Orchard Park Town City Zoning Code

The relation of the proposed project to the long range or comprehensive plan of development of the town.

The need for the proposed project at the present time.

The compatibility of the proposed project with adjoining land uses and with other proposed development, having particular reference to its probable effect on the value of other land and to the adequacy of features intended to promote public safety and the general purposes of this chapter.

The orderly flow of traffic or effect on normal traffic patterns and satisfactory methods of ingress and egress.

The design and suitable location of parking facilities.

The use of landscaping for screening purposes.

The intelligent design of free areas for recreational use.

The nearness and impact on schools and other public utilities.

The health and safety of the residents or workers on adjacent properties and in the general neighborhood.

Lot areas, type of construction, fire hazards, offensive odors, smoke, fumes, noise and light.

Other pertinent requirements of this chapter.

Application for any commercial building, structure or group of structures shall require the submission of a site development plan to the Planning Board and to the Conservation Board. Said plan or plans as submitted are required to show contours, other natural features, all structures, existing and proposed roadways, walkways, parking areas, driveways, utility and exterior lighting installations, signage and landscaping on the site, all existing structures and usages within 200 feet of the site boundaries and any other elements as may be deemed essential by the Planning Board or the Conservation Board.

Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 119B and Article XII of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved site plan shall be consistent with the provisions of Chapter 119B and Article XII of this chapter.

Landscape plan.

The proposed development shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding areas.

The proposed development shall be planned to harmonize with all existing and/or proposed development in the area surrounding the project site.

Financing is available to the applicant on conditions and in an amount which is sufficient to assure the completion of the planned development.

A lighting plan shall be submitted detailing the site's photo metrics levels, and the fixture design details. All lights shall be full cut-off fixtures and dark sky compliant. The maximum mounting height shall be 25 feet above the established grade unless adjacent to a residential zone, then the limit shall be 15 feet.

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and roadways.

Individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.

All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible.

All buildings shall be arranged so as to be accessible to emergency vehicles.

Landscape treatment for plazas, roads, walks, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire development.

Primary landscape treatment shall consist of shrubs, ground cover and trees and shall be combined with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to local growing conditions.

Whenever appropriate, existing trees shall be retained and integrated into the landscape design.

Where a commercial development abuts or contains an existing or proposed expressway or major arterial street or railroad right-of-way, the Planning Board may require the separation of local and through traffic. This shall be achieved by one of the following means:

All proposed site traffic accessways shall be adequate but not excessive in number, adequate in grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading spaces.

Roads, public or private, pedestrian walks and open space shall be designed as an integral part of the overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped. Such roads, public or private, shall meet Town specifications and standards except private roads shall have a minimum asphaltic paved width of 21 feet plus thirty-inch-wide Town standard concrete gutters on each side.

There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped spaces in order to discourage pedestrian use of vehicular ways and parking and loading spaces from general vehicular circulation facilities.

Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

Landscaped, paved and comfortably graded pedestrian walks shall be provided along lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

The location and design of pedestrian walks should emphasize desirable views of new and existing development in the area.

The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes.

Materials and design of paving, lighting fixtures, retaining walls, bulkheads, fences, curbs, benches, etc., shall be of good appearance, easily maintained and indicative of their function.

Parking and loading facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and the monotony of parked vehicles.

Pedestrian connections between parking areas and buildings shall be via special pedestrian walkways.

Parking facilities shall be designed with careful regard to arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

Any above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.

Structures located on the perimeter of the proposed development shall be permanently screened in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses.

Site plans for business and industrial uses adjacent to a residential or agricultural district shall be reviewed with regard to the impact of the development on that district. The Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the business or industrial use does not interfere with the quiet enjoyment of neighboring residential or agricultural property within a residential or agricultural district.

Buildings and parking areas proposed or business and industrial uses, including uses on property in the business or industrial districts where such property is adjacent to a residential or agricultural district, a setback from the rear lot line or any building or accessory building shall be 60 feet. Please see attached: Attachment 15.[3]

The additional setbacks are intended to provide a visual and noise buffer between residential, agricultural and nonresidential uses. The additional setback, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to provide, as much as practicable, a visual screen of the nonresidential improvements from the residential uses. Species type, location and planted height of such landscaping shall be subject to the recommendation of the Conservation Board and the Planning Board and the approval of the Town Board.

This subsection shall be subject to all requirements of § 144-44C, entitled General standards. § 144-44C is repeated herein by reference as if it were fully set forth herein.

Present elevations at five-foot intervals.

Proposed elevations at five-foot intervals.

Present and proposed structures.

Roadways, pathways and parking areas.

Recreation areas.

Utilities and lighting.

Landscaping. At least 15% of the total site shall be landscaped open space.

Proposed storm drainage classification of streams.

All usages and structures within 500 feet.

Plans and elevations of proposed multiple dwellings.

Phases of construction.

Financial backing.

Copies of all items listed shall be provided to the Town Engineer for approval and his recommendations where necessary.

The owner shall deposit with the Town Clerk landscape completion security in accordance with § 144-44C(1)(a)[1][a] and [b], [c] and [d], Landscape plan; requirements.

Proposed plans for homeowners' association or condominium ownership for review by the Town Attorney. A homeowners' association shall be required in all townhouse or multiple dwelling developments when individual living units are owned by different persons or entities.

In the case of alterations, application for building permits or certificates of occupancy pertaining to structural or other alterations to multiple dwelling units or townhouses presently existing, only such of the foregoing requirements shall apply as in the discretion of the Planning Board shall be necessary or advisable and tending toward the most appropriate use of the land.

Traffic access. Site traffic accessways shall be adequate in number, grade, width, alignment and visibility and not located too near street corners, entrances to schools or places of public assembly.

Circulation system. The interior circulation system shall be adequate. Roads deeded to the Town and private roads shall meet Town specifications and standards. Private roads shall have a minimum asphaltic paved width of 21 feet plus thirty-inch Town standard concrete gutters on each side.

Parking shall comply with the provisions of § 144-29, Automotive facilities; parking.

Arrangement of buildings.

Proper landscaping.

Drainage.

Staging or phasing of the project. A clear indication shall be given of how the phasing of the project is to proceed.

Ownership. An application must be filed by the owner or jointly by the owners of all property included in a project. In the case of multiple ownership at the time of application or later, the approved site plan shall be binding on all owners.

Miscellaneous.

Number of units per building. There shall be no more than eight units per building, unless specifically approved by the Town Planning Board.

Sanitary sewer remediation.

A lighting plan shall be submitted detailing the site's photo metrics levels, and the fixture design details. All lights shall be full cut-off fixtures and dark sky compliant. The maximum mounting height shall be 15 feet above the established grade.

It is the intent of this section to regulate the construction of senior residential apartments and encourage the construction of affordable senior citizen housing. Housing specifically designed for an aging population is a desirable need within the community; it is equally important to encourage the construction of new senior housing and maintain and safeguard community ambiance, character and environmental quality. To achieve those objectives requires development standards and criteria tailored to the needs of senior citizen's lifestyle.

The Senior Residential District (SR) is specifically created to encourage the development of affordable elderly apartment units to meet the ever-growing demand to house elderly people in a quality environment; efficient and cost-effective use of land is a driving force behind achieving that objective. By crafting and adopting land use and site standards that facilitate new elderly housing and protect the environment and provide quality housing in harmony with the community, the town will continue to serve and protect all residents. This section recognizes that while standard zoning criteria are important to the protection of the community as a whole, in the instance of elderly housing developments standards can be tailored to meet the special conditions, uses and demands required of an elderly population without compromising the integrity of this zoning section. This section protects the community through the adoption of standards and regulations that encourage elderly residential development, while protecting health, safety and general welfare of the entire community.

The Town Board, with the advice and assistance of the Planning Board, may assign the SR designation in areas of Town currently zoned R-3 and R-4.

The housing of persons 60 years of age and older or in a conjugal relationship where one person is 60 years of age or more or handicapped persons below 60 years of age in a residential complex shall be permitted. Said persons must be able to live without special medical and/or special supervisory care.

Supplemental service and activity space for tenants of the housing complex shall be provided as follows:

Lot width: 100 feet minimum.

Lot areas. Lot areas shall be determined by the number and size of units in the senior citizen housing complex respecting the following:

Front yard: 50 feet.

Side yards (two required).

Rear yard: equal to 15% of the lot depth but shall not be less than 50 feet.

Open space between principal buildings on a single lot. No vertical wall of the principal building shall be nearer to a vertical wall of any other principal building than 30 feet or a distance equal to the average height of such vertical walls measured from an adjoining finished grade, whichever is greater.

Recreation open space. A minimum of 25 square feet per unit shall be provided and designated as open space for social or recreational purposes.

It is the intent of this section to regulate the construction of residential apartments in R-3 and R-4 Multiple Dwellings for full-time students matriculated at an accredited college or university. Housing specifically designed for students is a desirable need within the community; it is equally important to maintain and safeguard community ambiance, character and environmental quality.

This section recognizes that while standard zoning criteria are important to the protection of the community as a whole, in the instance of collegiate housing developments, standards can be tailored to meet the special conditions and uses. This section protects the community through the adoption of standards and regulations that encourage collegian residential development while protecting health, safety and general welfare of the entire community.

It is the specific intent of this section to provide the Town of Orchard Park with the flexibility to designate property with the CR designation. The Town Board, with the advice and assistance of the Planning Board, may assign the CR designation in areas of the town currently zoned R-3 or R-4 within 1,000 feet of the main campus of an accredited college or university.

The housing of full-time matriculated students at an accredited college or university or a college or university that is a member of the State University System of New York (SUNY). The housing development shall have a written contractual relationship with the accredited college or university to regulate the residents to those attending their educational institute.

Lot size, set backs, coverage shall be per the R-3 or R-4 requirements in which the CR district is.

Emergency vehicle access. A perimeter road around the building shall be provided for emergency vehicles. Said road shall be a minimum of 16 feet wide, hard surface and restricted from parking thereon. Furthermore, parking shall be restricted between the building and the perimeter road. The perimeter road shall be designated as a fire lane.

At least one ingress and egress shall be located on a public highway.