Marilla City Zoning Code
ARTICLE XI
Miscellaneous Regulations 1
§ 700-57 Amusement arcades and amusement games.
A. AMUSEMENT ARCADE AMUSEMENT GAME
As used in this section, the following terms shall have the meanings indicated:
A building or place containing three or more amusement games.
Any mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of a coin, slug, token, plate, disc, key or any other article into any slot, crevice or other opening or by paying money to have it activated. This definition does not include:
(1)
Rides.
(2)
Bowling alleys.
(3)
Any device maintained within a residence for the private noncommercial use of the occupants thereof and their guests.
(4)
Any gambling devices whatsoever or any mechanism that has been traditionally determined to be a gambling device or in any way contrary to law or that may be contrary to any future laws of the State of New York.
(5)
Jukeboxes.
B.
No amusement arcade shall be permitted to operate in the Town without a special use permit approved by the Planning Board in accord with the procedures specified in Article VI of this chapter.
C.
Special permits for the establishment of amusement arcades shall only be issued with the B Business District, unless the proposed arcade is associated with a legally existing nonconforming business use.
D.
Amusement arcades shall be closed between the hours of 11:00 p.m. and 8:00 a.m., unless operated in conjunction with another business use which is subject to the licensing provisions of the State of New York.
E.
The use of amusement games as a home occupation shall not be permitted.
§ 700-58 Gas wells.
A. BUREAU OF MINERAL RESOURCES DRILLING COMPANY GAS GAS WELL SITE LEASEHOLDER OWNER
Definitions. Unless the context requires a different meaning, the words defined below shall have the following meanings when used in this chapter:
The New York State Bureau of Mineral Resources.
The person who constructs the well and conducts the drilling operations.
All natural gas, manufactured, mixed and by-product gas and all other hydrocarbons not herein defined as oil or condensate.
The location of the drill hole for the gas well and all equipment and appurtenances, including any ponds to be used in connection with the drilling operations for the gas well. Where certain distances are specified regulating the prohibition of gas well sites, said prohibition shall include the drill hole and all equipment and appurtenances and ponds in connection with drilling operations.
The person who has been granted the rights by the owner to drill into and produce or extract the gas from the premises.
The owner of the legal title to the premises from which the gas is to be extracted.
B.
Permit required; procedure. Notwithstanding any provision of this chapter to the contrary, gas wells shall be permitted in the Town of Marilla, whether owned by a public utility or otherwise; provided, however, that it shall be unlawful to commence drilling operations or to carry on drilling operations for gas in any manner unless in compliance with the following provisions:
(1)
Permit required. No gas well drilling operations shall be commenced or carried on or structures or equipment for drilling shall be placed upon any land in any manner without a permit being first issued by the Code Enforcement Officer as provided by this chapter.
(2)
Permit procedure.
(a)
Application for a permit shall be made to the Code Enforcement Officer on application forms provided by the Town. Said application form shall require the name and address of the owner of the premises, the name and address of the leaseholder, the name and address of the drilling company and of any of the foregoing by a corporation or partnership, the names and addresses of the partners, president and treasurer thereof and the name and address of the agent or person in charge of the drilling operations. The name and telephone number of a person who may be contacted at any time of the day and night on any day of the week while drilling operations are being conducted shall also be provided.
(b)
One application may be submitted for any number of proposed wells, provided that the applicant anticipates the commencement of drilling operations with respect to all proposed wells within one year. Failure to commence drilling operations on any well within one year of the approval of the permit shall require the submission of a new permit application for the specific wells identified.
(c)
Submitted with and made a part of the permit application shall be a copy of the survey map required by the Bureau of Mineral Resources or, as an alternative, a survey by a surveyor licensed by the State of New York showing by metes and bounds the premises to be drilled on and the drilling site, the distance in feet of the drilling site and any appurtenances to the gas well, including ponds, to any place of public travel or occupancy, rights-of-way of any public road or highway, rights-of-way of any public utility and streams, creeks, rivers or other bodies of water which are within 200 feet of the drilling site. If there are no buildings, roads, etc., within 200 feet of the drilling site or appurtenances, then the surveyor shall indicate that fact on the survey.
(d)
A copy of the drilling permit issued by the Bureau of Mineral Resources or its successor shall be submitted to the Code Enforcement Officer with the application for a permit or thereafter at the time of issue by the Bureau of Mineral Resources.
(e)
The application for the permit shall be made and signed by the leaseholder and the drilling company with the written understanding that they have read this section, understand that any violation of this section is unlawful and shall constitute reason for immediate revocation of the permit and shall subject any violator to the penalties enumerated herein and shall further be cause for immediately enjoining and ceasing all drilling operations.
(f)
The permit application shall identify the specific surface rights to be awarded to the drilling company. Unless specifically requested and approved by the landowner and the Town, no surface rights shall accrue to the drilling company, except that portion of the property used for drilling and access to the well site.
(g)
The Code Enforcement Officer may require such other information as he shall deem necessary for the proper enforcement of this chapter.
(h)
Upon determination that the application is in order and conforms to the provisions of this chapter, and that a state permit has been issued and that a permit and license bond has been submitted as provided by this chapter, the Code Enforcement Officer shall issue a permit to the leaseholder, and if there shall be no leaseholder, to the owner of the premises.
C.
Development standards.
(1)
No gas well site shall be constructed nearer than 200 feet of any building, structure, place of assembly, public recreation facility, storage or repair area, place of public travel or occupancy, right-of-way of any public road or highway or right-of-way of any public utility.
(2)
No gas well site shall be constructed nearer than 50 feet to the bank of any stream, creek, river or other body of water.
(3)
No gas well site shall be constructed nearer than 50 feet to any adjoining property owner, unless written permission is obtained from the adjoined property owner, and a copy of said permission is filed with the Code Enforcement Officer.
(4)
Prevention of pollution and migration.
(a)
The drilling, casing and completion program adopted for any well shall be such as to prevent pollution.
(b)
Sufficient surface casing shall be run in all wells to extend below the deepest potable fresh water level.
(c)
The drilling, casing and completion program adopted for any well shall be such as to prevent the migration of oil, gas or other fluids from one pool or stratum to another.
(5)
Conduct of the drilling operations shall be in accordance with best accepted industry standards so as to limit nuisances inherent in the drilling operation. Specifically, noise shall be limited and disposal of fluids at the wellhead shall be done in a manner saving surrounding lands and property from damage.
(6)
Highway usage.
(a)
The Town Highway Superintendent or his Deputy shall be notified 24 hours prior to the commencement of drilling operations. Drilling companies shall be responsible for damage which occurs to roadways due to the movement of heavy vehicles used in drilling operations.
(b)
Roads shall be cleaned of mud and debris caused by truck, vehicle or other traffic related to gas well drilling within eight hours from the time such mud or debris was placed or caused to be placed in or on the road.
(c)
A sluice pipe of at least 40 feet in length and of a diameter to handle all runoff shall be placed in all ditches adjacent to roadways. Sluice pipes shall be in good operational condition following termination of drilling operations. The Town Highway Superintendent shall grant written permission to exempt this requirement.
(7)
The leaseholder of the natural gas rights of the premises upon which the gas well is to be drilled and, if there is no leaseholder, the owner of the premises shall obtain and deliver to the Code Enforcement Officer a license and permit bond in the amount of $5,000 as principal in favor of the Town of Marilla, as obligee, which bond shall insure compliance with all parts and sections of this chapter. When it is contemplated that more than one well is to be drilled during a twelve-month period, a single blanket bond may be presented for all wells to be drilled, provided that such bond is in the amount of $10,000. The license and permit bond shall be issued by a bonding company licensed to do business in the State of New York and shall be submitted to the Code Enforcement Officer with the application for a drilling permit. When drilling has been completed, site restored and all damaged highways cleaned of debris and repaired, the Code Enforcement Officer shall release the bond issued pursuant to this subsection.
(8)
Any gas well and appurtenances thereto, including any ponds created by the gas well operations, shall be completely enclosed by a metal security fence, six feet in height with posts imbedded in concrete foundations and with all gates or doors opening through such enclosure equipped with self-closing and self-latching devices designed to keep, and capable of keeping, gates or doors securely locked and closed at all times when such gas well is not attended by authorized personnel. All such necessary security fences shall be constructed and completed within 10 days after the completion of drilling operations. Such gates or doors shall be securely closed and locked at all times when the gas well is not attended by authorized personnel. The fence shall be constructed by the leaseholder, and if there shall be no leaseholder, then by the owner or owners of the premises upon which the gas well is located.
(9)
No access road to be used in connection with a gas well site shall be constructed within 10 feet of any adjoining property unless written permission is obtained from the adjoining owner and a copy of said permission is filed with the Code Enforcement Officer.
D.
Site restoration.
(1)
Within 12 months following completion of drilling operations, the site shall be restored to former contours and all wells capped and filled in accordance with the standards of the Bureau of Mineral Resources. Such completion date shall be determined by the Code Enforcement Officer but shall be no later than the completion date as stated in a report filed by the drilling company or leaseholder with the Bureau of Mineral Resources.
(2)
Topsoil shall be replaced in its relative location after completion of operations. All land surfaces shall be seeded and fertilized.
§ 700-58.1 (Reserved) [1]
§ 700-59 Manufactured homes.
[Amended 12-14-2006 by L.L. No. 2-2006]
A.
No person or persons, firm, company, corporation, partnership, limited liability company or other entity being the owner or occupant of any premises within the Town of Marilla shall use or permit the use of such premises for the parking, storage or use of location of a manufactured home without a permit being obtained as hereinafter provided.
B.
No person or persons, firm, company, corporation, partnership, limited liability company or other entity being the owner or operator of a manufactured home shall park, store or otherwise locate said manufactured home upon any premises within the Town of Marilla without first obtaining a permit therefor as hereinafter provided. However, no permits shall be required of the owner or occupant of a manufactured home when such structure is parked or otherwise located in a duly approved manufactured home park or when such structure is stored completely within a garage or other building.
C.
The Code Enforcement Officer of the Town of Marilla, upon written application and upon payment of a fee established by the Town Board, may issue a permit to park and occupy or to display for sale a manufactured home subject to the following conditions:
(1)
Manufactured homes may be permitted to be parked and occupied for residential purposes on individual lots in the A Agricultural and R-R Rural Residential Districts only as an interim dwelling and subject to the provisions and requirements specified herein. The Code Enforcement Officer shall have the authority to issue a temporary permit for a period not to exceed six months for a manufactured home not located in a manufactured home park when said manufactured home is to be used as an interim dwelling during repair or construction of a permanent residence that has been damaged by fire or similar hardship conditions. Said manufactured home shall be removed on or before the expiration date of the permit. A single extension of up to six months may be granted by the Zoning Board of Appeals.
(2)
A permit granted as hereinbefore provided shall be displayed on the door of said manufactured home in such a manner that it may be read from the exterior thereof.
(3)
The owner of a manufactured home park and/or his agent shall provide a list of residents within the manufactured home park, including the names and addresses of the residents for the purpose of coordination of emergency services or official correspondence. The list shall be updated annually and provided to the Town in conjunction with the payment of the annual fee required to be paid by the owner of a manufactured home park to the Town of Marilla.
D.
Except as hereinbefore provided under Subsection C, no manufactured home shall be parked or be permitted to park or otherwise located on any property in the Town of Marilla other than in a duly approved manufactured home park.
E.
Manufactured home park fee.[1] The owner of a manufactured home park within the Town of Marilla prior to establishment of a manufactured home park shall pay the fee established by the Town of Marilla for such purpose on the fee schedule of the Town of Marilla. In addition to the initial fee for establishment, each owner of a manufactured home park shall pay an annual renewal fee established by the Town of Marilla for such purpose on the fee schedule of the Town of Marilla.
§ 700-60 Construction and operation of golf courses and associated activities.
[Added 10-9-2003 by L.L. No. 2-2003]
A.
Private, semipublic and public golf course recreational facilities may be allowed as special permit uses in the A Agricultural and R-R Rural Residential Zones/Districts only upon the approval of a special use permit by the Town Board. In the A Agricultural Zone/District and R-R Rural Residential Zone/District only, no building, structure or premises shall be used and no building or structure erected, constructed or altered which is arranged, intended or designed to be used for any purposes other than those customary permitted purposes designated for those zones/districts and for the following uses and purposes:
(1)
Principal uses:
(a)
Private, semipublic and public golf course recreation facilities, not including a miniature golf course, along with accessory clubhouse, restaurants and catering facilities and accessory buildings, structures and uses necessary to and used in conjunction with the golf course recreational facility.
(b)
Other uses associated with those listed in the preceding subsection, provided the Planning Board makes specific findings that the use is in full conformity with the purposes and intent of the zoning district, that all general and special requirements of the district are satisfied, and that the use has no greater impact upon open space, traffic and drainage.
(2)
Special use permit for private, semipublic and public golf course recreation facility. Any application for a building or use permit shall be submitted to the Planning Board for review and recommendation. Said application shall thereafter be submitted to the Town Board for approval or disapproval. Applications shall be submitted in accordance with the applicable provisions of Article III; Article IV; Article VI, §§ 700-25 through 700-28; Article VIII, §§ 700-33 and 700-34; and Article X, §§ 700-46 and 700-52, of this chapter, provided there is a finding that all general and special conditions are met.
(a)
The Planning Board shall require that as part of the special use permit application and review process for a golf course recreational facility, the site development plan approval application process (Checklist for Application for Site Development Plan Approval [1] of the Zoning Law) shall be followed. An application for a golf course recreational facility special use permit shall require and include at a minimum:
[1]
A proposed site plan showing the location of all structures, the location of all ingress and egress points, the location of parking areas, the layout of the golf course and any other information required by the site development plan approval application and the Planning Board.
[2]
A traffic impact study (TIS) to be conducted which demonstrates to the satisfaction of the Planning Board that the proposed use shall not adversely impact upon traffic in the surrounding area to a greater degree than any other principal use permitted in the zone.
[3]
A drainage and stormwater assessment and improvement study in accordance with the requirements of the Zoning Laws of the Town of Marilla [Chapter 644, § 644-24, Drainage improvements; Chapter 700, Article III, §§ 700-11A(14) through A(17) and A(27)], the New York State and Erie County Health Departments and the New York State Department of Environmental Conservation (NYSDEC). In addition, the golf course development proposal shall satisfy the NYSDEC and United States EPA standards and requirements for stormwater discharges in accordance with federal regulation, pursuant to Section 402 of the Clean Water Act.
[4]
Assessment of environmental resources to include aquifers, wetlands, floodplains, steeply sloped areas and other designated critical environmental concerns and unique natural features.
[1]
Editor's Note: Said checklist is included at the end of this chapter.
(b)
Compliance with SEQRA. In accordance with New York State statutes and the provision of Town Law relative to site plan review [§ 274-a(10)] the Planning Board review and the Town Board review and action shall be progressed in full compliance with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(3)
Permitted accessory uses (when located on the same lot/parcel with the principal uses to which they are accessory):
(a)
Off-street parking in accordance with the Table of Required Off-Street Parking Spaces[2] and other parking requirements as specified by this section.
[2]
Editor's Note: Said table is included at the end of this chapter.
(b)
Cabanas, lockers, snack bars, and/or pro shops.
(c)
Maintenance sheds and/or garages.
(e)
Not more than one residence for caretakers and staff of a recreational facility, consisting of no more than 10 sleeping rooms or three dwelling units.
(f)
Cross-country skiing, sledding, ice skating and similar winter sports; however, winter sports using mechanized or motorized equipment are prohibited; provided, however, state-approved snowmobile trails shall be permitted with Town Board approval, with the Town Board reserving the right to rescind such approval in its sole discretion.
(g)
Child-care facility limited to children of members or guests of the recreational facility, and used only while the members or guests are using the recreational facility.
(4)
Special requirements.
(a)
The Planning Board shall review the design of all site plans of properties located in this district.
[1]
The golf course shall not adversely affect the character of the district, nor the preservation of property values, nor the health and safety of residents on adjacent properties and in the general neighborhood.
[2]
The golf course shall be so located and laid out that ingress and egress from it shall not constitute a vehicular or pedestrian traffic problem to adjacent properties and to the general neighborhood.
[3]
Adequate and improved off-street parking, as shown on the approved site plan, shall be provided and maintained at all times as specifically defined by this section, and as specified by Article IX, § 700-28, and in accordance with the Table of Required Off-Street Parking Spaces[3] of the Zoning Laws of the Town of Marilla.
[3]
Editor's Note: Said table is included at the end of this chapter.
[4]
The golf course shall not conflict with the direction of building development, goals and policies of the Town of Marilla Master Plan or portion thereof which has been adopted.
[5]
The development of a golf course plan shall preserve and/or control to the maximum extent possible drainage and stormwater runoff, wetlands, wetland control areas, aquifers, floodplain and flood hazard areas, steeply sloped areas, major tree belts and other designated critical environmental areas and unique natural features.
[6]
To insure that no construction takes place on areas which have slopes greater than 25% prior to any disturbance of the natural contours of the property or on wetland control areas, a slope shall be computed by taking a percentage in which the vertical distance is the numerator and the horizontal distance is the denominator, calculated by measuring the vertical rise using two-foot contours in a thirty-foot horizontal length.
[7]
To minimize cut and fill, roads should follow natural topography wherever possible.
(b)
All applications to the Town of Marilla for construction and operation of golf courses and associated activities shall be prepared by an engineer licensed in New York State, and they must be approved by the Town Engineer prior to issuance of special use and building permits. A plan as specified herein must be submitted to the Town at the time of application for permits for review by the Town Engineer. Application shall be made on prescribed forms and with accompanying information per § 700-60A(2) above and must be accompanied by a review fee as established by the Town of Marilla's adopted fee schedule.[4] Any plans lacking the minimum content and/or not accompanied by an application and review fee will not be accepted and not be forwarded to the Town Engineer for review.
(c)
No special use or building permit shalt be granted or continued which is not in conformance with the application; therefore, any modifications to the original application and all supporting documents shall be properly amended and resubmitted to the Planning Board for its consideration, for further review by the Town Engineer and to the Town Board for its approval. Modifications to the construction plans during construction shall be reviewed and approved by the Town Engineer before modifications are to take place. Construction progress shall be monitored by the Town of Marilla Code Enforcement Officer and the Town Engineer for conformance with the application plans.
B.
Development standards.
(1)
Lot requirements.
(a)
Minimum lot size for construction and operation of golf courses and associated activities shall be 50 acres.
(b)
To the extent possible, permanent natural space areas, including areas of wetlands, shall be kept open. For the purposes of this section, permanent open space shall be an area exclusive of fairways, tees, greens or other areas of active recreational use which shall be kept undisturbed and in its natural state, including areas designated as wetlands.
(c)
Perimeter buffer area around the entire perimeter of the property, in which no green, fairway, tee or structure may be placed, shall be maintained. The Planning Board shall approve appropriate screening within the buffer area so as to minimize visual, sound and other impacts on adjacent property. Where this recreational land use may abut a residential district, the minimum building setback shall be:
(2)
Coverage: No principal buildings on combination of principal and accessory buildings on the site shall have a coverage which exceeds 5% of the total area of the lot/development.
(4)
Off-street parking:
(a)
Adequate and improved off-street parking, as shown on the site plan, shall be provided and maintained at all times as specifically defined by this section and as specified by Article IX, § 700-41, consistent with the Table of Required Off-Street Parking Spaces[5] of the Zoning Laws of the Town of Marilla and consistent with the standard recommendations of the Institute of Transportation Engineers (ITE), the American Planning Association (APA) and/or other professional affiliations with regards to parking requirements for golf course operations and associated activities. At a minimum, the following number of off-street parking spaces shall be provided for a public or private golf course facility: a minimum of 5.5 parking spaces for each golf course hole; plus one parking space for each employee on the maximum shift; plus, one parking space for each four seats within an accessory restaurant; plus two spaces for each driving range tee area.
[5]
Editor's Note: Said table is included at the end of this chapter.
(b)
Parking from any associated golf course facility shall not be allowed to utilize or spill over onto public roadways adjacent to the golf course facility during any period of operation.
(5)
Storage: All permitted storage shall be entirely within a building except for parking and loading vehicles.
(6)
Lighting: All lighting shall be located and shaded in a manner so that the light source itself is not visible beyond the boundaries of the lot on which it is located.
(7)
Fencing: Golf course fairways, golf driving ranges, and principal and accessory structures may be fenced or required to be fenced, as necessary, in a manner sufficient to meet applicable standards regulating such uses, as specified by the zoning laws and subject to the review and approval of the Planning Board, the Town Engineer and/or the Town Board, if required.
C.
Restaurant operations, catering services and meeting accommodations accessory to the golf course. No special use permit may be issued under this Section except when the proposed use conforms with each of the following criteria:
(1)
The use is accessory to a golf course that is a regulation, minimum nine-hole facility, open to the public and occupying a parcel of not less than 50 acres.
(2)
Except for occasional use of a tent or similar portable shelter operation to serve those attending a golf-related event, all activities associated with the use, including the conduct of all catered affairs, are conducted within the clubhouse or on its adjacent terrace and patio areas.
(3)
No lodging accommodations may be provided on the golf course property in association with any of the components of the special use permit.
(4)
To the extent the authorization of any special use permit causes the golf course property to be illuminated at times that would not be associated with golf course operations, such lighting shall be provided only to the minimum extent necessary to meet public health and safety requirements and shall be shut down to the minimum level necessary for security within 30 minutes of the closing of the public restaurant or the end of a catered banquet, meeting or other event.
(5)
To the extent a public restaurant is included as one of the components of the special use permit, the following shall apply:
(a)
Year-round daily operations may be authorized but shall be strictly restricted to the hours of 4:00 a.m. through 12:00 midnight.
(b)
Adequate parking shall be provided for the patrons and employees of the restaurant and guests of a catered event, with the Planning Board authorized to take into account, to the extent it deems practicable, joint use of parking spaces that may not be required for golf course operations during the hours of operation of the restaurant, with due consideration given to any simultaneous catered banquet, meeting or other event.
(c)
Musical entertainment, as authorized for the public restaurant, including bands, may be provided for guests, however, strict consideration shall be afforded to the maintenance of ambient outdoor noise levels at the property boundaries.
(d)
Occupancy standards as established pursuant to the New York State Uniform Fire Prevention and Building Code, ADA standards and Health Department requirements regarding food service and other operations shall be strictly met.
D.
Golf course developments incorporating residential subdivision development.
(1)
Golf course development proposals which are planned to include residential subdivision development(s) at the time of initial submittal or anticipated to be incorporated into the development at some future date shall be submitted for review as part of the primary golf course development proposal submittal package. Proposals of this nature shall be considered as a contiguous proposal and must not be segmented into separate elements for review.
(2)
A sole golf course development proposal will be reviewed under the site development plan review process and any additional provisions detailed in the aforementioned sections of this Zoning Law.
(3)
A golf course development proposal that is proposed to incorporate a residential subdivision development will additionally have that component reviewed in accordance with the provisions for subdivision of land as adopted by the Town of Marilla (Chapter 644, Articles I through VI), consistent with New York State Town Law §§ 276 through 279), cited and referred to as the "Town of Marilla Subdivision Law." Subdivisions shall conform to and be in harmony with the Town of Marilla Comprehensive Plan. As a part of this subdivision review, as specified by this Code of the Town of Marilla [Chapter 644, Article IV, State Environmental Quality Review Act (SEQRA) requirements], all golf course residential subdivision proposals shall be reviewed in accordance with SEQR requirements and provisions. In addition, as specified by the Subdivision Law (Article V, General Requirements and Design Standards), streets within the subdivision shall be of sufficient width, suitably located and constructed to conform to the Town of Marilla highway specifications (Chapter 623, Road Specifications) and in accordance with the provisions for drainage improvements (Chapter 644, Subdivision of Land, Article V, § 644-24).
E.
Fees. Fees will be assessed for special use permits, building permits, Planning Board review, engineering site plan review, necessary engineering/construction inspection, driveway/roadway access cuts and other services, in accordance with the adopted Town of Marilla fee schedule.