East Bloomfield City Zoning Code
ARTICLE IX
District Regulations
§ 135-41 Application of regulations.
The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all the regulations herein specified for the district in which it is located.
B.
No building or structure shall hereafter be erected or altered which:
(1)
Exceeds the height limitation for any structure within a specified district;
(2)
Accommodates or houses a greater number of dwelling units;
(3)
Occupies a greater percentage of lot area; or
(4)
Has narrower or smaller yards or other open spaces than herein required or is in any other manner contrary to the provisions of this chapter and the requirements of the New York State Uniform Code.
C.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building, except as provided in Article XII.
D.
No yard or lot existing at the time of enactment of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.
E.
Only two unlicensed, unregistered vehicles would be stored on any lot, behind the front line of the principle residence and within the setback requirements of an accessory structure within that district.
F.
The parking of not more than two unregistered motor vehicles for sale on the premises of the principal residential structure, subject to the following conditions:
[Added 8-22-2016 by L.L. No. 2-2016]
(1)
Up to five unregistered vehicles for which the resident holds title thereto may be sold or offered for sale in any twelve-month period.
(2)
Each vehicle to be displayed for sale shall require a temporary use permit issued by the Code Enforcement Officers and shall be affixed to the inside window of said vehicle. Said permit shall state the Town of East Bloomfield has no liability as to the warranty or condition of said motor vehicle.
(3)
Each temporary use permit shall be valid for a period of 60 days and may be renewed by the Code Enforcement Officer once for an additional period not to exceed 60 days.
(4)
In no event shall a vehicle be displayed for sale which exceeds 120 days during any twelve-month period commencing with the date of first issuance of the temporary use permit.
(5)
Each vehicle displayed for sale shall have a sign affixed to the vehicle's windshield advertising the vehicle for sale and the phone number of the owner. In addition, a single price sign may be affixed to the vehicle's windshield stating the asking price of the vehicle.
(6)
No unregistered vehicle advertised for sale shall be parked within any public right-of-way and not closer than 15 feet to a property line.
G.
A ground-mounted satellite dish is subject to the minimum setback requirements. Not more than one dish not more than 12 feet in diameter and 16 feet in height may be permitted for each property. A site development permit issued by the Code Enforcement Officer shall be required prior to erecting such satellite dish. (This regulation does not apply to TV satellite dishes three feet in diameter or smaller.) Although locations in side and rear yards are encouraged, a ground-mounted satellite dish may be located in a front yard if the applicant can demonstrate to the satisfaction of the Planning Board that locating the dish in either side or rear yard would not provide adequate reception.
[Added 8-22-2016 by L.L. No. 2-2016]
H.
Solar arrays. A building permit issued by the Code Enforcement Officer shall be required prior to erecting solar arrays. A building- or structure-mounted solar array must have a letter from a professional engineer or registered architect certifying that the existing structure can support the additional gravity and wind loads of the solar energy system.
[Added 8-22-2016 by L.L. No. 2-2016; amended 9-13-2021 by L.L. No. 4-2021]
(1)
Height restrictions. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(2)
Site plan review. Roof-mounted solar energy systems shall be exempt from site plan review under the local zoning code or other land use regulations. All solar energy system installations must be performed in accordance with all applicable electrical and building codes, manufacturer's instructions, and industry standards. Prior to the operation of the solar energy system, it must be inspected by the Code Enforcement Officer or by an appropriate electrical inspector or agency. When mechanical equipment, batteries, or storage cells are included as part of the solar energy system, they must be placed in a secure container or enclosure in compliance with New York State Building Code. Where site plan approval is required elsewhere in the regulations of the Town, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of the proposed solar energy system. Although locations in side and rear yards are encouraged, a ground-mounted solar panel may be located in a front yard if the applicant can demonstrate to the satisfaction of the Planning Board that locating such solar arrays in the side or rear yard would not provide adequate coverage.
(3)
Abandonment. When no longer in use, solar energy systems shall be disposed of in accordance with the laws and regulations of Ontario County and other applicable laws and regulations. If a solar energy system ceases to perform its originally intended functions for more than 12 consecutive months, it will be deemed abandoned and shall be removed within 90 days. Applications for extensions are reviewed by the Code Enforcement Officer. Extensions are limited to 90 days.
(4)
Reflective glare. All solar panels and solar energy systems shall be situated to prevent reflective glare toward any inhabited buildings, adjacent properties, or public roads.
(5)
Setbacks. A ground-mounted solar array is subject to the minimum setback requirements for an accessory structure. Height and setbacks for ground-mounted solar energy systems shall adhere to the setback requirements and a maximum height of 15 feet.
§ 135-42 AR-2 Agricultural Rural Residential District.
A.
Purpose. The purpose of the AR-2 Agricultural Rural Residential District is to encourage a proper environment to foster normal agricultural operations and rural residential land uses; to maintain an open rural character of the community; to protect viable agricultural soils; to assure compatible types and densities of rural development on lands where public sewers and water service do not exist and are not envisioned in the near future; and to protect groundwater quality to the greatest extent possible by controlling development over established aquifers.
B.
Permitted principal uses.
(1)
Normal agricultural farming operations and the use of land for agricultural production purposes, including the keeping, breeding and raising of cattle, d airy farms (including dairies), sheep, goats, pigs, fowl and horses.
(2)
Buildings and structures used in support of exclusive agricultural operations.
(3)
Boarding of animals, excluding the renting or leasing of animals or kennels associated with exclusive farm operations, provided that no kennel, stable or shelter for such animal shall be closer than 100 feet to the boundary of any other zone district.
(4)
Single-family dwellings, not to exceed one principal structure per lot. Where two or more single-family dwellings exist on a lot of record at the time of enactment of this chapter, each dwelling shall conform to the requirements of this chapter which otherwise would be applicable to each single-family dwelling if it were on a separate lot of record.
(5)
The rendering, slaughtering and dressing of animals raised on the premises and located on a lot of record having at least five acres of land.
(6)
The keeping, breeding and raising of cattle sheep, goats and horses associated with exclusive rural residential uses, subject to the following restrictions:
(a)
No stable, similar animal housing or confining areas shall be allowed on lots of less than five acres.
(b)
No structure housing up to five animals shall be located closer than 100 feet to any property line. No structure housing more than five such animals shall be located closer than 150 feet to any property line.
(c)
There shall be no piling of manure within 200 feet of a lot line.
(d)
Horses.
[Added 8-22-2016 by L.L. No. 2-2016]
[1]
One to two horses are required to have a minimum lot size of two acres and are subject to a special use permit and site plan review.
[2]
Three to five horses are required to have a minimum lot size of five acres with no review required, an additional acre per horse for six to 10 horses, and an additional 1/2 acre per horse over 10 horses.
(7)
The keeping, breeding and raising of pigs and fowl when associated with an exclusive agricultural operation and subject to the following restrictions:
(a)
All fowl shall be confined in shelters which shall not be any closer than 150 feet to any property line.
(b)
Wet litter disposal operations shall be permitted only under the following conditions:
[1]
All buildings containing pigs, fowl or litter shall not be any closer than 150 feet from any street or lot line and no closer than 750 feet from the nearest residence building on an adjacent lot.
[2]
The storage area of the liquid tanks shall be no smaller than the floor area of the confine.
[3]
The liquid storage tanks shall be at least six feet deep.
[4]
Sludge or other products produced by the operation must be stored in a tank or suitable container until removed.
(8)
Public parks and recreational sites.
(9)
Manufactured homes (mobile homes).
[Added 12-16-1996 by L.L. No. 4-1996]
(a)
The siting of single-wide manufactured homes shall be permitted only in mobile home parks within the Town of East Bloomfield, unless said manufactured home is sited in accordance with § 135-42C(9) of this chapter.
(b)
A single-wide manufactured home sited under the provisions of this chapter shall have a living area of not less than 750 square feet. If the manufactured home sought to be sited is a double-wide, it shall have a living area of not less than 960 square feet and shall be at least 20 feet wide.
[Amended 1-22-2001 by L.L. No. 1-2001]
(c)
A double-wide factory manufactured home installed in a mobile home park or on its own building lot shall be owned by said applicant and shall be used solely for single-family residential occupation.
(d)
Each double-wide manufactured home sited on its own building lot must be on a full perimeter foundation with concrete or concrete block foundation walls extended below the frost line and must be affixed to said foundation strictly in accordance with the manufacturer's specifications.
(e)
All manufactured homes newly sited in the Town of East Bloomfield shall be required to meet all federal, state and local laws at the time of application.
C.
Permitted accessory uses and structures.
(1)
Private garages or carports for the parking of automobiles of residents on the premises.
(2)
Customary accessory structures serving residential uses, including, but not limited to, private swimming pools, hot tubs and storage buildings, all subject to the provisions of this chapter.
(3)
Customary farm accessory buildings for the storage of products or equipment or shelter of animals all subject to the provisions of this chapter.
(4)
Permanent and temporary structures for the display of agricultural and nursery products grown principally by the operator subject to the following restrictions. (See "farm stand" definition.)
[Amended 6-10-2024 by L.L. No. 3-2024]
(a)
Permanent structures.
[1]
Permanent structures shall not exceed 2,000 square feet of floor area.
[2]
Not more than 1/2 of the total floor area shall be for the display and sale of nonagricultural-related products.
[3]
Such structures shall conform to the minimum setback requirements for accessory buildings in this district as specified in the schedule.
[4]
Provide enough parking so that all parking will be on premises and out of the public way. Sufficient land shall be banked for future parking needs. At no time shall there be parking on any public street or highway.
(b)
Stands of a nonpermanent nature (movable and temporary).
[1]
The stand shall not exceed 500 square feet of floor area and shall be set back not less than 30 feet from the edge of the pavement of the highway and outside the highway right-of-way.
[2]
Provide enough parking so that all parking will be on premises and out of the public way. Sufficient land shall be banked for future parking needs. At no time shall there be parking on any public street or highway.
(5)
Roadside produce stands of a nonpermanent nature (movable and temporary) on parcels with less than seven acres of land and not having an Ag exemption may be utilized for the sale of seasonal agricultural products grown principally by the operator, under the following conditions:
[Amended 6-10-2024 by L.L. No. 3-2024]
(a)
The stand shall not exceed 500 square feet of floor area and shall be set back not less than 30 feet from the edge of the pavement of the highway and outside the highway right-of-way.
(b)
The ground display area for produce shall not exceed twice the size of the stand and shall be located behind the front of the stand away from on-site parking area and site access.
(c)
Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on-site. At no time shall there be parking on any public street or highway.
(d)
Signage will be allowed only on the site and only during the seasonal use of the structure.
(6)
A ground-mounted satellite TV dish antenna subject to the minimum setback requirements. Not more than one dish not more than 12 feet in diameter and 16 feet in height may be permitted for each property. A site development permit issued by the Code Enforcement Officer shall be required prior to erecting such dish antennae. Although locations in side and rear yards are encouraged, a ground-mounted satellite TV dish antenna may be located in a front yard if the applicant can demonstrate to the satisfaction of the Planning Board that locating the dish in either the side or rear yard would not provide adequate reception.
(7)
Tennis courts for private use.
(8)
Home occupations or home professional occupations. The Code Enforcement Officer may approve a site development permit for a home occupation or a home professional occupation in this district, provided that the following standards are maintained:
[Amended 6-9-2003 by L.L. No. 1-2003]
(a)
All home occupations shall be conducted only in the dwelling, which is the principal residence of the practitioner, or an accessory structure on the same parcel. The enterprise shall not occupy more than 25% of the dwelling. It may occupy any portion of an accessory structure. In no circumstances shall the enterprise occupy in excess of 500 square feet.
(b)
In no way shall the appearance of the property be altered or the occupation be conducted in a manner which alters the residential nature of the parcel. A minimum of two off-street parking spaces will be required for customers and employees. No outside storage of vehicles, equipment, products or material used by the home occupation will be allowed.
(c)
Not more than one full-time or two part-time nonresidents of the home shall be employed per residential unit.
(d)
No use shall create noise, traffic, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other nuisance or hazard to a greater or more frequent extent than a typical residential use in the neighborhood.
(e)
Retail sales are acceptable, provided the product is manufactured on the premises or is incidental to the service provided. No products are to be displayed on the property outside the residence. There shall not be anticipated more than one customer visit at a time.
(9)
Mobile home dwelling units when used in conjunction with an established agricultural operation subject to the following restrictions:
(a)
The minimum parcel of land on which mobile home dwelling units can be located is 10 acres. The total number of mobile home dwelling units allowed shall not exceed an overall density of one unit per acre.
(b)
Each mobile home dwelling unit shall be for single-family use only and must be maintained by the owner of the agricultural property.
(c)
Each mobile home dwelling unit shall be used exclusively for the residence of a full-time employee, retained by the property owner, engaged in the customary agricultural and farming operations. In the event that a mobile home dwelling unit becomes vacant for a period of 12 months, said unit shall be removed from the property. Each new occupant shall require a new certificate of occupancy to be issued by the Code Enforcement Officer.
[Amended 8-22-2016 by L.L. No. 2-2016]
(d)
Each unit shall have a potable water supply and septic system.
(e)
Each dwelling unit and its water/septic system shall be shown on a site plan approved by the Planning Board, in accordance with Article XI of this chapter.
(f)
No permanent accessory structures shall be attached to a mobile home dwelling unit unless site plan approval has been granted by the Planning Board.
(g)
Each dwelling unit shall meet all code requirements and be skirted and tied securely to the ground.
(h)
Off-street parking shall be provided for each mobile home dwelling unit.
(10)
[1]Other accessory uses not specified herein may be approved by the Town Planning Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use and consistent with the intent of the zone district and this chapter.
[1]
Editor’s Note: Former Subsection C(10), concerning the parking of two unregistered motor vehicles for sale at a principal residential structure, was repealed 8-22-2016 by L.L. No. 2-2016, which local law redesignated former Subsection C(11) as Subsection C(10). Regarding the parking of unregistered motor vehicles for sale, see § 135-41F.
D.
Special permitted uses approved by Planning Board. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Town Planning Board:
(1)
Essential services, public utilities or communications installations.
(2)
Public and semipublic uses and buildings.
(3)
Private or commercial airstrips.
(4)
Campgrounds.
(5)
Stables or riding academies where animals are boarded, rented or leased.
(6)
Kennels.
(7)
Windmills or wind generators.
(8)
Keeping of animals on parcels less than five acres.
(9)
Tourist homes/bed-and-breakfast establishments.
[Amended 2-24-1992 by L.L. No. 1-1992]
(10)
Special entertainment uses/events.
[Added 2-26-1992 by L.L. No. 1-1996]
(11)
Firewood cutting and sales.
[Added 8-22-2016 by L.L. No. 2-2016]
(12)
Accessory residential dwellings.
[Added 6-28-2021 by L.L. No. 1-2021]
(13)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
G.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI, of this chapter.
§ 135-43 RR-1 Rural Residential District.
A.
Purpose. The purpose of the RR-1 Rural Residential District is to promote the orderly development of single-family and two-family sites located in rural areas of the community where neither public water or sewer exists; to maintain a transitional low density residential zone between the AR-2 Agricultural Rural Residential District and the R-1-30 Residential District; and to maintain the rural character of the community.
B.
Permitted principal uses.
(1)
One single-family dwelling per one acre minimum lot.
(2)
One two-family dwelling unit per 1 1/2 acres minimum lot.
(3)
Normal agricultural farming operations and the use of land for agricultural production purposes, including the keeping, breeding and raising of cattle, dairy farms (including dairies), sheep, goats, pigs, fowl and horses.
(4)
Buildings and structures used in support of exclusive agricultural operations.
(5)
The keeping, breeding, and raising of cattle, sheep, goats and horses associated with exclusive rural residential uses, subject to the following restrictions:
(a)
No stable, similar animal housing or confining areas shall be allowed on lots of less than five acres.
(b)
No structure housing up to five animals shall be located closer than 100 feet to any property line. No structure housing more than five such animals shall be located closer than 150 feet to any property line.
(c)
There shall be no piling of manure within 200 feet of a lot line.
(6)
Public parks and recreational sites.
(7)
Manufactured homes (mobile homes) (see § 135-42B(9)).
[Added 12-16-1996 by L.L. No. 4-1996]
C.
Permitted accessory uses and structures. Those uses first listed and regulated in § 135-42C above are also permitted and regulated as accessory uses in the RR-1 Rural Residential District.
[Amended 8-22-2016 by L.L. No. 2-2016]
D.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Town Planning Board.
(1)
Essential services, public utilities or communications installations.
(2)
Public and semipublic uses and buildings.
(3)
Kennels.
(4)
Windmills or wind generators.
(5)
Residential conversions.
(6)
Barbershops and beauty shops.
(7)
Nursery or day-care centers.
(8)
Keeping of animals.
(9)
Tourist homes/bed-and-breakfast establishments.
[Amended 2-24-1992 by L.L. No. 1-1992]
(10)
Special entertainment uses/events.
[Added 2-26-1996 by L.L. No. 1-1996]
(11)
Accessory residential dwellings.
[Added 6-28-2021 by L.L. No. 1-2021]
(12)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
E.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI of this chapter.
§ 135-44 R-1-30 Residential District.
A.
Purpose. The purpose of the R-1-30 Residential District is to promote orderly single-family development on sites that have public water but no public sewers; to maintain a transitional residential density zone between the RR-1 District and the Village of Bloomfield Zoning Districts; and to maintain the rural residential character of the community.
B.
Permitted principal uses.
(1)
One single-family dwelling per lot.
(2)
Public parks and playgrounds.
(3)
Manufactured homes (mobile homes) (see § 135-42B(9)).
[Added 9-16-1996 by L.L. No. 4-1996]
C.
Permitted accessory uses and structures.
(1)
Private garages or carports for the parking of automobiles of residents on the premises.
(2)
Customary accessory structures serving residential uses, including, but not limited to, private swimming pools, hot tubs, storage buildings and greenhouses, pet shelters and fireplaces.
(3)
Other accessory uses not specified herein may be approved by the Town Planning Board, provided that the Board determines that such uses are clearly accessory to the permitted principal use and consistent with the purpose and intent of the zone district and this chapter.
D.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article X, provided that a special use permit is approved by the Town Planning Board:
E.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI of this chapter.
§ 135-45 MR Multiple Residence District.
A.
Purpose. The purpose of the MR Multiple Residence District is to permit, where appropriate, the construction and development of multiple-family residences in the town. At the same time, the Town does not desire the large-scale development of these units to the extent that large areas of the Town would be devoted to such use and single-family residences would be incompatible. Accordingly, additional areas may be zoned as a MR District upon application for a specific proposal in accordance with the normal rezoning procedures. In reaching its decision, the Town Board shall consider the general criteria set forth in this chapter, the most current Master Plan for the Town and this statement of purpose. Areas proposed to be zoned MR shall be served by sanitary sewers and public water.
B.
Permitted principal uses. The following uses are permitted in the MR District:
(1)
Apartment houses, multiple dwellings and dwelling groups, condominiums and cooperatives in accordance with standards set forth in § 135-47 of this chapter.
(2)
Two-family dwelling unit structures.
(3)
Public and semipublic uses and buildings, excluding maintenance, storage or repair facilities.
(4)
Public or private schools accredited by the New York State Department of Education.
D.
Special permitted uses. The following uses may be permitted, consistent with the provisions of Article X, provided that a special use permit is approved by the Town Planning Board:
[Amended 8-22-2016 by L.L. No. 2-2016]
(1)
Home occupations [see AR-2 District, Subsection C(8), for standards].
(2)
Essential services, public utility substations and uses, excluding power plants or repair yards and warehouses or uses similar in nature.
(3)
Townhouse clusters and developments.
(4)
Rooming houses.
(5)
Residential conversions.
(6)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
E.
Dimensional requirements and design standards.
(1)
The dimensional requirements for this district are specified in Schedule I of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(2)
In addition to the dimensional requirements set forth in Schedule I,[2] the following site design standards shall be applicable to all townhouse dwelling unit and multiple-dwelling unit developments:
(a)
Townhouse dwelling unit site design standards.
[1]
Tract area. The minimum tract area for townhouse development shall not be less than three acres.
[2]
Density. Overall site density shall not exceed five dwelling units per gross acre, and not more than eight dwelling units shall be allowed on any one acre of land.
[5]
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.
[6]
Each townhouse dwelling unit grouping shall contain not more than seven units.
[7]
Parking requirements. Requirements for off-street parking as provided in Article XII of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that such lots shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve. In addition to the standards required in Article VIII, the following standards shall be met:
(b)
Apartments and multiple-family dwelling units site design standards:
[1]
Tract area. The minimum tract area for apartments and multiple-family dwelling developments shall not be less than three acres.
[2]
Density. Density shall not exceed eight dwelling units per gross acre.
[3]
Floor areas. Minimum floor areas, exclusive of common areas such as halls, foyers and basement utility areas, shall be as follows:
[4]
Open space. There shall be at least 400 square feet of common open space exclusive of the required setback areas, buffer strips and parking areas which shall be designated for recreation, active and/or passive, for each multiple-dwelling unit.
[5]
Apartment buildings or multifamily dwellings shall contain no more than eight dwelling units.
[7]
Unit design standards. Each multiple-family dwelling unit building within a multiple-family development site shall be regulated as follows:
[a]
Minimum distance between buildings shall be 50 feet.
[b]
Direct line of sight visibility, from front to rear, from one building to another, shall not be less than 100 feet.
[c]
Every building shall have a minimum setback of 25 feet from all interior roads, driveways and parking areas.
[d]
A strip of land around each multiple-family building, at least six feet in width, shall be kept completely open, except for foundation plantings of less than six feet in height.
[e]
Court yards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
[f]
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.
[g]
All stairways to the second floor or higher shall be located inside the building.
[8]
Access to public roads.
[a]
All apartment and/or multiple-family dwelling developments shall have direct access to a public road.
[b]
Where there are 12 or more dwelling units in a development, access from the common parking area(s) to the public road must be provided by either a private driveway or a road dedicated to the Town by the developer.
[c]
Where there are 50 or more dwelling units in a development, the Town Planning Board may require an additional access, to that required above, to a public road as a condition of site plan approval.
[d]
In no event shall the Town Planning Board allow more than 150 units to be served by one access to a public road.
[9]
Services.
[a]
Each dwelling unit shall contain complete kitchen facilities and toilet, bathing and sleeping facilities.
[b]
There shall be a minimum common storage area in each building for bicycles, perambulators and similar types of equipment of 40 square feet in area, a minimum of five feet in height and not less than four feet in width per each dwelling unit.
[c]
Within each building there shall be sufficient laundry, drying and other utility areas.
[d]
Garbage storage areas shall be provided for each building. Such facilities shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Site plan approval. No site preparation or construction shall commence until site plan approval has been approved by the Planning Board and permits have been issued by all governmental agencies involved, for any development within the MR Multiple Residence District.
§ 135-46 CC Community Commercial District.
A.
Purpose. The purpose of the CC Community Commercial District uses is to provide a range of integrated and planned commercial areas and facilities necessary to serve the needs of the population of the Town and traveling public.
B.
Permitted principal uses.
(1)
Generally recognized retail businesses which supply commodities on the premises for persons such as, but not limited to, groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions.
(2)
Personal service establishments which perform services on the premises such as, but not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barbershops, banks, photographic studios and self-service laundries.
(3)
Shopping centers, malls, plazas or other grouping of commercial uses and buildings.
(4)
Dry-cleaning establishments or pickup stations, dealing directly with consumer. Central dry-cleaning plants serving more than one retail outlet shall be prohibited.
(5)
Hardware stores, garden supply stores, paint and wallpaper stores, excluding outside storage.
(6)
Liquor stores.
(7)
Newsstands and card shops.
(8)
Florists.
(9)
Restaurants, excluding drive-in restaurants.
(10)
Dance, art and music studio.
(11)
The sale, lease or rental of new and used vehicles, provided that:
(a)
Such sales shall be conducted in a fully enclosed building located on the same lot and having a building area of not less than 5,000 square feet devoted to the sales and services of vehicles.
(b)
The sale of new and used vehicles may be carried on in an unenclosed area, provided that:
[1]
Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall, further, be in the same ownership as said building; be in a Community Commercial (CC) District; and be used for no other purpose.
[2]
Such unenclosed area shall be paved, shall be suitably drained and shall be maintained in a neat and orderly manner.
[3]
All exterior illumination shall be approved by the Planning Board and shall be shielded from the view of all surrounding properties and streets.
[4]
Suitable landscaping and/or fencing of such unenclosed area shall be required and approved by the Planning Board.
[5]
As used in this section, the sale of new vehicles shall be deemed to mean only the sale of such vehicles under a franchise granted to the person, firm or corporation conducting such business by a vehicle manufacturer. Used vehicles shall be sold only in connection with the sale of new automobiles.
(c)
No establishment for the sale of new and used vehicles shall be opened, conducted or maintained, except as provided above. Site plans for any changes required to bring about such conformance shall be submitted to and approved by the Planning Board before any such change shall be made. The Planning Board may approve, modify or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
(12)
Commercial uses, such as gift shops, tourist shops, clothing stores, furniture stores, craft shops, appliances, sporting goods, shoe and grocery stores.
(13)
Electrical, heating, plumbing stores or woodworking shops.
(14)
Commercial greenhouses and garden/lawn supplies.
C.
Permitted accessory uses and structures.
[Amended 8-22-2016 by L.L. No. 2-2016]
(1)
More than one commercial permitted use/business will be allowed on a single lot in the Community Commercial District. Such multiple use/business will be subject to site plan review by the Town Planning Board. Additional use/business has to be compatible with existing use/business on the parcel. Such additional use/business must meet signage and parking regulations within this chapter.
(2)
Private garages and storage buildings which are necessary to store any commercial vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
(3)
Outdoor storage of products sold on the premises, provided that such areas are not located in the front yard portion of the lot. All outdoor storage areas shall be fenced on all sides, except those immediately adjacent to the side of a building.
D.
Special permitted uses. The following uses may be permitted in the CC Community Commercial District consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board.
(1)
Essential services.
(2)
Motor vehicle service stations, auto repair shops and used vehicle sales.
(3)
Public and semipublic uses and buildings.
(4)
Car wash establishments.
(5)
Rental of trucks, trailers, etc., associated with gasoline service stations or other uses.
(6)
Self-service gasoline dispensing units.
(7)
Drive-in restaurants.
(8)
Commercial storage buildings and mini-warehouses.
(9)
Hotel or motel.
(10)
Flea markets and outside sales.
(11)
Outdoor commercial recreation uses.
(12)
Tourist homes/bed-and-breakfast establishments.
[Amended 2-24-1992 by L.L. No. 1-1992]
(13)
Special entertainment uses/events.
[Added 2-26-1996 by L.L. No. 1-1992]
(15)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
E.
Dimensional requirements. The dimensional requirements in the CC Community Commercial District are specified in the Zoning Schedule I, which is part of this chapter.[2]
[Amended 8-22-2016 by L.L. No. 2-2016]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
F.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI of this chapter.
G.
Off-street parking, loading and access regulations. The off-street parking, loading and access regulations are specified in Article XII of this chapter.
I.
Porta potties. Porta potties used other than for temporary use during construction or for special events will be buffered from view of the front lot line. Such buffering will be of equal or greater height of the porta potties structure. Such porta potties will meet the current OSHA guidelines.
[Added 8-22-2016 by L.L. No. 2-2016]
§ 135-47 LI Limited Industrial District.
A.
Purpose. The purpose of the LI Limited Industrial District is to permit, where appropriate, the construction of facilities for research and development oriented industries; high technology and/or light manufacturing operations; and warehousing. Areas for this zoning shall be identified by the Town Board or upon applications. Areas shall be zoned as LI Limited Industrial Districts in accordance with the normal rezoning procedures. In reaching its decision, the Town Board shall consider the general criteria set forth in this chapter, the current Master Plan for the Town and this statement of purpose.
B.
Permitted principal uses.
(1)
Laboratories engaged in research, testing and experimental work, including any process normal to laboratory practice and technique.
(2)
The manufacture, compounding, assembling and/or treatment of articles or merchandise from previously prepared materials, provided that no chemical process is involved in the manufacturing process.
(3)
The manufacture and/or assembly of electronic devices and electrical appliances, provided that all necessary and approved safeguards are employed to prevent hazard and annoyance to the community.
(4)
The manufacture and/or assembly of musical instruments, novelties, toys or related products, business machines and custom built boats.
(5)
The manufacture, compounding, processing and storage of candy and confections, frozen foods, cosmetics, pharmaceutical products, toiletries and food products.
(6)
Warehousing facilities.
(7)
The manufacture of precision tools.
(8)
Machine shop operations.
(9)
Agribusiness operations.
(10)
Other light industrial uses which, in the opinion of the Board of Appeals, are similar in nature and scale to those identified herein.
C.
Permitted accessory uses and structures.
(1)
Customary accessory uses, including, but not limited to, loading and unloading docks and areas designed as an integral part of the LI Light Industrial development and scaled for the exclusive use of the development.
(2)
Parking areas for employee and visitor parking.
(3)
Fencing in accordance with the provisions of this chapter.
D.
Special permitted uses. The following uses may be permitted in the LI Light Industrial District consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board.
(1)
Essential services.
(2)
Public and semipublic uses and buildings.
(3)
Commercial storage buildings, including mini-warehouse facilities.
(4)
Windmills or wind generators.
(5)
Communication towers.
(6)
Special entertainment uses/events.
[Added 2-26-1996 by L.L. No. 1-1992]
(7)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
F.
Prohibited activities. No land, building or premises may be used in any way which will cause or result in:
(1)
Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration or excessive light beyond the immediate site of the building or buildings in which such use is conducted.
(2)
Menace to neighboring properties by reason of fire, explosion or other physical hazard, including radiation.
(3)
Harmful discharge of waste materials, including refuse and airborne or waterborne wastes.
(4)
Unusual traffic hazards or congestion.
G.
General provisions.
(1)
All processing of materials, including fabrication, shall occur indoors. There shall be no outside parking of machinery, equipment or commercial vehicles, except during business hours.
(2)
There shall be no outside storage of material, raw, processed or partially processed, in bulk or packages, except during actual construction on the site. There shall be no outside stock piles or storage racks.
(3)
All equipment for the handling of material and processes shall be enclosed in a suitable building. Equipment as used in this section includes, but is not limited to, conveyors, elevators, storage silos, hoppers, storage tanks and unloading docks.
(4)
All waste, scrap, refuse, empty containers, drums, bottles and cartons shall be stored in suitable closed containers and disposed of in a manner acceptable by the town.
(5)
Notwithstanding any other provisions, side and rear setbacks adjacent to any residential district shall be a minimum of 75 feet, of which 20 feet thereof shall be used to create a screened buffer zone. Such screening shall not be less than four feet in height and may be accomplished by deciduous and/or evergreen plantings or by a fence of acceptable design. All such buffers and screenings shall be property maintained by the owner or owners of the screened industrial property.
H.
Site plan approval. Site plan approval shall be secured as required in Article XI of this chapter.
§ 135-48 GI General Industrial District.
A.
Purpose. The purpose of the GI General Industrial District is to provide for the establishment of industries, essential to the community's economic development; maintenance of a well-balanced industrial environment; and not be detrimental to other adjacent developments or to the general community health, safety or welfare of the community.
B.
Permitted principal uses.
(1)
Uses permitted and special permitted in the LI District.
(2)
Lumberyards.
(3)
Truck, minibike, motorcycle and snowmobile sales and service; auto sales, new and used; and modular homes, mobile homes and recreational vehicles.
(4)
Machine press operations; upholstering, welding and monument works.
(5)
Building materials yards, excluding concrete plants.
(6)
Printing, publishing and bookbinding.
(7)
Construction equipment storage and repair.
(8)
Public buildings and grounds, including storage and repair.
(9)
Public utilities substations and uses, including storage and repair, power plants and similar uses.
(10)
Bottling plants, dairies, carpet cleaning and other cleaning and dyeing plants, laundries, photocopying and blueprinting.
C.
Permitted accessory uses and structures.
(1)
Normal accessory uses and buildings, including, but not limited to, loading and unloading docks and areas designed as an integral part of the industrial development and scaled for the exclusive use of the development.
(2)
Off-street parking areas for employees and visitors.
(3)
Fencing in accordance with the provisions of this chapter.
D.
Special permitted uses. The following uses and their accessory uses shall be permitted upon approval of a special use permit by the Planning Board:
(1)
Junkyards, automobile wrecking and dismantling yards and similar uses.
(2)
Truck and freight terminals.
(3)
Essential services, including maintenance buildings and storage yards.
(4)
Public and semipublic uses and buildings.
(5)
Communication towers.
(6)
Special entertainment uses/events.
[Added 2-26-1996 by L.L. No. 1-1996]
(7)
Adult entertainment uses and businesses.
[Added 2-26-1996 by L.L. No. 1-1996]
(8)
Windmills and wind generators.
[Added 8-25-2008 by L.L. No. 1-2008]
(9)
Large-scale solar energy systems.
[Added 9-13-2021 by L.L. No. 4-2021]
F.
Site plan approval. Site plan approval shall be obtained from the Planning Board as required in Article XI of this chapter.
§ 135-49 MH Mobile Home Park District.
A.
Purpose. The purpose of the MH Mobile Home Park District is to provide opportunity for diversity in housing choice. It is also intended to provide greater opportunity for obtaining moderate-cost housing to meet the needs of a variety of household types. Finally, it is the purpose of this section to enact proper control and development regulations to ensure that mobile home parks provide an attractive and functional residential environment. The Town will entertain proposals for mobile home park districts, provided that rezoning is consistent with the town's Master Plan and in conformance with these regulations.
C.
Permitted accessory uses.
D.
Dimensional and setback requirements.
(1)
Each mobile home lot within the park shall comply with the applicable lot size, building size and setback requirements set forth in Subsection E below.
(2)
The minimum site area of a mobile home park shall be not less than 10 acres.
(3)
No mobile home or other structure in a mobile home park shall be located within 100 feet of any public street line or within 60 feet of any other property line of the mobile home park.
(4)
Not more than one mobile home shall be located on any one mobile home lot. Every mobile home within a mobile home park shall be located on a mobile home lot or in a designated storage area shown on the approved site plan for said park.
(5)
Each mobile home lot shall front on an interior park roadway. An iron stake shall be located and maintained by the park owner at the corner of each manufactured home lot.
(6)
There shall be a landscaped buffer area not less than 50 feet in depth around the perimeter of all new or expanded mobile home parks.
E.
Lot and yard requirements. The minimum size of lots and yard requirements in a mobile home park shall be:
F.
Size of individual home. The minimum size of any individual mobile home in a park shall not be less than 720 square feet.
G.
Special permitted uses. The following uses may be permitted in the MH Mobile Home Park District consistent with the provisions of Article X, provided that a special use permit is approved by the Planning Board.
H.
Additional uses and requirements. Rezoning for a mobile home park shall not be approved until conceptual site plans for the park have been reviewed by the Planning Board and approved by the Town Board. No site preparation or construction shall commence until the property has been rezoned and all permits have been issued by all governmental agencies involved. This provision shall apply to the expansion or alteration of existing mobile home parks, as well as to proposals for new parks. A site plan for the establishment of a new mobile home park or for the expansion or alteration of an existing mobile home park shall contain all of the required data elements specified herein, plus any additional information which may be required by the Planning Board to complete its review and evaluation of the proposed plans. In the review of proposed site plans, the Planning Board's investigations shall certify for action by the Town Board that the plans comply with the following standards and development regulations.
(1)
Every roadway within a mobile home park shall have a minimum street/pavement width of 22 feet and a minimum right-of-way width of 50 feet. Internal streets shall conform to the following standards:
(a)
Culs-de-sac shall be provided in lieu of closed-end streets and shall have a minimum diameter of 70 feet.
(b)
All streets shall be constructed of blacktop or equivalent of the same and shall be designed, graded and leveled as to permit the safe passage of emergency and service vehicles at a speed of 15 miles per hours.
(c)
Each street shall be named and each mobile home lot thereon shall be given a permanent number which shall be affixed to the manufactured home and shall be visible from the street.
(d)
All internal streets shall be illuminated from dusk to dawn with adequate lighting.
(e)
Every roadway within a mobile home park shall be maintained in good repair and shall be open at all times for travel by occupants of the park and necessary fire, police, ambulance, public utility maintenance and fuel supply vehicles. The park owner shall be responsible for providing and paying the cost of such maintenance and all necessary snow removal. The provisions of this subsection shall apply to existing mobile home parks and mobile home parks hereafter established.
(f)
Pedestrian walkways shall be provided along at least one side of all interior streets. Said walkways shall have a width of not less than four feet.
(2)
Off-street parking. Each mobile home lot must have two off-street parking spaces. Alternative parking facilities may be provided so that each mobile home lot will have one off-street parking space with a common parking area utilized for second vehicle parking, guest parking and for delivery and service vehicles.
(3)
Other requirements.
(a)
At least one service building shall be constructed in each mobile home park which shall be adequate to provide for storage of all equipment, tools and materials necessary for the maintenance of the park. All such equipment, tools and materials shall be stored within said building when they are not in use.
(b)
An adequate supply of public water shall be provided for mobile homes, service buildings and other accessory buildings.
(c)
A sanitary sewer system shall be provided in all parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities.
(d)
Each mobile home dwelling placed in a park shall be equipped with its own toilet, bath and kitchen facilities enabling the occupants to function as an independent housekeeping entity.
(e)
An adequate storm drainage system shall be installed.
(f)
All public utility, electric, gas, cable, television and telephone lines shall be installed underground.
(g)
The park owner shall provide for the regular collection and disposal of garbage, trash and rubbish to prevent the trash containers from overflowing. All receptacles for trash shall have covers to prevent the littering of grounds with trash and refuse.
(h)
All fuel tanks within a mobile home park, including all fuel tanks used for heating within mobile homes, shall be installed in accordance with standards established by the New York State Department of Environmental Conservation or NFPA.
(i)
No mobile home shall be located on a mobile home lot until the roadways, sanitary sewage disposal system, water supply system and storm drainage system serving said mobile home lot have been installed in accordance with the approved site plan for the mobile home park.
(j)
Mobile home park owners shall obtain a permit from the Town approving the location of a site for the placement of individual mobile home units prior to such units being occupied. No permit shall be issued until the owner has obtained a written certification from the New York State Department of Health that connection to a public sewer system meets standards.
(k)
Only one detached accessory building, not exceeding 100 square feet in building area, may be constructed on each such mobile home lot. Buildings attached to a mobile home may be constructed, provided that the total building area thereof does not exceed 100 percent of the building area of the manufactured home. These provisions shall not apply to carports. A permit must be obtained from the Code Enforcement Officer prior to construction of any such enclosure or addition. The application shall provide a detailed plan of the proposed construction. Such accessory structures shall be completed within two months of the date of issuance of such permit.
(l)
All occupied manufactured homes shall be set on a stand and skirted with a noncombustible material, which shall be installed on all sides of the manufactured home and constructed from said side walls to the level of the surrounding grounds, so as to enclose the area between the floor of the manufactured home and said surrounding ground. Such skirting is to be properly ventilated and completed within 30 days after placement of the manufactured home on the site.
(m)
A mobile home park landscape plan shall be prepared and carried out which will assure the Planning Board that an appropriate planting of trees and shrubs will be included in the park design, including screening where necessary.
(n)
Each mobile home site shall be provided with a stand which will give a firm base and adequate support for the mobile home. Such stand shall have a dimension approximating the width and length of the home and any additions or expansions, thereto. Well anchored tie downs shall be provided on at least each corner of the stand. All manufactured homes shall be placed directly upon a permanent foundation consisting of a floor of at least six inches of poured concrete or eight-inch cement blocks, placed upon a pure concrete footer which is not less than 16 inches wide and six inches in depth. This foundation shall extend a minimum of 42 inches below finished grade. The foundation shall be adequately vented.
(o)
All mobile homes shall be secured to the permanent foundation in at least each corner by steel rods which are anchored down through the foundation wall into the footer. When the foundation walls are made of cement blocks, the corner blocks shall be filled with concrete. Each anchoring device shall be able to sustain a minimum load of 4,800 pounds.
(4)
Violation. Should the Code Enforcement Officer determine that the owner of the manufactured home park is in violation of any of the provisions and regulations of this section, the approval authorizing the establishment of the park shall be null and void. Unless the violation is corrected within 30 days of written notification of the violation by the Code Enforcement Officer, the use of the site for a manufactured home park shall be discontinued and all of the manufactured homes on the site removed within 10 days following the thirty-day period to correct the violation.
(5)
Sales.
(a)
No mobile home lot shall be sold in a mobile home park.
(b)
Mobile homes shall be offered for sale, displayed for sale or sold only within a mobile home park. New mobile home units, for sale, shall either be connected to all utilities or placed within a designated sales area approved as part of the overall site plan. Such designated sales area shall be only for the sale of homes in the approved park.
(c)
On-site commercial sales of mobile homes may be permitted until such time as the park reaches 100% occupancy of all approved mobile home lots in the park. Such commercial activity shall be discontinued and all evidence of such activity removed within seven days of reaching 100% occupancy.
(6)
Management of mobile home park.
(a)
Every mobile home park shall be under the direct management of the owner or his agent or representative.
(b)
Such person shall operate the mobile home park from an office located within the park.
(c)
Such person shall maintain a current record of the names of all persons residing at the park.
(d)
These records shall be available to any authorized person inspecting the park for compliance with these regulations.
§ 135-49.1 MU Mixed Use District.
[Added 3-13-2023 by L.L. No. 1-2023]
A.
Legislative intent. The purpose of this section establishing a Mixed Use Zoning District is to create opportunities within the Town of East Bloomfield for a compatible mix of land uses, including residential, retail and professional offices.
B.
Authority. This section is adopted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10.
C.
Permitted uses.
(1)
Governmental, business, professional and medical offices.
(2)
Essential services.
(3)
Retail business establishments which are clearly of a community service character, such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods and food items.
(b)
Drugstores.
(c)
Variety and general merchandise stores, except for adult bookstores.
(d)
Gift, craft and tourist shops.
(e)
Clothing and furniture stores.
(f)
Hardware, appliance, electrical, heating, plumbing and automotive supplies, specifically excluding motor vehicle sales and repair shops and gasoline service stations.
(g)
Florists.
(h)
Liquor stores.
(i)
Dance, art and music studios.
(j)
Wineries, breweries, microbreweries, food services.
D.
Subject to the following requirements and approval by the Planning Board, a principal building may contain a combination of residential and commercial uses:
(1)
All residential use shall be on the second or third floor of the principal building.
(2)
All residential uses shall meet all New York State Building and Department of Health Code requirements.
(3)
No more than two single-family units shall be permitted above an allowable commercial use, and every single-family unit shall include no more than two bedrooms.
(4)
Every residential unit shall require two parking spaces.
(5)
Entrances to all second or third story residential units shall be separate and distinct from the entrance to the principal building.
(6)
Utilities to all second or third story residential units shall be separate and distinct and also separate from the commercial use of the principal building.
E.
Dimensional requirements. The dimensional requirements for the Mixed Use District shall not exceed those dimensions set forth in the Community Commercial (CC) District identified in Schedule I of the Zoning Code of the Town of East Bloomfield.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 135-50 FPO Floodplain Overlay District.
A.
Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1)
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
(2)
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(3)
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
(4)
Control filling, grading, dredging and other development which may increase erosion or flood damages.
(5)
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(6)
Qualify and maintain for participation in the National Flood Insurance Program.
B.
Objectives. The objectives of this section are:
(1)
To protect human life and health.
(2)
To minimize expenditure of public money for costly flood control projects.
(3)
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(4)
To minimize prolonged business interruptions.
(5)
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard.
(6)
To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
(7)
To provide that developers are notified that property is in an area of special flood hazard.
(8)
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
C.
General provisions.
(1)
Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Town of East Bloomfield.
(2)
Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency is a scientific and engineering report entitled the "Flood Insurance Study for the Town of East Bloomfield, Ontario County, New York," dated February 15, 1983, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, Community No. 361298, Map Panel Nos. 0001-0020, dated August 15, 1983, are hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at the Town Clerk's office, 99 Main Street, East Bloomfield, New York, 14443.
[Amended 2-26-1996 by L.L. No. 1-1996]
(3)
Interpretation, conflict with other laws.
(a)
This section has been developed in response to revisions to the National Flood Insurance Program through November 1, 1989 and shall supersede all previous laws and ordinances adopted for the purpose of flood damage prevention.
(b)
In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations, local laws or ordinances, the most restrictive, or that imposing the higher standards, shall govern.
(4)
Overlay district. The FPO District shall not be independently mapped upon the Zoning Map, but shall be mapped in conjunction with an underlying district. The area within the FPO District shall be identical to the areas of special flood hazard within the Town of East Bloomfield. The Zoning Map serves to provide a close approximation of the special flood hazard area. The FIRM Maps and Flood Boundary - Floodway Map shall be used to determine the exact legal boundaries of the special flood hazard area.
(5)
Uses permitted; dimensional requirements. The uses permitted and the dimensional requirements for the FPO District shall be determined by the regulations specified in this article for the primary or underlying zone district.
(6)
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any structure found not in compliance with the requirements of this section for which the developer and/or owner has not applied for or received an approved variance under Subsection G will be declared noncompliant and notification sent to the Federal Emergency Management Agency.
(7)
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Town of East Bloomfield, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
D.
Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.
E.
Administration.
(1)
Designation of the local administrator.
(a)
The Code Enforcement Officer is hereby appointed local administrator to administer and implement this section by issuing floodplain development permits in accordance with its provisions.
(b)
Prior to issuing a floodplain development permit for the construction, expansion, demolition or substantial alteration of any building or the change in use of any land area or building within an area of special flood hazard, the Code Enforcement Officer shall refer all information and documentation to the Planning Board. The Planning Board shall review the information and approve or deny the issuance of the permit by the Code Enforcement Officer. The Planning Board, prior to reaching its decision, shall request an advisory opinion from the Code Enforcement Officer. In addition, the Planning Board may consult with the Town Engineer and/or the Town Attorney. The Planning Board shall notify the Code Enforcement Officer of its decision and the Code Enforcement Officer, acting on the written direction of the Planning Board, shall either issue or deny the permit.
(2)
Establishment of floodplain development permit. A floodplain development permit shall be obtained before the start of construction or any other development, including the placement or replacement of manufactured homes or recreational vehicles, within the area of special flood hazard as established in Subsection C(2). Application for a development permit shall be made on forms furnished by the local administrator and may include, but not be limited to, plans, in duplicate, drawn to scale and showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
(a)
Application stage. The following information is required where applicable:
[1]
Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures.
[2]
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.
[3]
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria of Subsection F(1)(c).
[4]
Certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria of Subsection F(2)(c)[2].
[5]
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(b)
Construction stage. Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the Code Enforcement Officer a certificate of the elevation of the lowest floor, or floodproofed elevation, in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Code Enforcement Officer shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project, unless immediately corrected.
(3)
Duties and responsibilities of the Code Enforcement Officer. The duties of the Code Enforcement Officer shall include, but not be limited to:
(a)
Permit application review.
[1]
Review of all floodplain development permit applications to determine that the requirements of this section have been satisfied.
[2]
Review of all floodplain development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[3]
Review of all floodplain development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this section, "adversely affects" means physical damage to adjacent and other properties. An engineering study may be required of the applicant for this purpose.
[4]
Review all floodplain development permits for compliance with the provisions of Subsection F(1)(e), Encroachments.
[5]
Provide an advisory report to the Planning Board on all applications for floodplain development permits.
(b)
Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Code Enforcement Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection F(2), Specific standards and Subsection F(3), Floodways.
[Amended 2-24-1992 by L.L. No. 1-1992]
(c)
Information to be obtained and maintained.
[1]
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar of all new or substantially improved structures, and whether or not the structure contains a basement or cellar.
[3]
Maintain for public inspection all records pertaining to the provisions of this section, including variances when granted and certificates of compliance.
(d)
Alteration of watercourses.
[1]
Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, NY 10278.
[2]
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(e)
Interpretation of FIRM boundaries.
[1]
The Code Enforcement Officer shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions.
[3]
The Code Enforcement Officer shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available.
(f)
Stop-work orders.
[Amended 2-24-1992 by L.L. No. 1-1992]
[1]
All floodplain development found ongoing without a development permit shall be subject to the issuance of a stop work order by the Code Enforcement Officer. Disregard of a stop work order shall be subject to the penalties described in Article XIII of this chapter.
[2]
All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the Code Enforcement Officer. Disregard of a stop-work order shall subject the violator to the penalties described in Article XIII of this chapter.
(g)
Inspections. The Code Enforcement Officer and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the floodplain development permit or the approved variance.
(h)
Certificate of compliance.
[1]
It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Code Enforcement Officer stating that the use of any building or land is in conformance with the requirements of this section.
[2]
All other development occurring within the designated special flood hazard area will have upon completion a certificate of compliance issued by the Code Enforcement Officer.
(i)
Fees. All applications for a floodplain development permit shall be accompanied by an application fee as established in the Town of East Bloomfield Fee Schedule.[1] In addition, the Town of East Bloomfield reserves the right to recover from the permittee all reasonable costs necessary for review, approval and inspection of this project.
[1]
Editor's Note: The fee schedule is on file in the Town offices.
F.
Provisions for flood hazard reduction.
(1)
General standards. In all areas of special flood hazards the following standards are required:
(a)
Anchoring.
[1]
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
[2]
All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated to or above the base flood elevation or two feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(b)
Construction materials and methods.
(c)
Utilities.
[1]
Electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.
[2]
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
[3]
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters.
[4]
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d)
Subdivision proposals.
[1]
All subdivision proposals shall be consistent with the need to minimize flood damage.
[2]
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
[3]
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
[4]
Base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home or recreational vehicle parks and subdivisions) greater than either 50 lots or five acres.
(e)
Encroachments.
[1]
All proposed development in riverine areas where no flood elevation data are available (unnumbered A Zones) shall be reviewed as set forth in Subsection E(3)(a), Permit application review, to determine the effects of the encroachment on the flood-carrying capacity of the stream. The local administrator may require submission of additional technical analyses and data necessary to complete the determination.
[2]
In all areas of special flood hazard in which base flood elevation data is available pursuant to Subsections C(2) or F(d)(4) and no floodway has been determined the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
[3]
In all areas of the special flood hazard where floodway data is provided or available pursuant to Subsection C(2), the requirements of Subsection F(3), Floodways, shall apply, except as provided in Subsection F(1)(e)[4].
[4]
Notwithstanding any other provisions of this chapter, certain development in Zones A1 through 30, AE and AH may be permitted to increase the water surface elevation of the base flood (e.g. dams, levees, etc.), provided that the Town Board endorses application to the Federal Emergency Management Agency (FEMA), the permit applicant provides all necessary data and analyses and pays all fees and FEMA approval is received.
[5]
The local administrator shall require within Zones AH and AO adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(2)
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazards and Subsection E(3)(b), Use of other base flood data, the following standards are required:
(a)
Residential construction. New construction and substantial improvements of any resident structure shall:
[1]
Have the lowest floor, including basement or cellar, elevated two feet or more above the base flood elevation.
[Amended 2-26-1996 by L.L. No. 1-1996]
[2]
In all areas of special flood hazard, have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[a]
A minimum of two openings must be provided having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
[b]
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[c]
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
[3]
Within any AO zone, have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).
[4]
Within any A zone, when no base flood data are available, have the lowest floor elevated at least three feet above the highest adjacent grade.
(b)
Manufactured homes and recreational vehicles.
[1]
A manufactured home that is placed or substantially improved on a site in an A1 through 30, AE or AH zone that is either outside of a manufactured (mobile) home park or subdivision; in a new manufactured (mobile) home park or subdivision as herein defined; in an expansion to an existing manufactured (mobile) home park or subdivision as herein defined; or in an existing manufactured (mobile) home park or subdivision as herein defined on which a manufactured home has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor is elevated two feet or more above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
[Amended 2-26-1996 by L.L. No. 1-1996]
[2]
A manufactured home to be placed or substantially improved on a site located in a A1 through 30, AE, or AH zone, in a manufactured (mobile) home park or subdivision, as herein defined, that is not subject to the provisions of Subsection F(2)(b)[1] shall be elevated so that either:
[a]
The lowest floor of the manufactured home is at or above the base flood elevation; or
[b]
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system.
[3]
New construction or substantial improvements of manufactured homes in Zone A, where no base flood elevation data are available, shall be elevated at least three feet above the highest adjacent grade.
[4]
All recreational vehicles placed on-site for longer than 180 consecutive days and not fully licensed and ready for highway use must be elevated in accordance with Subsections F(2)(b)[1], [2] or [3].
[5]
Manufactured homes and recreational vehicles on-site for longer than 180 consecutive days, with fully enclosed areas below the lowest floor, must meet the requirements of Subsection F(2)(b)[2].
(c)
Nonresidential construction.
[1]
[Amended by L.L. No. 1-1996, 2-26-1996] In Zones A1 through 30, AE and AH, new construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either:
[a]
Have the lowest floor, including basement or cellar, elevated two feet or more above the base flood elevation; or
[b]
Be floodproofed so that the structure is watertight below a level two feet above the base flood elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
[2]
In an AO zone, all new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified).
[3]
In an A zone, when no base flood data are available, all new construction and substantial improvements shall have the lowest floor elevated at least three feet above the highest adjacent grade.
[4]
If the structure is to be elevated, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically (without human intervention) equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
[a]
A minimum of two openings shall be provided having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
[b]
The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[c]
Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
[5]
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection F(2)(b)[1], including the specific elevation (in relation to mean sea level) to which the structure is floodproofed.
[6]
The Code Enforcement Officer shall maintain on record a copy of all such certificates noted in this section.
(3)
Floodways. Located within areas of special flood hazard are areas designated as floodways. The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by Subsections C(2) and E(3)(b), all encroachments, including fill, new construction, substantial improvements and other development, shall be prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
G.
Variance procedure.
(1)
Appeals Board.
(a)
The Board of Appeals, as established by the Town Board, shall hear and decide appeals and requests for variances from the requirements of this section.
(b)
The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Code Enforcement Officer in the enforcement or administration of this section.
(c)
Those aggrieved by the decision of the Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(d)
In passing upon such applications, the Board of Appeals shall consider all technical evaluations, all relevant factors and standards specified in other sections of this section and:
[1]
The danger that materials may be swept onto other lands to the injury of others.
[2]
The danger to life and property due to flooding or erosion damage.
[3]
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
[4]
The importance of the services provided by the proposed facility to the community.
[5]
The necessity to the facility of a waterfront location, where applicable.
[6]
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
[7]
The compatibility of the proposed use with existing and anticipated development.
[8]
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
[9]
The safety of access to the property in times of flood for ordinary and emergency vehicles.
[10]
The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.
[11]
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
[12]
The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
(e)
Upon consideration of the factors of Subsection G(1)(d) above and the purposes of this chapter, the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f)
The Code Enforcement Officer shall maintain the records of all appeal actions, including technical information and report any variances to the Federal Emergency Management Agency upon request.
(2)
Conditions for variances.
(a)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that items in Subsections G(1)(d)[1] through [12] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(c)
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(d)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(e)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(f)
Variances shall only be issued upon receiving written justification of:
[1]
A showing of good and sufficient cause.
[2]
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
[3]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(g)
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of the Code Enforcement Officer that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation.
§ 135-51 LDO Limited Development Overlay District.
A.
Purpose.
(1)
It is the purpose of the LDO Limited Development Overlay District regulations to provide special controls over land development to protect vital environmental features and resources. It is designed to guide land use proposals into areas (as defined by the town's Comprehensive Plan) where they may best enhance the general welfare of the community.
(2)
Limited Development Overlay District regulations are not intended to be substituted for other zoning district provisions. The Overlay District is to be superimposed on the primary zoning districts and represent an additional level of review and regulation related to the protection of identified environmental features.
B.
Districts. To carry out the foregoing purpose, the Town of East Bloomfield Official Zoning Map is hereby divided into the following overlay districts which shall be designated as follows:
C.
Official maps.
(1)
The locations and boundaries of the LDO District shall be delineated on the Official Zoning Map and shall be based on:
(a)
The Official Freshwater Wetlands Map, as prepared and maintained by the New York State Department of Environmental Conservation.
(b)
Development Suitability Analyses Map B-2, Natural Features, Town of East Bloomfield/Villages of East Bloomfield and Holcomb - A Community Master Plan, adopted December, 1988, by the Town of East Bloomfield Planning Board.
(c)
The Official Well Head Protection Regulations Maps for the Villages of Holcomb and East Bloomfield.
(d)
The New York State Department of Environmental Conservation Map entitled "Maximum Yields to Individual Wells and Geologic Situations of Individual Aquifers in the Western Oswego River Basin, New York."
(2)
Upon application to the Town to conduct a land use activity which may be regulated by the provisions of this section, the Code Enforcement Officer shall locate the LDO District boundaries for the site involved by using the LDO District boundaries as shown on the Official Zoning Map and the Official Maps cited above. Field investigations or other environmental analyses may be required in order to determine the precise LDO boundary line.
(3)
In the instance where a site proposed for development contains a state designated freshwater wetland, the boundaries of the freshwater wetland (including the protected buffer area) shall first be determined by the applicant in consultation with the New York State Department of Environmental Conservation to more precisely define and delineate the boundaries of the regulated area under Article 24 of the State Environmental Conservation Law (ECL).
D.
Interpretation of LDO District boundaries.
(1)
The Code Enforcement Officer shall be responsible for interpreting the LDO District boundary based on the LDO District on the Official Zoning Map, comparison to the official maps cited in Subsection C above and engineering analyses or a site inspection. The Code Enforcement Officer may request the assistance of the Town Engineer or other appropriate official in making a determination. Anyone aggrieved by this LDO boundary interpretation may make an appeal to the Zoning Board of Appeals. Any such appeal shall be accompanied by written description of the alleged error made in interpreting this LDO designation and information/documentation to be used in support of the appeal.
(2)
Where the LDO District boundary has been established, the requirements of the LDO shall be met in addition to any requirements specified for development in the respective primary district.
E.
Permit application procedures.
(1)
Limited Development Overlay (LDO) Permit. An LDO permit shall be required prior to the commencement of any regulated activity or the issuance of a building permit for development in any LDO area within the Town of East Bloomfield.
(2)
Application for permit. Applications for LDO permits shall be made, in writing, to the Code Enforcement Officer on forms provided by the town. Such an application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Code Enforcement Officer or Town Engineer, including, but not limited to, a scaled site plan prepared and certified by a licensed engineer or land surveyor, that contains the following minimum information:
(a)
A location plan and boundary line survey of the property.
(b)
The identification and location of all LDO Limited Development Overlay Areas on the site in relation to the portion being proposed for development (work site).
(c)
The location of all existing and proposed buildings, structures, utility lines, sewer and water service and on-site drainage facilities within 100 feet of the proposed work site.
(d)
The location of all existing and proposed impervious surfaces such as driveways, sidewalks, etc., on the property or within 100 feet of the proposed work site.
(e)
The location of existing and proposed water bodies and drainage patterns on the site.
(f)
The existing and proposed contour lines and elevations of the affected site, at the five-foot contour interval based on United State Geological Survey datum, when the site lies within a delineated steep slope area on the Official Zoning Map.
F.
General exceptions.
(1)
The following activities are exempt from the permit procedures of this chapter, subject to a determination by the Code Enforcement Officer that such activities involve necessary normal maintenance and upkeep of property and are clearly incidental to the primary use on the property and involve or improve public health, safety or emergency situations.
(a)
Lawn care and maintenance.
(b)
Gardening activities.
(c)
Tree and shrub care and maintenance.
(d)
Removal of dead or deteriorated vegetation.
(e)
Removal of structures.
(f)
Repair and maintenance of structures.
(g)
Repair and maintenance of faulty or deteriorated sewage facilities or utility lines.
(h)
Reconstruction of structures damaged by a natural disaster.
(i)
Agricultural activities, except structural activities.
(j)
Public health activities, orders and regulations of the New York State Department of Health or other agency, in compliance with § 24-0701, Subdivision 5, of the New York State Environmental Conservation Law.
(k)
Activities subject to the review jurisdiction of the New York State Public Service Commission or the New York State Board on Electric Generation Siting and the Environment, under the provisions of Article 7 or Article 8 of the New York State Public Service Law, respectively.
(l)
Any actual or ongoing emergency activity which is immediately necessary for the protection and preservation of life, property or natural resource.
(m)
Any minor structural additions, such as decks, patios, rooms or garages, which do not increase the total floor area of an existing principal structure by more than 50%; add to the amount of discharge to an existing septic system; or involve any contaminants that may enter into the groundwater system.
G.
Permit fee. Each application for an LDO permit shall be accompanied by the appropriate application fee as determined by the Town Board. This fee shall be in addition to any other fees required for development by the Town of East Bloomfield.
H.
Permit review.
(1)
The Code Enforcement Officer shall refer a completed LDO permit application to the Planning Board for its review and recommendations. The Planning Board shall have 30 days from the date of its receipt of a completed application in which to review such application and report its recommendations to the Code Enforcement Officer. Should the Planning Board fail to report or make a recommendation to the Code Enforcement Officer regarding the application within the thirty-day time period, the Code Enforcement Officer may take action on the permit application without such report.
(2)
The Code Enforcement Officer shall have the authority to grant or deny an LDO permit, subject to the standards, criteria and other regulations contained in this chapter. The Code Enforcement Officer shall consider the comments of the Planning Board and may also request a report from the Town Engineer or other appropriate agency in acting on such permit applications.
(3)
Appeals from decisions of the Code Enforcement Officer regarding the granting or denying of any LDO permit, or the conditions for approval of such a permit, shall be made to the Zoning Board of Appeals.
(4)
Any zoning permit issued by the Code Enforcement Officer in accordance with the provisions of this chapter may be issued with conditions. Such conditions may be attached as are deemed necessary to ensure the preservation and protection of environmentally-sensitive areas and to ensure compliance with the policies and provisions of this section. Every permit issued pursuant to this section shall contain the following conditions:
(a)
The Code Enforcement Officer, Town Engineer and/or other appropriate official shall have the right to inspect the project from time to time.
(b)
The LDO permit shall expire six months from date of issuance.
(c)
The LDO permit holder shall notify the Code Enforcement Officer or other appropriate official of the date on which project construction is to begin, at least five days in advance of such date.
(d)
The LDO permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit.
I.
Standards. Each application for an LDO permit shall be evaluated by the Planning Board for its consistency with the intent of these overlay regulations and the following standards:
(1)
Where the proposed action involves land(s) lying within a delineated State Department of Environmental Conservation (DEC) freshwater wetland, no LDO permit shall be issued unless a permit is issued by the DEC Regional Office pursuant to Article 24 of the New York State Environmental Conservation Law (ECL).
(2)
Where the proposed action involve land(s) lying within the town's Well Head Protection Area, no LDO permit shall be issued unless:
(a)
The development site involves no on-site storage of petroleum products, except fuel stored in vehicle tanks; chemicals, road salt and de-icing materials, except those stored in an enclosed structure; dry-cleaning and dyeing materials; laundries that utilize cleaning solvents; printing and photo-processing, furniture and finish stripping; and uses otherwise allowed in the zone which may discharge hazardous materials into the groundwater; and,
(b)
The development involves no automotive service stations, truck terminals or public garages.
(3)
Where the proposed action involves land(s) lying within the state identified aquifer areas, no LDO permit shall be issued unless:
(a)
The conditions of Subsection H(2)(a) and (b) above are satisfied; and,
(b)
There is an environmental determination that no proposed activities will be conducted upon the site that will result in groundwater infiltration into the Aquifer Overlay Area such that, at a confidence level of 90%, the New York State Drinking Water Standards (10 NYCRR 5) will not be violated at the property line. Said assessment shall be prepared at the expense of the applicant and accepted by the Code Enforcement Officer, Town Engineer and Town Watershed Inspector as to completeness.
(4)
No LDO permit shall be granted unless the applicant adequately demonstrates that the proposed action will not now, or at any time in the future, be likely to have a significant adverse affect on any of the following conditions, either on site or on adjacent sites:
(a)
Deteriorated groundwater capacities or groundwater qualities.
(b)
Decrease watercourse floodwater-carrying capaci-ties.
(c)
Increase watercourse floodwater hazard(s) by placing structures that are not adequately anchored or do not resist flotation or lateral movement.
(d)
Alter on-site surface water retention (or detention) capabilities such as to increase the velocity of groundwater runoff.
(e)
Increase downstream siltation.
(f)
Increase erosion.
(g)
Decrease soil stability.
(h)
Impair any natural function of a delineated freshwater wetland area.
(i)
Permanently disrupt plant life on steep slope areas.
(j)
Impair existing drainage systems.
J.
Requirement for letter of credit. Following approval of an application for an LDO permit and prior the issuance of any building or other Town permit, the applicant shall furnish the Town Board with an irrevocable letter of credit, cash or certified check or performance bond in an amount to be reviewed by the Town Engineer, and sufficient to cover the costs of compliance with the various specifications and conditions of the development permit. The purpose of the financial security shall be to ensure that all items, activities or structures specified in the plans approved by the Code Enforcement Office are constructed or carried out in accordance with such plans and specifications and other appropriate requirements of the Town of East Bloomfield. The financial security shall continue in full force and effect until such time as the Code Enforcement Officer has certified that, based on a site inspection, all specifications, requirements and permit conditions have been completed and/or complied with, whereupon the financial security shall be released to the applicant. The Code Enforcement Officer, upon recommendation of the Town Engineer, or other appropriate department or official, may deduct or withhold an amount from the financial security sufficient to cover the cost of noncompliance with any requirements, specification or permit conditions.
K.
Suspension or revocation of permits. The Code Enforcement Officer may suspend a permit (temporarily) until such time as the Town Board reviews the suspension. The Town Board, upon recommendation of the Code Enforcement Officer, may suspend or revoke an LDO permit issued in accordance with the provisions of this section where it has found evidence that the applicant has not complied with any or all terms or conditions of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the application. The Town Board shall have 30 days from notification by the Code Enforcement Officer to set forth, in writing, its findings and reasons for revoking or suspending the LDO permit issued pursuant to this section and shall forward a copy of said findings to the applicant.