Geneso Village City Zoning Code
ARTICLE VI
Zoning District Regulations
§ 130-31 Residential District - 1 (R-1).
A.
Intent. The intent of the Residential District - 1 (R-1) is to encourage the continuation and improvement of existing single-family neighborhoods in the Village of Geneseo; to protect open spaces and critical environmental resources; and to protect the health, safety and general welfare of those residing within the district.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-130. Permitted uses are subject to the requirements specified elsewhere in this chapter, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; subdivision of land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, § 130-130. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-130.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-130.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-130.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-130.
H.
Residential open space development (clustering).
(1)
Intent. It is the intent of this subsection to permit within the R-1 District a certain variation in lot size but not overall density, to enable and encourage flexibility of development in such a way as to promote the most appropriate use of lands, to facilitate the adequate and economical provision of public services, and to preserve the natural, scenic and recreational qualities of open lands.
(2)
Authorization. The Village Planning Board shall have the authority to permit variations in the minimum lot size and setback requirements of this chapter subject to the conditions set forth in this subsection and according to criteria contained in the subdivision regulations (Article XIII). The Planning Board is further authorized to require a residential open space (cluster) design whenever it determines that such a design is needed to preserve natural areas of significant scenic or recreational value to the community.
(3)
Minimum development size. The Planning Board may permit or require open space development on all lands of four or more acres zoned for residential purposes and proposed for subdivision.
(4)
Density. An open space design shall not result in a permitted number of dwelling units which exceeds the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the R-1 District and conforming to all other applicable requirements.
(5)
Types of dwelling units. The types of dwelling units permitted pursuant to this subsection shall conform to the zoning requirements of the R-1 District.
(6)
Minimum lot size and setbacks. In no case shall the minimum lot size be reduced by more than 50% from that specified in the Bulk and Use Table for the R-1 District.[1] Building setbacks on the perimeter of the development shall be as specified in the Bulk and Use Table. Setbacks within the development shall be at the discretion of the Planning Board. Zero side yard setbacks shall be allowed only for attached or row dwellings.
[1]
(7)
Preservation of open space. The clustering of residential dwellings shall result in the preservation of open space areas having meaningful scenic, ecological, environmental, historic and/or recreational characteristics with access, shape, size and location as determined by the Planning Board. The permanent preservation of such open space areas shall be legally assured in accordance with the provisions of this subsection by the filing of appropriate covenants, deed restrictions, easements or other agreements in recordable form acceptable to the Village Attorney to accomplish the restriction of any and all subsequent residential or other development. Open space shall be maintained in a manner consistent with its intended purpose.
§ 130-32 Residential District - 2 (R-2).
A.
Intent. The intent of the Residential District - 2 (R-2) is to encourage the long-term stability of existing traditional neighborhoods where a diverse mix of single-family, duplex, and multifamily housing currently exists in the Village of Geneseo and to protect the health, safety and general welfare of those residing within the district.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-131. Permitted uses are subject to the requirements specified elsewhere in this chapter, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; subdivision of land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, Appendix B. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130 20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-131.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-131.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-131.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-131.
§ 130-33 Residential District - 3 (R-3).
A.
Intent. The intent of the Residential District - 3 (R-3) is to provide an area for mixed or multifamily residential development at a density respectful of the surrounding residential uses and to protect the health, safety and general welfare of those residing within the district.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-132. Permitted uses are subject to the requirements specified elsewhere in these regulations, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; subdivision of land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, § 130-132. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-132.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-132.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-132.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-132.
§ 130-34 Mixed-Use District - 1 (MU-1).
A.
Intent. The intent of the Mixed-Use District - 1 (MU-1) is to provide for the location of shops, services, small workplaces, civic and residential buildings central to a neighborhood or grouping of neighborhoods and within walking distance of dwellings and to protect the health, safety and general welfare of those residing within the district.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-133. Permitted uses are subject to the requirements specified elsewhere in these regulations, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; subdivision of land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, § 130-133. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-133.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-133.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-133.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-133.
H.
Commercial window standards. Tinted windows shall be prohibited on all first-floor windows of commercial establishments.
I.
Awnings. The dimensions of the proposed awning shall not project more than five feet from the structure face to which it is attached and shall not extend into any setback areas. The height of the awning shall not be allowed to extend above the height allowed for structures in the respective zoning districts or be lower than eight feet above the ground elevation of the wall face of the structure to which it is attached.
[Added 10-15-2012 by L.L. No. 2-2012]
J.
Visual compatibility. New structures shall be compatible in height and number of useable floors with existing buildings on adjoining properties.
[Added 10-19-2015 by L.L. No. 3-2015]
K.
Facades. New or renovated structures shall comply with the Facade Renovation Guidelines, as approved and adopted by the Village Board of Trustees.
[Added 10-19-2015 by L.L. No. 3-2015]
§ 130-35 Waterfront Mixed-Use District (WMU).
A.
Intent. The intent of the Waterfront Mixed-Use District (WMU) is to encourage water-dependent and water-enhanced uses along the Village's Genesee River waterfront. The creation of this district promotes the development of the Village's waterfront as a low-intensity mixed-use area that will serve the Village as well as the surrounding region. The district should create a zone where residential uses are combined with other water-enhanced and water-dependent uses in order to provide an area of distinct character within the Village. Development in this district shall be considerate of views and uses of abutting properties and the Genesee River. Therefore, where development fronting both a primary street and the waterfront is proposed, these properties will be considered to have two front yards. Buildings located in this district shall have a clear relationship to the Genesee River, and, where possible, should locate primary building facades on both the waterfront and designated Village street frontages, and, as such, shall promote continuity throughout the district.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-134. Permitted uses are subject to the requirements specified elsewhere in these regulations, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; subdivision of land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, § 130-134. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-134.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-134.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-134.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-134.
§ 130-36 Mixed-Use District - 2 (MU-2).
A.
Intent. The intent of the Mixed-Use District - 2 (MU-2) is to encourage the continuation of small- and medium-scale retail, office, services and other commercial uses that will serve the Village as well as the surrounding region and to protect the health, safety and general welfare of those residing within the district. The district should serve as a transitional area between the historic core of the Village with the larger-scale commercial uses found immediately east of the Village.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-135. Permitted uses are subject to the requirements specified elsewhere in these regulations, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; subdivision of land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, § 130-135. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-135.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-135.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-135.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-135.
H.
Design standards.
(1)
Intent of the standards. The following design standards are in accordance with the vision set forth by the Village Comprehensive Plan adopted on September 10, 2007, for the district now defined as Mixed Use – Two (MU-2) on the Official Zoning District Map. The purpose of these standards is to describe the desired future development pattern, form, massing, site layout and architectural detailing for the MU-2 District. As described in the Comprehensive Plan, this area is currently not reflective of the traditional village character desired by the community based upon input provided by residents and landowners throughout the planning process and recorded in the community survey, public meetings and official hearings. The Village understands that the current form, site layout and architectural detailing are the result of past zoning regulations and planning decisions that do not represent the future vision of the community. For this reason, the Village views this area as a transitional location between the historic Village core and the modern suburban pattern of development east of the Village. Given its transitional nature, there is a need for clear standards that meet the goals and objectives of the community while still allowing for flexibility and creativity. These standards, when utilized with the MU-2 Bulk and Use Table (§ 130-135), will provide the necessary regulatory guidance and framework for flexible design alternatives to accomplish the vision set forth in the Comprehensive Plan.
(2)
Design elements.
(a)
Site Planning. Site planning standards primarily address the organization of a project's components. They deal with the location of buildings and site features such as parking lots, open space and service areas, as well as the organization of circulation patterns for vehicles and pedestrians.
(b)
Streetscape. The streetscape standards are intended to improve connectivity and character of the MU-2 District. A community's streets are its largest and most continuous system of public spaces, and it is especially important to acknowledge their significance in the retention or development of high-quality neighborhoods and districts.
(c)
Architectural expression. Architectural standards deal with the exterior elements of buildings and components that define the look of a building, such as roofs, windows, articulation and details. Standards for architectural elements will encourage new development to define a unique district identity while allowing for flexibility of expression at the individual building level. New development or renovations, including those incorporating contemporary styles, should complement the historic character and value that has been established in the Village.
(3)
Site planning design standards.
(a)
Building orientation and setback.
[1]
Building placement shall meet the requirements set forth in the MU-2 Bulk and Use Table, § 130-135.
[2]
Building entry. For buildings fronting on Route 20A, the primary building entrance shall be on 20A or, at the discretion of the Planning Board, at the side or rear of the structure depending on the site layout (see Figure 1). Buildings fronting on roads other than 20A shall have the primary entrance located on the primary street. Regardless of where the entrance is built, the side of the building facing the primary street will always be considered the front.
[3]
Drive-in facilities.
[a]
Whenever possible, drive-in facilities shall be provided in the rear of the building, unless the Planning Board determines such an arrangement is not feasible due to site limitations.
[b]
Such drive-in facilities include, but are not limited to, banking teller windows, automated teller machines, restaurant order and pickup windows and other pickup or delivery services deemed inclusive by the Planning Board.
[4]
Loading and service areas. Loading docks, bays and service areas shall be located to the rear of the structure. In cases where this is not feasible, a side loading area may be approved by the Planning Board if appropriate screening is provided.
[5]
Refuse storage, staging and enclosures.
[a]
The storage and/or staging of refuse shall take place in the rear yard and shall be buffered or screened from view of parking facilities and adjacent properties.
[b]
Refuse/garbage dumpsters shall be located within an enclosure designed to screen 100% of the containers when closed.
[c]
The enclosure should be constructed of materials complementary to that of the principal structure.
[d]
Where possible, gate access to the enclosure should be located out of direct view from parking areas and principal building entrances, and efforts should be made to maintain the gates in a closed position other than times of refuse pickup or delivery.
[6]
Stormwater facilities.
[a]
Stormwater detention or retention facilities are not permitted in front yards.
[b]
Stormwater facilities shall be integrated into the overall site design or, where existing, a larger regional retention and management system, and the use of basins kept to a minimum towards achieving required regulatory standards.
[c]
The siting, construction and management of these facilities should be such that they provide a positive design element in the overall landscape of the project.
[d]
The provision of fencing around stormwater facilities shall not be allowed.
[7]
Shared access and parking.
[a]
The provision for shared access and parking among adjacent properties along the Route 20A corridor shall be required to internalize traffic movements and reduce turning movements onto Route 20A (see § 130-42, Access Management Overlay District).
[b]
Where appropriate and feasible, shared entrances and exits shall be provided.
[c]
Where appropriate and feasible, common or shared parking facilities between two principal businesses with differing hours of peak operation shall be required to decrease the amount of impervious surface and increase the amounts of open space.
[8]
Projects with multiple buildings (see Figures 1 and 2).
[a]
Projects with multiple buildings shall be sited with pedestrian connections between structures, parking areas and adjacent uses.
[b]
Multiple structures shall be placed in a fashion that creates a well-organized, accessible and functional site. The Village encourages site layouts that create a unique sense of place and do not result in large parking lots with no landscaping or pedestrian accommodations.
[c]
Projects with multiple structures are encouraged to attend a sketch plan meeting with the Village Planning Board, as described in the site plan review process, Article XIV.
 |  | ||
1. | On-street parking | 1. | Service court |
2. | Common open space (green) | 2. | Entry courtyard with decorative screen wall |
3. | Pedestrian-only alley/street | 3. | Pedestrian access to street via building pass-through |
4. | Pedestrian access to street via sidewalk connection to building entrances | 4. | Pedestrian access to street via sidewalk connection to building entrances |
5. | Rear parking lot with pedestrian access via building pass-through | 5. | Service court truck turnaround |
6. | Outdoor plaza | 6. | Parking room |
7. | Commercial/retail building | ||
(b)
Parking location, massing and orientation. (See also Internal sidewalks, pedestrian and vehicular circulation.[1])
[1]
Location of parking facilities.
[a]
Vehicular parking, standing and loading facilities shall be located in the rear of structures whenever possible but may be allowed in the side yard if screened appropriately. Exceptions may be made, at the discretion of the Planning Board, to allow for a single row of angled parking spaces on the 20A side of the property, known as "convenience parking," provided that appropriate screening is used and the principal structure remains within the setback range allowed by the Bulk and Use Table for the MU-2 District[2] (see Figures 3 and 4).
[2]
Editor's Note: See § 130-135 for said Bulk and Use Table.
[b]
For sites proposed with multiple structures, central courtyard parking may be approved by the Planning Board.
 | |
1. | Side parking lot |
2. | Pedestrian access to street via dedicated walkway and sidewalk connection to building entrances |
3. | Convenience parking area (one-way, angled parking) |
 | |
1. | Buffer strip, five feet wide |
2. | One-way, fourteen-foot curbed travel aisle |
3. | Forty-five-degree angled parking, 17 feet deep |
4. | Building entry zone, nine feet |
[c]
The frontage distance at the front setback shall not be composed of more than thirty-percent parking lot as a percentage of total frontage distance along Route 20A.
[2]
Massing of parking facilities (see Figure 5).
[a]
Parking lots shall be arranged such that long uninterrupted views across large areas of parking are not visible from the primary road. To achieve this, parking lots shall be designed in "rooms" containing no more than 180 vehicles each.
[b]
Multiple rooms shall be broken up by vegetated medians that preclude an uninterrupted view from "room" to "room." Pedestrian accommodations within the vegetative medians are required.
[3]
Orientation of parking facilities.
[a]
Parking facilities shall be oriented such that drive aisles traverse perpendicular to the adjacent plane of the building, where applicable.
[b]
Whenever possible, parking lots shall be designed and oriented to allow for cross-lot access and internal access management as set forth in the Access Management Overlay District, § 130-42.
[4]
Curbing and bump stops.
[a]
Whenever appropriate, as determined by the Planning Board, parking areas shall be bounded by concrete or granite curbing.
[b]
Pedestrian walks, landscaped islands and medians, and building foundations shall be separated from parking facilities by raised concrete or granite curbing.
[c]
Asphalt curbing is not permitted.
[d]
Where curbing is not possible, pedestrian and foundation areas shall be protected by bump stops to prevent errant vehicles from injuring persons or property.
 | |||
1. | Parking room (180 cars maximum) | Note that Figure 5 should not be interpreted as a building with front-loaded parking [see Site planning, Subsection H(2)(a)]. This site layout concept is taken from Figure 2 (at right), where the parking lots are surrounded by other buildings and are not fronting on the street. |  |
2. | Pedestrian Zone 3 | ||
3. | Sidewalks on parking lot side of median | ||
4. | Building entry courtyard with screen wall | ||
5. | Service court | ||
6. | Building entrance | ||
7. | Main drive aisle | ||
8. | Parking lot circulation aisle | ||
[1]
Editor's Note: See § 130-36H(3)(d) below.
(c)
Landscaping and buffering
[1]
Site landscaping.
[a]
Site landscaping shall be required at the location of all entrances, exits and signage.
[b]
Shade trees shall be planted along the frontage, parallel to the frontage road with a spacing not to exceed 50 feet or consistent with existing tree spacing on neighboring lots when present. A list of allowable tree species is provided below.
[i]
Autumn blaze
[ii]
Sugar maple
[iii]
Canada red cherry
[iv]
Crimson king maple
[v]
Greenspire linden
[vi]
Red sunset
[vii]
Siberian elm
[viii]
Locust
[ix]
Red oak[3]
[3]
Editor's Note: Former Subsection H(3)(c)[1][b][x], Green ash, which immediately followed this subsection, was repealed 10-15-2012 by L.L. No. 2-2012.
[2]
Foundation landscaping.
[a]
Plantings shall be installed at an appropriate distance along the foundation of the proposed structure in the front yard and along other facades where principal entrances are present, as required by the Planning Board.
[b]
Foundation plantings shall consist of woody and/or herbaceous, deciduous and/or coniferous shrubs, trees and ground covers and shall not be limited to annual/perennial-type plant material.
[c]
In instances where outdoor seating is desired in the frontage of the lot, foundation landscaping may be waived by the Planning Board or can be used to create a seating courtyard area.
[3]
Buffering.
[a]
Buffer plantings of coniferous/deciduous trees and shrubs, with fencing where desired, will be required along side and rear property boundaries of adjacent, noncompatible uses or established residential areas to a density and height deemed appropriate by the Planning Board.
[b]
Loading, service and refuse areas shall also be buffered from adjacent noncompatible uses or established residential areas. In instances where neighboring uses are compatible and rear lots are connected, refuse areas shall be combined.
[c]
Parking facilities located along the front setback shall be buffered and/or screened from view using landscaping, attractive fencing consisting of natural materials and not exceeding four feet in height or a combination of fencing and landscaping. In no instance will coniferous trees be approved as a frontage buffer material.
[d]
Suitable plants for buffering include:
[i]
Shrubs:
Bayberry | Myrica pensylvanica | |
Euonymous | Euonymous alata | |
Viburnum | Viburnum carlesii, Viburnum x rhytidophyllum, Viburnum sieboldii | |
Sweetshrub | Calycanthus floridus | |
Summersweet | Clethra alnifolia | |
Gray dogwood | Cornus racemosa | |
Forsythia | Forsythia x intermedia | |
Winterberry | Ilex verticilata | |
Spiraea | Spiraea x vanhouttei | |
Lilac | Syringa vulgaris | |
Chokeberry | Aronia arbutifolia | |
Yew | Taxus cuspidate, Taxus x media | |
Arborvitae | Thuja occidentalis (tall var.) | |
Juniper | Juniperus chinensis |
[ii]
Trees:
Maple | Acer rubrum, Acer x freemanii, Acer campestre | |
Serviceberry | Amelanchier canadensis | |
River birch | Betula nigra | |
Oak | Quercus rubra, Quercus prinus, Quercus coccinea | |
Spruce | Picea glauca, Picea pungens | |
Pine | Pinus nigra | |
Hemlock | Tsuga canadensis |
[4]
Parking lot landscaping.
[a]
Parking lots shall be required to contain one curbed landscaped island per 12 vehicles contained within each single row of parking, excluding spaces along the perimeter of parking lots. A single row of parking consists of a row of parking spaces arranged side by side and does not include those spaces arranged front to back or back to front. Islands shall be planted with trees and shrubs to a density deemed appropriate by the Planning Board but shall not contain less than two trees per 12 parking spaces.
[b]
Parking lot medians shall be required between parking "rooms," shall be a minimum of 10 feet in width, and shall be planted to provide visual buffering between "rooms" to a density and arrangement deemed appropriate by the Planning Board.
[c]
End islands shall be required for all parking configurations entirely surrounded by drive aisles, provided that such configurations contain more than five spaces in a single row and 10 spaces in a double row.
[d]
A minimum of 2% of the total parking facility area shall be required open space in addition to requirements for parking lot islands and medians.
(d)
Internal sidewalks, pedestrian and vehicular circulation (see Figure 5).
[1]
Internal sidewalks.
[a]
Sidewalks shall be constructed along the entire frontage length at a minimum width of five feet or consistent with adjacent sidewalk widths.
[b]
Sidewalks shall be constructed to provide access from principal building entrances to the sidewalk system.
[c]
Curbed sidewalks shall be located along the building frontage to provide separation.
[d]
Where possible, sidewalks shall traverse parking lot medians and islands to permit safe and efficient pedestrian travel from parked vehicles to building entrances.
[2]
Pedestrian circulation.
[a]
Pedestrian circulation patterns shall be shielded and separated from vehicular patterns where possible.
[b]
Designated crosswalks shall be located between primary building entrances/exits and parking facilities.
[c]
Safe, convenient and efficient pedestrian circulation patterns shall be provided between structures in a multiple structure development.
[3]
Vehicular circulation.
[a]
Vehicular circulation patterns shall be designed to minimize potential conflicts between vehicles and pedestrians.
[b]
Parking and vehicle circulation patterns shall be designed to reduce speeds and increase pedestrian friendliness, efficiency and convenience.
(e)
Public transit.
[1]
Stops.
[a]
Public transit stops as identified on the Recommended Future Roads and Connections Map shall be constructed to the standards set forth by the Livingston Area Transportation Service or an easement provided to the Village of Geneseo.
[b]
Transit stops that are integrated into the development as a feature of a primary structure or as part of an open space feature are encouraged by the Village.
[c]
In all instances, transit stops shall be accessible and integrated into the pedestrian circulation system and be no greater than 100 feet from the nearest primary building.
(4)
Streetscape design standards.
(a)
Street-level transparency.
[1]
Building first floors.
[a]
For buildings fronting on Route 20A, the primary building entrance shall be on 20A or, at the discretion of the Planning Board, at the side or rear of the structure depending on the site layout (see Figure 1). Buildings fronting on roads other than 20A shall have the primary entrance located on the primary street.
[b]
Transparency at the first floor of a retail building shall be 70% of the total building frontage from three feet to 10 feet above grade.
[c]
Clear glass shall be permitted. In no instance shall glass inhibit views into the first floor of the structure for all commercial uses.
[2]
Front yards.
[a]
In no instance shall vegetation, walls, fences or other structures or design elements be placed in front yards as to prohibit views to the primary frontage facade of principal structures placed along a public right-of-way.
(b)
Sidewalks along public rights-of-way. Sidewalks along all streets shall be required to provide for the health, safety and general welfare of Village residents.
(c)
Signage
[1]
Signage along the right-of-way shall be designed in accordance with the signage standards set forth in Article XI.
[2]
Areas without frontage on Route 20A are required to utilize smaller, more pedestrian-scaled signage styles, including perpendicular and facade signage. Sign standards defined for the MU-1 District, Article XI, § 130-91 are considered appropriate for these areas.
(d)
Lighting. Lighting along the right-of-way shall be designed such that poles, fixtures, ornamentation and materials are of a pedestrian scale and height and provide for enhanced pedestrian experience and safety. Dark Sky compliant lighting fixtures are required, pursuant to Article VII, § 130-67B(10).
(5)
Architectural expression design standards.
(a)
Building form and massing.
[1]
Active building elevations; see also Streetscape.[4] New construction with frontage on public streets shall provide areas of transparency equal to 70% of the wall area between the height of three feet and 10 feet from the ground.
[4]
Editor's Note: For streetscape standards, see Subsection H(2)(b) and (4).
[2]
Building width. New construction shall meet the standards set forth in the MU-2 Bulk and Use Table.[5] In instances where the front facade is greater than 50 feet, appropriate delineations and treatments shall be used every 50 feet to break up the appearance of a single facade.
[5]
Editor's Note: See § 130-135.
[3]
Facade articulation (see Figure 6).
[a]
Structures where all building elements are less than 25 feet in height and with walls of more than 1,500 square feet shall incorporate fascias, canopies, arcades, building setbacks of three feet or more or other design features to break up large wall surfaces on the street-facing elevations (see Figure 7).
[b]
Wall surfaces shall be visually divided by such features into areas of 750 square feet or less.
[c]
Structures shall have no wall surface longer than 100 feet without a break: a recess or offset measuring 10 feet in depth and 1/4 of the building in length, or a series of recesses or offsets, at intervals of not more than 50 feet, that vary the depth of the building wall by a minimum of four feet.
[d]
Not less than 25% of the building wall shall be varied in this way. The objective of this standard is to avoid large, undifferentiated wall surfaces. Acceptable substitutes may be granted at the discretion of the Planning Board.
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(b)
Architectural details.
[1]
Foundation water table. Where appropriate, elements that add detail and define the foundation of the building are encouraged.
[2]
Roofs, cornices, eaves, overhangs and parapets.
[a]
Elements that define the roof and the upper quartile of the facade shall incorporate design details that provide an added level of fenestration and articulation to the architectural expression of the building.
[b]
The choice of design elements and their scale, height, proportion and mass should draw from design cues provided by the historical character of the Village core.
[c]
Modern interpretation and variation is not precluded yet shall be subject to the discretion of the Planning Board.
[3]
Windows (see Figure 8).
[a]
Windows shall be of a scale, proportion and coverage appropriate to the overall style of architecture of the building.
[b]
Window openings shall also be trimmed with an appropriate material to provide added definition and interest to the overall facade.
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[4]
Doors and entryways (see Figure 8).
[a]
Doors and entryways shall be of a scale, proportion and coverage appropriate to the overall style of architecture of the building.
[b]
Commercial buildings shall have a transparent primary entryway that will be considered as part of the overall transparency requirement for the building frontage.
[c]
Entryways shall be detailed and announced to the general public through thoughtful trim, moldings, overhangs and other defining architectural features such that its purpose as the primary entrance is evident from the street. The same treatment is encouraged for all secondary entryways near parking locations.
(c)
High-quality materials (see Figure 9).
[1]
Along street frontages, all exterior building walls and structures shall be constructed with durable materials such as masonry, stone, brick, finishing wood, stucco (EIFS) or glass.
[2]
No more than three exterior wall materials shall be used on any one side of a building.
[3]
Changes in materials shall occur at inside corners. Material changes at the outside corners or in a plane shall be avoided.
[4]
Concrete finishes or precast concrete panels that are not exposed aggregate, hammered, embossed, imprinted, sandblasted or covered with a cement-based acrylic coating shall not be used as exterior building materials and shall be prohibited on all exterior walls.
[5]
Standard masonry block walls shall be prohibited on exterior walls containing primary entryways and walls facing a public street.
[6]
Decorative masonry materials such as split face and textured finish blocks shall be considered an acceptable alternative to stone, brick, finishing wood, stucco (EIFS) or glass.
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(d)
Awnings. The dimensions of the proposed awning shall not project more than five feet from the structure face to which it is attached and shall not extend into any setback areas. The height of the awning shall not be allowed to extend above the height allowed for structures in the respective zoning districts or be lower than eight feet above the ground elevation of the wall face of the structure to which it is attached.
[Added 10-15-2012 by L.L. No. 2-2012]
§ 130-37 Commercial District - 1 (C-1).
A.
Intent. The intent of the Commercial District - 1 (C-1) is to assure appropriate opportunities for areas primarily dedicated to office and retail use that is consistent with the scale and character of surrounding uses.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-136. Permitted uses are subject to the requirements specified elsewhere in these regulations, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; Subdivision of Land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, § 130-136. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-136.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-136.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-136.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-136.
§ 130-38 Commercial/Industrial District - 1 (CI-1).
A.
Intent. The intent of the Commercial/Industrial District - 1 (CI-1) is to identify areas best suited for commercial and light industrial-related uses such as warehousing, distribution or small-scale manufacturing. The Village understands the important role that industry plays in maintaining a consistent tax base and providing local employment opportunities. Commercial and light industrial areas should be easily accessed by major roadways and have appropriate buffers from surrounding residential and commercial uses.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-137. Permitted uses are subject to the requirements specified elsewhere in these regulations, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; subdivision of land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, § 130-137. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-137.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-137.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-137.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-137.
§ 130-39 Community Resources District (CR).
A.
Intent. The intent of the Community Resources District (CR) is to preserve and, if appropriate, expand existing facilities that serve the entire community, such as civic buildings, recreation centers, and parks. These facilities may also be located in other districts in accordance with their respective regulations. However, the Community Resources District recognizes the importance of concentrating such uses.
B.
Permitted uses. Please see the Village of Geneseo Bulk and Use Table, § 130-138. Permitted uses are subject to the requirements specified elsewhere in these regulations, especially regulations applicable to all zoning districts in accordance with Article VII; landscaping in accordance with Article IX; subdivision of land, if applicable, in accordance with Article XIII; and site plan review and approval in accordance with Article XIV.
C.
Special use permit. Please see the Village of Geneseo Bulk and Use Table, § 130-138. Uses permitted with a special use permit from the Village Planning Board, subject to the requirements of § 130-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
D.
Lot size. Please see the Village of Geneseo Bulk and Use Table, § 130-138.
E.
Lot coverage. Please see the Village of Geneseo Bulk and Use Table, § 130-138.
F.
Setbacks. Please see the Village of Geneseo Bulk and Use Table, § 130-138.
G.
Height. Please see the Village of Geneseo Bulk and Use Table, § 130-138.
§ 130-40 Open Space Overlay District (OSOD).
A.
Purpose and intent. The purpose of the Open Space Overlay District is to provide special controls to guide land development adjacent to significant open space, waterway corridors, wetlands, steep slopes, scenic views and other sensitive environmental features in the Village of Geneseo. The district regulations encourage planning and development of land that will protect and preserve these sensitive environmental areas. It is also the intent of these regulations to prevent soil erosion, sedimentation and slope failure due to removal of vegetation, dredging, filling, damming or channelization; prevent degradation or loss of scenic views and the natural character of the area; and prevent activities which degrade water quality.
B.
Delineation of district boundaries. The boundaries of the district shall be delineated by the Village of Geneseo Zoning District Map. If along a stream corridor, the Overlay District shall include all those areas within 100 feet of waterways measured horizontally from the center line of the waterway.
C.
Regulated activities. No person shall conduct any of the following regulated activities unless such person has first applied for and obtained an OSOD development permit pursuant to the requirements of this section. Customary agricultural operations are not required to obtain an OSOD development permit.
(1)
Construction of new buildings or structures or additions to or modifications of existing buildings or structures.
(2)
Construction or placement of any on-site septic or sewage disposal system.
(3)
Filling, cutting or excavation, either on land or within a watercourse or floodplain.
(4)
Removal of natural vegetation.
(5)
Discharge of stormwater and/or construction of a private commercial or municipal stormwater runoff system.
(6)
Outside storage of materials and equipment used in the conduct of a business.
(7)
Activities which would alter the natural flow pattern of any of the aforementioned watercourses.
(8)
Construction of public or private roads, trails and bridges.
(9)
Construction of boat launching sites and fishing access parking areas.
(10)
The placement of permanent signs.
D.
Development standards and permits. In granting, denying or conditioning any application for an OSOD development permit, the CEO or the Planning Board, whichever is responsible for the permit, shall consider the effect that the proposed regulated activity shall have on the public health, safety and welfare and the protection of the open space and environmentally sensitive features within the Village.
(1)
General regulations. Any applicant for a permit to undertake a regulated activity within an Open Space Overlay District shall be required to adequately demonstrate that the proposed activity will in no way at present or at any time in the future adversely affect the following:
(a)
Water quality.
(b)
Watercourse flood-carrying capacities.
(c)
Rate of sedimentation.
(d)
Rate/velocity of groundwater runoff.
(e)
Natural characteristics of the watercourse or floodplain.
(f)
Scenic views.
(2)
Specific standards. No permit to undertake a regulated activity within the district shall be issued by the CEO or the Planning Board, whichever is responsible for the permit, unless it determines that the proposed project complies with the following standards:
(a)
The proposed activity provides adequate measures to prevent disruption and pollution of fish and wildlife habitats and freshwater wetlands, stormwater runoff, septic and sewage systems and any other activity on the site.
(b)
A natural vegetative buffer of 100 feet from each bank shall be retained adjacent to watercourses to absorb floodwaters, to trap sediments, to protect adjacent fish and wildlife habitats and to protect scenic qualities.
(c)
Site preparation, including stripping of vegetative cover or grading, shall be undertaken so that the amount of time that disturbed ground surfaces are exposed to the energy of rainfall and runoff water is limited. Disturbed soils shall be stabilized and revegetated immediately after 60 consecutive days without substantial construction activities. Such activities include, but are not limited to, demolition, site clearing, topsoil stripping and stockpiling, utility relocations or removals, and improvements to buildings or property. Erosion protection measures, including but not limited to vegetation, retention ponds, recharge basins, berming, silt traps and mulching, shall be used to ensure that sedimentation is minimized and mitigated.
(d)
The project shall provide adequate measures to protect surface waters and groundwaters from direct or indirect pollution and from overuse.
(e)
Fill shall not encroach on natural watercourses, constructed channels or floodway areas. All fill shall be compacted at a final angle or repose which provides stability for the material, minimizes erosion and prevents settlement.
(f)
Roads, trails and walking paths along water bodies shall be sited and constructed so they are not a source of runoff and sedimentation. Such roads, trails and walking paths shall be constructed and sited in such a manner as to maximize the visual opportunities of a water body while maintaining the scenic qualities of the water body.
(g)
No new dock, boat launching site or fishing access and parking area shall be constructed unless it is shown that it will not impede the natural flow of the streams to which this section applies. Said facilities shall be located and constructed so as to minimize their intrusion into water bodies and avoid adverse environmental impact and unreasonable impacts upon public use of the waters.
(h)
New structures, except crossings which are regulated by the New York State Department of Environmental Conservation and/or the United States Army Corps of Engineers, shall not be constructed within 100 feet of the bank of a naturally occurring watercourse.
(i)
New structures shall be designed and constructed in accordance with erosion control standards and stormwater control standards contained in the Best Management Practices for Stormwater Runoff Management and Stormwater Management Guidelines for New Development, as found in Chapter 6 of the New York State Department of Environmental Conservation's Stream Corridor Management Manual.
(j)
Natural vegetation removal. The following activities associated with the removal of natural vegetation shall be allowed without obtaining an OSOD development permit; all other clearing activities within the OSOD shall require application before the Planning Board for approval prior to commencement of activities:
[1]
Clearing of vegetation within 100 feet of an existing primary residence.
[2]
Maintenance clearing of trees and woody vegetation up to five years old within six feet of an existing fence line.
[3]
Clearing to control invasive plants listed by and in accordance with standards set by the Invasive Plant Council of New York State.
[4]
Clearing of 12 or fewer trees of less than or equal to six inches in diameter at breast height within one calendar year.
§ 130-41 Planned Residential Development District (PRD).
A.
Legislative intent.
(1)
The intent of this Planned Residential Development District (PRD) provision is to encourage a greater degree of flexibility for development and to provide a variety of residential uses in a planned, controlled environment and in a manner blending all land uses into a functionally and aesthetically complementary whole. A planned residential development proposal may contain both individual building sites and common property, which are proposed for development as an integrated land use.
(2)
This section recognizes that the standard zoning function (bulk and use) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed. These controls represent a type of regulation which may be adverse to the techniques of land development contained in the planned residential development concept. A rigid set of space requirements along with bulk and use specifications would frustrate the application of this concept. Thus, where PRD techniques are deemed appropriate through the rezoning of land to a Planned Residential Development District by the Village Board, the use and dimensional specifications elsewhere in the codes of the Village of Geneseo are replaced by an approval process in which an approved PRD plan becomes the basis for continuing land use controls.
B.
Definitions. Terms used in this section are defined in Section § 130-5 of the Village Code.
C.
Objectives. To implement the intent of the planned residential development provision, the following objectives must be met:
(1)
A combination of the types of environment, occupancy tenure (e.g., cooperatives, condominium, leasing), types of housing and lot sizes available to persons at varying economic levels.
(2)
Provision of usable open space, water quality facilities and recreation areas.
(3)
A development pattern which preserves trees, outstanding natural topography, man-made historic features and structures, and geographic features and prevents soil erosion.
(4)
A development pattern which, wherever possible, extends, mimics, or otherwise complements the existing street grid pattern of the historic Village core.
(5)
A creative use of land and related physical development which allows an orderly transition of land from existing Village neighborhoods to adjacent undeveloped Village lands and/or rural areas in the Town.
(6)
An efficient use of land resulting in smaller networks of utilities and streets.
(7)
A development pattern in harmony with the objectives of this section and the Comprehensive Plan.
(8)
A more desirable environment than would be possible through the strict application of other sections of this chapter.
(9)
The architectural design of residential buildings shall be sensitive to the scale and character of the Village and consist of design treatments that are attractive and appropriate. Such considerations may include, but not be limited to, the following:
(a)
Facades, roof forms and exterior walls. Facades, gabled rooflines and exterior walls should have three-dimensional variations to provide interest and variety. In large residential buildings, suggested techniques include organizing large building masses (not to exceed 100 feet in length) into a series of smaller masses, providing offsets in exterior walls; providing an accent form or forms; and providing a variation in rooflines or heights that are compatible with the design theme. The areas and patterns of glazing used in facades should be compatible with the three-dimensional design of the building.
(b)
Exterior walls above grade that are attached to buildings should appear to be integral to the building, i.e., walls attached to brick building surfaces should be reddish-colored brick in keeping with the historic character of the community. Other above-grade screening walls, such as dumpster enclosures or transformer screen walls, should match materials and colors used in the building facades.
(c)
Building entrances. Building entrances should be in scale with the building facade and have weather cover.
(d)
Color and material of primary building components. The use of earthtone colors and/or natural siding as primary facade materials is preferred. The use of reflective glass, split-face concrete masonry units or metal or vinyl siding is discouraged. Brightly colored accent bands located on building facades that are primarily attention-getting shall be avoided.
(e)
Exterior lighting. Dark Sky compliant lighting fixtures are required. In addition, all electrical distribution lines shall be installed underground in keeping with the Village of Geneseo's Design Standards.
D.
General requirements.
(1)
Minimum area. The minimum area required to qualify for a Planned Residential Development District (PRD) shall be 10 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his or her holdings will meet the objectives of this section, the Village Board may approve PRD projects with less acreage.
(2)
Ownership. The tract of land for a PRD may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner, or jointly by owners, of all property included in a project. In the case of multiple ownership, the approved PRD plan is binding on all owners.
(3)
Location of the Planned Residential Development District. The PRD shall be applicable to any residential district or parts of districts where the applicant can demonstrate that the characteristics of his or her holdings and plan will meet the objectives of this section.
(4)
Common open space. Common open space in a PRD may be one or more sites for use in common by all of the occupants within the project area or by the residents of the Village as a whole, depending upon dedication of such sites. In all cases, such open space devoted to recreation, common parkland, or stormwater management areas as delineated and designated by the petitioners as common open space shall not be less than 25% of the gross area of a proposed planned residential development. This area shall exclude all sidewalks, streets, roads, required yards and required parking spaces. Such common open space may be retained in private ownership or received in dedication by the Village. If the open space remains in private ownership, arrangements for the operation, maintenance, improvement and liability of such common property and facilities must be approved by the Village Board. No common open space, so designated by the proposal and approved by the Village Board, may be thereafter developed or disposed of except with the approval of the Village Board.
E.
Permissible uses. This subsection sets forth the uses which may be approved for a planned residential development. Such uses include and shall be limited to the following:
(1)
Single-family detached dwellings, excluding social clubs, sororities and fraternities, whether recognized or unrecognized.
(2)
Attached or row dwellings (also known as "townhouses"), excluding social clubs, sororities and fraternities whether recognized or unrecognized.
(3)
Apartment buildings, excluding social clubs, sororities and fraternities, whether recognized or unrecognized.
(4)
Common, public or private open space, park or recreation areas, including playgrounds, woodland, conservation areas, walkways, trails, stream-crossing and drainage control areas and other similar recreational uses but which may not include any such uses or activities which produce unreasonable noise, glare, odor, air pollution, fire hazards or other safety hazards, smoke or fumes, or other things detrimental to existing or prospective development of the neighborhood, as set forth by the standards in § 130-67.
(5)
Municipal, church or philanthropic uses.
(6)
Model home exhibits, temporary sales and construction offices and uses accessory thereto, solely in conjunction with the planned residential development that shall be subject to renewals, at the discretion of the Planning Board, which shall not exceed time periods of six months after the first time period established by the Planning Board.
(7)
Accessory use on the same lot with, and customarily incidental to, any of the foregoing uses.
(a)
Off-street parking facilities.
(b)
Swimming pools.
(c)
Garages.
(d)
Storage facilities for landscape and building maintenance equipment.
F.
Area density and design standards.
(1)
Density.
(a)
Because land is used more efficiently in a PRD, improved environmental quality can often be produced with a greater number of dwelling units per gross building area than usually permitted in traditionally zoned districts. The determination of land use intensity ratings or dwelling residential densities shall be completely documented, including all facts, opinions and judgments justifying the selection of the rating or density.
(b)
The overall residential density of the land within the planned residential development shall not exceed six dwelling units per acre.
(c)
Areas designated for attached or row dwellings shall be developed at a density not to exceed 10 dwelling units per acre.
(d)
Areas designated for apartment buildings shall be developed at a density not to exceed 12 dwelling units per acre.
(e)
The mix of residential units among single-family detached dwellings, attached or row dwellings, and apartment buildings shall be determined by the Village Planning Board for each planned residential development, but no single type of residential use shall comprise more than 65% of the total residential units.
(2)
Additional requirements that apply to attached or row dwellings:
(a)
There shall be no continuous group of attached or row dwellings consisting of more than seven dwelling units, with each group of attached or row dwellings having a four-foot offset for every 50 lineal feet of building.
(b)
The minimum width of any side yard abutting a street, driveway or parking area within the attached or row dwelling area shall not be less than 20 feet.
(3)
Additional requirements that apply to apartment buildings. No apartment building shall be closer than 60 feet from any boundary line of the designated apartment building area of which the apartment building is a part.
G.
Off-street parking requirements; road construction.
(1)
Adequate parking areas shall be provided for attached or row dwellings and apartments within the areas designated for same, and there shall be at least two parking spaces per residential dwelling unit, in addition to the driveways, roadways, turning and access areas within the designated housing area.
(2)
Garages. Where there are garages proposed which face the front of the lot, then the front setback for a garage shall be a minimum of 15 feet. Where there are garages proposed which face the side or rear of the lot, then the side or rear setback for a garage shall be a minimum of 15 feet. A front-facing garage shall not consist of more than 40% of the total building frontage. The front facade of the garage shall not be more than eight feet closer to the street than the main building facade with the front door.
(3)
The construction of adequate sidewalks is required along both sides of the streets throughout the project and connecting to the Village's sidewalk system. These criteria may be waived by the Planning Board upon a finding that site conditions do not warrant the placement of sidewalks on both sides. In addition, the construction of roads and parking areas within the development, whether or not dedication of them to the Village is contemplated, shall conform to the Village of Geneseo Land Development Regulations and Public Works Requirements.
H.
Location of structures. The proposed location and arrangement of structures shall be designed so as to mitigate, to the extent practical, any significant or adverse impact upon the existing or prospective development of the neighborhood.
I.
Open space and recreation areas.
(1)
All recreation areas designated on the development plan shall be improved and equipped initially by the developer in accordance with plans approved by the Village Planning Board and shall be protected by adequate covenants running with the land or by covenants or dedications of same to the Village.
(2)
Open space and recreation areas shall be designated to benefit the residents of the planned residential development, and to this end the developer shall have as many dwelling units (all types) as is feasible abut or be near an open space area.
J.
Approval required. Whenever any planned residential development is proposed, before any permits for the erection of permanent buildings in such planned residential development shall be granted and before any subdivision plat of any part thereof may be filed in the office of the Livingston County Clerk, the developer or his/her authorized agent shall apply for and secure approval of such planned residential development in accordance with the procedures set forth in this section. These procedures shall supersede any inconsistent procedures or regulations set forth elsewhere in the Village Code.
K.
Concept proposal discussion.
(1)
The developer shall arrange to meet with the Village Planning Board to discuss his or her proposal regarding design, mix and density of uses, location, layout, procedural requirements and other matters required by the Planning Board, prior to submittal of his or her PRD zoning application. A concept sketch, setting forth the petitioner's ideas and design intent, shall be provided to the Planning Board. Such sketch need not include engineering details but must include topographic treatment, general utility locations, pertinent natural features and general location of all land uses, including common open space.
(2)
Upon favorable report recommending a change by the Planning Board, the developer may proceed to prepare his or her PRD zoning application for submission to the Village Board. In the event that the proposed development plan is disapproved by the Planning Board, the petitioner may request a review by the Village Board.
L.
PRD zoning application procedure. In order to provide for an orderly method of processing a proposed planned residential development zoning application, seven copies of an application shall be provided to the Village Board with the required application fee. The Village Board, upon receipt of the proposal, shall send two copies to the Village Planning Board, one copy to the Village Engineer and one copy to the Livingston County Planning Board for review and recommendation. All zoning matters relating to the proposed planned residential development shall be determined and established by the Village Board after recommendation by the Village Planning Board, the Village Engineer and the County Planning Board.
M.
Contents of PRD zoning application. The application shall contain the following information:
(1)
Location and extent of all proposed land use including open space. Area map showing parcel under consideration and all properties, subdivisions, streets, zoning classifications and easements within 500 feet of the parcel.
(2)
All interior sidewalks, streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.
(3)
Specific definition of all uses, indicating the number of residential units and the density of each residential housing type, as well as the overall project density.
(4)
The overall water and sanitary sewer system with proposed points of attachment to existing systems; the proposed stormwater drainage system and its relation to existing systems.
(5)
Description of the manner in which any areas that are not to become publicly owned are to be maintained, including open space, sidewalks, streets, lighting and others, according to the proposals.
(6)
If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and number of units or activities to be completed per phase.
(7)
Evidence, as required by the Village Board, of the applicant's ability to complete the proposed planned residential development.
(8)
A description of any covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(9)
A written statement by the applicant setting forth the reasons why, in his or her opinion, the proposal would be advantageous to and in the best interests of the entire Village of Geneseo.
(10)
A draft environmental impact statement (DEIS) or environmental assessment form (EAF) where required by the State Environmental Quality Review (SEQR) Regulations. Such application shall not be considered complete until any DEIS or EAF required shall have been accepted by the lead agency.
N.
Public hearing; PRD zoning application approval.
(1)
Within 60 days after receipt of a complete PRD zoning application, including a complete DEIS or EAF, the Village Board shall hold one or more public hearings. Public notice thereof shall be given in accordance with §§ 7-706 and 7-708 of the Village Law, to determine the advisability of the proposal. The Village Board shall, within 62 days following the conclusion of the hearings, and receipt of a final environmental impact statement, if required, either grant zoning approval of the Planned Residential Development District, subject to specified written conditions imposed by the Village Board, or deny zoning approval of the PRD proposal.
(2)
In the event that PRD zoning approval is granted, either of the proposal as submitted or with modifications and conditions, the Village Board shall, as part of its resolution, specify the drawings, specifications and performance guaranty that shall be required to accompany any subsequent application for site plan/subdivision approval. The developer (and all owners of land within the PRD) shall, within 30 days, notify the Village Board of the acceptance of or refusal to accept specified conditions. If the developer refuses to accept the conditions outlined, the Village Board shall be deemed to have denied PRD zoning approval. If the developer accepts, the proposal shall stand as granted.
(3)
PRD zoning approval shall not qualify as a proposal for recording nor authorize development or the issuance of building permits.
O.
Application for site plan/subdivision approval.
(1)
Application for preliminary site plan and subdivision plat approval. Application for preliminary site plan and subdivision plat approval shall be to the Planning Board and shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect. All public utilities shall be designed to meet the Village of Geneseo Land Development Regulations and Public Works Requirements.
(a)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivision, streets, and easements within 500 feet of applicant's property.
(b)
A topographic map showing contour intervals of not more than five feet of elevation shall be provided.
(c)
A preliminary site plan and subdivision plat including the following information:
[1]
Title of drawing, including name and address of the applicant and person responsible for preparation of such drawing;
[2]
North arrow, minimum scale, i.e., one inch equals 50 feet, and date;
[3]
Existing watercourses;
[4]
Grading and drainage plan, showing existing and proposed contours;
[5]
Location, proposed use and height of all buildings, including the number of stories;
[6]
Location, design and construction materials of all parking and truck loading areas, showing access and egress;
[7]
Location of outdoor storage, including dumpster enclosures, if any;
[8]
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;
[9]
Description of the method of sewage disposal and location, design and construction materials of such facilities;
[10]
Description of the method of securing public water and location, design and construction materials of such facilities;
[11]
Location of fire and other emergency zones, including the location of fire hydrants;
[12]
Location, design and construction materials of all energy distribution facilities, including electrical, oil, gas, and solar energy;
[13]
Location, size and design and construction materials of all proposed signs;
[14]
Location and proposed development of all buffer areas, including existing vegetative cover;
[15]
Location and design of outdoor lighting facilities;
[16]
General landscaping plan and planting schedule;
[17]
Other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution;
[18]
A map or tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate to high susceptibility to erosion; the overlay shall also include an outline and description of existing vegetation for areas with potential erosion problems; and
[19]
A map detailing the proposed stormwater drainage system.
(2)
County Planning Board review. Upon receipt of the application for preliminary site plan and subdivision plat approval, the Village Planning Board shall refer said application to the Livingston County Planning Board for its report to the Village Planning Board within 30 days of receipt of said referral.
(3)
Factors for consideration. The Village Planning Board's review of a preliminary site plan and subdivision plat shall include:
(a)
The County Planning Board review required under § 130-41O(3).
(b)
Adequacy and arrangement of pedestrian traffic access and circulation including intersections, road widths, channelization structures and traffic controls.
(c)
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic, and pedestrian convenience.
(d)
The amount of traffic generated at peak hours and provisions for adequately handling such volumes, including points of ingress and egress, potential hazards, such as inadequate sight distance and intersection design.
(e)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(f)
Location, arrangement, size and design of buildings, lighting and signs.
(g)
Relationship of the various uses to one another and their scale.
(h)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or a noise-deterring buffer between adjacent uses and adjoining lands.
(i)
Adequacy and distribution of usable open space for playgrounds and informal recreation.
(j)
Adequacy of stormwater and sanitary waste disposal facilities.
(k)
Adequacy of structures, roadways and landscaping in areas with moderate to high susceptibility to flooding and ponding and/or erosion.
(l)
Protection of adjacent properties against noise, glare, unsightliness, or other objectionable features.
(m)
Locations of all telephone and cable services.
(n)
The preservation of historic structures, including but not limited to stone walls, fences, homes, outbuildings and other similar structures found on the site.
(o)
Overall environmental impact.
(p)
Conformance with other specific charges of the Village Board, which may have been stated in the zoning resolution.
(4)
Planning Board consultation. In its review the Planning Board may consult with the Village Engineer and other Village and county officials, as well as with representatives of federal and state agencies, including the Natural Resources Conservation Service and the New York State Department of Environmental Conservation. The Planning Board may require the exterior design of all structures be made by, or under the direction of, a registered architect whose seal shall be affixed to the plans. The Planning Board may also require such additional provisions and conditions that appear necessary for the public health, safety and general welfare.
(5)
Action on preliminary site plan and subdivision plat application.
(a)
Within 62 days of the receipt of the complete application for preliminary site plan approval, the Planning Board shall conduct a public hearing on it. A complete application includes all documentation required by the Planning Board, or another lead agency as defined under the provisions of the State Environmental Quality Review Act (SEQRA) under Chapter 8 of the State Environmental Conservation Law[1] and its implementing regulations. The Planning Board shall make a decision on the application within 62 days after such hearing is closed. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning Board on the preliminary site plan shall be filed in the office of the Village Clerk within five business days after such decision is made and a copy thereof mailed to the applicant.
[1]
Editor's Note: For environmental quality review, see Article 8 of the Environmental Conservation Law.
(b)
The Planning Board shall consider a preliminary subdivision plat complete when a negative declaration has been filed or a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Board may schedule pursuant to the SEQRA regulations. The time period within which the Planning Board, as the designated lead agency under SEQRA, shall hold a public hearing is set forth in § 7-728, Subdivision 5(d)(i), of New York Village Law (Village Law). The time period within which the Planning Board shall approve, with or without modification, or disapprove such preliminary plat is set forth in § 7-728, Subdivision 5(d)(iii), of Village Law. The time period within which the Planning Board, with the agreement of a lead agency, shall hold a joint public hearing with the lead agency's hearing on the draft environmental impact statement is set forth in § 7-728, Subdivision 5(e)(i), of the Village Law. The provisions, including time frames, for publishing the public hearing notice, length and decision, are set forth in § 7-728, Subdivision 5(e)(ii), (iii) and (iv).
(c)
The Planning Board's statement may include conditions that certain revisions be incorporated in the final site plan and subdivision plat. Such conditions shall be limited, however, to siting and dimensional details within general use areas and shall not significantly alter the PRD plan as it was approved in the zoning proceedings.
(d)
If the preliminary site plan and subdivision plat is disapproved, the Planning Board's statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan/subdivision plat and resubmission of the preliminary site plan/subdivision plat to the Planning Board after it has been revised or redesigned.
(e)
No modification of existing stream channels, filling of lands with a moderate to high susceptibility to flooding, grading or removal of vegetation in areas with moderate to high susceptibility to erosion, or excavation for and construction of site improvements shall begin until the developer has received preliminary site plan approval. Failure to comply shall be construed as a violation of the Village Zoning Law, and where necessary, final site plan/subdivision plat approval may require the modification or removal of site improvements.
(6)
Request for changes in PRD zoning plan. If in the site plan development it becomes apparent that certain elements of the PRD plan, as it has been approved by the Village Board, are unfeasible and in need of significant modification, the applicant shall then present his or her solution to the Planning Board as his or her preliminary site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the site plan shall be considered as disapproved. The developer may then, if he wishes, produce another site plan in conformance with the approved PRD plan. If an affirmative decision is reached, the Planning Board shall also notify the Village Board stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Village Board.
(7)
Application for final detailed site plan/subdivision plat approval.
(a)
After receiving conditional approval from the Planning Board on a preliminary site plan and approval for all necessary permits and curb cuts from state and county officials, the applicant may prepare his or her final detailed site plan and submit it to the Planning Board for final approval; except that if more than 12 months has elapsed between the time of the Planning Board's report on the preliminary site plan and if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
(b)
The final detailed site plan shall conform substantially to the preliminary site plan that has received preliminary site plan approval. It should incorporate any revisions or other features that may have been required at the preliminary review. All such compliance shall be clearly indicated by the applicant on the appropriate submission.
(8)
Final site plan/subdivision plat contents. In addition to the requirements for preliminary site plan/subdivision plat approval, an application for final site plan/subdivision plat approval shall also contain:
(a)
The final site plan/subdivision plat drawn at a scale of not less than 50 feet to one inch. Where more than one sheet is required to show the entire development, a key map shall be provided.
(b)
The lines of existing and proposed streets and sidewalks immediately adjoining and within the PRD.
(c)
The names of existing and proposed streets.
(d)
Typical cross sections of proposed streets and sidewalks.
(e)
Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.
(f)
Layouts of proposed lots, including lot numbers and proposed numbering system for buildings.
(g)
The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains, and pipes on the property or into which any connection is proposed.
(h)
Provisions for water supply and sewage disposal, and evidence that such provisions have received approval of the Department of Health.
(i)
Locations of survey monuments.
(j)
A planting plan indicating locations, varieties, and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized but should be generally described.
(k)
Brief specifications, or reference to Village standards, for all public facilities to be constructed or installed within the PRD.
(9)
Action on the final detailed site plan/subdivision plat application. Within the time frames set forth in § 7-725-a. of Village Law for final site plan approval and § 7-728, Subdivision 6, of Village Law for final subdivision plat approval, the Planning Board shall take action upon these matters.
(10)
Staging. If the applicant wishes to stage or phase the PRD development, then he or she may submit only those stages he or she wishes to develop for site plan approval in accordance with his or her staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged; and a staging plan must be developed. It is the intent of this section that individual stages of the PRD will have integrity of use in their own right. If, for any reason, the entire PRD would not be completed, then those portions of the PRD already constructed will be an asset to the community by themselves. To ensure this, all public utilities shall comply with the adopted Land Development Regulations and Public Works Requirements for the Village of Geneseo. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PRD should present convincing evidence that such a stage is in keeping with this section.
P.
Other regulations applicable to planned residential developments.
(1)
Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes, other than use changes, shall be processed as an area variance to the Village Zoning Board of Appeals. Use changes shall be processed in the form of a request for Village Board approval. Properties lying within Planned Residential Development Districts are unique and shall be so considered by the Planning Board or the Village Board when evaluating these requests; and maintenance of the intent and function of the planned residential development shall be of primary importance.
(2)
Site plan review. Site plan review under the provisions of this section shall suffice for Planning Board review of subdivisions under the Village Subdivision Regulations, subject to the following conditions:
(a)
The developer shall prepare sets of subdivision plats suitable for filing with the Office of the Livingston County Clerk in addition to those drawings required above.
(b)
The developer shall plat the entire development as a subdivision; however, PRDs being developed in stages may be platted and filed in the same stages.
(c)
Final site plan approval under § 130-100B shall constitute final plat approval under the Village Subdivision Regulations and provisions of § 7-728 of the Village Law.
Q.
Financial responsibility. No building permits shall be issued for construction within a PRD District until improvements are installed or a performance bond or letter of credit posted in accordance with the same procedures as provided for in § 7-730 of the Village Law relating to subdivisions. Other such requirements may also be established from time to time by the Village Board.
R.
Penalties for offenses. Any person committing an offense against any provision of this section shall be guilty of a violation punishable by a fine not to exceed $250 for each offense. The continuation of an offense against the provisions of this section shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Amended 9-14-2020 by L.L. No. 3-2020]
§ 130-42 Access Management Overlay District (AM).
A.
Intent. The intent of this section is to provide for the future growth and development of the Village and for the purpose of affording adequate facilities for the housing, transportation, distribution, comfort, safety, health and welfare of the population of the Village. Specifically, this section provides requirements and procedures to:
(1)
Provide and manage access to properties while preserving the operating efficiency of the roadway system.
(2)
Improve the safety of motorists and nonmotorists.
(3)
Reduce traffic congestion and delay associated with poor access location and design.
(4)
Coordinate access management with the New York State Department of Transportation (NYSDOT) and Livingston County.
B.
Applicability.
(1)
No subdivision of any lot, tract or parcel of land shall be effected and no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use and travel or for the common use of occupants of buildings abutting thereon except in strict accordance with the provisions of this section.
(2)
All plans for subdivisions shall be submitted to the Planning Board and approved by it before they shall be recorded.
(3)
The provisions contained herein shall apply to the following lands within the Village:
[Amended 10-15-2012 by L.L. No. 2-2012]
(a)
The MU-2 District.
(b)
The CI-1 District.
(c)
The portion of the R-3 District located east of NYS Route 39 and north of NYS Route 20A.
(d)
The portion of the C-1 District located west of NYS Route 63.
(e)
The portion of the R-1 District located west of NYS Route 63, and the portion of the R-1 District located south of NYS Route 20A and west of Crossett Road.
C.
Classification system and standards. The following classifications and considerations will be used by the Village to classify roads and their respective design criteria:
(1)
Arterial. Arterials generally carry large traffic volumes within and through urbanized, or developed, areas. They vary from multilane, divided, controlled access facilities to two-lane streets. They serve major areas of activity, carrying a high proportion of an area's traffic on a small proportion of the area's lane mileage. In the Village of Geneseo, the following streets/roads are considered arterials:
(a)
US Route 20A.
(2)
Collector. Collector streets link neighborhoods or areas of homogeneous land use with arterial streets. They serve the dual function of land access and traffic circulation. In the Village of Geneseo, the following streets/roads are considered collectors:
(a)
Main Street.
(b)
Avon Road.
(c)
NYS Route 63.
(d)
NYS Route 63 Bypass (Mary Jemison Drive).
(3)
Local. Local streets are primarily Village streets. Their primary purpose is access to abutting property. In the Village of Geneseo, all public streets and roads not classified as arterials or collectors are considered local.
(4)
Private (not analyzing). Each of these roads has basic characteristics, which may be varied to be consistent with unique proposals of development and construction. The individual variations of the conditions will not be permitted if they sacrifice design safety or maintenance of a proposed road type.
D.
Access connections and driveway design.
(1)
Connection spacing. The following standards and considerations apply to access points, or driveways, for private development adjacent to roadways. Design standards for connection spacing of public roadway intersections are subject to the provisions of § 130-97B(9).
(a)
Connections under the jurisdiction of the New York State Department of Transportation (NYSDOT) shall, at a minimum, meet the standards that are outlined in the NYSDOT Policy and Standards for Entrances to State Highways, latest edition, unless waived by the NYSDOT.
(b)
Separation between access connections on the same side of a local, collector, or arterial roadway within Geneseo shall meet the minimum connection requirements set forth in Table 1 below.
Table 1 | |||
|---|---|---|---|
Minimum Connection Spacing Standards | |||
Posted Speed Limit (mph) | Connection Spacing (feet) | ||
Arterial | Collector and Local | ||
35 or less | 245 | 125 | |
40 to 45 | 440 | 245 | |
Greater than 45 | 660 | 440 | |
(c)
Connection spacing shall be measured from the closest edge of the pavement of one connection to the closest edge of the pavement of the next connection. (see Figure 10)
Figure 10 Corner Clearance and Connection Spacing | |
|---|---|
 |
(d)
The minimum lot frontage for all newly created lots on public arterial, collector, and local roadways shall not be less than the applicable minimum connection spacing standards of this section, as defined in Table 1, unless the property is served by an internal road system.
(e)
Existing individual or assembled lots with less than the required frontage may be permitted individual access where the Planning Board determines joint or cross access is infeasible.
(f)
Adjacent properties under the same ownership shall be considered as a single property for application of connection spacing or for connection permits.
(g)
Applications for multiple connections for a single development shall conform to the spacing standards of this section, as defined in Table 1. Multiple connections shall be considered by the roadway authority and the Planning Board for approval based on the following criteria:
[1]
Separation of standard vehicles from heavy trucks or emergency vehicles.
[2]
Two one-way connections that in combination serve ingress and egress to the development.
[3]
Multiple connections enhance the safety of the abutting roadway and improve the on-site traffic circulation.
(h)
To reduce turning movement conflicts, access connections on undivided arterial, collector, and local roadways should be aligned with those connections across the roadway. If such alignment is not possible, connections on opposite sides of the undivided roadway shall be designed to meet the standards shown in Table 2 to ensure safety in traffic and turning movements.
Table 2 Desirable Access Connection Offsets | ||
|---|---|---|
Posted Speed (mph) | Offset (feet) | |
< 35 | 125 | |
35 to 40 | 450 | |
> 40 | 660 | |
(i)
Access connections on opposite sides of the street not separated by a restrictive median shall be aligned or offset so as to eliminate left-turn overlap conflicts between vehicles traveling in opposite directions.
(j)
For properties unable to meet the minimum driveway spacing standards and corner clearance standards, a temporary nonconforming driveway may be granted by the Planning Board. The granting of a temporary driveway by the Planning Board shall be conditioned on obtaining a shared driveway, cross-access driveway, or unified parking and circulation with an abutting lot, and closure of the temporary driveway in the future.
(2)
Connections at intersections.
(a)
New connections shall not be permitted within the functional area of an intersection, as illustrated in Figure 11, unless:
[1]
No other reasonable access to the property is available; and
[2]
The connection does not create a potential safety or operational problem as determined by the roadway authority and the Planning Board; and
[3]
A condition is included in the permit that the applicant shall agree to close the access if and when alternative access becomes available that is more consistent with the corner clearance standards for the abutting roadways.
Figure 11 Functional and Physical Area of the Intersection | |
|---|---|
 |
(b)
Where no other alternatives exist, construction of an access connection may be allowed along the property line farthest from the functional area of the roadway intersection as a nonconforming access. Property access may be restricted to the roadway with the lower functional classification and shall be closed within six months of when any conforming access becomes available.
(3)
Connection to lower-classification roadway.
(a)
Where property is served by roads of different functional classifications, the roadway authority and the Planning Board may require development to provide primary access on the road with the lower functional classification in order to minimize access and traffic congestion on the primary roadway.
(b)
Access to through lots shall be required on the street with the lower functional classification as shown in Figure 12. Access onto the higher functional classification roadway may be approved by the roadway authority and the Planning Board.
FIGURE 12 Double Frontage Lot Access | |
|---|---|
 |
(4)
Unified access. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall be considered unified parcels for purposes of this section. This shall also apply to phased development plans and master developments that contain a mix of land uses. Accordingly, the following requirements shall apply:
(a)
The number of connections permitted shall be the minimum number necessary to provide reasonable access to the overall site and not the maximum available for that frontage.
(b)
All easements and agreements required under Cross access and shared/joint access shall be provided.[1]
[1]
Editor's Note: See Subsection D(5) below.
(c)
Access to outparcels shall be internalized using the shared circulation system (see Figure 13). Internal connections (vehicular and nonvehicular) shall be made between different land uses within a master or planned development. The shared internal circulation system shall be designed to avoid excessive movement across parking aisles or queuing across surrounding parking and driving aisles and shall encourage pedestrian and bicyclist safety.
(d)
Where abutting properties are in different ownership and not part of an overall development plan, cooperation among the various owners in development of a unified access and circulation system is encouraged; this includes pedestrian connections. Only the building site(s) under consideration for development approval shall be subject to the requirements of this section. Abutting properties shall not be required to provide unified access and circulation until they are developed or are redeveloped.
(e)
Access to an outparcel shall be appropriately designed and marked with pavement markings, signage, and similar appropriate guidance to maximize the efficiency of the internal traffic circulation.
(f)
An adequately demarcated pedestrian pathway shall provide a safe route for pedestrians between the outparcel and the primary development.
(g)
Outparcels for land uses with connection volumes exceeding 100 peak hour trips may be considered for a single right-in access point. This access shall not be within the functional area of an existing intersection. The roadway authority shall determine whether or not the proposed right-in access point is appropriate, based upon the roadway characteristics, relevant traffic data, and the existing and proposed land use(s).
Figure 13 Internalized Access to Outparcels | |
|---|---|
 |
(5)
Cross access and shared/joint access.
(a)
If the connection spacing standards as defined in Table 1 cannot be achieved, then joint-use connections and/or cross-access easements shall be required.
(b)
Property owners that provide for joint and cross access may be granted a temporary connection permit, where necessary, to provide reasonable access until such time as the joint-use connection and cross-access connections are provided with adjacent properties.
(c)
Within six months after construction of a joint-use or cross-access connection, property owners utilizing such access shall close and remove any existing temporary connections provided for access in the interim.
(d)
Within six months after construction of a joint-use or cross-access connection, property owners utilizing such access shall close and remove any unnecessary entrances or exits to the roadway.
(e)
Applicants for all nonresidential developments and redevelopments may be required by the Planning Board to use cross-access easements and joint-use connections to connect adjacent properties in order to reduce curb cuts, to increase the area for parking and landscaping, and to preserve the capacity and safety of the roadway system.
(f)
Property owners utilizing joint and/or cross access shall record:
[1]
An easement allowing cross access to and from the adjacent properties.
[2]
A joint maintenance agreement defining maintenance responsibility of property owners that share the joint-use connection and cross-access system.
(g)
Applicants for new development and/or redevelopment of existing property shall be required to construct a paved stub-out to the property line and to provide a cross-access easement in anticipation of a future cross-access connection (see Figure 14).
(h)
The design of the cross-access corridor or joint connection shall conform to the design criteria and construction standards. The design shall ensure efficient and safe vehicular operation and pedestrian movements for internal traffic circulation and for traffic mobility on the adjacent roadway.
[1]
Shared driveways and/or cross-access driveways shall be of sufficient width (minimum 20 feet) to accommodate two-way travel for automobiles and emergency service and loading vehicles. Wider driveways may be required to serve traffic to major developments or large vehicles.
[2]
Shared driveways, cross-access drives, interconnected parking, and private streets constructed to provide access to lots internal to a subdivision shall be recorded as an easement and shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities shall be recorded with the deed
(i)
Cross-access easements are not intended to be publicly maintained. The Planning Board may, however, hold such an easement pending the issuance of such similar easements from the adjoining property owner(s), with the right to transfer such easement to the other affected property owner(s) upon such execution.
Figure 14. Cross-Access Stub-Outs | |
|---|---|
 |
E.
Service roads (frontage and reverse frontage/backage roads; marginal access roads).
(1)
Service roads and/or shared-access roads may be required by the Planning Board to help mitigate the adverse impact of direct access on roadway safety and efficiency.
(2)
Parcels that abut service roads must provide a primary connection to the service road. Secondary driveways to the public road system shall be prohibited. In instances where a connection cannot be made to a service road (for example, the planned service road has not yet been constructed to the subject property), a temporary connection to the public road system may be granted by the proper permitting authority (Village, town, county, or state). This temporary connection must be removed within six months from the time that a service road is constructed to or adjacent to the subject property.
(3)
Service roads shall not access any roadway within the functional area of an existing intersection and shall not create a new access point that violates the connection spacing criteria as defined in Table 1 herein.
(4)
All service roads, required to be constructed as part of subdivision and site plan review and approval by the Planning Board should be constructed to Design Criteria and Construction Specifications standards to ensure their suitability for public access. Service roads may be offered for public dedication, or alternative ownership and maintenance methods may be accepted or required.
F.
Multimodal considerations.
(1)
Pedestrian and bicycle circulation.
(a)
Sidewalks and walkways. Sidewalks and walkways shall be provided and improved consistent with the Design Criteria and Construction Specifications.
(b)
Sidewalks shall be installed on both sides of the street and installed a minimum of one foot inside the road right-of-way and match existing surrounding sidewalks. At the Planning Board's discretion, inclusion of sidewalks on one side of the street may be waived for reasons of topography or other demonstrable physical constraint.
(c)
Subdivisions should provide bicycle and pedestrian connectivity through bicycle and pedestrian facilities that are both integrated into roadway design and provided as standalone facilities.
(d)
Subdivisions require an internal circulation plan for traffic, as defined in the New York State Vehicle and Traffic Law, § 152.
(e)
Subdivision plans should demonstrate connectivity between developments for pedestrians and bicyclists in order to minimize short-distance trips by motor vehicles. These can be provided as "cut-through" easements in suburban cul-de-sac developments and as part of connected street grids in traditional neighborhood development.
(f)
Conservation or cluster development (see § 130-31H) can also be a tool for encouraging access to open space and compact land use patterns that support increased walking and bicycling.
(g)
Minimum width of all walks shall be five feet with a five-foot planting strip (or ten-foot-wide sidewalks in the MU-1 District) unless prohibited by documented environmental constraints. Sidewalks must be constructed continuously across all driveways.
(h)
All crosswalk, signal, and curb ramp features shall comply with the minimum guidelines established in the NYSDOT Highway Design Manual and the Manual of Uniform Traffic Control Devices (MUTCD). Traffic-calming features shall be provided where necessary to balance pedestrian safety with vehicular speeds and volumes.
(i)
All pedestrian facilities will comply with the Americans with Disabilities Act (ADA) guidelines.
(j)
Each owner or occupant of any house or other building, and any owner or person entitled to possession of any vacant lot, and any person having charge of any facility or public building, shall be responsible for maintaining the pedestrian facilities adjacent to their property. During the winter season, this shall include keeping the sidewalk free of snow and/or ice and at all other times shall keep the sidewalk in good and safe repair in a clean condition, free from obstructions or encumbrances.
(2)
Bicycle facilities.
(a)
Bicycle parking shall be provided in accordance with the following guidelines. All projects submitted for site plan approval shall identify bicycle racks and/or lockers in accordance with these guidelines.
(b)
Except in instances where adequate bicycle parking is available within the right-of-way (such as lamp posts or single bicycle racks installed on the sidewalk), adequate space shall be provided on site to accommodate the installation of a bicycle rack. The Planning Board shall ensure that such space is within a reasonable distance from the front of the building. The Planning Board will determine if bicycle parking will be required.
(c)
Bicycle parking schedule. If bicycle parking is required by the Planning Board, the following minimum amounts of spaces shall be provided:
[1]
Residential uses (multifamily): one bicycle parking space per dwelling unit.
[2]
Commercial uses: one bicycle parking space per 20 required auto parking spaces.
[3]
Institutional uses: one bicycle parking space for every 10 students and staff.
[4]
Government: one bicycle parking space per every 10 employees.
[5]
Industrial uses: one bicycle parking space per 10,000 square feet.