The regulations, restrictions and boundaries herein provided may from time to time be amended, supplemented, changed or modified or repealed as provided by law. The provisions hereinafter contained shall apply to amendments, supplements, changes or modifications to district boundaries or classifications thereof. If any area is transferred from one district to another district, any nonconforming use thereby created may be continued to the extent permitted pursuant to the provisions of this chapter regulating nonconforming uses generally.

Such proposed amendments, supplements, changes or modifications, whether initiated by the Town Board, Planning Board or by petition, shall be referred to the Planning Board for review and recommendation.

When a petition is withdrawn within 10 days prior to the scheduled public hearing, or is withdrawn or denied after the hearing, a petition seeking substantially the same relief shall not be considered or voted on by the Town Board within one year from the date of such previous filing, except for a vote to table or to receive and refer the petition to the Planning Board. If the Planning Board shall receive a referral of such a petition and find that there have been substantial changes which would merit a hearing or rehearing, the Planning Board shall indicate such changes in its recommendation to the Town Board. This restriction shall not apply where the Town Board has not issued a final determination on a petition within 60 days following the public hearing on that petition.

Documents.

Development plan. The development plan must contain the following minimum information unless waived by the Planning Board as not being applicable. Maps shall be drawn to scale.

Planning Board review.

Town Board proceedings.

Multiple-unit apartment complexes and condominium units. Residential developments for townhouse units and patio homes are subject to the subdivision regulations of the Town of Lancaster.

New commercial, industrial, recreational, religious or institutional developments.

Alterations or additions to existing commercial, industrial or public developments which increase original gross floor area by 750 square feet or more.

Modifications to off-street parking, loading and stacking areas and structures.

All development within any overlay district established by this chapter.

Any change in use or intensity of use which the Code Enforcement Officer determines will significantly impact the characteristics of the site in terms of parking, loading, access, drainage, utilities, traffic, or other environmental impact for any commercial, industrial or multifamily use.

Any use involving outside storage, or expansion of outdoor storage areas, or movement of outside storage areas.

Any use involving construction or alteration of drive-in or drive-through business facilities.

Any nonresidential use in a residential district.

A site plan must be submitted for all applications to modify any previously approved site plan.

Application form, notes, and other required written information.

Title of drawing, including name of development, name and address of applicant and person who prepared the drawing.

Location plan, North point, professional stamp, scale (one inch equals 20 feet or other appropriate scale) and date.

A boundary survey plotted to scale of the proposed development, including its acreage, a legal description thereof, existing topographic features including contours or spot elevations at a fifty-foot grid, large trees (six inches or greater in diameter), buildings, structures, streets, property lines, utility easements, rights-of-way, sewers, water mains, fire hydrants, culverts and other significant man-made features, delineated wetlands and land uses, and an aerial photo map of the site to include an area within 3,000 feet of the proposed boundaries of the site being considered for site plan.

Geotechnical evaluation demonstrating the suitability of the site for the project.

The lines and names of existing and proposed streets and sidewalks immediately adjoining and within the proposed site.

Layout, number and dimension of lots.

Location, proposed use, height and floor plan of all nonresidential and all residential structures containing three or more dwelling units, location of all parking, loading and stacking areas with access drives.

Location and proposed development of all open spaces, including parks, playgrounds and open reservations.

Existing and proposed watercourses and direction of flow.

Topographic map and drainage plan showing existing and finished grades, engineering calculations and the potential impacts to local surface waters.

Water supply plan, including location of fire hydrants.

Paving, including typical cross sections and profiles of proposed streets, pedestrian walkways, bikeways and parking lots.

Sewage disposal plans, for information only.

A landscape plan indicating location, type and size of existing trees and vegetation, identifying those to be preserved; and location, type and size of trees, vegetation and other amenities to be provided.

Location and design of lighting facilities, fences, walls and signs.

Location and dimension of all signs for which use permits are required under this chapter.

Proposed easements, restrictions, covenants and provisions for homeowner's associations and common ownerships.

Plans for residential and nonresidential construction shall show front, side and back elevation. Drawings shall include the type of building material, color of building and color of roof. Plans should include an architectural rendering of the finished building.

Site location map on USGS Quad Ranking Scale and/or a recent Town map.

Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of this chapter and Chapter 300, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in this chapter. The approved site plan shall be consistent with the provisions of this chapter and Chapter 300.

Silt fencing shall be installed at the curb line at the time of excavation of a lot in a subdivision serviced by the Town of Lancaster storm sewer system. The Town of Lancaster Department of Code Enforcement may direct an additional silt fence to be installed on any building lot in the Town of Lancaster to prevent the siltation of materials into a retention, detention or drainage ditch or stream. All silt fencing shall be installed in accordance with the NYSDEC Stormwater Design Manual.

For development in any overlay district, any other information required pursuant to §§ 400-24, 400-25, 400-26 and 400-27, the applicable regulations set forth in this chapter.

All plans must be submitted 15 days prior to the Planning Board meeting.

The Building Inspector shall review the site plan application to ensure that it is complete and in conformance with this chapter, the approved development plan, if one exists, and all other applicable laws. Thereafter, he shall forward the plan to the Planning Board and other agencies for review as appropriate.

Within 30 days of its receipt of the application, each agency shall review it and notify the Planning Board in writing of its comments or recommendations.

Within 60 days of its receipt of the application for site plan approval and after holding an open meeting, the Planning Board shall issue its recommendations for action and notify the Building Inspector, Town Clerk and applicant of its recommendation. This time period may be extended by the written request of the applicant. In evaluating the application, the Planning Board may seek advice from the agencies it deems appropriate. The Planning Board's recommendation shall be issued in the form of a written report of approval or disapproval of the site plan. In a recommendation to approve the site plan, the Planning Board may recommend conditions limiting the use and the occupancy of the land or proposed buildings consistent with the intent and purposes of this chapter. If the Planning Board recommends disapproval, it shall state its reasons.

SEQR shall be completed for all site plan projects, as required by law, with the Planning Board providing an advisory opinion to the Town Board, or other appropriate agency, as lead agency.

Criteria. In considering the site plan for approval, the Planning Board shall evaluate, and the Town Board shall consider, the public health, safety, welfare, comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area. The Town Board may prescribe such appropriate conditions and safeguards as may be required in order that the results of its action shall, to the maximum extent possible, further the following:

Standards for recommending site plan approval. The Planning Board shall recommend approval of the site plan if it finds that:

Town Board proceedings. Town Board action. Following completion of Planning Board review and upon receipt of the Planning Board's report regarding the site plan, the Town Board shall, within 60 days:

Except for subdivisions that have been duly filed in the office of the County Clerk, if construction of an approved development (site plan) has not commenced within two years from the date of site approval, that approval shall be deemed revoked. A one-time additional one-year extension may be granted by the Town Board upon receipt of the following:

Upon approval of a site plan, the owner/developer shall meet the conditions imposed by the Town Board, including but not limited to landscaping, buffer zones, fencing, finished exteriors, parking areas, dumpster location, etc., within 60 days of issuance of the certificate of occupancy by the Building Inspector, unless written extension is granted by the Town Board. Such a written extension must be sought by the applicant and obtained prior to the expiration of any such approval. Such an extension must be applied for, in writing, to the Town Board within 30 days of the expiration of the approval. If an extension is necessary for compliance, but not sought within this time frame, then the approval shall be rescinded. Under these circumstances, applicants may reapply for approval.

A violation of the site plan is a violation of the Zoning Law and may be enforced as provided in this chapter.

The owner/developer shall be required to post a performance bond or cash security in a form acceptable to the Town Attorney and Town Board in a sum equivalent to the estimated cost of work to be completed at the time the Building Inspector issues a certificate of occupancy.

The Building Inspector and Town Engineer shall calculate the estimated cost of completion. Failure to comply with the conditions within 60 days of posting the security or performance bond shall result in forfeiture of the bond or security.

All drainage systems' as-built elevations for inverts, receiver rims and finished grade topography shall be submitted to the Town Engineer for review and acceptance prior to issuance of a certificate of occupancy/compliance. This shall apply for all commercial projects, residential subdivisions and any improvements conveyed to the Town of Lancaster.

To assist future lot buildouts in residential subdivisions:

General provisions. This chapter shall be administered by the Code Enforcement Officer/Building Inspector, the Town Clerk and such agencies as the Town Board shall direct and shall be enforced by the Building Inspector. Those departments and agencies shall be provided with the assistance of such persons as the Town Board may direct.

Enforcement. This chapter shall be enforced by the Code Enforcement Officer/Building Inspector. The Code Enforcement Officer/Building Inspector or his staff may enter any premises or building at a reasonable time to determine whether it is in violation of this chapter. He shall order discontinuance of uses of land, buildings or structures, or construction of buildings, structures or additions, alterations or other structural changes which are in violation of this chapter or any other law. Nothing herein contained shall limit or restrict any other procedure provided for the enforcement of this chapter or other applicable law.

The Code Enforcement Officer/Building Inspector may, subject to Town Board review and approval, determine that a use not specifically listed in any districts established by this chapter is a similar use to those enumerated in a specific district. In making a determination that a use is similar, the Code Enforcement Officer/Building Inspector shall first determine that:

The determination, as approved by the Town Board, as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation.

Any use found "similar" shall thereafter be included in the enumeration of uses permitted by right.

Composition. The Board of Appeals shall consist of seven members appointed by the Town Board. The members of the Board of Appeals as now constituted shall continue in office until the expiration of their present terms. Thereafter, their successors shall be appointed for a term of five years each. Vacancies shall be filled as provided for in the Town Law.

Clerk of the Board. The Town Clerk shall be the Clerk of the Board of Appeals and shall perform such duties as required by it. The Town Board may appoint additional clerks or other employees serving at its pleasure to assist the Board of Appeals. Minutes of all proceedings before the Board shall be taken and filed in the office of the Town Clerk and shall be a public record.

The use is designed, located and proposed to be operated so the public health, safety, welfare and convenience will be protected.

The use will not cause substantial injury to the value of other property in the neighborhood where it is located.

The use will be compatible with adjoining development and the character of the neighborhood where it is located.

Adequate landscaping and screening is provided to preserve the character of the neighborhood.

Impacts, including but not limited to noise, traffic, drainage, lighting, dust, and debris are sufficiently mitigated by the application to warrant granting of a permit.

Adequate off-street parking and loading are provided and the special use will not substantially interfere with traffic on abutting streets.

Any other factor the Town Board rationally determines to be relevant to review of the application.

Concurrent review. Applications shall be submitted on the forms provided by the Town, and unless no site plan is required, shall be submitted simultaneously with the site plan application and contain all the information required by site plan review applications.

Timing. Within 30 days after receipt of the application, the Town of Lancaster Planning Board shall review the application, site plan, and supporting data, and the Board shall recommend approval, approval with modifications or conditions, or disapproval of the special use permit. The Planning Board's action shall be in the form of a written recommendation of approval or disapproval of the application.

The failure of the Planning Board to act within 30 days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the development plan as submitted.

Within 30 days following the receipt by the Town Board of the report of the Planning Board, or its failure to act as above provided, the Town Board shall conduct a public hearing. Within 60 days thereafter, the Town Board shall render its decision on the special use permit application.

In granting approval, the Town Board may impose conditions as necessary to mitigate impacts from the proposed use or to ensure the harmonious integration and compatibility of special permitted uses within neighborhoods and with surrounding areas, including a limitation on the life of the permit.

Abandonment of the special use permit occurs whenever the permit has not been actively used for its intended purpose for a period of one year.

A special use permit expires without the permittee having timely applied for renewal.

A special use permit shall be deemed to authorize only one special use and shall expire if the special permitted use fails to obtain a building permit within six months of the Town Board's approval.

Where no structure is involved, the lot shall not have been put into use within 12 months after the date of issue of such permit, for the purpose of which such permit was granted.

Construction and/or use of the structure for which such permit was granted shall not have actually begun within 12 months after the date of issue of such permit.

The entire structure for which such permit was granted shall not have been completed according to filed plans within three years after the date of such permit.

The Code Enforcement Officer has the authority to conduct inspections of specially permitted uses. A permittee's refusal of access for an inspection shall be a violation of the Zoning Law.

A violation of the terms or conditions of a special use permit, or using the property in a manner not specifically permitted by the special use permit is a violation of the Zoning Law and is punishable as provided for in § 400-80.

Whenever it shall appear to the Town Board, based on investigation or complaint from the public or other office of the Town, that a permit holder is not complying with a condition of a special use permit, or if the permit holder denies access for an inspection, the Town Board may, after holding a public hearing at which the permit holder is given an opportunity to be heard, order the revocation of the special use permit either immediately, or after a cure period, if the permit holder fails to cure the violation. Upon revocation of the permit, the use shall immediately cease and desist until a new special use permit is issued by the Town Board. This shall be in addition to, and not in lieu of, any other enforcement efforts as provided for by applicable law.