Lancaster Town City Zoning Code
ARTICLE VIII
Regulations Applying to All Districts
§ 400-28 Off-street parking, loading and stacking facilities.
[Amended 4-21-2024 by L.L. No. 1-2025]
A.
Intent. Off-street parking, loading and stacking requirements and regulations are established in order to achieve the following purposes:
(1)
To relieve congestion so that streets can be utilized more fully for movement of vehicular traffic.
(2)
To promote the safety and convenience of pedestrians and shoppers by locating parking areas so as to lessen car movements in the vicinity of intensive pedestrian traffic.
(3)
To protect adjoining residential neighborhoods from on-street parking.
(4)
To promote the general convenience, welfare and prosperity of business, service, research, production and manufacturing developments which depend upon off-street parking facilities.
(5)
To ensure that parking facilities are designed with careful regard to orderly arrangement, topography, landscaping, ease of access and development as an integral part of an overall site design.
(6)
To provide regulations and standards for the development of off-street parking, loading and stacking facilities in accordance with the objectives of the Town's Comprehensive Plan.
B.
Scope of regulations. Off-street parking, loading and stacking facilities shall be provided as a condition precedent to occupancy of all buildings:
(1)
Whenever a new building is constructed or new use established.
(2)
Whenever an existing building is altered and there is an increase in the number of building units, seating capacity or floor area of the building.
(3)
Whenever an existing building is changed to a more intensive use requiring more off-street parking, loading or stacking facilities.
C.
Continuation of facilities. Off-street parking, loading and stacking facilities in existence on the effective date of this chapter shall be continued and maintained in operation and shall not be reduced below the requirements of this chapter during the period that the principal use is maintained, unless an equivalent number of spaces shall be provided for said use in another location approved by the Building Inspector.
D.
Units of measurement.
(1)
Employees. Whenever parking requirements are based on the number of employees, "employees" shall mean the maximum number of employees on duty on the premises at one time or any two successive shifts, whichever is greater.
(2)
Net floor area. The total floor area less permanent concourses, stair halls, lobbies, elevator shafts, areas permanently devoted to warehousing and rooms housing equipment servicing the entire building.
(3)
Fractional requirements. When units of measurement used in computing the number of required off-street parking, loading and stacking spaces result in the requirement of a fractional space, the nearest whole number of off-street parking spaces shall be required.
(4)
Gross floor area. The total floor area of a building. Where the basement or cellar is not used for any activity, that area shall not be counted.
(5)
Seating capacity. The number of seating units installed or indicated on plans. Seating capacity shall not be less than one unit per 15 square feet of floor area.
E.
Schedule of parking and stacking requirements.
(1)
Minimum parking requirements.
(a)
Off-street parking facilities shall be provided in quantities not less than set forth in the following schedules. (Handicapped parking as required by the New York State Department of Motor Vehicles shall be in addition to the quantities set forth herein. Bench-type seats shall be calculated at 20 inches per lineal foot.)
[1]
Dwellings.
[a]
Single-family or two-family dwellings: two spaces for each dwelling unit.
[b]
Multifamily dwellings: two spaces for each dwelling unit.
[c]
Tourist homes, hotels, motels or rooming or lodging houses: one space for each unit accommodation and conference unit.
[d]
Dormitory, fraternity, sorority house: one space per two occupants.
[e]
Mobile home lot: two spaces per mobile home lot.
[3]
Places of assembly.
[a]
Schools.
[i]
Elementary and middle or intermediate schools: two spaces for each classroom, plus spaces required for assembly area.
[ii]
High schools: two spaces for each classroom, plus one space for each nonteaching employee, plus spaces required for assembly area.
[iii]
Colleges: two spaces for each classroom, plus one space for each nonteaching employee, plus three spaces for each four full-time students, plus spaces required for assembly area.
[b]
Churches, synagogues or any other places of public worship; principal or accessory auditoriums, gymnasiums, theaters, stadiums or sports arenas and other places of public assembly other than banquet halls: one space for each three seats.
[c]
Libraries, museums or art galleries: one space for each 300 square feet of gross floor area.
[d]
Bowling alleys: six spaces per lane.
[e]
Permanent recreational uses, in addition to spaces required for areas devoted to uses specified herein.
[i]
Ice skating, roller rinks and gymnastics centers: one space per 250 square feet of gross floor area devoted to activity.
[ii]
Health and swimming: one space per 25 square feet of gross floor area and pool area devoted to activity.
[iii]
Tennis clubs: three spaces per court.
[iv]
Golf courses and driving ranges: three spaces per hole; 1 1/2 spaces per stall at a driving range.
[v]
Conservation clubs: minimum 10 spaces.
[vi]
Miniature golf: 1 1/2 spaces per hole.
[vii]
Dancing studios: one space per 50 square feet of gross floor area devoted to activity.
[g]
Clubs or lodges: as required for assembly and restaurant facilities therein.
[h]
Mortuaries or funeral parlors: 15 spaces for each parlor.
[4]
Business or industrial uses.
[a]
Furniture, floor-covering, or appliance stores; home furnishings and equipment sales; custom shops; wholesale businesses: one space for each 700 square feet of gross floor area, with a minimum of four spaces required.
[b]
New or used car sales: one space for each 700 square feet of sales area within a building, but not less than 10 spaces for customer parking and one space for each two employees. Such spaces shall be clearly marked and shall not be used for the parking of unregistered motor vehicles.
[c]
Gasoline stations, automobile collision, public garages or repair garages, principal or accessory: three spaces for each service bay, minimum six spaces.
[d]
Shopping centers: six spaces per 1,000 square feet of net floor area.
[f]
Real estate offices: the greater of eight spaces or 1 1/2 spaces per employee.
[g]
Medical and dental clinics and offices: eight spaces per doctor or dentist.
[h]
Other business or professional offices or banks, public and semipublic buildings, including government buildings: one space for each 175 square feet of gross floor area.
[i]
Manufacturing, industrial plants, wholesale distributors, laboratories, general commercial and other services, machine shop: one space per employee.
[j]
Roadside stands: minimum three spaces.
[k]
All other principal uses not above enumerated or excepted: one space for each 350 square feet of gross floor space.
[5]
Mixed uses. Except as otherwise provided in Subsection E(1)(a)[4], where any building or lot is occupied by two or more uses having different parking requirements, the parking requirement for each use shall be computed separately to determine the total off-street parking requirement.
(2)
Stacking requirements. In addition to minimum parking requirements established by Subsection E(1)(a), the following stacking areas are required. The size of each space shall be 20 feet in length by nine feet in width.
(a)
Rapid car wash: 35 spaces per stall.
(b)
Coin car wash: five spaces per stall.
(c)
Drive-in bank, accessory to bank office: eight spaces per booth, customer facility or service window.
(d)
Drive-in bank, not accessory to bank office: 10 spaces per booth, customer facility or service window.
(e)
Self-service gas stations: four spaces per pump.
(f)
Other drive-in facilities: 10 spaces per booth, customer facility or service window.
(3)
Modifications of requirements.
(a)
Variation of requirements. The parking, stacking and loading requirements applicable to a lot may be varied by the Town Board where it finds that the objectives of this section can be met with respect to that lot and the specific activity or use to be conducted thereon with reduced facilities.
(b)
Public parking facilities available. The parking spaces required hereunder may be modified by the Planning Board after receiving a recommendation from the Building Inspector where he finds that free parking areas or publicly owned parking areas are accessible within 600 feet, and where land is not available for development of off-street parking as required herein, or where public transportation is used extensively.
(c)
Parking for single and mixed uses. A building occupied by one use shall provide the off-street parking spaces as required for the specific use. A building, or group of buildings, occupied by two or more uses, operating normally during the same hours, shall provide spaces for not less than the sum of the spaces required for each use. For a multiple development, parking spaces shall be provided for the total area of the building or buildings as set forth in this section, instead of the requirements based on each separate use. For the purposes of this subsection, a "multiple development" shall be defined as four or more offices or commercial or industrial establishments or enterprises, or combinations thereof, which are located in a single building or in two or more buildings, developed as a part of a single integrated development.
(d)
Joint use of parking facilities.
[1]
Churches, civic clubs, community centers, auditoriums, lodge halls, gymnasiums and stadiums may make arrangements with business establishments which normally have different hours of operation for sharing up to, but not more than, 50% of their requirements in nearby parking areas which are accessory to such business uses; provided, however, where there is a sharing of facilities by different owners or tenants, there shall be an agreement covering a period of time as may be required by the Town Board; and provided, further, that should any of the uses be changed or the facilities discontinued, then the required spaces for the use or uses remaining shall be provided elsewhere as a condition precedent to the continued use of said building or buildings.
[2]
Where churches, civic clubs, community centers, auditoriums, lodge halls, gymnasiums and stadiums share parking facilities with nearby business establishments, such parking facilities shall be located within 250 feet from the property line of said use.
(e)
Accessory uses. No off-street parking shall be required for uses accessory to hospitals or convalescent or nursing homes or for an accessory restaurant used primarily for students, patients, tenants or employees occupying a principal use.
F.
Design regulations.
(2)
Location of off-street parking facilities.
(b)
Civic uses and places of assembly. Driveways and parking areas serving churches, clubs, community centers and other public facilities within or adjacent to a residential district may not be located within required side and rear yards and driveways only may be within the front yard. Driveways and parking areas shall be located not less than 25 feet from any adjacent residential lot lines.
(c)
Commercial and industrial districts.
[1]
In all business and industrial districts, off-street parking, loading and stacking facilities shall be provided on the same lot as the principal use or on another lot zoned business or industrial, the nearest point of which shall be within 250 feet from the nearest entrance of the building served.
[2]
Restricted parking lots permitted only in R and MF Districts. The Town Board may direct the Building Inspector to issue a permit for the parking, loading or stacking areas in such residential districts if, after public hearing advertised in the manner required by law and written notification to property owners within a radius of 500 feet, and after receiving a recommendation from the Planning Board, the Town Board finds that the proposed parking, loading or stacking area in an R or MF District to be accessory to a business use:
[a]
Will not increase the congestion on adjoining residential streets in such a way as to promote a traffic hazard or a nuisance to adjoining residents;
[b]
The proposed lot will be properly screened, lighted and designed so as to prevent nuisance to adjoining residents;
[c]
The proposed lot will be landscaped as required by this chapter;
[d]
The lot will be suitable for the proposed use;
[e]
The lot shall not provide more than 25% of the required parking, loading and stacking area;
[f]
At least 100 feet of said lot shall abut or be directly across the street or alley from the business use to which it is accessory;
[g]
The lot shall not extend more than 250 feet from the nearest property line of the business district;
[h]
The lot shall be used for the purpose of passenger automobiles only, and no commercial repairs, sales or services shall be conducted thereon; and
[i]
Driveways and parking areas shall be located not less than 25 feet from any adjacent residential lot line.
[3]
Parking limitations at automobile service facilities. Unenclosed parking of motor vehicles at automobile service facilities shall be limited to four vehicles and no vehicle shall remain so parked in excess of 24 hours.
[4]
Parking, stacking and loading area improvements applicable to all districts. Parking, stacking and loading areas and access driveways shall be designed, graded, constructed, altered and maintained as follows:
[a]
Grading and paving. Parking, stacking and loading areas and access driveways shall be graded and drained so that the surface water shall not be allowed to flow onto adjacent properties. Parking areas and driveways shall be constructed as required by the Town's adopted Building Code, as amended.
[b]
Features. Parking, stacking and loading areas shall be arranged, marked and maintained as shown on the parking, loading and stacking plan approved as a part of the site plan in order to provide for orderly and safe parking, loading and storage of vehicles. The Planning Board may also require structural or landscape features, including without limitation bumper guards, curbs, walls or fences to further carry out the objectives of this chapter. A compact evergreen hedge, shrubs or other screening by a substantially solid fence between parking areas and the side or rear lot line of a residential district may also be required in accordance with the standards established in other sections of this Code.
[c]
Illumination. Parking, loading and stacking areas shall be illuminated only to the extent necessary to ensure the public safety. Illumination shall not be used for the purpose of advertising or attracting attention to the principal use. Lighting features shall be designed, sized and located so as not to cast direct rays upon adjoining premises or cause glare hazardous to pedestrians or persons using adjacent public streets.
[d]
Pedestrian walks. Pedestrian walks between parking areas and buildings shall be provided to assure pedestrian safety.
[5]
Driveways to parking areas. Entrance and exit driveways serving parking facilities, drive-in businesses, fee parking lots, and public parking lots shall be provided in location, size and number so as to interfere as little as possible with the use of adjacent property and the flow of traffic on the streets to which they connect.
G.
Loading facilities. Loading and unloading facilities shall be provided and maintained as long as such building is occupied or unless equivalent facilities are provided in conformance with the regulations of this section.
(1)
Allocation of use. Space required and allocated for any off-street loading facility shall not be used to satisfy the space requirements for off-street parking or stacking. An off-street loading space shall not be used for repairing or servicing of motor vehicles.
(2)
Location of facility. All required loading facilities shall be related to the building and use to be served to provide for loading and off-loading of delivery and other service vehicles and shall be so arranged that they may be used without blocking or otherwise interfering with the use of accessways, parking or stacking facilities, public streets or sidewalks. A required loading space shall not face or be visible from the frontage street and shall not be located in a required front yard, or a required side or rear yard if adjoining a residential district.
(3)
Access driveways. Each required off-street loading space shall be designed for vehicular access by means of a driveway, or driveways, to a public street in a manner which will least interfere with adjacent traffic movements and interior circulation.
(4)
Minimum size criteria. A required off-street loading space shall be at least 12 feet wide by at least 20 feet in length. The above area shall be exclusive of the maneuvering space, and each loading facility shall have a vertical clearance of at least 14 feet.
(5)
Schedule of required loading facilities. Off-street loading spaces shall be provided as required herein for the following uses:
Use | Gross Floor Area of Single Enterprise Building or per Enterprise Within a Building (square feet) | Required Number of Spaces |
|---|---|---|
Retail stores and services, all types | Under 5,000 | 1 |
5,000 to 20,000 | 2 | |
20,000 to 50,000 | 4 | |
50,000 to 100,000 | 6 | |
Printing, publishing, warehouses and storage establishments | Under 40,000 | 2 |
40,000 to 100,000 | 4 | |
Manufacturing and processing of products | Under 20,000 | 2 |
20,000 to 40,000 | 4 | |
Each additional 25,000 | 1 additional |
§ 400-29 Landscaping.
[Amended 4-21-2024 by L.L. No. 1-2025]
A.
Intent. It is the purpose and intent of this section to:
(1)
Protect and promote the public health, safety and general welfare by requiring the landscaping of multifamily residential and all nonresidential developments, including parking areas.
(2)
Establish minimum standards and criteria for the landscaping of multifamily residential and all nonresidential developments, to dissuade the unnecessary clearing and disturbing of land, and to preserve the natural flora, replace removed flora, or plant new indigenous flora.
(3)
Reduce the effects of wind and air turbulence, heat, noise, and the glare of automobile lights.
(4)
Relieve the blighted appearance of parking areas and provide unpaved areas for the absorption of surface waters.
(5)
Reduce the level of carbon dioxide and return oxygen to the atmosphere.
(6)
Prevent soil erosion.
(7)
Provide shade.
(8)
Conserve and stabilize property values and facilitate a convenient, attractive and harmonious community.
B.
General provisions.
(1)
Developments of attached dwelling units in the MF and MU Districts and all nonresidential developments subject to site plan review shall meet the requirements of this section. A landscape plan prepared by a licensed professional shall be submitted as a part of this review procedure.
(2)
The landscape plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate existing and proposed structures and uses, parking areas, access aisles, drainage pattern, and the location, size and description of all landscape materials existing and proposed, including all trees and shrubs; shall indicate any existing plant materials that are to be removed; and shall include any such other information as may be required by the Building Inspector and the Planning Board.
C.
Standards and criteria.
(1)
A minimum ground area of not less than 8% of the total lot area shall be landscaped.
(a)
Landscaped islands within parking lots should be constructed as below-grade water gardens, vegetated appropriately, to provide attractive and functional enhancements to water quality, air quality, and aesthetics.
(b)
Vegetation installed within a landscaped area shall include a minimum of 70% native species and shall be managed to remove any and all invasive plants during the lifetime of the development.
(2)
Landscaping shall be spread across the site, not in one sole location.
(3)
Not less than 8% of the interior of a parking area designed for 20 cars or more shall be devoted to the required landscaped area and shall be distributed as landscaped islands every 10 parking spaces or every 100 feet.
(4)
Landscaping shall provide privacy and screening for adjacent land uses, with visual, noise and air quality factors considered.
(5)
Vegetation shall be comprised of native species compatible with soil conditions on the development site and the regional climate.
(6)
Existing natural features and vegetation shall be preserved and incorporated in the landscaped area wherever possible.
(7)
The primary emphasis of the landscape treatment shall be on trees, and efforts shall be made to preserve existing trees. Shrubbery, hedges, grass and other vegetation should be used as well but must not be the sole landscaping.
(8)
All buildings shall incorporate foundation plantings wherever possible.
(9)
The interior dimensions of any landscaped area or median shall be a minimum of seven feet wide to ensure the proper growth of materials planted therein.
(10)
The removal of any one tree on a development site identified for preservation must be followed by the planting of two trees elsewhere on the site. All trees planted shall have a minimum caliper of 2 1/2 inches six inches above the ground.
(11)
Artificial plantings or vegetation is not be permitted.
(12)
Parking, loading and stacking areas and driveways located adjacent to residential districts shall be landscaped by screening and/or buffering. Such screening and/or buffering shall be designed so that a person standing on the adjacent residential parcel on the minimum setback line, five feet above the average finished grade, would not be able to see any uses, activities or automobile lights originating from the area. This standard may be met by using fencing, plant materials, earthen berms or combinations thereof within the required side and rear yards.
D.
Parking credits for landscaping. The Planning Board, as a part of site plan review, may reduce the minimum number of off-street parking spaces required by this chapter by not more than 10%, provided that the land area so removed is used exclusively for landscaping, but is not necessary to meet the minimum landscaping area required. The Planning Board may later determine that the land area so removed is needed to provide necessary off-street parking and may order installation thereof. Failure to comply with such an order within the time fixed thereby shall constitute a violation of this chapter.
E.
Maintenance and enforcement. All landscaped areas required and/or permitted by this section shall be maintained and preserved according to the plan as approved or amended by the Planning Board. Dead vegetation of any variety must be replaced within the next planting season by plantings of a similar nature.
§ 400-30 Signs.
[Amended 4-21-2024 by L.L. No. 1-2025]
A.
Intent. Sign regulations, including provisions to control the type, design, size, location, motion, illumination and maintenance thereof, are designed to achieve the following purposes:
(1)
To protect property values, create a more attractive economic and business climate and protect the physical appearance of the community from the effects of inharmonious, bizarre, and out-of-scale signs.
(2)
To preserve the scenic and natural beauty of designated areas and provide a more enjoyable and scenic community.
(3)
To reduce signs or advertising distractions or obstructions that may contribute to traffic accidents.
(4)
To provide reasonable, yet appropriate, conditions for advertising goods sold or services rendered in business districts by relating the size, type and design of signs to the type of establishment.
(5)
To control signs so that their appearance will be aesthetically harmonious with the overall design of the area.
(6)
To reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way.
(7)
To curb the deterioration of natural beauty in the community's environment.
B.
Definitions. The terms used in this section or in documents prepared or reviewed under this section shall have the meanings indicated in Article III, Terminology.
C.
Exceptions. For the purposes of this chapter, the term "sign" does not include:
(1)
Signs erected and maintained pursuant to and in discharge of any governmental function.
(2)
Signs prohibiting trespassing.
(3)
Integral, decorative or architectural features of buildings, except letters or trademarks.
(4)
Signs not exceeding four square feet per face directing and guiding traffic and parking on private property and bearing no advertising.
(5)
Signs not exceeding one square foot per face advertising the cost of gasoline when attached to a gasoline pump or service island canopy.
D.
General regulations. The prohibitions contained in this subsection shall apply to all signs and use districts.
(1)
No sign shall be used to attract attention to an object, product, place, activity, institution, organization or business not available or located on the premises where the sign is located.
(2)
Illumination. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign other than that part used to report time, temperature, stock market and/or news reports shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced. Overhead wires or exposed wires on a sign or its supporting members are prohibited.
(3)
Signs on public property. No sign shall be placed in any street right-of-way or on other public property unless specifically authorized.
(4)
Roof signs. No signs, except such directional devices as may be required by the Federal Aviation Agency, shall be placed, inscribed or supported upon or above the highest part of the roofline.
(5)
Temporary signs. No exterior portable or temporary signs shall be erected, used or maintained without a permit issued by the Building Inspector for the following purposes only:
(a)
New business enterprises which are awaiting erection of permanent signs, for a period not exceeding 30 days.
(b)
Business enterprises which have lost the use of an existing sign by reason of fire or other catastrophe, for a period not exceeding 30 days.
(c)
Limited activities in connection with the principal uses or activity on the premises, for a period not exceeding 30 days per permit and not exceeding 120 accumulated days per calendar year.
(d)
Signs advertising the price of merchandise displayed outdoors, excluding farm products grown on the premises, not exceeding 32 square feet in face area.
(6)
Banners, etc. No banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving signs or devices or strings of lights shall be permitted.
(7)
Obstructions. No sign shall create a traffic hazard by obstructing the view at any street intersection or by design resemblance through color, shape or other characteristics to common traffic control devices. No freestanding sign having the lowest member, excluding the pole, less than eight feet above the finished grade shall be allowed on corner lots in a triangle formed between points on the front and side lot lines 35 feet from the intersection.
(8)
Maintenance of signs. All signs and sign structures shall be maintained in good repair and condition. Signs and their supporting structures which no longer serve the purpose for which they were intended or which have been abandoned or are not maintained in accordance with this chapter and other applicable regulations of the Town, shall be removed by the owner, lessee or user thereof, the permit holder or owner, lessee or user of the premises upon which it is located.
(9)
Nonconforming signs.
(a)
Signs, including billboards, conforming to the regulations prevailing prior to the effective date of this amendment, but which do not conform with the regulations herein or subsequent amendments thereto, shall be nonconforming signs. Any sign or part thereof which has been blown down, destroyed or otherwise taken down for any purpose other than repair, shall not be rebuilt, re-erected or relocated unless it complies with the provisions of this section and other applicable regulations.
(b)
Where signs individually or collectively in a multiple development are nonconforming, one or more new wall and canopy/fascia signs complying with the provisions of Subsection F(2)(c)[1] may be erected whenever the use or occupancy of an individual establishment or enterprise changes.
E.
The following signs are permitted in all districts as accessory uses or structures, without a use permit:
(1)
Sale, lease or rental. One sign for each building or lot advertising the sale, rental or lease of the premises or part thereof on which the sign is displayed, not exceeding six square feet in residential districts and 32 square feet in business and industrial districts. Illumination shall not be permitted.
(2)
Address. One sign indicating the name and address of the occupants of a dwelling not exceeding two square feet in area. An address sign shall not be permitted if a sign permitted for the office of a resident professional is in use.
(3)
Project name. One sign indicating "project name" and the names of the architect, engineer, contractor and participating public and governmental agencies and officials, placed on premises where construction, repair or renovation is in progress, not exceeding 32 square feet in face area, 15 feet in height or located not less than 25 feet from the lot line and 75 feet from any dwelling not within the project. Such sign shall be permitted for a period not to exceed one year.
F.
Signs permitted in districts as accessory structures or uses requiring a use permit.
(1)
Residential districts. The following signs shall be permitted in residential districts in addition to those specifically permitted within the individual districts:
(a)
One permanent subdivision nonilluminated identification sign not exceeding 32 square feet in area and four feet in height, indicating the name of the subdivision or residential development. Said sign may be located in the public right-of-way if authorized by the Town Board, after review by the Planning Board and Highway Superintendent.
(b)
In the MF District, one permanent nonilluminated identification sign indicating the name, owner or manager of the development, not exceeding 32 square feet in face area and six feet in height above the finished grade, shall be permitted on a major street which the development abuts, but not less than 25 feet from any lot line.
(c)
One sign or bulletin board, which may be illuminated, not exceeding 32 square feet in face area, located on the premises of a public, charitable or religious institution shall be permitted, but not less than 25 feet from any lot line, and no more than six feet in height above the finished grade.
(2)
Business and industrial districts. Signs, which may be illuminated, shall be permitted in business and industrial districts subject to the following regulations:
(a)
Total maximum face area of all signs other than temporary or portable signs permitted shall be as indicated in the following table. The total maximum face area of all signs permitted for establishments or enterprises occupying a building shall be related to the length of the building facing the nearest street. Where a building fronts on more than one street, the frontage shall not exceed the length of the longest side on one street.
Total Maximum Sign Face Area (square feet) | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Building Frontage (feet) | Less Than 40 | 40 to 80 | 81 to 120 | 121 to 160 | 161 to 200 | 201 to 240 | 241 to 280 | 281 to 320 | 321 to 360 | 361 and over |
MF/MU | 40 | 80 | 120 | 160 | 200 | 240 | 280 | 320 | 360 | 400 |
LC/GC | 60 | 120 | 180 | 240 | 300 | 360 | 420 | 480 | 540 | 600 |
LI/GI | 40 | 80 | 120 | 160 | 200 | 240 | 280 | 320 | 360 | 400 |
(b)
The area of a pictorial design, illustration, forms of humans, animals, products and trademarks shall be charged against the maximum sign face area permitted.
(c)
Types and numbers of signs permitted within total maximum face area; design requirements.
[1]
Wall signs. Wall signs shall be permitted for each separate establishment or enterprise occupying a building or unit thereof, but shall not project beyond the ends of the building or its parapet or the highest point of the roof, whichever is higher.
[2]
Ground signs. One ground sign for each multiple development as hereinafter defined in individual building not a part of such development shall be permitted. Such signs:
[a]
Shall be no higher than four feet above the average finished grade.
[b]
Shall have a total face area not exceeding 100 square feet.
[c]
Shall be located not less than 25 feet from any adjacent business or industrial lot or 50 feet from an adjacent residential lot or 15 feet from a street right-of-way.
[3]
Pole signs. One pole sign for each individual building not a part of a multiple development as hereinafter defined and regulated shall be permitted in the LC, GC, LI, and GI Districts only.
[a]
Such signs shall be supported wholly by a pole or poles.
[b]
Such signs shall not exceed 25 feet in height nor shall the lowest part of the sign be less than eight feet from the finished grade of a paved walk, drive or parking area.
[c]
Such signs located not less than 50 feet from an adjacent residential lot.
[d]
Such signs shall not project over any public right-of-way or encroach upon the property of another.
[e]
The maximum total face area shall be determined by the street frontage of the lot as indicated in the following table. Where the lot fronts on more than one street, the frontage shall be the length of the longest side. Total pole sign area shall be charged against the maximum face area indicated in Subsection F(2) above.
Total Maximum Sign Face Area of Pole Signs (square feet) | |||||
|---|---|---|---|---|---|
Street Frontage (feet) | Under 200 | 200 to 349 | 350 to 499 | 500 to 750 | Over 750 |
LC | 32 | 64 | 96 | 128 | 160 |
GC/LI/GI | 64 | 96 | 128 | 160 | 192 |
[4]
Under-canopy/fascia signs. Not more than two signs for each establishment or enterprise shall be permitted. However, a fascia sign and an under-canopy sign suspended from and parallel to the fascia shall not be permitted. Such signs:
[5]
Multiple development.
[a]
For the purposes of this subsection, a "multiple development" shall be defined as four or more offices or commercial or industrial establishments or enterprises, or combinations thereof, which are located in a single building or in two or more buildings developed as part of a single integrated development.
[b]
In multiple developments, each individual establishment or enterprise shall be permitted to have wall, under-canopy/fascia and ground signs subject to the regulations herein and one pole sign advertising the name of the development only. The face area of the pole sign may be at least 96 square feet regardless of the street frontage specified in Subsection F(2)(c)[3](e) above and shall be in addition to the maximum face area otherwise allowed.
G.
Billboards. Billboards are not permitted.
H.
Application for use permits.
(1)
Except as otherwise provided herein, a use permit required by and issued pursuant to the provisions herein shall be valid for a period of five years from the date thereof. Prior to the expiration of the five-year period, the owner of such sign shall apply to the Building Inspector for renewal of the use permit. If the Building Inspector, after inspection, finds that the sign is in good repair and conforms to the original permit, he shall issue a renewal permit which shall be valid for a further period of five years. Application for further renewals shall be made every five years in accordance with these provisions. Any sign for which a use permit has expired shall be removed.
(2)
No sign erected and permitted pursuant to a use permit as required or any sign erected and existing prior thereto shall be altered, rebuilt or modified unless it conforms to the requirements hereof and a new use permit therefor is issued.
(3)
If the use permit for a sign has expired or if, after inspection upon application for a renewal use permit or at any other time, the Building Inspector finds that a sign is not in good repair or does not comply with the use permit issued or with the provisions of Subsection D(8) above, he shall order the owner or lessee of the premises upon which it is located, the owner and user of the sign, and the holder of the use permit to repair it or bring it into compliance with the use permit, as the case may be, or remove the same within 30 days following the date of personal service or mailing thereof. Such order shall be written and served personally or by certified mail directed to the last known address of the owner, lessee, user or holder. Failure to comply with such an order shall constitute a violation of this chapter.
(4)
A building permit issued for the erection, alteration, modification or repair of any sign conforming to the requirements of this chapter shall constitute the use permit herein required. The term of the use permit shall not be limited by any restriction contained in the building permit for commencement of the work thereby authorized.
§ 400-31 Nonconforming uses.
A.
Intent. Within the districts established by this chapter or amendments that may be adopted there exist lots, structures, uses of land and characteristics of use which were lawful before this chapter or amendments thereto were passed, but which would be prohibited, regulated or restricted under terms of this chapter or future amendments. Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming lots, structures, land and uses are established for the following purposes:
(1)
To permit these nonconformities to continue, but to minimize any adverse effect on the adjoining properties and development;
(2)
To regulate their maintenance and repair;
(3)
To restrict their rebuilding if substantially destroyed;
(4)
To require their permanent discontinuance if not operated for certain periods of time; and
(5)
To require conformity if they are discontinued, to bring about eventual conformity in accordance with the objectives of the Comprehensive Plan and Zoning Ordinance of the Town.
B.
Nonconforming lots of record.
(1)
In any residential district in which single-family detached dwellings are permitted, a single-family detached dwelling and customary accessory structures may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
(2)
This provision shall apply even though such a lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such a lot is located. Variance of yard requirements shall be obtained only through action of the Zoning Board of Appeals.
(3)
If two or more lots or combination of lots or portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for width and area, the lands involved shall be considered an undivided parcel for the purposes of this chapter. The provisions of this section shall not apply if any portion of said parcel shall, after the adoption of this chapter or amendment, be used or divided in a manner which prevents or diminishes compliance with the requirements established by this chapter or amendment thereto.
C.
Nonconforming uses and structures.
(1)
Except as hereinafter authorized, no nonconforming use of land shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or an amendment of this chapter; nor shall any existing conforming structure devoted to a use not permitted by this chapter in the district in which it is located or a nonconforming structure itself or its use if nonconforming be enlarged, extended, constructed, reconstructed or moved, except in changing the use of the structure to a use permitted in the district in which it is located or to make the structure conforming.
(2)
Restoration of a damaged use or structure.
(a)
If a nonconforming use or structure is destroyed or damaged by fire, other casualty, act of God or by the public enemy to the extent of less than 50% of its value immediately prior to the occurrence, it may thereafter be reconstructed or repaired and occupied. If a nonconforming use or structure in the nature of a two-family dwelling is destroyed or damaged by fire, other casualty, act of God, or act of the public enemy even where the damage is greater than 50% of the value prior to the occurrence, it can thereafter be reconstructed, repaired, renovated and reoccupied as such nonconforming use. In all other cases, the nonconforming use shall be terminated and any nonconforming structure shall be terminated and any nonconforming structure shall be demolished. Application for a building permit to repair, replace or reconstruct a partially destroyed or damaged use or structure as herein authorized must be made within one year of the occurrence, and the repair, replacement or reconstruction must be completed within six months following the issuance of the permit, or the nonconforming status of the use or structure shall be terminated, and any nonconforming structure then remaining shall be demolished.
(b)
Nonconforming uses may be enlarged up to 25%, provided that no enlargement shall exceed 25% of the size of the use at the date the use was rendered nonconforming.
(3)
Superseding a nonconforming use by a permitted use. Any structure and/or land in and/or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district.
(4)
Moving a nonconforming use or structure. A nonconforming use or structure shall not be moved for any reason other than in conformance with the regulations for the district in which it is located after it is moved.
(5)
Discontinuing or abandoning a nonconforming use or structure.
(a)
A nonconforming use or structure discontinued or abandoned for 12 consecutive months, or for 18 months during any three-year period, shall not thereafter be used or occupied, except in conformity with the regulations of the district in which it is located.
(b)
Discontinuance of the active and continuous operation of a nonconforming use, or a part or portion thereof, for a period of 12 consecutive months or 18 months during any three-year period, is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced, by the removal of buildings, structures, machinery, equipment and other evidence of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than 12 consecutive months and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
(6)
Nonconforming parking, loading and stacking facilities. A structure, use or occupancy existing lawfully at the time this chapter or any amendment thereto becomes effective, but which does not conform with the off-street parking, loading and stacking regulations, may be occupied or continued without such parking and/or loading spaces being provided. Any such spaces that may be provided thereafter shall comply with the regulations of this chapter. If an existing structure, use or occupancy is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use or occupancy is changed to one requiring more off-street facilities, then off-street parking, stacking and loading spaces shall be provided at least equal to the number required for the increased area for the structure or use in accordance with all provisions of this chapter.
D.
Repair and maintenance.
(1)
On any nonconforming structure or portion of a structure containing a nonconforming use or occupancy, ordinary repair work may be done, and repairs or replacements of non-load-bearing walls, fixtures, wiring or plumbing may be made, provided that the cubic content existing when it became nonconforming shall not be increased.
(2)
If a nonconforming structure or portion of a structure containing a nonconforming use is declared by any duly authorized official to be physically unsafe or unlawful due to lack of repairs or maintenance, it may be strengthened or restored to a safe condition upon order of an official charged with protecting the public safety.
§ 400-32 Minimum building lines on major streets.
Except as provided in § 50-16, minimum building lines measured from the center of the street shall supersede the minimum front yard requirements for those districts on the following streets:
Street Name | ||
|---|---|---|
Location | Minimum Distance (feet) | |
Transit Road | North and south of Village of Depew | 90 |
Genesee Street | East of Harris Hill Road | 90 |
Wehrle Drive | West of Harris Hill Road | 90 |
Walden Avenue | From Cemetery Road east to Town Line Road | 90 |
William Street | All | 90 |
Pavement Road | All | 90 |
Bowen Road | All | 90 |
Aurora Street | All | 90 |
Town Line Road | All | 90 |
§ 400-33 Supplementary height regulations.
Flagpoles and chimneys, radio or television antennas located upon and constituted as an integral part of a principal structure and windmills may be erected above the height limit specified, but are limited to a height not exceeding 60 feet above the average finished grade. Mechanical space for building equipment placed on the building roof may be allowed above the maximum height specified, provided that such mechanical space is set back a minimum of 15 feet from any exterior wall, does not exceed 15 feet in height and is screened from view.
§ 400-34 Fences and walls.
A.
No fence or wall in a residential district shall exceed six feet in height, except where it abuts a nonresidential district, in which event it shall not exceed eight feet in height; provided, however, that a fabric fence not exceeding 12 feet in height enclosing a tennis court shall be permitted. For the purpose of screening, the Planning Board may require fences, vegetation or other appropriate material in nonresidential districts where they abut residential districts to assure privacy for adjacent land uses with visual, noise and air quality factors considered.
B.
In no event shall fences or walls in nonresidential districts abutting residential districts exceed eight feet in height.
C.
Within nonindustrial districts, no fence or wall, other than a necessary retaining wall, over three feet in height, shall extend into the front yard of any lot.
D.
The height of all fences or walls shall be measured from the average finished grade of the lot.
E.
The fence posts and other supporting structures of the fence shall face the interior of the area to be fenced.
F.
The Town Board reserves the right to deny or revoke a building permit for the installation of a fence where the Town Board in its discretion determines the fence as proposed to be installed would or could pose a threat to the public health, safety and welfare.
§ 400-35 Clear vision at intersections.
Clear vision shall be maintained on corner lots in a triangle formed between points on the front and side lots' lot line 35 feet from the intersection. Within that area, no fence, wall, ornamental gate or portal, bushes or shrubbery shall be permitted higher than two feet above the average finished grade of the lot. Trees shall be permitted within the area only if maintained and trimmed so that no branches or foliage are less than eight feet above the average finished grade of the lot.
§ 400-36 Projections into yards and courts.
A.
Cornices and eaves may project not to exceed 18 inches over any required yard or court.
B.
Sills, leaders, belt courses and similar ornamental or structural features may project six inches into any required yard or court. An open fire balcony or fire escape or a fire tower may project into a required yard not more than four feet.
C.
Bay windows, oriels or balconies.
(1)
Ground-story bay windows, oriels or balconies having a combined total width not exceeding 1/2 the length of the wall to which they are attached may project not more than three feet into any required yard. An open porch not over one story high may project into any required side yard, provided that it does not come nearer the side lot line than a distance equivalent to 1/2 the width of the side yard required as a minimum for that lot.
(2)
No porch, oriel, bay window, balcony or stairway constructed under the provisions of the preceding subsection shall have a width or a greater dimension in excess of twice the distance of its projection. An open porch or entranceway may project not to exceed eight feet into a required front yard. A bay window not over one story high may project four feet into a required front yard. Such bay windows shall not occupy more than one-half of the wall to which they are attached. Where part of the front wall encloses garage space, such wall space shall not be used to figure length of the bay windows.
D.
A chimney, smokestack, flue or elevator shaft may project into any yard or court required as a minimum, provided that the horizontal section of the projection does not exceed 12 square feet in any residence district or nine square feet in any other district, and provided that it does not come nearer the side lot line than a distance of three feet.
§ 400-37 Ornamental gates and portals.
Ornamental gates and portals may be constructed in any district, but only on private property, and may be located in a required yard.
§ 400-38 Subdivisions.
A.
General provisions.
(1)
Title. The official name of these regulations shall be the Town of Lancaster Subdivision Regulations, hereafter referred to as the "Regulations."
(2)
This section is adopted under the authority of Article 16 of the Town Law of the State of New York. Pursuant to New York Town Law § 276, the Town Board is authorized and empowered to approve plats showing lots, blocks or sites, with or without streets or highways, and to approve preliminary plats, within the Town. The Planning Board has authority to review and make recommendations for approval to the Town Board for subdivisions pursuant to these Regulations.
(3)
This section is enacted under the authority of the Municipal Home Rule Law § 10(1)(ii), Subparagraphs (a)(12) and (d)(3), and Municipal Home Rule Law § 22. It is the intent of these Regulations to supersede the provisions of New York State Town Law dealing with subdivisions and the Highway Law in the following circumstances:
B.
Scope and application.
(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 these regulations.
(2)
All plans for subdivision shall be submitted to the Planning Board for review and recommendations before they are acted upon by the Town Board.
(3)
For all major and minor subdivisions, the Planning Board shall provide an advisory opinion to the entity acting as lead agency for SEQRA review.
(4)
The provisions contained herein shall apply to all land within the Town of Lancaster.
C.
Purposes and intent. These regulations for the subdivision of land were enacted to provide for the orderly growth and coordinated development of the Town of Lancaster (the "Town") and its subdivisions, to ensure the comfort, convenience, safety, health and welfare of Town residents. In addition, the Regulations are intended:
(1)
To guide the future growth and development within the Town in accordance with sound planning principals to obtain harmonious and stable residential and nonresidential areas.
(2)
To ensure the design and installation of high-quality improvements and infrastructure in compliance with the specifications and standards established by the Town.
(3)
To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
(4)
To minimize ongoing costs of operating and replacing the Town's infrastructure.
(5)
To provide coordination of land development activities in accordance with the objectives of the Town's zoning laws and comprehensive plan.
(6)
To protect and conserve the value of land, buildings and improvements and to minimize conflicts among the uses of land and buildings.
(7)
To ensure that local subdivision actions comply with the requirements of county, state and federal law.
(8)
To provide safe and convenient vehicular and pedestrian circulation, and to create a beneficial relationship between land and buildings that allows proper access and circulation of traffic.
(9)
To require reservation of space for school, recreation and other public uses.
(10)
To ensure the accurate preparation and recording of plats.
(11)
To ensure subdivision design mindful of avoiding, minimizing, or mitigating natural hazards and protecting natural resources.
(12)
To preserve the natural beauty of the Town and to ensure appropriate development with respect to environmentally sensitive areas.
D.
Validity. Should any section or provision of these Subdivision Regulations be declared invalid, such decision shall not affect the validity of these Regulations as a whole, or any part thereof, other than the section or provision so declared to be invalid, nor shall the decision affect its application to different facts or circumstances.
E.
General regulations for subdivisions.
(1)
By authority of the provisions of § 274-a of Article 16 of the New York State Town Law, the Planning Board is directed to study each plat for land subdivision within the Town and to recommend to the Town Board approval, approval with modifications or disapproval, in accordance with the procedure and standards hereinafter stated. Such recommendation shall be transmitted to the Town Board within 45 days after the preliminary plat has been referred to the Planning Board by the Town Board or after receipt of the application fee and sketch plan in the case of a minor subdivision. The Town Board shall not act upon the proposed subdivision until the Planning Board has reported or 45 days have elapsed. In case of a recommendation for disapproval, the Planning Board shall state the reasons for such recommendation.
F.
Design and performance.
(1)
General design guidelines. The following are general design guidelines for all public streets:
(a)
Planned layouts shall minimize overall length of local streets.
(b)
Streets shall provide safe and convenient access to housing.
(c)
All dwellings shall be accessible by emergency and service vehicles.
(d)
Roadway networks shall improve efficiency and connectivity while preserving neighborhood character.
(e)
Traffic-calming and access management measures shall be used in conjunction with a connected roadway network where needed.
(f)
Provide for looping of utilities, where appropriate and desirable.
(g)
Necessary lighting along streets and walkways shall be provided as determined in the discretion of the Planning Board and/or Town Board.
(h)
Use of signs shall be minimized and signposts shall be unobtrusive.
(i)
Informational signs shall not compete with traffic control signs for driver attention.
(j)
Use of breakaway street furniture shall be considered wherever possible and shall be grouped for aesthetic as well as safety values.
(k)
Sight distances shall be consistent with probable traffic speed, terrain, alignments, and climatic extremes.
(l)
Pedestrian, bicycle, and vehicular traffic shall be separated to the extent feasible.
(m)
Parks, play areas, and interior block open spaces shall be visible from the street.
(n)
Horizontal and vertical street alignments shall relate to the natural contours of the site insofar as is practical and shall be consistent with other design objectives.
(o)
Horizontal and vertical alignment of streets shall be selected to minimize grading quantities.
(p)
Wherever possible, street layouts shall be planned to avoid excessive runoff concentration.
(q)
Streets crossing drainage ways inevitably will function as dams, and shall be designed to minimize adverse backwater effects, scour, and erosion.
(r)
Subdivisions proposed to be located in the Access Management Overlay District, as defined in this chapter, shall comply with the design and other requirements of that overlay district.
(s)
No subdivisions shall be created that have the effect of creating one or more flag lots.
(2)
Design standards for streets.
(a)
General objectives. Streets shall be of sufficient width, suitably located and adequately constructed to accommodate the prospective traffic and normal road maintenance equipment. Street systems shall promote connectivity. The arrangement of streets shall be coordinated such that the streets compose a convenient system, cause no undue hardship to adjoining properties and render no property inaccessible from an existing street or from a proposed street in a subdivision for which a completion bond or similar performance guaranty has been posted.
(b)
Requirements.
[1]
Right-of-way widths shall be as follows:
Type of Street | Minimum Right-of-Way Width (feet) |
|---|---|
Arterial | Per state or county requirement, as applicable |
Collector | 66 |
Local or minor street | 66 |
[a]
These distances may be modified as determined after consultation with the Erie County Department of Public Works, the Planning Board, the State Department of Transportation, or the agency with jurisdiction over the road at issue. All deviations from these standards must be approved by the Town Board in conjunction with its review of the final plat.
[2]
Pavement widths curb to curb shall be not less than the following:
Type of Street | Pavement Width (feet) |
|---|---|
Arterial requirement | Per state or county as applicable |
Collector | 28 |
Local or minor street | 28 |
[a]
These distances may be modified as determined after consultation with the Erie County Department of Public Works, the Planning Board, the State Department of Transportation, or the agency with jurisdiction over the road at issue. All deviations from these standards must be approved by the Town Board in conjunction with its review of the final plat.
[3]
Street grades.
[a]
Street grades may be not more than 7% nor less than 0.4 of 1% (or as determined after consultation with the Town or Erie County Department of Public Works, the Town Board or the State Department of Transportation, when applicable).
[b]
Grades approaching intersections may not exceed 4% for a distance of not less than 100 feet from the center line of said intersection where possible (or as determined after consultation with the Town Highway Department, the Erie County Department of Public Works, the Town Board or the New York State Department of Transportation, when applicable).
[5]
All vertical curves shall have such length as necessary to provide safe sight distances as specified by the American Association of State Highway Officials.
[6]
Except for minor streets and alleys, there shall be a tangent of at least 100 feet between reverse curves.
[7]
Street intersections shall be laid out as follows:
[a]
Streets shall intersect as nearly as possible at right angles, and no street shall intersect at less than 75°. Intersections with principal arterial streets shall be at least 1,300 feet apart measured from center line to center line.
[b]
Proper sight lines shall be provided and maintained at all intersections of streets. Measured along the center line, three feet above the pavement, there shall be a clear sight distance triangle of 200 feet on major arterials, 100 feet on collector streets and 75 feet on local or minor streets, measured from a point of the center-line intersection of the streets.
[c]
A center-line offset minimum of 125 feet shall be provided at street jogs.
[d]
Multiple intersections involving the junction of more than two streets shall be avoided whenever possible, but where they are unavoidable, such intersections shall be designed with extreme care for both vehicular and pedestrian safety.
[8]
Cul-de-sac streets shall not be created to provide access to residential lots except in situations where, in the view of the Planning Board, a through street cannot reasonably be provided due to the physical characteristics of the subdivision parcel and adjoining properties. Where a cul-de-sac street is authorized, either as a permanent dead-end street or as a temporary dead-end street pending completion of a through road network, not more than 12 single-family residential lots may gain access from either the initial development or extension of such cul-de-sac street.
[a]
A cul-de-sac shall be restricted to a maximum of a 7% grade in all zoning districts and to a length of 1,500 feet.
[b]
A turnaround with a right-of-way radius of at least 75 feet and a pavement radius of at least 56 feet shall be provided at the end of any cul-de-sac or permanent dead-end street. The cul-de-sac street shall otherwise be governed by all stated requirements of the Town Street and Highway Specifications.
[9]
A temporary turnaround, 50 feet in radius, shall be required where the logical extension of a subdivision street is terminated and the street is two or more lots deep. A T-type turnaround may be used with the approval of the Highway Superintendent and the Planning Board.
[10]
Minimum design standards. Streets and related improvements shall be laid out and constructed in accordance with the minimum design standards prescribed in the Town Street and Highway Specifications of the Town of Lancaster, as adopted by the Town Board and incorporated by reference in this chapter. Said specifications are on file in the Town offices.
[11]
Where subdivisions are developed abutting existing or dedicated or platted streets where rights-of-way are inadequate, the developer shall make available the additional rights-of-way to meet the minimum standards of these Regulations. Rights-of-way may be determined after consultation with the Highway Superintendent and the Town Engineer.
[12]
Adequate plan consideration and provision for pedestrians and/or bicyclists shall be made, accommodating safe and convenient circulation within the subdivision and between the subdivision and surrounding areas of interest (parks, schools, commercial activity, etc.). Design elements shall include walks, paths, or other linkages along roads, property lines or other common areas within the boundaries of the subdivision, as acceptable to the body with final approval authority (the Town Board). Pedestrian accessway requirements may be waived by the Town Board at its discretion.
(3)
Sewers. Any building that has sanitary facilities, or is used by human occupants for living or sleeping, must be connected to a sanitary sewer system approved by the Erie County Health Department, if such system is available. All sanitary sewers and laterals must be installed before a street is improved in accordance with applicable provisions of the Erie County Division of Sewer and Town Code, including but not limited to Chapters 18 and 37. The Town reserves the right to require the installation of improvements necessary for a subdivision when the site is within a sewer district but public utility services are not currently available.
(4)
Water distribution and fire hydrants. Waterline size shall be a minimum of eight inches and on a grid system or interconnected wherever possible, based on generally accepted engineering practices for required fire flow, or other adjustments required by the Erie County Water Authority and Town Engineer. Fire hydrant type and installation shall be in accordance with the specifications provided by the Town engineering department. Fire hydrants shall be located a maximum of 500 feet apart.
(5)
Blocks. No specific rule concerning the shape of blocks is made, but blocks shall fit readily into the overall plan of the subdivision, and their design shall evidence consideration of topographical conditions, lot planning, traffic flow and public open space areas.
(6)
Block dimensions.
(a)
The maximum lengths of blocks containing a majority of lots 75 feet and over in width shall be 1,800 feet, and the maximum length of blocks containing a majority of lots less than 75 feet in width shall be 1,200 feet.
(b)
Blocks over 900 feet long may, at the discretion of the Planning Board and/or Town Board, require pedestrianways at their approximate centers. The provision of additional accessways to schools, parks or other destinations may be required by the Planning Board and/or Town Board.
(c)
Blocks shall have sufficient width to accommodate two tiers of lots including any additional allowance for natural features in between such as an existing watercourse. This standard shall not apply where single-tier lots are required to separate residential development from arterial traffic, to separate lots from an incompatible use, to accommodate a requirement for single loaded streets, to allow for unusual topographical conditions or when adjacent to the outer perimeter of the subdivision.
(7)
Lots. Residential lots shall comply with the following requirements:
(a)
All lots shall meet the minimum area and lot dimensions required by the Town Zoning Code for the zoning district in which the lot is located.
(b)
Side lot lines shall be substantially at right angles or radial to street lines.
(c)
All lots shall abut their full frontage on a publicly dedicated street or a street that has received the legal status as such or on an approved private road as approved by the Town Board in an open space design development or open development area.
(d)
Lots in a floodway or floodplain or within 100 feet of a designated wetland, whether incorporated as a part of the subdivision or not, are subject to the following provisions:
[2]
Article 24 of the New York State Environmental Conservation Law; and
[3]
Wetlands falling under federal jurisdiction will be subject to a site- specific buffer zone, the width of which is to be as designated by the Town Board, unless appropriate fill permits are obtained from the United States Army Corps of Engineers. Under no other circumstances shall the Town approve any project or issue permits for a project that includes plans to build a structure or place fill within the designated buffer zone.
(e)
A lot of less than 300 feet frontage fronting on a county or state highway shall be designed so as to share a common curb cut with an adjacent lot if either adjacent lot has not been previously granted a curb cut permit. When more than three lots are proposed to be subdivided from a parcel with frontage on a county or state highway, access for all such lots shall be on internal streets, not on a county or state highway. Each lot permitted to front on a county or state highway shall provide for an approved on-site turnaround so as to obviate the necessity of any vehicle from backing onto such highway.
(f)
Any such common curb cut and/or common driveway shall be subject to reciprocal easements and suitable maintenance agreements which shall be noted by reference on the subdivision plat, reviewed and approved by the Town Board, and recorded in the Erie County Clerk's office. Any such common driveway shall be further subject to criteria that may be promulgated by the Town Board for the design, construction and approval of common driveways.
(g)
Access from private streets. Access from privately owned and maintained streets, as may be specifically authorized by the Town Board, in accordance with § 280-a of the Town Law, shall be deemed acceptable only if such streets are designed and improved in accordance with this section and means satisfactory to the said body are provided for the long-term ownership and maintenance of said privately owned and maintained streets. The subdividing of land shall be such as to provide each lot with satisfactory access for routine and emergency purposes from the community's system of public streets and roadways.
(8)
Easements. Utility and other easements shall be provided as follows:
(a)
Utility easements. An easement shall be provided for all utility lines wherever those utility lines do not fall within a dedicated right-of-way. All utility and stormwater easements shall be plotted on both the preliminary and final subdivision plats. The developer must identify all easements in deeds for each lot affected. Utility easements shall have a minimum width of 15 feet. All utility lines that are primarily intended to provide service to the lots within the subdivision shall be installed underground at a depth and at such locations as will minimize risk of interruption of services.
(b)
Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of- way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
(c)
Drainage easements. Drainage easements shall be provided for all natural and man-made drainageways that do not fall within a dedicated right-of- way. All drainage easements shall be plotted on the preliminary and final plats. The Town shall be provided with a metes and bounds description of all proposed easements prior to final plat approval.
(d)
The Town Board reserves the right to require additional cross-access easements when the purposes of the easements are found to be in the public interest.
(9)
Buffer strips/greenbelt. When residential districts directly abut major arterials and/or commercial and industrial development or other areas as determined by the Town, a buffer strip consisting of at least 45 feet shall be provided along the line where such land uses abut. For purposes of title, these buffer strips shall be part of the platted lots but shall have the following restriction set forth on the final plat: "This buffer strip is reserved for the planting of trees or shrubs by the owner or the preservation of natural features; the building of structures and other impervious surfaces hereon is prohibited." No rear yard drainage or utility easements shall be placed in this buffer area unless approval of the Town Board is otherwise granted.
(10)
Utilities. Utilities, to the extent practicable, are to be placed underground throughout a subdivision area in conformance with the Town specifications for public and private improvements. Suitable easements shall be provided for any utility service.
(a)
At a minimum, the following improvements are required to be part of the public improvement plan for a proposed subdivision to assure that the property is adequately served by water, sewer and drainage systems and by electric power and other fuel-distribution systems. To assure that these systems are properly installed and easily repaired, inspection of the installation of these improvements is required.
[1]
Water distribution: a system of transmitting potable water to the subdivision and appurtenances in adequate amounts for the normal use of each lot in the proposed subdivision.
[2]
The public water supply system in the Town is owned by the Town and operated by the Erie County Water Authority. Any extension of or service from the public water system is subject to the rules and regulations and approval of the Town of Lancaster, Erie County Water Authority, and the New York State Department of Health.
(b)
Sanitary sewer systems.
[1]
Sanitary sewage is the combination of human and household wastes with water. These sewer systems are used to dispose of sanitary sewage from individual lots in a subdivision. Two types of sanitary sewer systems are permitted: public sanitary sewer systems and individual sewage disposal systems. All public and selected individual sanitary sewer systems must be approved by the NYSDEC and/or the New York State Department of Health, whichever is applicable.
[2]
Public sanitary sewers shall be provided whenever existing sanitary sewers are reasonably accessible and available capacity exists to support the proposed subdivision.
[3]
Individual sewage disposal systems are on-lot systems, which means that the sewage is disposed of on the lot. Individual sewage disposal systems shall not be used in any development that has more than four lots of less than five acres in size.
(c)
Drainage systems.
[1]
These are a combination of natural watercourses and man-made facilities intended to convey stormwater runoff.
[2]
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of this chapter shall be required for all preliminary plats and final plats.
[3]
All preliminary plats and final plats shall also be reviewed for compliance with Chapter 300 of the Town Code, Stormwater Management and Erosion and Sediment Control.
[4]
Adequate and comprehensive drainage systems shall be provided in accordance with the natural direction of runoff for the total upland watershed area affecting the subdivision. Such drainage systems shall have sufficient capacity to accommodate the potential future runoff based upon the probable land use and ultimate development of the total watershed area upland of the subdivision.
[5]
Street side ditch piping for stormwater along an existing street shall be the responsibility of the lot owner (or applicant) and construction, removal or replacement shall be in accordance with these Regulations and the Town Code.
[6]
The preservation of natural watercourses is preferable to the construction of drainage channels, and such watercourses should be preserved and utilized.
[7]
When storm drain connections to storm sewers are not possible, all storm drainage shall be piped underground so as to take all runoff away from the building, parking and walk areas and discharge to the nearest swale or detention facility.
[8]
Cable television. It shall be the developer's responsibility to coordinate the installation of the cable television wire with the cable television provider and the lead utility company.
(d)
The installation of improvements shall be subject to inspection at all stages by representatives of the Town. For this purpose, free and unrestricted access shall be afforded and requested information shall be promptly submitted. The cost of such inspections shall be approved by the Town and included in the value of the surety submitted for the project.
(11)
Site surface improvements. These improvements are required to ensure that the ecology of the subdivision is not disturbed adversely, that the subdivision presents an attractive appearance, that is properly paved and monumented, and that all improvements are recorded on the final plat for approval by the Town.
(a)
Erosion control. The subdivider shall preserve unique physical features, such as historic landmarks and sites, rock outcroppings, hilltop lookouts, stands of trees, desirable natural contours and similar natural features in designing a project.
[1]
Erosion and sedimentation control shall conform to local and regulatory agency requirements.
[2]
During the development process, the developer shall expose the smallest practical area of land at any one time. Proper erosion control measures shall be in place prior to any area being disturbed. Examples of normal erosion control are straw baling, silt dams made of synthetic materials and siltation collection depressions.
(b)
Topsoil.
[1]
Topsoil moved during the course of construction should be stored in such a manner as to allow for minimum volume to be stacked or stored at any one time. The stacking or storage period should be kept as short as possible.
[2]
Storage and redistribution of topsoil should be consistent with the phasing of construction for the purpose of reducing the need for the storage of large volumes of topsoil. Topsoil shall be redistributed so as to cover all areas of the subdivision adequately to a minimum depth of eight inches for each lot and shall be stabilized by seeding or planting. Topsoil piles shall be stabilized by seeding. Permanent removal of topsoil from areas of proposed road and utility construction requires prior permission of the Town Board as part of the permit required by this chapter. Prior to said removal authorization, the applicant shall demonstrate that sufficient topsoil will remain. As specified in § 163-12, Exceptions, of the Town Code, topsoil removed during construction of a subdivision should be replaced to the same depth as existed prior to its removal for portions of the site not covered by structures, sidewalks, parking areas, roadways or driveways.
[3]
Temporary vegetation and/or mulching should be provided to prevent potential erosion problems during construction.
[4]
Upon completion of the project, the subdivider shall not be permitted to leave any hills or mounds of dirt around the tract. All surfaces should be restored within six months of the time of the completion of the section of the subdivision.
[5]
Upon completion of the project, the subdivider shall not be permitted to leave any surface depressions that will collect pools of water, except as may be required for retention of stormwater runoff.
[6]
All fill introduced to the project site to meet grading requirements as approved by the Town Engineer shall be preapproved as to quality and source.
(c)
Landscaping. Landscaping is the improvement of land by contouring and decorative planting, which includes vegetative ground cover.
[1]
All lots which are disturbed during the course of construction and which are not covered by structures or paving shall have a minimum vegetative ground cover to prevent erosion.
[2]
Additional landscaping may be recommended by the Planning Board to screen or buffer the subdivision from a visually noncompatible use.
[3]
All subdivisions must be in conformance with the provisions of the Town Code concerning landscaping, including but not limited to § 45-22, Landscaping,[1] and the Town Zoning Code, any other local laws regulating trees, and the following:
[a]
A minimum ground area of not less than 25% of the total area of a project site (entire property) shall be landscaped and shall be the landscaped area required unless the Town Board has allowed a reduced amount for just cause per the Zoning Law.
[b]
The arrangement and location of landscaping on a lot shall be dispersed throughout the project site so as to prevent unsightliness and the monotony of parked vehicles. Also, acceptable plantings and landscaping around dumpsters and other accessory structures shall be designed to visually shield such uses from public roads and from adjoining properties.
[c]
Not less than 8% of the interior of a parking area designed for 10 or more vehicles shall be devoted to the required landscape area of a project. As to parking areas designed for 25 or fewer vehicles, where the configuration of the development site permits, a yard area at least five feet wide in excess of the minimum required for parking areas in the zoning district shall be credited to the interior landscaping requirement.
[d]
The interior dimensions of any area or median shall be wide enough to protect the plant materials planted therein and insure proper growth.
[e]
If the tree removal permit is part of a site plan or subdivision application, the following information must be provided:
[i]
All large areas of trees of six inches DBH or larger (more than 10 trees) and woodlands must be shown on the plans.
[ii]
For major subdivision approval, the applicant must show how the maximum number of trees can be preserved on the subject property, taking into consideration the lot layout, driveway location, building locations, drainage facilities and septic or sewer system locations.
[iii]
The Town Board will require, at a minimum, the installation of two new trees per tree removed at locations prescribed by the Town. Trees for replanting shall be selected from the Town of Lancaster species list and be minimum of 2 1/2 inch caliper or as specified. The Code Enforcement Officer shall enforce such requirement upon issuance of a building permit.
[1]
Editor's Note: See now § 400-27J(1).
(d)
Fill. To achieve required grades within the subdivision, any fill introduced to the property must have written verification as to the source of the fill, and such fill must be approved by the Town Engineer. Designs should be developed so as to discourage the introduction of fill to a property so as to utilize the natural setting of the property and to encourage the preservation of mature vegetation.
(e)
Street signs. Permanent street signs of the same type and design in general use throughout the Town, showing the names of intersecting streets, shall be erected at each intersection.
(f)
Monuments. Permanent reference monuments shall be set at critical corners and angle points of the boundaries within the subdivision. Generally, critical corners and angle points shall be deemed to mean boundary corners and angle points in the boundaries of the parcel being subdivided and in street right-of-way boundaries at all street intersections. Variations to this general rule shall be permitted with Town Board approval. Requests for deviations shall be made prior to preliminary plat approval. Agreements on monumentation shall be incorporated into the subdivision plan of the Final Plat.
(g)
Planting. Adequate tree planting shall be completed. Street trees shall be approximately 35 feet apart. Tentative tree species will be indicated on the preliminary plat. Trees shall not be less than 2 1/2 inches DBH at the time of planting. They may be planted on either side of the sidewalk, unless the planting strip is less than eight feet, in which case they should be planted in the lawn area. Trees must be adequately supported by guy wires until firmly rooted. All tree planting/landscape plans shall be reviewed and approved by the Town during the subdivision approval process.
(13)
Notice pursuant to Agriculture and Markets Law § 310. The notice required by § 173-4, Notification of real estate buyers and prospective neighbors, of the Town Code shall be included with all preliminary plats and/or final plats submitted to the Planning Board during the subdivision review process.
G.
Required improvements.
(1)
Installation of improvements. The applicant, at its own expense, shall provide (design, construct, install) the improvements required by these Regulations. All improvements shall meet Town standards and specifications as found in the Town specifications for public improvements, including but not limited to the requirements of Chapter 206, Improvements, Public and Private, of the Town Code.
(2)
Failure to install required improvements. In the event that any required improvements have not been installed in accordance with these Regulations within the term of the performance bond, the Town Board may declare the bond to be in default and collect the sum remaining payable. Upon the receipt of the proceeds of the bond, the Town shall install such improvements as are covered by the bond and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds.
(3)
Approval of public and private improvement plans.
(a)
Public and private improvement permit. No improvement shall be constructed or installed without the prior approval of a public or private improvement plan by the Town Board and the Town Engineer, who shall issue a public or private improvement permit, as appropriate, following approval of the final plat.
(b)
Construction contracts. Prior to the start of construction of any required improvements, the applicant shall furnish to the Town Engineer a copy of the specifications included in any contract entered into by the applicant for such construction.
(c)
Modification of design of improvements. If at any time before or during the construction of the required public or private improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer, in consultation with the Highway Superintendent, may authorize such modifications upon written request of the applicant, provided such modifications are within the spirit and intent of the approved final plat and do not amount to the waiver or substantial alteration of the function of any improvement required by the Town.
(4)
Inspection of public improvements.
(a)
Supervision of construction. The construction of all required public and private improvements shall be supervised by a registered professional engineer employed by the Town at the expense of the applicant. After completion of construction, the supervising engineer shall certify to the Town Engineer that all required improvements have been constructed as required and approved by the Board or as such requirements have been modified by the Town Engineer. In addition, after completion of construction, electronic and paper copies of a certified plan showing all improvements as constructed in accordance with the approved final plat and public or private improvement plan shall be submitted to the Town.
(b)
Inspection by the Town. The Town Engineer or his/her designee shall inspect required improvements during construction to assure their satisfactory completion.
(c)
Notification. The applicant shall notify the Town at least five days prior to the start of construction or installation of any improvement and at least 24 hours prior to the completion of such improvements.
(d)
Fees. All costs of inspection shall be charged to the applicant at the issuance of a public or private improvement permit.
(e)
Petitioner responsible. If the Town Engineer finds, upon inspection, that any of the required public or private improvements have not been constructed in accordance with the approved public improvement plan, he or she shall so report to the Town Board and Town Code Enforcement. The Town Board shall then notify the applicant and instruct the applicant to correct any discrepancies. Failure to reject improvements shall not, in any way, prevent later rejection when such defects are discovered, or obligate the governing body to final acceptance.
(f)
Maintenance bond. The required public improvements shall not be considered to be completed until the installation of the improvements has been approved and certified by the Town Engineer and a final as-built map has been submitted, in paper and electronic format, indicating the location of monuments marking all underground utilities as actually installed. In addition, a two-year maintenance bond for all required public improvements shall be submitted prior to acceptance of all the improvements by the Town Engineer. A maintenance bond shall be in the amount of 40% of the construction cost for each utility, in accordance with Chapter 206, Improvements, Public and Private, of the Town Code.
H.
Procedure for approval of subdivisions. Whenever any subdivision of land is proposed to be made, and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply, in writing, for approval of such proposed subdivision in accordance with the following procedures:
(1)
Legal authority to apply. Subdivision applications shall only be accepted from persons having the legal authority to submit such applications. In general, applications shall be made by the owners or lessees of property, or their designated agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary approval under the Regulations. The Planning Board may require the applicant to present evidence of authority to submit the application.
(2)
Submission of sketch plan. Any owner of land shall, prior to subdividing or resubdividing land, submit to the Town Clerk, at least 10 days prior to the regular meeting of the Planning Board, three copies of a sketch plan of the proposed subdivision, for the purposes of classification and preliminary discussion.
(3)
Discussion of requirements and classification.
(a)
The subdivider, or his duly authorized representative, shall attend the next meeting of the Planning Board to discuss the requirements of these regulations for street improvements, drainage, stormwater management, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(b)
Classification of the sketch plan is to be made at this time by the Planning Board as to whether it is a minor or major subdivision, as defined in these regulations.
(4)
Approval of minor subdivision.
(a)
Application fee. Within six months after classification of the sketch plan as a minor subdivision, the subdivider shall pay to the Town Clerk an application fee as set from time to time by resolution of the Town Board of the Town of Lancaster. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification.
(b)
SWPPP. If required for the proposed minor subdivision under Article II of Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Town Code, the subdivider shall submit a stormwater pollution prevention plan (SWPPP), together with the recommendation of the Stormwater Management Officer (SMO) to approve, approve with modifications, or disapprove the SWPPP pursuant to Chapter 300, Stormwater Management and Erosion and Sediment Control, and this chapter.
(d)
Planning Board recommendation. Upon receipt of the application fee, the Town Clerk shall so notify the Planning Board, and the Planning Board shall, within 45 days or thereafter, review the proposed minor subdivision and provide comments; within 62 days or thereafter upon receipt of a complete application (including all requested amendments), the Planning Board shall hold a public hearing and conduct a state environmental quality review (SEQR). Upon a negative or positive declaration and any necessary variances being granted, the Planning Board shall make its recommendations to the Town Board to modify, modify and approve, or disapprove the proposed minor subdivision. If a SWPPP was submitted pursuant to § 400-38H of this chapter, the Planning Board shall not recommend approval of the minor subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Chapter 300, Stormwater Management and Erosion and Sediment Control, and § 400-71, Stormwater pollution prevention plans, of the Town Code. The Planning Board and/or the Town Board may require, however, when it is deemed necessary for protection of the public health, safety, and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the Planning Board should require that the proposed minor subdivision comply with all or some of the requirements specified for major subdivisions, it shall so state in its recommendation to the Town Board. The recommendation of approval of the plat, subject to conditions, revisions and modifications as stipulated by the Planning Board, shall not constitute Town Board approval of the subdivision, but rather, the Town Board shall be the sole authority to grant such approval.
[Amended 12-19-2022 by L.L. No. 10-2022]
(e)
Town Board decision. Upon receipt of the recommendation of the Planning Board, the Town Board shall, within 45 days thereafter, approve, modify and approve, or disapprove the proposed minor subdivision. Approval shall not be deemed final until the subdivider has complied with the provisions with respect to certification that any required public improvements have been completed or bond satisfactory to the Town Board has been posted in lieu thereof. If a SWPPP was submitted pursuant to § 400-38H of this chapter, the Planning Board shall not recommend to approve the minor subdivision plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in Chapter 300, Stormwater Management and Erosion and Sediment Control, and § 400-71, Stormwater pollution prevention plans, of the Town Code.
(5)
Approval of preliminary plat of major subdivision.
(a)
Submission of preliminary plat. Six copies of the preliminary plat shall be presented to the Town Clerk at least 10 days prior to a regular meeting of the Town Board. Two copies shall be referred by the Town Board to the Planning Board for study and consideration. The preliminary plat and supporting data shall comply with the provisions of § 400-38H.
(b)
Meeting with Planning Board. The subdivider, or his duly authorized representative, shall attend the next regularly scheduled meeting of the Planning Board for discussion and review of the preliminary plat.
(d)
Modifications. Within 45 days after the meeting of the Planning Board at which the preliminary plat is reviewed, the Planning Board shall notify the subdivider of the changes and modifications, if any, which must be incorporated into the final plat before the Planning Board would consider recommending approval of the proposed subdivision.
(e)
Planning Board review. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, stormwater management, lot sizes and arrangement, the future development of adjoining lands as yet unsubdivided and the requirements of the Master Plan, the Official Map and the Zoning Ordinance.
(f)
Planning Board recommendation. The Planning Board shall, within 60 days or thereafter of its receipt of the preliminary plat, review the proposed major subdivision and provide comments; within 62 days or thereafter upon receipt of a complete application (including all requested amendments), the Planning Board shall hold a public hearing and conduct a state environmental quality review (SEQR). Upon a negative or positive declaration and any necessary variances being granted, the Planning Board shall forward the plat to the Town Board with its recommendations to modify, modify and approve, or disapprove the proposed preliminary plat. If a SWPPP was submitted pursuant to § 400-38H of this chapter, the Planning Board shall not recommend approval of the preliminary plat unless the SWPPP and preliminary plat comply with the performance and design criteria and standards set forth in Chapter 300, Stormwater Management and Erosion and Sediment Control, and § 400-71, Stormwater pollution prevention plans, of the Town Code. The recommendation of approval of the preliminary plat, subject to conditions, revisions and modifications as stipulated by the Planning Board, shall not constitute Town Board approval of the subdivision, but rather, the Town Board shall be the sole authority to grant such approval.
[Amended 12-19-2022 by L.L. No. 10-2022]
(g)
Town Board decision. On receipt of the preliminary plat with recommendations of the Planning Board, or after a lapse of 90 days after the preliminary plat was received by the Planning Board, the Town Board will approve, modify or disapprove the plat. If a SWPPP was submitted pursuant § 400-38H of this chapter, the Planning Board shall not recommend approval of the preliminary plat unless the plat and SWPPP comply with the performance and design criteria and standards set forth in Chapter 300, Stormwater Management and Erosion and Sediment Control, and § 400-71, Stormwater pollution prevention plans, of the Town Code. Approval of the preliminary plat shall constitute conditional approval of the subdivision by the Town Board.
(6)
Approval of final plat of major subdivision.
(a)
Submission of final plat. The subdivider shall, within six months after the approval of the preliminary plat, file with the Town Board six copies for approval of the subdivision plat in final form. The final plat shall conform in all important respects with the preliminary plat as previously reviewed by the Planning Board and previously approved by the Town Board, and shall incorporate all modifications and revisions specified by the Town Board in its approval of the preliminary plat. Otherwise, the plat shall be considered as a revised preliminary plat. If the final plat is not submitted within six months after the approval of the preliminary plat, the Town Board may refuse to approve the final plat and require resubmission of the preliminary plat.
(b)
Submission in sections. The Town Board may permit submission of the final plat in sections, each covering a portion of the entire proposed subdivision as shown on the preliminary plat, in accordance with an approved schedule.
(c)
Application fee.
[1]
All applications for final plat approval must be accompanied by a fee, as set from time to time by resolution of the Town Board of the Town Lancaster, to cover the necessary engineering review fee and other expenses incurred by the Town.
[2]
All application fees for apartment complexes, plazas, townhouses, condominiums and other construction will be determined following approval of the preliminary plat.
[3]
Such fees are not refundable under any circumstances.
(d)
Public hearing by the Town Board. Within 45 days after the submission of a final plat for consideration, the Town Board shall hold a public hearing on the plat. Notice of the hearing shall be advertised in a newspaper of general circulation in the municipality at least five days before such hearing.
(e)
Action of Town Board. The Town Board shall act on each plat submitted within 45 days after a public hearing on the plat, unless the time is extended by mutual consent of the applicant and the Town Board. The Town Board, by resolution, shall either conditionally approve the plat, conditionally approve the plat with modifications, disapprove the plat or grant final approval to the plat and authorize the signing of the plat. If a SWPPP was submitted pursuant to this chapter, the Town Board shall not act to approve the final plat or authorize the signing of the final plat unless the SWPPP and plat comply with the performance and design criteria and standards set forth in this chapter and Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Town Code. If the Town Board fails to act on a plat within 45 days after the public hearing, or within any extended time period agreed upon, the plat may be considered approved. Upon demand of the person submitting the plat, the Town Clerk shall issue a certificate as to the date of submission and the failure of the Town Board to take action, and that certificate is sufficient as evidence of approval.
(f)
Town Board decision. The final plat and supporting data shall comply with the provisions of this chapter. Failure to do so shall be cause for tabling the plat for a period of not more than six months, within which the subdivider must conform or begin the approval process anew.
[1]
Conditional approval. If the Town Board conditionally approves a final plat, it shall empower a duly authorized officer of the Town to give final approval by signing the plat upon completion of any requirements stated in the resolution of conditional approval. Within five days of conditional approval, the Clerk of the Board shall:
[a]
Certify the plat as conditionally approved, subject to any requirements stated in the resolution of conditional approval.
[b]
File a copy of the plat in his office.
[c]
Mail a certified copy of the plat to the person seeking approval, together with a certified statement of the requirements which must be completed before the plat may be signed as finally approved.
[2]
Upon completion of those requirements, the duly authorized officer of the Town shall sign the plat.
[3]
Conditional approval of a plat expires 180 days after the date of the resolution granting conditional approval, unless the requirements stated in that resolution have been certified as completed. However, if the Town Board finds an extension is warranted by the circumstances, the time for completion of those requirements may be extended by the Town Board for not more than two additional periods of 90 days each.
[4]
Approval of sections. Before granting conditional or final approval to a plat, the Board may permit the plat to be divided into two or more sections. Each section must encompass at least 10% of the total number of lots shown on the plat. Conditional or final approval of the sections of a plat must be granted concurrently with conditional or final approval of the plat. If a plat has been divided into sections, the Town Board may, in its resolution of conditional or final approval, require compliance with conditions as are necessary to assure the orderly development of the plat before the sections of the plat are signed by the duly authorized officer of the Town.
[5]
Final approval. Final approval of a plat, or a certificate of failure to act as provided for in Subsection H(6)(e) of this section, expires 30 days after the approval or issuance of certificate, unless the plat or a section thereof has been filed and recorded in the office of the County Clerk. If only a section of the plat is filed with the County Clerk, the entire approved plat must be filed with the Town Clerk within 30 days of the filing of the section with the County Clerk, or the approval or the certificate of failure to act expires. The approval or certificate expires for any section not filed with the County Clerk before expiration of the exemption period to which the plat is entitled under § 265-a of the Town Law.
(7)
Alteration after approval. No changes, erasures, modifications or revisions shall be made in any final subdivision plat after approval has been given by the Town Board and endorsed in writing on the final plat, unless the said final plat is first resubmitted to the Town Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Town Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
(8)
Filing of final plat. Upon completion of the requirements above and notation to that effect upon the subdivision plat, it shall be deemed to have final approval and shall be properly signed by the Town Clerk and may be filed by the applicant in the office of the County Clerk. Any subdivision plat not so filed or recorded within 90 days of the date upon which such plat is approved or considered approved by reasons of failure of the Town Board to act shall become null and void, unless the particular circumstances of said applicant warrant the Town Board to grant an extension which shall not exceed two additional periods of 90 days. 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.
[Amended 12-19-2022 by L.L. No. 10-2022]
(9)
Model home permits: For the purpose of allowing the early construction of model homes in a subdivision, subsequent to the filing of final plat with the Erie County Clerk, but prior to the full completion and acceptance of streets or highways giving access to the proposed structures(s), the Town Board may, by resolution, approve the issuance of a building permit for a model home. It may do so if it finds, after receiving recommendations from the Town Engineer and the Code Enforcement Officer, that such improvements have been made as are adequate in respect to the public health, safety, and general welfare. "Adequate" improvements shall generally mean that water lines and hydrants and sanitary sewers are available and that there is sufficient access provided for emergency vehicles. Similarly, the Code Enforcement Officer may issue a temporary certificate of occupancy for the purpose of display where adequacy of improvements is shown.
[Added 12-19-2022 by L.L. No. 10-2022]
(10)
Building permits: No building permits, other than those for a model home, as regulated in § 400-38H(9), shall be issued unless and until all improvements are installed and accepted by the Town Board as indicated in the final plat and the final plat has been recorded in the office of the Erie County Clerk.
[Added 12-19-2022 by L.L. No. 10-2022]
I.
Plat requirements; documents to be submitted.
(1)
Preliminary plat.
(a)
Scale. The preliminary plat (six copies required) shall be at a scale of not more than 100 feet to the inch.
(b)
Information. The preliminary plat shall show or be accompanied by the following information:
[1]
Proposed subdivision name or identifying title.
[2]
North point, scale and date.
[3]
Name of the owner of the property.
[4]
Name and stamp of the registered engineer, surveyor or architect responsible for the plat.
[5]
Tract boundaries with bearing and distance.
[6]
Ground elevations on the tract, based on a datum plan approved by the Town Engineer. For land that slopes less than 2%, show spot elevations at all breaks in grade, along all drainage channels or swales and at selected points not more than 100 feet apart in all directions. For land that slopes 2% or more, either show contours with an interval of not more than five feet if the ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two feet if the land slope is irregular or if more detailed data is necessary for preparing plans and construction drawings.
[7]
Subsurface conditions on the tract, if required by the Town Board or Planning Board: location and results of tests made to ascertain subsurface soil, rock and groundwater conditions; depth to groundwater less than five feet below the surface; and location and results of soil percolation tests if individual sewage disposal systems are proposed.
[8]
Other conditions on the tract: watercourses, marshes, rock outcrops, wooded areas, isolated preservable trees one foot or more in diameter, houses, other buildings and other significant features.
[9]
Other conditions on adjacent land: approximate direction and gradient of the ground slope, including any embankments or retaining walls: power lines or towers; owners of adjacent unplatted land; and subdivision plat names, recording date and number of adjacent platted land.
[10]
All existing buildings, sewers, water mains, culverts, petroleum or petroleum product lines, fire hydrants and other utilities and other significant man-made features.
[11]
All existing streets on or adjacent to the tract, including names, right-of-way widths, and pavement widths.
[12]
All existing property lines, easements and rights-of-way and the purpose for which the easements of rights-of-way have been established.
[13]
Location and width of all proposed streets, alleys, rights-of-way and easements; proposed lot lines with approximate dimensions; and playgrounds, public buildings, public areas and parcels of land proposed to be dedicated or reserved for public use.
[14]
Sites, if any, for multifamily dwellings, shopping centers, churches, industry or other nonpublic uses, exclusive of single-family dwellings.
[15]
The names of owners of all abutting unplatted land and the names of all abutting subdivisions.
[16]
Where the preliminary plat covers only a part of the subdivider's entire holdings, a sketch shall be submitted of the prospective street layout for the remainder.
[17]
Copies of the proposed deed restrictions, if any, shall be attached with the preliminary plat.
[18]
Land title and survey; deed description according to official records; names and addresses of record owners; the map and date of the survey of the tract boundaries (including all pertinent bearings and distances) made and certified by a registered land surveyor, tied into established Town reference points and, where possible, related to the state system of plan coordinates established by Chapter 545 of the Laws of 1938; and notations stating acreage, scale, North point, datum and benchmarks, as established by Town-wide drainage study.
[19]
Key plan at a scale of one inch equals 1,000 feet, showing locations, street layout and boundaries of the subdivision relative to the surrounding area.
[20]
Proposed lot lines and lot numbers.
(c)
Supplementary materials. Each preliminary plat submitted for approval must be accompanied by the following supplementary materials:
[1]
When required by the Board, the preliminary plat should include the following (all elevations shall be based on a datum plan established by the comprehensive Town-wide drainage study):
[a]
Profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision.
[b]
Typical cross sections of the proposed grading, roadway and sidewalk.
[c]
Preliminary designs of any bridges and culverts which may be required.
[d]
Preliminary plan of proposed water mains to connect with existing public water supply, or an alternative means of water supply approved by the County Health Department.
[e]
Preliminary plan of proposed sanitary sewers, with grades and sizes indicated, connecting with existing sanitary sewerage systems, or alternative means of treatment and disposal approved by the County Health Department.
[f]
Preliminary plan for collecting and discharging storm drainage.
[2]
Draft of protective covenants to regulate land use in the subdivision and to otherwise protect the proposed development if the subdivider proposes to record such covenants.
[3]
A SWPPP, if required for the proposed subdivision under Article II of Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Town Code, together with the recommendation of the Stormwater Management Officer to approve, approve with modifications or disapprove the SWPPP pursuant to this chapter. The SWPPP shall comply with the requirements of this chapter and Chapter 300 of the Town Code.
(2)
Prerequisites to approval of final plats. Except as permitted under Subsection G of this section, before final approval of a plat can be granted, the following must be completed:
(a)
Public improvements.
[1]
Each street or other public place shown on the plat must be suitably graded and paved.
[2]
Street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, public utilities, water mains, fire-alarm signal devices (including necessary ducts, cables and other connecting devices), sanitary sewers, storm drains, curbs and sidewalks must be installed in accordance with standards, specifications and procedures acceptable to the appropriate Town departments and in conformance to the Town of Lancaster General Specifications.
(b)
Monuments. Suitable monuments must have been placed at block corners and other necessary points as required by the Board.
(c)
Recreation. Except as otherwise provided in this section, any fee to the recreation development fund in lieu of parkland reservations must be made before the plat may be approved.
(d)
Sections. If the Board has permitted the plat to be divided into sections, approval of the plat may be granted when the requirements of Subsection I(2)(a), (b) and (c) of this section are met with respect to the first section of the plat to be filed with the County Clerk. However, no construction may begin in any other portion of the tract until the requirements of Subsection I(2)(a), (b) and (c) of this section have been met with respect to the appropriate section of the plat and that section of the plat has been filed with the County Clerk.
(3)
Final plat.
(a)
Size and legibility.
[1]
Ten copies of the subdivision plat submitted for final approval shall be a clear, legible, white print or an ink drawing.
[2]
Final plat shall be on linen or canvas-backed paper sheets not larger than 20 inches by 40 inches overall. It is recommended that, as far as practicable, final plat sheets be held to the following overall sizes: 20 inches by 20 inches and 20 inches by 40 inches. Where necessary to avoid sheets larger than the maximum size prescribed above, final plats shall be drawn in two or more sections accompanied by a key diagram showing the relative location of the sections.
(b)
Scale and information.
[1]
The final plat shall be at a scale of not more than 100 feet to the inch, and shall include the following information:
[a]
Subdivision name or identifying title.
[b]
North point, scale and date.
[c]
Primary control points, approved by the Town Engineer, or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data on the plat are referred.
[d]
Name and address of the record owner and subdivider.
[e]
Name and seal of the registered professional engineer or surveyor responsible for the plat.
[f]
Boundaries of the tract.
[g]
Street lines, lot lines, rights-of-way, easements and areas dedicated or proposed to be dedicated to public use.
[h]
Sufficient data to determine readily the location, bearing and length of every street, lot and boundary line, and to reproduce such lines on the ground.
[i]
The length of all straight lines, radii, lengths or curves and tangent bearings for each street.
[j]
Purposes of any easements, other rights-of-way and sites, other than residential lots which are dedicated or reserved.
[k]
The proposed building setback line for each street, or the proposed placement of each building.
[l]
Location and width of all private driveways.
[m]
Location, size and invert elevation of all sanitary and storm sewers, and the location of all manholes, inlets and culverts.
[n]
All dimensions shall be shown in feet and in hundredths of a foot.
[o]
Cross sections and profiles of streets, drains and sewers showing grades approved by the Town Engineer. The profiles must be drawn to standard scales and elevations and based on a datum plan supplied by the comprehensive Town- wide drainage study.
[p]
Lot numbers.
[q]
Names of streets within and adjacent to the subdivision.
[r]
Permanent reference monuments shall be shown and specified by the Engineer.
[s]
Certification by a registered land surveyor (with his name, address, New York State license number and seal) certifying to accuracy of survey and plat.
[t]
Wherever practicable, the names of any adjoining subdivisions shall be shown.
[u]
Wherever practicable, the names of the owners of any contiguous unplatted land shall be shown.
[v]
Certificate of approval by the Erie County Health Department.
[w]
Certificate of dedication of streets and other public property.
[x]
Certificate of approval by the Town Engineer.
[y]
Certificate of approval by the Highway Superintendent.
[z]
Certificate of approval by the Planning Board.
[aa]
Evidence of review by the Erie County Planning Board.
[bb]
Certificate for approval by the Town Board.
[2]
Accompanying documents. The final plat shall include thereon or be accompanied by:
[a]
An affidavit that the applicant is the owner or equitable owner of the land proposed to be subdivided.
[b]
A statement duly acknowledged before an officer authorized to take acknowledgements of deeds and signed by the owner or owners of the property, to the effect that the subdivision as shown on the final plat is made with his or their free consent and that it is desired to record the same.
[c]
Certification by the engineer that the subdivider has met the requirements of this chapter.
[d]
Certification by the Erie County Health Department that water and sewage disposal has met its requirements.
[e]
Typical cross sections, street profiles and drainage details for all streets. Such profiles shall show at least the following: the existing (natural) grade along the proposed street center line; the existing (natural) grade along each side of the proposed street right-of-way; the proposed finished center-line grade or proposed finished grade at the top of curbs; the sanitary sewer mains and manholes; and the storm sewer mains, inlets, manholes and culverts.
[f]
Protective covenants, if any, in form for recording, including covenants governing the maintenance of unceded public spaces or reservations, if such covenants are to be recorded.
[g]
Offers of cession in a form certified as satisfactory by the Town of Lancaster Attorney of all land included in streets, highways or parks not specifically reserved by the subdivider. Approval of the final plat by the Town Board shall not constitute an acceptance by the Town of Lancaster of the dedication of any street, highway or park or another open public area.
[h]
A statement by the Town Attorney approving the legal sufficiency of all offers of cession, of all covenants governing the maintenance of unceded public space or sewer districts and of any bond offered in lieu of the completion of required subdivision improvements.
[i]
Other requirements. Such other certificates, affidavits, enforcement or other agreements as may be required by the Town Board in the enforcement of these regulations. In special cases where there are potential hazards of flooding or other hazards, in the opinion of the Town Engineer, the Town may require the services of an independent engineer or expert to recommend conditions under which the subdivision may be approved. The expense of such engineer or expert shall be borne by the subdivider.
[j]
A SWPPP, if required for the proposed subdivision under Article II of Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Town Code, together with the recommendation of the Stormwater Management Officer (SMO) to approve, approve with modifications, or disapprove the SWPPP. Such SWPPP shall comply with the requirements of this chapter and Chapter 300 of the Town Code.
J.
Variances.
(1)
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Town Board shall have the power to vary or modify the application of any of the requirements herein relating to the use, layout and platting of land for subdivisions, so that the spirit of the regulations shall be observed, public safety and welfare secured and substantial justice done.
(2)
Applications for modifications and variances shall be submitted, in writing, by the subdivider at the time the preliminary plat or final plat is filed with the Town Board. The application shall state fully the grounds and all the facts relied upon by the applicant.
K.
Penalties for offenses.
(1)
Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement of plan submitted and approved hereunder, shall be guilty of a Class A misdemeanor, as defined in the New York State Criminal Procedure Law, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed one year, or both.
(2)
Each week's continued violation shall constitute a separate additional offense. The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, constructor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such offense shall be guilty of a separate offense and, upon conviction thereof, shall be fined or penalized as herein provided.
§ 400-39 Lot division; flag lots.
A.
No lot shall be divided so that the yards or other required open spaces shall be smaller than required by this chapter.
B.
Flag lots.
(1)
Definition. A lot shaped like a flag on a pole, where the "pole" does not meet the minimum lot width requirement. The flag-shaped area is the portion of a lot where all structures may be located (the "flag"). The pole-shaped area is the portion of the lot by which vehicular access to the flag area from its adjoining road is located (the "pole"). An example of a flag lot is below.
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(2)
Prohibition. No boundary line adjustment, lot line adjustment, subdivision approval, or any other approval shall be granted which has the effect of creating one or more flag lots.
(3)
Nonconforming flag lots. Flag lots in existence as of the effective date of this section shall constitute nonconforming lots, provided that the pole does not meet minimum frontage requirements for the district in which the lot is located.
(4)
Site plan review pursuant to § 400-75 is required prior to the issuance of any building permit on a flag lot. In addition to the standards set forth in § 400-75, the Planning Board and the Town Board shall apply the following standards:
(a)
Flag requirements.
[1]
The minimum area of the flag shall be 1.5 times greater than that required in the zone and shall constitute the buildable area. The area of the pole shall not be included in calculating the buildable area.
[2]
The minimum building setbacks shall be equal to the minimum setbacks of the zone measured within the buildable area.
(b)
Pole requirements.
[1]
The minimum width shall be 30 feet.
[2]
The pole shall not cross or encroach upon any waters, wetland, or similar topographic features without provision of an adequate structure approved by the Town Engineer and any appropriate outside agencies.
[3]
The pole shall lie along a property line which is significantly perpendicular to the public street. In no instance will one pole be abutting another.
[4]
Parking of vehicles is prohibited in any portion of the pole.
(c)
Access driveway.
[1]
The access drive shall be contained within the flagpole.
[2]
The access drive shall have a minimum width of 12 feet. Driveways shall be set back at least five feet from the adjacent property line(s).
[3]
The access drive shall be paved from the front yard setback of the zone to the edge of the pavement in the public right-of-way. At minimum, the remainder of the access drive shall be surfaced with stone to a minimum depth of six inches compacted over a firm subbase.
[4]
Prior to the issuance of a building permit, stone shall be placed from the public street for a distance of 50 feet to prevent dirt from tracking onto the public street.
[5]
Prior to the issuance of a certificate of occupancy, the access drive shall be constructed to the point necessary to provide access to the affected lot.
[6]
A vegetative visual buffer, approved by the Town Forester, beginning at the front yard setback line from the public right-of-way extending to the buildable portion of the flag lot shall be planted on the side of the access drive nearest the property line of the adjacent lot.
(d)
Premises identification. The address identification shall be legible and placed in a position that is visible from the road fronting the property.
(e)
Location of utilities. Utilities must be depicted and approved on the site plan.
(f)
Drainage plan. Grading and drainage systems must discharge to a public or other appropriate stormwater system approved by the Town Engineer.
§ 400-40 Yards for outdoor storage.
In any commercial or industrial district where outdoor storage is permitted, the yard and landscaping requirements for parking, loading and stacking areas shall apply to the storage areas.
§ 400-41 Composting.
A.
As permitted elsewhere in this chapter, composting or other outdoor storage of yard waste and/or vegetative material is subject to the issuance of a special use permit by the Town Board on the condition that each such facility:
(1)
Shall be carried out on a parcel of at least 100 acres.
(2)
Shall be located at least 1,000 feet from any adjacent use which is nonagricultural and nonresidential in nature and from any dedicated highway.
(3)
Shall be located a distance of at least 1,500 feet from any adjacent use which is residential in nature.
(4)
Shall be surrounded completely by a berm a minimum of 15 feet in height from existing ground level, and any material being stored shall not exceed five feet in height.
(5)
Shall include a well-maintained asphalt or concrete drive at least 20 feet in width, running from the nearest dedicated highway to the site and with sufficient access for heavy fire and rescue apparatus to all areas of said facility.
(6)
Shall provide access to a fully functioning fire hydrant within 500 feet of any compost material storage and capable of supplying an adequate water supply for the purpose of fire suppression and shall be subject to acceptance and approval by the Chief in whose fire district the facility is located.
(7)
Shall provide for containment, collection, and disposal for refuse of all leachate from the stored materials. Said leachate shall be prevented from migrating off site and from contaminating soil or groundwater on site.
(8)
Shall only be permitted to engage in aerobic composting processes. Anaerobic composting shall not be permitted.
(9)
Shall provide a performance bond to the Town of Lancaster as a part of the special use permit in the sum of not less than $1,000,000, which must be renewed on an annual basis. Posting of the security may be by cash bond or its equivalent from a surety found acceptable by the Town Board.
(10)
Shall submit detailed closure plans to the Town of Lancaster at least 90 days prior to the planned closure date. Such plans shall include the proposed closure date and the plan for removal of materials and cleanup of the site. The performance bond shall remain in effect until such time as the Town Board is satisfied that the closure of the facility has been completed in strict conformance with the plan approved by the Town Board.
(11)
The issuance of the special use permit shall be subject to permit fees of $1,000 for less than one acre of composting use, or for larger uses, $3,000 for the first acre of composting use plus $2,000 for each additional acre of composting use.