagara County shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
In the event the owner or his representative shall not complete the required work within the time provided in § 288-1125D herein, the Town Board shall call a public hearing upon notice of the time and place, the purpose of which is to require repair or demolition of the building or structure. The same notice shall be served upon the owner and such persons having an interest in the property or structure as determined by the Building Inspector of the Town. The service shall be as provided in § 288-1125B herein.
After said public hearing, the Town Board may order removal of the building or structure by the Town in the event the owner fails or refuses to repair or remove the same within a time period provided by the Town Board.
The Town Board shall assess all costs and expenses incurred by the Town in connection with the proceedings, including legal fees, to remove or secure the building or structure which shall include the cost of actually removing said building or structure and said assessment shall be against the land on which the building or structure is located and shall be assessed on the next assessment roll to be filed by the Town Assessor.
The ordinance entitled the "Unsafe Building Ordinance" is hereby repealed due to the inclusion of this section in this chapter.
§ 288-1126 Bed-and-breakfast establishment.
Permits.
No person, firm, corporation, association, partnership or any other entity or business shall operate a bed-and-breakfast establishment without first having obtained a special permit from the Zoning Board of Appeals, site plan approval from the Planning Board and a building permit from the office of the Building Inspector of the Town of Cambria. No bed-and-breakfast establishment shall exceed at any time its maximum occupancy as established herein. No bed-and-breakfast establishment shall operate at any time in violation of the provisions of this chapter.
The form of the permit and application therefore shall be prescribed by a resolution of the Town Board. The application shall state the information required thereby together with:
Requirements.
Before a permit may be issued, the following requirements shall be fulfilled:
The premises shall be inspected by the Building Inspector. The Building Inspector shall notify the local Fire Chief of the pending inspection;
Each dwelling shall have exits clearly marked;
Each dwelling shall have adequate exits (number, location and size) for the maximum number of guests which can be housed, pursuant to this chapter, in the dwelling;
Each guest room shall have a functioning smoke detector;
Each guest room shall have written information, clearly posted, showing location of all means of exiting building in event of emergency;
Each establishment shall have available for use by a guest one audio-visual type smoke detector and the availability of the same shall be clearly posted in a conspicuous place;
Each establishment shall have a minimum of one fire extinguisher (2A-10BC rated) on each floor with sleeping quarters and may be, in the discretion of the Building Inspector, required to have additional such fire extinguishers available;
The required fee shall be paid to the office of the Building Inspector; and
The premises shall meet the New York State Fire and Building Code;
A minimum of one off-street parking space must be available for each guest;
In any event, applicant shall in all respects comply with the New York State Uniform Fire Prevention and Building Code.
Additional requirements:
Maximum guest occupancy for each establishment shall be limited to six guest persons for each full guest bathroom available in the dwelling, up to a maximum of nine guest persons per dwelling;
Occupancy shall not exceed two adults per guest room except a bunk room may be permitted, provided:
The number will not exceed the permitted maximum occupancy as measured by one full bathroom for each six persons to occupy dwelling;
There is a regulation sized single bed or bunk available to each person to occupy such bunk room;
There are adequate emergency exits available for the occupants of each such room;
Each permit shall be renewed annually;
A separate permit is required for each bed-and-breakfast establishment;
The permit issued by the Building Inspector shall be posted in a conspicuous place at all times;
The Building Inspector shall keep a directory setting forth a current listing of all premises for which a permit has been issued; and
The issuance of a permit under this chapter shall in no way excuse or waive compliance with all provisions of the Town of Cambria Chapter 288, Zoning, or relieve the owner or operator from fully complying with all provisions of the Town of Cambria Chapter 288, Zoning, and shall not be evidence of compliance with the provisions of the Town of Cambria Chapter 288, Zoning.
Fees. The fee for the permit hereby required shall be established periodically by the Town Board by resolution.[1]
§ 288-1127 Turnarounds.
In all new construction in all zoning districts, turnarounds, or other similar areas allowing motor vehicles to be turned around to face the street for egress, shall be required.
§ 288-1128 Substandard lots.
In the case of a lot of record existing on the effective date of this section of the chapter which did conform to the Zoning Ordinance provisions which were in effect prior to the adoption of this section of this chapter and continuously thereafter in ownership separate from that of any adjacent land, and notwithstanding that such lot does not conform to the requirements of this chapter regarding minimum lot area, minimum lot width, and/or minimum lot depth, the Board of Appeals may approve as a special exception the construction of an otherwise permitted building under such conditions as said Board may establish, including a reduction in the required front, side or rear yards or required frontage. This provision shall not approve nor authorize a self-violation or otherwise created subsequent violation of this chapter as to lot area or possible consequent use thereof. Except as above-provided, no building shall be constructed on any lot which does not conform to all the requirements of this chapter. The foregoing shall not apply to require a special exception to permit construction upon a subdivided lot which was previously duly approved by the Planning Board.
§ 288-1129 Stormwater management and erosion and sediment control.
Findings of fact. It is hereby determined that:
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation;
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
Substantial economic losses can result from these adverse impacts on the waters of the municipality;
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety;
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the jurisdiction and to address the findings of fact in § 288-1129A hereof. This section seeks to meet those purposes by achieving the following objectives:
Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges From Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02 or as amended or revised;
Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised;
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
Minimize the total annual volume of stormwater runoff which flows from any specific site during the following development to the maximum extent practicable; and
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
Statutory authority. The Town Board of the Town of Cambria has the authority to enact ordinances for the purpose of promoting the health, safety or general welfare of the Town of Cambria and for the protection and enhancement of its physical environment. The Town Board of the Town of Cambria may include in any such ordinance provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such ordinance.
Applicability.
This section shall be applicable to all land development activities as defined in this chapter, § 288-1129F.
The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plan to the applicable municipal board. The Stormwater Management Officer may 1) review the plans, 2) upon approval by the Town Board of the Town of Cambria, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or 3) accept the certification of a licensed professional that the plans conform to the requirements of this section.
All land development activities subject to review and approval by the Town Board of the Town of Cambria under (subdivision, site plan, and/or special permit) regulations located within the Town of Cambria shall be reviewed subject to the standards contained in this chapter.
All land development activities not subject to review as stated in § 288-1129D(3) located within the Town of Cambria shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this section.
Exemptions. The following activities may be exempt from review under this chapter:
Agricultural activity as defined in this chapter.
Silvicultural activity, except that landing areas and log haul roads are subject to this section.
Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
Repairs to any stormwater management facility deemed necessary by the Stormwater Management Officer.
Land development activities for which a building permit has been approved on or before the effective date of this section.
Cemetery graves.
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
Emergency activity immediately necessary to protect life, property or natural resources.
Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.
Landscaping and horticultural activities in connection with an existing structure.
Definitions. The terms used in this section or in documents prepared or reviewed under this section shall have the meaning as set forth in this section.
The activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed an application for a land development activity.
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
Excavation or fill material, including the resulting conditions thereof.
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.)
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
A permit under New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or to the public storm drain.
Stormwater pollution prevention plans.
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be approved until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this section.
Contents of stormwater pollution prevention plans.
All SWPPPs shall provide the following background information for erosion and sediment controls:
Background information about the scope of the project, including location, type and size of the project;
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s);
Description of the soil(s) present at the site;
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
Temporary practices that will be converted to permanent control measures;
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
Name(s) of the receiving water(s);
Delineation of SWPPP implementation responsibilities for each part of the site;
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
Any existing data that describes the stormwater runoff at the site.
Land development activities as defined in § 288-1129A and meeting Condition "A," "B" or "C" below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in § 288-1129G(2)(c) below as applicable:
Condition A. Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
Condition B. Stormwater runoff from land development activities disturbing five or more acres.
Condition C. Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single family residences and construction activities at agricultural properties.
SWPPP Requirements for Condition A, B and C:
All information in § 288-1129G(2)(a).
Description of each post-construction stormwater management practice;
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
Comparison of post-development stormwater runoff conditions with predevelopment conditions;
Dimensions, material specifications and installation details for each post-construction stormwater management practice;
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with the transfer of title to the property;
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 288-1129H of this chapter.
For condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements of this chapter.
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
Contractor certification.
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
The certification statement(s) shall become part of the SWPPP for land development activity.
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:
Technical standards. For the purpose of this section, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section:
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalency to the technical standards set forth herein.
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 288-1129H(1) and the SWPPP shall be prepared by a licensed professional.
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
Maintenance, inspection and repair of stormwater facilities.
Maintenance during construction.
The applicant or developer or representative of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
For land development activities as defined in § 288-1129F of this article and meeting Condition A, B, C in § 288-1129G(2)(b), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book.
The applicant or developer or their representative shall be on-site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Cambria to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easements shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Cambria.
Maintenance after construction the owner or operator of permanent stormwater management practices installed in accordance with this section shall ensure they are operated and maintained to achieve the goals of this section. Proper operation and maintenance also includes as a minimum, the following:
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section;
Written procedures for operation and maintenance and training new maintenance personnel;
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 288-1129H(3).
Maintenance agreements. The Town of Cambria shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule A of this section entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Cambria, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easements or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of § 288-1129A through I shall be required. The SWPPP shall meet the performance and design criteria and standards in § 288-1129F through I. The approved erosion control permit shall be consistent with the provisions of this chapter.
Construction inspection.
Erosion and sediment control inspection.
The Town of Cambria Stormwater Management Officer may require such inspections as necessary to determine compliance with this section and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this section and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Cambria enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:
Start of construction.
Installation of sediment and erosion control measures.
Completion of site clearing.
Completion of rough grading.
Completion of final grading.
Close of the construction season.
Completion of final landscaping.
Successful establishment of landscaping in public areas.
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.
Stormwater management practice inspections. The Town of Cambria Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit "as built" plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
Submission of reports. The Town of Cambria Stormwater Management Officer may require monitoring and reporting from entities subject to this section as are necessary to determine compliance with this section.
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Cambria the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 288-1129K(3).
Performance guarantee.
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Cambria in its approval of the stormwater pollution prevention plan, the Town of Cambria may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Cambria as the beneficiary. The security shall be in an amount to be determined by the Town of Cambria based on the submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Cambria, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the Town of Cambria. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Cambria with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Cambria may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
Record keeping. The Town of Cambria may require entities subject to this section to maintain records demonstrating compliance with this section.
Enforcement and penalties.
Notice of violation. When the Town of Cambria determines that a land development activity is not being carried out in accordance with the requirements of this section, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
The name and address of the landowner, developer or applicant;
The address when available or a description of the building, structure or land upon which the violation is occurring;
A statement specifying the nature of the violation;
A description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action;
A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed;
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
Stop-work orders. The Town of Cambria may issue a stop-work order for violations of this section. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Cambria confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section.
Violations. Any land development activity that is commenced or is conducted contrary to this chapter, may be restrained by injunction or otherwise abated in a manner provided by law.
Penalties. Any person who violates this section shall be liable for penalties as set forth in § 288-1205.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this local law the Stormwater Management Officer may prevent the occupancy of said building or land.
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Cambria may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
Fees for services. The Town of Cambria may require any person undertaking land development activities regulated by this section to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Cambria or performed by a third party for the Town of Cambria.
§ 288-1130 Breweries, cideries, distilleries, meaderies, microbreweries, wineries and other agricultural tourism.
Policy. The Town of Cambria is a "Right to Farm Community" under applicable New York State law. The Town of Cambria is a unique community in that the majority of the Town is zoned Agricultural-Residential which incorporates a blend of agricultural and residential areas that have historically existed in harmony. Pursuant to the Town's Comprehensive Plan recommendations, "creative agricultural uses, and wine related and possibly brewery related uses should be encouraged," and this chapter should be reviewed and revised to "allow/encourage these types of uses." A goal and objective of the Town's Comprehensive Plan is "to anticipate the Town's needs, manage its future and not merely react to the forces of growth and change." It is the policy of the Town of Cambria to encourage new innovative farm activities including those that are defined hereunder as agricultural tourism, and also known as "agribusiness." These uses are becoming more prevalent in the Town. It is the policy of the Town of Cambria to encourage all farm activities and especially innovative agricultural tourism/agribusiness related farm activities while protecting the comfort and safety of its residents to the greatest extent possible. It seeks to do this by adopting these amendments to its Chapter 288, Zoning, including this new § 288-1130. It also seeks to do this without being unduly restrictive to such innovative farming activities including agricultural tourism/agribusiness by permitting such activities with a site plan approval by the Planning Board for Agricultural Tourism/Agribusiness Activity that is a "farm operation" under § 305a of the Agriculture and Markets Law which meets and will continue to meet with proof of appropriate documentation the 51% production threshold requirement contained in the Agriculture and Markets Guidelines, and which does not conduct activities that are "not a part of a farm operation" as defined hereunder. If an agribusiness use is proposed for activities that "are not part of a farm operation" as defined hereunder, an application for a special permit may be made to the Zoning Board. It is intended that such review and approval by said Board(s) will authorize such uses in appropriately buffered areas which will minimize the impact of said innovative activities on Town residents. It will do so by permitting such farm operations including agricultural tourism/agribusiness while protecting the comfort and safety of its residents by imposing reasonable restrictions on said farm operations, including those relating to hours of operation, appropriate buffers to any resulting light, dust and noise, and by regulating parking and traffic.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any farm activity, including, but not limited to, activities relating to production and/or sales of alcohol-related products, including a brewery, cidery, distillery, meadery, microbrewery and winery, as well as farm activities relating to corn mazes, lavender farms, sunflower farms and other similarly innovative farm activities as further defined as agricultural tourism hereunder. Permanent roadside stands selling agricultural or garden products which are predominantly produced in the Town of Cambria or which are part of a farm operation as defined hereunder are regulated by § 288-300L are not subject to the provisions of § 288-1130. Farm operations that only grow, process and sell their crops, and which do not involve the public coming onto the farm for any purpose other than to purchase the farm's crop, are also not subject to the provisions of § 288-1130.
A brewery, cidery, distillery, meadery, microbrewery or winery licensed under the Alcohol Beverage Control Law or as otherwise defined hereunder as an agribusiness that does not meet the 51% production threshold requirement contained in Agriculture and Markets Guidelines.
Activities such as live music, food trucks, vendors, pop-up boutiques, showers, craft shows, hot air balloon rides, fireworks, pedal karts, cow train and other similar activities beyond the customary meaning of a "farm operation" in the Agriculture and Markets Law.
Includes on-farm wedding receptions, parties and special events (e.g., harvest festivals or distillery, brewery, cidery, meadery, microbrewery, wine pairing dinners and wine tastings), including wholly charitable events, held on farms which market their crops as wine, beer, cider, mead and distilled spirits and other Agribusiness related activities, and which help market the farm operation's product as per Agriculture and Markets Guidelines.
A brewery, cidery, distillery, meadery, microbrewery or winery licensed under § 76 of the Alcohol Beverage Control Law or other applicable law that is a "farm operation" under Agriculture and Markets Law § 305-a which meets and will continue to meet with proof of appropriate documentation the 51% production threshold requirement contained in Agriculture and Markets Guidelines.
A brewery, cidery, distillery, meadery, microbrewery, winery and any other agribusiness that is a farm operation, pursuant to § 288-1130B above which will not engage in any activities that are not part of a "farm operation" as defined hereunder and which documents as required by law that it is a farm operation as defined in § 288-1130B above may conduct said agribusiness, provided it obtains a site plan approval pursuant to § 288-1130J below. Otherwise, if an applicant wishes to engage in agribusiness activities that are not solely part of a farm operation as defined hereunder, it may proceed in accordance with this section by making an application to the Zoning Board for a special permit pursuant to § 288-1130F, as well as an application to the Planning Board for site plan approval pursuant to § 288-1130J.
Nothing contained herein shall require any brewery, cidery, distillery, meadery, microbrewery or winery existing on the effective date of the enactment of this section that is a "farm operation" as defined hereunder to obtain a special permit and/or site plan approval to participate in Niagara County Wine Trail events or for private events, including, but not limited to weddings, wine pairing dinners, painting classes, baby, wedding, etc., showers, private parties, pig roasts, etc., provided such events are conducted in compliance with all applicable laws, including the Town of Cambria Noise Ordinance,[1] and provided such events are concluded not later than 10:00 p.m.
The Zoning Board may grant a special permit for a brewery, cidery, distillery, meadery, microbrewery, winery or other agribusiness activity that requests permission to engage in at least some "activities that are not part of a farm operation" as defined hereunder in the A-R District, provided applicant's site plan meets or exceeds the following requirements:
Front yard setback for all structures and activities shall be a minimum of 125 feet.
Side and rear yard setbacks for all structures and activities shall be at least 125 feet.
Adequate off-street parking for employees' and customer's vehicles.
Adequate off-street parking for larger vehicles such as buses and limousines.
Appropriate driveway areas for ingress and egress for all vehicles referenced in § 288-1130E(3) and (4) above.
The special permit application.
Upon receipt of a complete special permit application, the application shall be referred to the Planning Board for its report or recommendation.
The Zoning Board shall coordinate the scheduling of a public hearing with the anticipated time of receipt of the Planning Board's report or recommendation.
After consideration of the Planning Board's report or recommendation, input received from the public hearing and all other information before it, including the application for the special permit, the Zoning Board shall determine whether such special permit should be granted, and if so, upon what terms and conditions.
The special permit application shall include the following submittals:
Comprehensive written statement of the proposed use, including name, address and telephone number of applicant, address of property, total acreage of the property, business plan specifying product being marketed, days and hours of operation, and farm and nonfarm activities applicant proposes to conduct, either initially or in the future, including such innovative agribusiness activities it wishes to conduct, and any other documentation applicant wishes to submit in support of the application for the special permit.
Plot plan showing dimensions and location of all existing and proposed structures located on property, including setbacks from front, side and rear property lines, location and width of driveways for ingress and egress, location of parking areas, and location and number of acres that will be planted with existing and proposed crops. It is anticipated that crops will be grown in areas near the respective front, side and rear property lines to serve as a buffer to minimize any noise, dust and light concerns.
Location of all residences and other buildings located within 500 feet of applicant's subject property.
Whether applicant proposes events or instances where more than 100 members of the public will be occupying the property at the same time, including detailed information regarding such events to assist the Zoning Board in its determination hereunder.
Such other information as may be requested by the Zoning Board.
The Zoning Board may grant a special permit for a brewery, cidery, distillery, hops farm, meadery, microbrewery or winery or other agribusiness that is not a farm operation as defined in § 288-1130B located in the B-1, B-2 or Industrial Districts which meets applicable setback requirements for structures located in said Zoning Districts, subject to the procedures contained in § 288-1130F and subject to applicant meeting the requirements of § 288-1130E(3) through (5). Site plan approval pursuant to § 288-1130J shall also be required for special permits granted pursuant to this section.
The special permit application referenced in § 288-1130G above shall include the same submittals that are required in § 288-1130F(4).
The site plan application.
Upon receipt of a complete site plan application, the Planning Board shall schedule said application to be heard before the Board as soon as practicable.
After reviewing the application for the special permit (if applicable), and application for site plan approval, the Planning Board shall make a report or recommendation to the Zoning Board regarding the application for a special permit (if applicable), and also, (if applicable), issue a preliminary site plan approval upon such terms and conditions as the Planning Board may deem just and proper.
The Planning Board may, in its sole discretion, schedule a public hearing to assist it in obtaining input to assist in its preparing its report or recommendation, and in its determination on whether to grant preliminary site plan approval.
The application for site plan approval shall include the following submittals:
All information submitted as part of the special permit application.
Description of any structures proposed to be constructed on premises, including height, type of facade, type of roof, and color thereof.
Confirmation of whether or when driveways and/or parking areas will be paved, and if so, when they will be paved. In addition, applicant shall provide confirmation from the Town of Cambria Highway Superintendent, Niagara County Department of Public Works or New York State Department of Transportation that the proposed driveway entrance is sufficient to handle anticipated traffic regarding both ingress and egress to the property, as well as permission to place said entrance in the location proposed, if applicable.
Unless specifically addressed in another submittal referenced herein, what brewery, cidery, distillery, meadery, microbrewery, winery or other agribusiness marketing activities applicant proposes to engage in, both initially and in the future, together with applicant's plan to comply with applicable Niagara County Health Department regulations and Town of Cambria ordinances including, but not limited to, the Town of Cambria Noise Ordinance,[2] to minimize the impact of said activities on neighboring properties, etc.
What brewery, cidery, distillery, meadery, microbrewery, winery or other agribusiness activities that are not part of a farm operation applicant proposes to engage in, together with applicant's plan to comply with applicable Niagara County Health Department regulations and Town of Cambria ordinances including, but not limited to the Town of Cambria Noise Ordinance,[3] to minimize the impact of such activities on neighboring properties, etc. If such activities are proposed, a special permit pursuant to § 288-1130E hereunder shall be required.
Location of any outdoor storage, if any.
Location, design and construction materials of all existing or proposed site improvements, including drain, culverts, retaining walls and fences.
A description of the method of sewage disposal and location, size, flow direction, design and construction materials of such facilities.
A description of the method of securing public water and location, size, design and construction materials of such facilities, where applicable.
The location of fire hydrants.
The location, size, design and type of construction of all proposed signs.
The location and proposed development of all buffer areas, including the vegetative cover in specific detail for types of plantings, size and spacing.
The location, size and design of existing and proposed outdoor lighting facilities.
The extent to which food will be served upon said premises, and applicant's plans for compliance with applicable regulations, including those of the Niagara County Health Department.
The extent that live music is proposed to be performed, including location, days and hours of performances, and applicant's plan to comply with applicable Town of Cambria Ordinances, including, but not limited to the Town of Cambria Noise Ordinance.[4] If such activity is proposed, a special permit pursuant to § 288-1130E hereunder shall be required.
An estimated project construction schedule, if applicable.
A record of application for and status of all necessary permits from other governmental bodies, including those required by the Alcohol Beverage Control Law.
Identification of any permits from other governmental bodies required for the project's execution.
SEQRA form appropriate to the proposed project.
Such other information as may be requested by the Planning Board.
The Planning Board may grant a site plan approval for a brewery, cidery, distillery, meadery, microbrewery, winery or other agribusiness activity in the in the A-R District upon such terms and conditions as it deems appropriate if the application consists of a request to engage in activities that are exclusively a farm operation as defined hereunder, and provided applicant's site plan meets or exceeds the following requirements:
Front yards setback for all structures and activities shall be a minimum of 125 feet.
Side and rear yard setbacks for all structures and activities shall be at least 125 feet.
Adequate off-street parking for employees' and customer's vehicles.
Adequate off-street parking for larger vehicles such as buses and limousines.
Appropriate driveway areas for ingress and egress for all vehicles referenced in § 288-1130J(5)(c) and (d) above.
Any marketing activities that are part of a farm operation or activities that are not part of a farm operation that are not expressly permitted by a special permit or site plan approval granted hereunder shall be prohibited, unless the special permit or site plan is modified, or a special events permit is issued pursuant to § 288-1130P.
Existing wineries, etc. A special permit or site plan approval shall not be required hereunder in the event of new ownership unless there is an expansion in use, additional structures or change in activities on or after the effective date of these revisions to this chapter.
Sale or transfer of existing brewery, cidery, distillery, meadery, microbrewery, winery or agribusiness entity hereunder with special permit and/or site plan approval granted under this chapter. Upon written application by a new owner to have an existing special permit and/or site plan approval transferred from the prior owner to the new owner with no changes, the Zoning Board and/or Planning Board may issue a special permit and/or a site plan approval to the new owner containing the same conditions without the necessity of a public hearing. In the event the new owner proposes any new structures, any expansion in use or any change in use and/or activities, the provisions of this section shall apply, and such new owner must obtain a new special permit and/or site plan approval for said brewery, cidery, distillery, meadery, microbrewery, winery or agribusiness.
No provision of this § 288-1130 nor any provision of any other section of this chapter is intended to supersede or conflict with the New York Alcohol Beverage Control Law (NYS ABC Law). Any section hereof that may be determined to be in violation of the New York Alcohol Beverage Control Law shall be null and void and without legal effect.
A site plan review shall not be required hereunder for farm operations which only grow, process and sell its crops, and which does not conduct marketing activities in which the public comes onto the farm for any purpose other than to purchase its crops.
Special events permit.
Purpose. It is the intent of this section to establish procedures and requirements for conducting special events in the Town of Cambria to preserve the public peace, good order and the integrity of this chapter, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein.
Definitions. As used in this section, the following terms shall have the meanings indicated:
Number and type of vehicles permitted on-site pursuant to special events permit as may be approved by the Planning Board hereunder.
Any temporary gathering, performance, exhibition, amusement or other activity that is not currently a permitted use either under the Town of Cambria Chapter 288, Zoning, or pursuant to a validly granted special permit by the Zoning Board and/or a site plan approval by the Planning Board which may involve one or more of the following: anticipated attendance of more than 250 persons, closing of a public street, use of amplified sound exceeding the standards set forth in the Town of Cambria Noise Ordinance,[5] sale of merchandise that is not ordinarily sold in the course of applicant's business, sale or service of food to the public that is not otherwise permitted by a validly granted special permit by the Zoning Board and/or a site plan approval by the Planning Board, substantial disruption in the normal flow of traffic on any street or road or placement of portable toilets. Family gatherings such as reunions, birthday parties, graduation parties, private weddings, etc., as well as Niagara County Wine Trail scheduled events, are not considered special events hereunder. Any farm which contains seven acres or more which is permitted as a nonconforming use pursuant to § 288-1107 hereof may apply for a special events permit hereunder.
Permit required. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Cambria. Special events shall be prohibited in the Town of Cambria unless a special events permit is obtained in accordance with the requirements of this section.
Information required. The following information and materials are to be submitted with the application for a special events permit. The Planning Board may accept a single application for a recurring event or a series of events (not to exceed six in a three-month period) that are of a like size and scope).
A completed special events application form which includes the following information:
The name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials.
The address of the event location.
The proposed dates and hours of the special event, including the setup and shutdown times.
The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants.
Expected number of automobiles and other vehicles intended to use the property at one time and collectively, and proof of adequate off-road parking capacity as defined herein.
The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority License and Niagara County Health Department Permit number for the activity, if applicable.
The name, address and cellular number of any security company which will work on the premises, and a description of the duties to be performed, if applicable.
The dimensions of any tents or existing buildings to be utilized for the event. All tents erected in connection with an event and/or the use of existing buildings in connection with the event will require an application to, and the approval of, the Code Enforcement Officer of the Town of Cambria.
Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact.
The applicant must provide a certificate of general liability insurance naming the Town of Cambria as an additional insured with limits of $1,000,000 per occurrence or such other limit or condition as may be required by the Town of Cambria for events where expected attendance exceeds 500 attendees.
An application fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Applications that are submitted less than 60 days prior to the proposed event may be rejected or subject to a late processing fee as set by resolution of the Town Board.
A general description of the proposed event including the purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any.
A parking/event plan including the following:
The size of the property and its location in relation to abutting streets or highways.
The size and location of existing buildings or structures that will be in operation during the course of the event and any proposed building, structure, tent(s) or signs to be erected temporarily for the event.
The location of stages or tents, if any.
The designated area of use for spectators, exhibitors, vendors, food trucks, employees and organizers, as applicable.
The location of all entrances and exits.
The location of all fire extinguishers and other fire safety equipment, if any.
The location of all temporary utilities to be installed for the event, if any.
The layout of any parking areas for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 200 square feet per car. Such parking area shall provide for one parking space for every four persons expected to be in attendance.
A traffic control plan for vehicles entering and leaving the site for the proposed event.
A plan for the use of live music, loudspeakers and other sounds which will be used, if applicable.
A description of emergency access and facilities related to the event.
Provisions to dispose of any garbage, trash, rubbish or other refuse.
The location and a description of any additional lighting to be utilized in conjunction with the event.
The location of any sanitary facilities on-site, both permanent and portable.
A description of any signage to be displayed adjacent to Town, county or state road, including size, location and dates of display.
The Planning Board may require that the applicant send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the Town of Cambria assessment roll, and directly opposite (by extension of the lot lines through a street or road right-of-way) of the property that is the subject of the application. Said notice shall contain the date, time and location of the proposed special event.
Notwithstanding the foregoing, the Planning Board, upon request of the applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of the special event application in accordance with the standards set forth herein or for the protection of the health, safety and welfare of the community. The Planning Board's determination of any waiver shall be in writing and shall specify the reason for the grant or denial of such a waiver. If a waiver in whole or part is granted, the Planning Board may attach appropriate conditions to protect the public interest.
Application review procedure and standards.
All applications for a special events permit must be submitted at least 60 days prior to the proposed event to the Planning Board through the Code Enforcement Officer. Any application that is incomplete may not be accepted or processed.
When the Planning Board determines that said application is complete, the application and supporting documentation shall be distributed to any Town, county or state agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in this chapter and any other applicable law. Such referrals may include referral to the Niagara County Planning Board and the Town of Cambria Highway Superintendent.
The Planning Board may issue a special events permit without the necessity of a public hearing, but may, in its sole discretion, schedule a public hearing to obtain public input prior to its determination hereunder. In determining whether to grant a special events permit, the Planning Board shall consider the following:
The size and capacity of the site to accommodate the proposed event.
The facilities available.
The availability of highways and other means of transportation to and from the site.
The impact of the event on the safe and orderly movement of traffic within and contiguous to the event.
The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town.
The impact of the event on fire and police protection and ambulance service to areas contiguous to the event and to the Town in general.
The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event.
The impacts to adjacent property owners and the surrounding neighborhood.
Whether the owner, applicant or event sponsor has violated a previously issued special events permit.
Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Town, Zoning or Planning Boards.
Verification that the grant of the permit will not violate any existing covenants or easements on the property.
Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in impacts defined in § 288-1130P(5)(c)[4] through [8] above.
Whether the frequency of prior or proposed events on the site constitutes a change or intensification of the permitted use necessitating a special permit and site plan review, or a revision to an existing special permit or site plan review previously granted to applicant.
Any other matters that relate to the health, safety and welfare of the general public.
Deposits. If the Planning Board deems it appropriate, it may require an applicant to place a deposit with the Town to secure its compliance with the requirements of any special events permit granted hereunder.
A special events permit is not transferable and shall expire at the close of the event(s) for which it is issued.
The special events permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer upon request.
A special events permit is not required for events otherwise permitted by a special permit validly granted by the Zoning Board and/or a site plan approval validly granted by the Planning Board.
Tent permits. Applicant shall obtain a permit from the Town of Cambria Code Enforcement Officer for permission for the temporary installation of any tents it is requesting as part of its application.
Enforcement and penalties. Any person or organization conducting a special event that is to be regulated under this section without first obtaining a special event permit or failing to comply with the terms of a permit shall be subject to the penalties as set forth in § 288-1205.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No special events permit may be issued to any property owner, occupant and/or their agent if such person is named as a defendant in an outstanding or unresolved violation of this section.
The Town of Cambria may, in its sole discretion, maintain any action(s) or proceeding(s) in a court or courts of competent jurisdiction, for remedial action to cure a violation of this section including, but not limited to, compliance proceedings and/or injunctive proceedings.
§ 288-1131 Portable storage units, shipping containers, and CONEX boxes.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Portable storage units (also known as "PODS"®), shipping containers, and CONEX boxes cannot be placed in a front yard or driveway for more than 30 days. The storage unit, shipping container, or CONEX box cannot be placed in a location where it would block visibility at the roadway. The storage unit, shipping container, or CONEX box must be removed before the thirty-day period expires or a written request for an extension must be submitted to the Town Board prior to the expiration date for its consideration.
§ 288-1132 Battery energy storage systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For regulations on battery energy storage systems, see Chapter 63, Battery Energy Storage Systems.
§ 288-1133 Solar energy systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For regulations on solar energy systems, see Chapter 188, Solar Energy Systems.
§ 288-1134 Wind energy systems.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For regulations on solar energy systems, see Chapter 271, Wind Energy Systems.
§ 288-1135 Wireless telecommunications facilities.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For regulations on wireless telecommunications facilities, see Chapter 278, Wireless Telecommunications Facilities.