Porter Town City Zoning Code
ARTICLE V
Requirements Applying to All Districts
§ 200-64 Purpose.
The requirements applying to all districts regulate activities, uses, structures, conditions and treatments that may be present on a property, whether or not a principal structure or use is present. These requirements contribute to and promote the health, safety, comfort, convenience and/or necessity of the property's occupants, the immediate neighborhood and/or the entire Porter community.
§ 200-65 Address numbers.
All property owners within the boundaries of the Town of Porter shall affix, or cause to have affixed, the legal address street number(s).
A.
For all primary buildings, the street number shall be conspicuously displayed on that side of the building which faces the main vehicle access.
B.
For primary buildings not readily visible from the street, the assigned street number(s) shall also be conspicuously displayed at the main vehicular (or pedestrian, if no vehicular access exists) access to the property, so as to be visible on a year-round basis. The preferred method of display at the main vehicular or pedestrian access shall be on both sides of a mailbox. The front may be used when applicable. If a mailbox is not located at the main access, or if there is no mailbox, then the assigned street number shall be displayed on a sign post or similar means at the main access.
C.
All displayed street numbers shall be of a contrasting color to the means of support such as the primary building, mailbox, post, etc.
D.
All displayed street numbers shall conform to the current requirements of the New York State Fire Prevention and Building Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
All displayed street numbers shall be in Arabic form.
§ 200-66 Mechanical equipment.
A.
Ground-mounted mechanical equipment shall not be located in the front yard.
B.
Ground-mounted mechanical equipment shall be concealed from public streets and abutting lots. This requirement only applies to commercial uses.
C.
Rooftop mechanical equipment shall be concealed so as to not be visible from the street.
§ 200-67 Air quality.
A development shall not emit smoke, dust, heat or heated air, noxious odors, odorous gases or other matter in such quantities as to be readily discernible on neighboring property and detrimental to the use and enjoyment of such neighboring property. This requirement does not apply to legitimate farming operations.
§ 200-68 Dwelling standards.
A.
Minimum floor area.
(1)
Single-family dwellings.
(a)
A one-story dwelling shall have a minimum of 1,000 square feet of floor area.
(b)
A two-story dwelling shall have a minimum of 1,200 square feet of floor area.
B.
Two-family dwelling. One dwelling unit shall have a minimum of 1,000 square feet of floor area. The other dwelling unit shall have a minimum of 800 square feet of floor area.
C.
Multifamily dwellings and dwelling groups.
(1)
All dwelling units shall have a minimum of 700 square feet of floor area.
(2)
There shall be a minimum of 500 square feet of usable open space for every dwelling unit on a single lot.
(3)
On lots containing more than 12 dwelling units, there shall be a minimum of 200 square feet per dwelling unit provided for community open space in addition to the usable open space.
(4)
Where any two primary structures exist in a dwelling group, structures shall be separated by a minimum of the average height of the two structures at their closest distance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
Mobile home. Dwelling standards shall not apply to mobile homes as defined and regulated herein.
§ 200-69 Excavation, site grading, and filling.
A.
No person shall strip, excavate, or otherwise remove soil for use other than on the premises from which the soil was taken except in direct connection with an improvement or operation on such premises for which a building permit has been issued.
B.
A grading/drainage plan approved by the Town Engineer shall be required as part of the building permit process.
C.
Lot grading will be done in such a way as to preserve or enhance the topographic features and to provide positive drainage. All site grading shall be designed to meet the following standards:
Minimum Slope | Maximum Slope | ||
|---|---|---|---|
Planting areas | 2.5% | 12% | |
Parking lot pavement | 2.5% | 4% | |
Driveways | 2.5% | 6% | |
Pedestrian pavements | 1.5% | 2% | |
Sidewalks | 1.5% | 5% |
D.
Where retaining walls are required, they shall be of a material compatible with the building architecture.
E.
Grade changes shall not adversely affect surrounding properties in terms of drainage.
F.
Berms, channels, swales, etc. shall be graded in such a way as to be an integral part of the grading and paved surface. Such features shall be designed with smooth vertical transitions between changes in percent of slope.
G.
All structures including driveways, walkways, and accessory buildings shall be designed so as to minimize the amount of cutting into the embankment, general grading and removal of vegetative cover.
§ 200-70 Fences and walls.
The following shall apply to all fences and walls in the Town of Porter except those necessary to restrain animals on a farm operation:
A.
Permit required. No fence or wall shall be constructed without obtaining a building permit.
B.
Heights. Except as otherwise provided in this chapter for specific uses:
[Amended 8-13-2012 by L.L. No. 3-2012[1]]
(1)
The height of all fences or walls shall be measured from the average existing grade.
(2)
Except in the Industrial District, fences or walls shall not exceed six feet in height.
(3)
Within all residential districts, a fence or wall, other than a necessary retaining wall, over three feet in height shall not extend between the building line of the primary structure and the road.
(4)
A fence of 10 feet shall be allowed to enclose a tennis court, provided that such fencing is not less than 25 feet from either side or the rear property line.
(5)
Fences and walls in an industrial district shall not exceed eight feet.
(6)
No fence or wall shall be erected exceeding three feet in height between the shoreline of the Niagara River or Lake Ontario and the nearest point to such shoreline from any principal residence or building.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Placement.
(1)
Fences may be constructed up to any lot line, provided that it is erected wholly on the property of the owner and neither the fence itself nor any supporting accessory components thereof shall encroach upon the adjoining properties.
(2)
All fences shall be so installed so that the better side shall face outward, all bracing shall be on the inside of the fence.
D.
Fence surface.
(1)
In Residential Districts, fences not more than 60% solid may be located in any front yard or in any yard with street frontage.
(2)
Fences erected parallel to the shoreline on property that is adjacent to Lake Ontario or the Niagara River shall not be more than 10% solid.
(3)
The use of razor wire and barbed wire is prohibited.
(4)
Where walls and fences are required, they shall be of a material compatible with the building architecture.
(5)
All required fences and walls shall be maintained and, when necessary, repaired or replaced.
E.
Street intersections. At the intersection of two or more streets, no hedge, fence or wall which is higher than three feet above curb level, nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection along said street lines.
§ 200-71 Hazardous materials in residential districts.
These regulations apply to Residential Districts only:
A.
Hazardous materials shall not be discharged at any point into any public or private sewerage system, watercourse or the ground.
B.
Besides necessary fuel storage and the storage of chemicals used in the maintenance of property such as fertilizers for farm operation, chlorine for pools, and household cleaning agents, the storage of hazardous chemicals or explosives is prohibited.
§ 200-72 Junk vehicles.
A.
Junk vehicles shall be stored within a completely enclosed building or shall be surrounded by a solid stable fence or wall designed to be completely opaque.
B.
A maximum of one junk vehicle may be maintained outdoors if surrounded by a solid stable fence or wall.
C.
More than one junk vehicle stored outdoors, even if surrounded by a solid stable fence or wall, will constitute a junkyard and shall be prohibited.
D.
Sustained progress in restoring a junk automobile to operational condition shall be allowed under the following conditions and said vehicle shall not constitute a junk vehicle:
(1)
A maximum of one restoration per any single parcel.
(2)
The entire restoration shall take a reasonable time to accomplish.
(3)
Such vehicles shall be located so as to create the least nuisance possible.
(4)
Noise associated with the restoration shall be limited to reasonable hours.
E.
Restoration shall be for personal use only, and not for profit.
F.
These regulations shall not apply to active farming operations and vehicle repair stations.
§ 200-73 Landscaping and buffering.
A.
Landscaping requirements. General landscaping requirements apply only where landscaping is mandated by this chapter for general appearance or for buffering or screening. Landscaping may include existing and new vegetation, berms, lighting, street furnishings, and ornamental features which are integrated with vegetation. The requirements do not apply to private residential landscaped areas.[1]
(1)
Landscaping sufficient to provide appropriate ground cover, trees, shrubs, etc. shall be determined upon site plan review.
(2)
Buffers, screening, fencing as required or appropriate shall be determined upon site plan review.
(3)
Whenever possible, development plans shall be designed so as to minimize the number of trees (four-inch caliper and greater) which would have to be removed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Maintenance. All required planting shall be permanently maintained in good condition, and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.
§ 200-74 Lighting.
The following lighting design standards are provided to ensure coordinated, safe and functional lighting systems. The site lighting requirements include:
A.
This section shall not apply to temporary holiday lighting, emergency lighting, or temporary lighting used for construction.
B.
No light source or combination thereof which casts light on a public street shall exceed one footcandle meter reading as measured from the center line of said street, nor shall any light source or combination thereof which casts light on adjacent property exceed 0.5 footcandle as measured at any point of the property line.
C.
Pedestrian areas, plazas and walk lights shall not exceed 15 feet in height and shall be designed to be harmonious with light fixtures on site.
D.
All commercial and residential entrances shall have a means for illumination, but do not have to be continuously illuminated.
E.
Soft lighting of building faces is encouraged. Building lighting should be indirect in character. Indirect wall lighting or "wall-washing" overhead down lighting or interior illumination that spills outside is encouraged. Architectural lighting should articulate the particular building design and provide required functional lighting for safety and clarity of pedestrian movement.
F.
All light fixtures shall be concealed-source fixtures except for pedestrian-oriented accent lights.
G.
Security lighting fixtures shall not project above the facade or roofline of any building and are to be shielded. Lighting shields shall be painted to match the surface to which they are attached. Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures and are restricted to lighting only loading and storage locations or other similar areas requiring security lighting.
H.
Service-area lighting shall be contained within the service yard boundary. No light spillover shall occur outside the service area; the light source should not be visible from the street.
I.
When possible, overhead wiring should be avoided.
J.
To assure that site lighting does not adversely affect neighboring properties, the Building Inspector shall have the authority to require changes to the on-site fixtures to reduce and minimize glare and the splaying of light at the property lines and to assure continuous compliance with this section. Such changes may include, but are not limited to lower wattage bulbs, the addition of shields to deflect light, and changes to the angle of the fixtures or shields. Failure to implement the changes as directed by the Building Inspector shall be a violation of any permit or approval granted under this section.
§ 200-75 Noise limitations.
The Town of Porter recognizes that people have the right to and should be ensured an environment free from unreasonable, excessive noise that may jeopardize their health or safety or welfare or degrade their quality of life or value of their real property. This section is enacted to protect, preserve, and promote the health, well-being and quality of life for the residents of the Town of Porter through the reduction, control, and prevention of unreasonable and unnecessary noise.
A.
Except as provided in this section below, no person shall cause, suffer, or allow sound from the premises of any permitted use that creates a public inconvenience, annoyance or alarm, or recklessly creates a risk thereof by the making of unreasonable noise.
B.
For the purpose of this chapter, "unreasonable noise" shall mean any sound that is excessive or unusually loud and that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities.
C.
Factors to be considered in determining whether unreasonable noise exists include, but are not limited to the following:
(1)
The level of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is associated with nature or human-made activity.
(4)
The intensity of the background noise, if any.
(5)
The proximity of the noise to sleeping facilities.
(6)
The nature and the zoning district of the area within which the noise emanates and the areas where it is received.
(7)
The time of the day or night the noise occurs.
(8)
The duration of the noise.
(9)
Whether the noise is recurrent, intermittent, or constant.
(10)
The existence of complaints concerning the noise from persons who are affected by the noise.
D.
Noise prohibitions. The following acts are deemed to be in violation of this chapter when the sound there from is unreasonable noise as defined in Subsection B above. This enumeration is not exclusive:
(1)
The playing of any noise-producing devices such as radios, electronic devices, televisions, CD players, loudspeakers, public address systems, musical instruments, and other amplification devices in such a manner or with such volume as to be audible beyond the property line of the premises upon which it is being used between the hours of 10:00 p.m. and 7:00 am, or audible at a distance of 50 feet beyond the property line of the premises upon which it is being used between the hours of 7:00 a.m. and 10:00 p.m.
(2)
Noise from a dog or other pet animal that disturbs the comfort and repose of any person in the vicinity and exceeds a period of 30 minutes, continuously or intermittently.
(3)
The sounding of any horn, security alarm or other auditory signaling device emanating from any structure, vehicle, vessel, engine, machine, or stationary boiler for a period of time longer than 15 minutes, except as required by law or to provide a warning signal during use thereof. This provision shall not be construed to prohibit the use and operation of a signal device on an emergency vehicle.
(4)
The use of any automobile, motorcycle, recreational vehicle or like vehicle so out of repair or operated in such a manner or at such a time as to create loud and unnecessary noise.
(5)
No person shall operate or cause to be operated, any recreational motorized vehicle, whether or not duly licensed and registered, either on or off a public right-of-way or on private lands at any time in such a manner as to create an unreasonable noise.
(6)
No person shall cause or permit discharge into the open air of the exhaust of any device, including but not limited to any steam engine, diesel engine, internal combustion engine or turbine engine, so as to create an unreasonable noise.
(7)
The operation of any power equipment, including a chainsaw, drill, grinder, lawn mower or garden tool, leaf blower, or similar tool in residential zones outdoors between the hours of 9:00 p.m. and 7:00 a.m. on Mondays through Friday and between the hours of 9:00 p.m. and 8:00 a.m. on Saturdays, Sundays, and legal holidays. The hours restriction herein shall not apply to snow blowers during their normal use to remove snow.
(8)
The operation or causing the operation of any tools or equipment used in construction, excavation, demolition, grading, alteration or repair work between the hours of 9:00 p.m. and 7:00 a.m. Mondays through Fridays and between the hours of 9:00 p.m. and 8:00 a.m. on Saturdays, Sundays, and legal holidays, except for emergency work or work performed by public service utilities.
(9)
No person shall cause or permit the creation of any unreasonable noise adjacent to a hospital, school, library, nursing home, or long-term medical or mental care facility which interferes with the workings of such institutions or disturbs or annoys the occupants of said institutions, provided that conspicuous signs are displayed indicating the location of such facility.
(10)
No person shall cause or permit the creation of any unreasonable noise resulting from loud or raucous behavior likely to annoy or disturb the peace, comfort or repose of a reasonable person of normal sensitivities.
E.
Exceptions. In addition to specific exceptions provided above, these provisions shall not apply to the following:
(1)
The emission of sound for the purpose of alerting persons to the existence of an emergency.
(2)
Noise from the use of machinery or equipment for public or private emergency needs or purposes.
(3)
Noise from the use of any authorized machinery or equipment for the purpose of the maintenance and repair of public roads and highways, including snowplows.
(4)
Noise generated by the installation and maintenance of utilities.
(5)
Agricultural activities on land zoned for such activities.
(6)
Noise from Town-sponsored celebrations or events.
(7)
Noise from nonsponsored events which have been authorized by the Town.
(8)
The operation or use of any organ, bells, chimes or sound amplifiers associated with a church, synagogue or any other place of public worship.
(9)
Refuse collection vehicles.
(10)
The discharge of firearms for the purpose of hunting during the hours and locations permitted by state and local law.
(11)
Activities of the Town, school, law enforcement, or volunteer fire company in performance of its duties, drills or public demonstrations.
(12)
Noise from any legitimate commercial or industrial use or activity located in its proper zone as long as the noise emanating therefrom does not begin prior to the hour of 7:00 a.m. and does not regularly run beyond the hour of 12:00 a.m. or is not otherwise scheduled to run beyond 12:00 a.m.
F.
Enforcement. The noise control requirements established by this chapter shall be administered and enforced by the Town of Porter Zoning/Code Enforcement Officer, and/or the law enforcement agency that has jurisdiction in the Town of Porter.
§ 200-76 Off-street parking requirements.
A.
Computation of required spaces.
(1)
In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 18 inches of such seating facility shall be counted as one seat to establish occupant capacity.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
When parking spaces are required on the basis of the number of faculty staff, students and employees, the maximum number present at any one time shall govern.
(3)
For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar listed use.
(4)
The number of parking spaces may include both covered and open air parking spaces.
B.
Required parking spaces. The number of off-street parking spaces provided shall be between a minimum of 80% and a maximum of 110% of the following parking standards:[2]
Use | Parking Standard | ||
|---|---|---|---|
Residential | |||
Single-family detached, semidetached, two-family and attached dwelling | 2 per dwelling unit | ||
Multiple-family dwelling | 2 per dwelling unit | ||
Senior housing | Parking demand analysis | ||
Educational and Religious | |||
Day care or nursery | 1 per 6 persons enrolled | ||
Place of worship | 1 per 3 seats at maximum capacity | ||
Rectory, parsonage, church office | 2 plus 1 per employee | ||
Schools, elementary and intermediate | 2 per classroom | ||
School, secondary | 1 per 10 students plus 2 per classroom | ||
Cultural and Recreational | |||
Amusement facility | 1 per every 5 customers at maximum capacity, plus 1 per employee | ||
Auditorium and theaters | 1 per 4 seats at maximum capacity | ||
Bowling alley | 5 per lane, plus any bar/restaurant requirements | ||
Community center | 1 per 250 square feet net floor area | ||
Health clubs and similar facilities | 1 per 250 square feet net floor area | ||
Entertainment | 0.5 per person at maximum allowable occupancy | ||
Library | 1 per 1,000 square feet net floor area | ||
Museum or art gallery | 1 per 500 square feet net floor area | ||
Private club or lodge | 1 per 50 square feet net floor area | ||
Skating rink | 1 per 1,000 square feet of rink area | ||
Stadium or sports arena | 1 per 5 seats | ||
Swimming pool | 1 per 4 persons design capacity | ||
Government safety and health | |||
Hospital | 1 per each bed | ||
Medical clinic, medical office | 1 per 250 square feet net floor area | ||
Nursing home | 1 per 4 beds plus 1 for every employee during largest working shift | ||
Funeral home | 1 per 4 seats at maximum capacity | ||
Manufacturing and Industrial | |||
All uses | 1 per each employee on largest shift | ||
Retail | |||
Food store | 1 per 250 square feet net floor area | ||
Convenience store | 1 per 150 square feet net floor area | ||
General retail, retail plazas | 1 per 200 square feet net floor area | ||
Home occupations | 2 for client purposes, 1 for nonresident employee, plus any dwelling-related requirements | ||
Services | |||
Bank | 1 per 500 square feet net floor area | ||
Bed-and-breakfast | 1 per guest bedroom plus 1 for the proprietor | ||
Beauty parlor, barbershops and the like | 1 per chair | ||
Dry cleaning and laundromat | 1 per 500 square feet net floor area | ||
Hotel and motel | 1 per guest bedroom | ||
Office, professional or business | 1 per 100 square feet net floor area | ||
Restaurants, bars, taverns | 1 per 2 seats | ||
Vehicle-Related Uses | |||
Vehicle repair stations | 2 per bay, minimum of 6 | ||
Vehicle service (fueling) station | 1 per every 100 square feet net floor area | ||
Vehicle sales | 5 plus 1 per employee, plus repair center requirements | ||
Vehicle rental | 1 per 1,000 square feet net floor area | ||
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Shared parking. Parking requirements may be satisfied through shared parking arrangements, provided the following conditions apply:
(1)
The shared parking arrangement is between nonresidential uses.
(2)
All provided parking is within 500 feet of the main entrance of each use.
(3)
A shared parking study is prepared, which demonstrates that the parking requirements can be achieved for all uses involved during their respective peak parking time periods.
(4)
A written shared parking agreement is signed by all involved property owners and such agreement is transferred as easements with the property deeds.
D.
Space sizes. The following minimum standards shall apply to the width and length of required parking spaces:
Type of Parking | Angle | Parking Space Length | Parking Space Width | Aisle Width | |
|---|---|---|---|---|---|
Traditional | 90° | 19'00" | 9'00" | 24'00" | |
Traditional | 60° | 21'00" | 9'00" | 18'00" | |
Traditional | 45° | 19'10" | 9'00" | 13'00" | |
Handicapped | 90° | 19'00" | 13'00" | 24'00" | |
Handicapped | 60° | 21'00" | 13'00" | 18'00" | |
Handicapped | 45° | 19'10" | 13'00" | 13'00" |
 |
E.
Turnaround required. Except for single- and two-family dwellings on local streets, all parking facilities shall have a suitable turnaround area so that there will normally be no need for motorists to back onto highways.
F.
Location as related to use. All required parking spaces provided pursuant to this section shall be on the same lot with the related use except that the Planning Board may allow for the parking space to be on any lot within 300 feet of the use if it is determined it is impractical to provide space on the same lot with the use.
§ 200-77 Off-street stacking requirements.
The vehicle stacking standards of this section shall apply:
A.
Minimum number of spaces. In addition to minimum parking requirements established in this chapter, the following stacking or queuing areas are required:[1]
Activity Type | Minimum Stacking Spaces Per Lane or Stall | Measured From | |
|---|---|---|---|
Automated teller machine | 4 | Teller | |
Bank teller lane | 5 | Teller or window | |
Car wash stall, automatic | 10 | Entrance | |
Car wash stall, self-service | 3 | Entrance | |
Gasoline pump island | 2 | Pump island | |
Pharmacy | 4 | Drive-through window | |
Restaurant drive-through | 6 | Order box | |
Restaurant drive-through | 4 | Order box to pickup window | |
Oil change and quick lube | 3 | Entrance | |
Other | Determined by Planning Board during site plan review | ||
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Design and layout. Required stacking spaces are subject to the following design and layout standards:
(1)
The size of a stacking or queuing space shall be 20 feet in length by 10 feet in width.
(2)
Each lane shall be clearly defined in a manner that is identifiable during all seasons.
(3)
Stacking spaces may not impede on-site or off-site traffic movements or movements into or out of off-street parking spaces.
(4)
Stacking spaces must be separated from other internal driveways by raised and planted medians if deemed necessary by the Planning Board for traffic movement and safety.
§ 200-78 Outdoor parking.
A.
Parking lots shall not be located at street intersections.
B.
Parking lots shall be surfaced with an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation.
C.
Side and rear yard setback shall be a minimum 10 feet and buffered.
D.
The maximum length of a row of contiguous parking spaces shall be 12 spaces.
E.
Clearly defined and marked walkways to provide for the safe movement of pedestrians shall be required within parking lots with 20 or more spaces.
F.
Any parking lot with more than 40 spaces shall provide landscaped areas within the parking lot equal to a minimum of 10% of the gross area of the parking lot. The number and type of landscaping shall be determined by the Planning Board.
 |
§ 200-79 Property maintenance.
A.
Purpose. To provide a method whereby vacant lands, improved properties and public lands, including roads and rights-of-way are properly maintained, properly repaired, kept clean, and kept free from vermin, nuisances, hazards, debris and litter. The outdoor storage, accumulation, deposit or placement of abandoned, junked, discarded, wholly or partially dismantled or unlicensed or unregistered motor vehicles, rubbish, debris, or solid waste upon private property constitutes a public nuisance.
B.
Compliance required.
(1)
All structures and premises, residential, commercial and industrial, shall comply with the provisions of this section, whether or not those structures and premises have been constructed, altered, or repaired before or after the enactment of this chapter and irrespective of any permits or licenses which may have been issued for their use or occupancy prior to the effective date of this chapter. Vacant lots, land and premises are also required to comply with the provisions of this section. This section does not replace or modify standards otherwise established for the construction, repair, alteration or use of the structure, the premises or equipment or use of the structure, the premises or the equipment of facilities contained therein, as are required by the New York State Uniform Fire Prevention and Building Code.
(2)
In any case where a provision is found to be in conflict with any applicable zoning, building, plumbing, electrical, heating, ventilation, fire or safety code of the Town of Porter, Niagara County, State of New York or United States of America, the provision that establishes the higher standard, as determined by the Zoning/Code Enforcement Officer, shall prevail.
C.
Maintenance. It shall be the duty of the owner, operator and/or occupant to keep the exterior of the premises free of nuisances, which include but are not limited to the following:
(1)
Garbage and/or other refuse.
(2)
Natural growth, such as dead and dying or storm-damaged trees and limbs or other growth, which by reason of its condition or nature, constitutes a hazard to persons lawfully in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions. Owners of vacant premises must keep them free of nuisances.
(3)
Ground surface hazards, such as holes, excavations, breaks or projections. This requirement applies on residential premises within five feet of an unfenced property line or on any part of a nonresidential premises to which the public has lawful access.
[Amended 11-12-2013 by L.L. No. 2-2013]
(4)
Sources of infestation, including all environments and conditions conducive to the increase or spread of vermin. The owner of any structure found to be infested with rats, termites, roaches and/or other insects or vermin shall undertake an expedient means of extermination of such nuisances.
(5)
Surface or subsurface water shall be appropriately drained to protect buildings and structures and to prevent the development of stagnant ponds.
(6)
Lawns, except for pastureland, woodland, or land under cultivation, shall be cut, and bushes, shrubs and hedges shall be trimmed regularly during the growing season so as to avoid an unsightly appearance.
(7)
Weeds and grass.
[Added 8-11-2020 by L.L. No. 2-2020]
(a)
Premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches in average height. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
(b)
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice (as prescribed in Subsection E of this section) they shall be subject to prosecution in accordance with Chapter 200, Article X, of the Code of the Town of Porter. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property to the Town of Porter. The fee for the remediation of overgrown weeds and grasses per parcel shall be established by the Town Board and as amended from time to time.
D.
Exterior standards.
(1)
The exterior of all premises, whether vacant, unoccupied, or occupied shall be kept free of the following matter, materials or conditions:
(a)
Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
(b)
Abandoned iceboxes, refrigerators, heaters, television sets, and other similar major appliances.
(c)
Animal excrement, excluding farm animals.
(d)
Buried or open to view any refuse or rubbish as herein defined.
[Amended 11-12-2013 by L.L. No. 2-2013]
(e)
Nuisances as herein defined.
(2)
The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants or operators and so as to protect the occupants or operators from the environment. Structures shall be maintained so as to reflect a level of maintenance in keeping with the appearance of the neighborhood and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values.
[Amended 11-12-2013 by L.L. No. 2-2013]
(3)
All exposed exterior surfaces shall be maintained free of broken or cracked glass, loose shingles or loose or crumbling stones or bricks, loose shutters, railings, aerials, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Said conditions shall be corrected by repair or removal. All exposed exterior surface not inherently resistant to deterioration shall be coated, treated or sealed to protect them from deterioration or weathering. Wood, masonry or other exterior materials that will naturally resist deterioration do not have to be treated, but must be maintained in a sound, secure workmanlike manner. Exterior surfaces that have been painted or otherwise coated must be maintained in a neat, orderly, serviceable manner so as to prevent the collapse of the same or injury to the occupants or operators of the building or to the public.
[Amended 11-12-2013 by L.L. No. 2-2013]
(4)
Residential, commercial and industrial premises, whether improved or vacant, shall be maintained free of litter. Dumpsters and similar large receptacles shall be screened from the public view by means of landscaping, hedges, fences or screening.
(5)
An occupant or operator of premises shall be responsible for compliance with this section in regard to the following:
[Amended 11-12-2013 by L.L. No. 2-2013]
(a)
Maintenance of that part of the premises which he occupies or controls in a clean, sanitary and safe condition.
(b)
Keeping exits from the building or occupant's portion thereof clear and unobstructed.
(c)
Disposal of garbage and refuses into appropriate facilities in a clean and sanitary manner.
(d)
Maintenance of yards in appropriate manner for the part of yard he occupies.
(e)
Installation and removal of required screens
(f)
Keeping domestic animals and pets in an appropriate manner and under control, in accordance with other regulations of the Town.
(g)
Elimination of all prohibited uses for that part of the premises which he occupies, controls, or to which he has accessibility.
(6)
The owner of the premises shall be responsible for compliance with this section in regard to the following:
(a)
Owners shall be responsible for compliance with the provisions prescribed herein and shall remain responsible regardless of the fact that this section may also place certain responsibilities on operators and occupants and regardless as to which party shall assume such responsibility.
(b)
Owners, occupants and operators of buildings shall be responsible for the proper installation, maintenance, conditions and operation of service facilities and for furnishing adequate heat and hot water supply where they have contracted to do so.
[Amended 11-12-2013 by L.L. No. 2-2013]
(c)
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Town as executor, administrator, trustee, guardian, operator or agent, such persons shall be deemed and taken to be the owner or owners of said property within the intent and meaning of this section and shall comply with the provisions of this section to the same extent as the record owner, and notice to any such person of any order or decision of the Zoning/Code Enforcement Officer shall be deemed and taken to be good and sufficient notice, as if such person or person were actually the record owner in instances where an occupant is responsible or share responsibility with the owner for the existence of one or more violations of this section, said occupant shall be deemed and taken to be an owner within the intent and meaning of this section.
E.
Inspection and enforcement.
(1)
The Zoning/Code Enforcement Officer of the Town of Porter is hereby designated as the officer(s) in charge with the enforcement of this chapter.
(2)
The Zoning/Code Enforcement Officer shall be authorized and directed to make inspections of premises within the Town of Porter as (s)he shall deem necessary to effect compliance with this chapter.
[Amended 11-12-2013 by L.L. No. 2-2013]
(3)
Whenever the Zoning/Code Enforcement Officer determines that there is a violation of the provisions of this chapter, (s)he shall cause a written notice to be served upon the owner, occupant or operator, which shall include:
[Amended 11-12-2013 by L.L. No. 2-2013]
(a)
An enumeration of conditions which violate the provisions of this section.
(b)
An enumeration of the remedial action required to meet the standards of this section.
(c)
A statement of a definite number of days from the date of the notice in which the owner, occupant or operator must commence and complete such remedial action, not to exceed 30 days, except in the case of citation for grass and/or weeds, in which case remediation must be completed within 10 days.
(d)
A statement of the penalties for noncompliance, as set forth herein.
(e)
In the case where the violation presents a clear and present danger to public health and safety, the complaint is to be turned over to the Niagara County Health Department, and/or the complaint is to be processed in Town Court for prompt action within its jurisdictions.
(f)
Where the violation or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement officer may either abate the violation or condition immediately, or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the enforcement officer shall abate the condition subject to the provisions of Subsection F of this section.
(4)
A copy of such notice shall be on file in the Building Inspector's office, and such notices shall be deemed sufficient if served upon the owner and/or agent having charge of a property as follows:
[Amended 11-12-2013 by L.L. No. 2-2013; 8-11-2020 by L.L. No. 2-2020]
(a)
In person;
(b)
By certified mail with return receipt requested or a trackable USPS delivery verification method; or
(c)
By posting a copy of said notice on the building, only if attempts to serve the owner and/or agent having charge of a property by the first two methods is unsuccessful.
(5)
Upon failure to comply with said notice, the enforcement officer shall issue an appearance ticket returnable in Town of Porter Court.
F.
Abatement by Town. Where abatement of any nuisance, as defined herein, correction of a defect in the premises or work necessary to place the premises in a proper condition so as to conform to ordinances of the Town of Porter or applicable laws of the State of New York required expending Town moneys, the enforcement officer shall present a report of work proposed to be done to accomplish the foregoing to the Town Board with an estimate of the cost, along with a summary of the proceedings undertaken by the enforcement officer to secure compliance, including notices served upon the owners, occupants or operators or their agents, as the case may be. The Town Board may thereupon, by resolution, authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with this chapter. The enforcement officer shall thereafter proceed to have the work performed in accordance with the resolution at municipal expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Town Clerk and filed with the Assessor of the Town, who shall assess such expense against the record owner of the property. The charge shall be collected in the same manner and at the same time as other Town charges. A copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the effected premises.
§ 200-80 Storage or parking of boats, trailers, recreational vehicles and utility trailers.
[Amended 9-12-2011 by L.L. No. 2-2011]
A.
Storage or parking of boats and trailers, camp trailers, recreational vehicles, and utility trailers in all districts other than MDR Medium-Density Residential Districts. Boats and trailers, camp trailers, recreational vehicles or utility trailers for personal use by the occupant of any premises may be parked on an established driveway and must have a current registration or permit issued by the Department of Motor Vehicles or other New York State agency as required by law. Any boat and trailer, recreational vehicle, camp trailer or utility trailer parked on the premises shall be operable and properly maintained so as not to cause a nuisance to neighbors. Any boat and trailer, camp trailer, recreational vehicle or utility trailer parked or stored on the premises must be parked or stored at least 20 feet from the nearest sidewalk or edge of road and may not otherwise obstruct the vision of any person operating a vehicle on the road or roads adjoining the premises.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Storage or parking of boats and trailers, camp trailers, recreational vehicles, and utility trailers in MDR Medium-Density Residential Districts.[2]
(1)
Year-round storage of boats and trailers, camp trailers, recreational vehicles or utility trailers for personal use by the occupant of any premises may be permitted in MDR Medium-Density Residential Districts. Said vehicles may be parked on rear and side lots only and must have a current registration or permit issued by the Department of Motor Vehicles or other New York State agency as required by law. Any boat and trailer, recreational vehicle, camp trailer or utility trailer stored or parked on the premises shall be operable and properly maintained so as not to cause a nuisance to neighbors.
(2)
Seasonal parking or storage of boats, camp trailers, recreational vehicles, or utility trailers in MDR Medium-Density Residential Districts. During the period April 15 through October 31, one boat and trailer, camp trailer, recreational vehicle or utility trailer for personal use by the occupant of the premises and not exceeding 25 feet in length may be parked in the front yard on an established driveway, provided said vehicle has a current registration or permit issued by the Department of Motor Vehicles or other New York State agency as required by law. Any boat and trailer, recreational vehicle, camp trailer or utility trailer stored or parked on the premises shall be operable and properly maintained so as not to cause a nuisance to neighbors. Any boat and trailer, camp trailer, recreational vehicle or utility trailer parked or stored on the premises must be parked or stored at least 20 feet from the nearest sidewalk or edge of road and may not otherwise obstruct the vision of any person operating a vehicle on the road or roads adjoining the premises.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
Trailers for use in agricultural and livestock activities in areas zoned Rural Agricultural and Low-Density Residential on lots of five acres or more are not subject to the limitations set forth in Subsection A or B above. Trailers used for agricultural and livestock activities shall not be permitted to be stored within road rights-of-way or in a manner otherwise posing a risk to public health or safety.
§ 200-81 Refuse storage areas.
A.
Refuse storage areas in all residential districts. All refuse storage, between refuse collections, shall be located in the side or rear of the building and not visible from the public right-of-way.
B.
Nonresidential refuse storage areas.
(1)
All refuse storage areas shall be located within the primary building or in the side or rear yard of the principal building.
(2)
Deposited refuse shall not be visible from outside the refuse enclosure.
(3)
All refuse storage areas shall be effectively designed to contain all refuse generated on site and deposited between collections.
(4)
Refuse storage areas shall conform to any the following:
(a)
If a loading dock/service bay or vehicular garage is part of the building, refuse storage shall be contained within this area;
(b)
If there is no loading dock service bay or vehicular garage, refuse storage shall be located within the building, accessible from the exterior and enclosed with solid door. The doors shall be integrated into the facade pattern in a manner consistent with the character of the building;
(c)
If it is not possible to locate within the building, refuse storage shall be located within a concealed enclosure that includes solid doors, is integral to the building, consists of the same materials as the building and is located at the rear of the buildings; or
(d)
If the refuses storage area is separated from the primary building, it shall be fully enclosed by a wall or fence with a gate for refuse loading or removal. It shall be constructed of material consistent with the primary building.
§ 200-82 Sewage disposal facilities.
Sewage disposal facilities shall be subject to the following requirements:
A.
If the use of any lot or building involves the disposal of sewage or wastewater and public sewers are not available, an adequate sanitary disposal system for the same shall be installed in accordance with regulations and standards promulgated by the Department of Health and at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such disposal system. Detailed plans for such disposal system shall be submitted to the Zoning/Code Enforcement Officer and approved by him/her before a zoning permit shall be issued.
B.
The applicant shall obtain any required permits necessary from the New York State Department of Health and/or Environmental Conservation. The Zoning/Code Enforcement Officer may require the submission of any documents necessary to make the foregoing finding.
C.
No lot shall be used for the commercial storage or disposal of solid or liquid waste except, however, duly approved individual sewage disposal systems. This provision shall not prohibit the storage of animal waste upon any farm as permitted in § 200-38 of this chapter.
D.
Tanks, sewerage or other disposals, including those with potentially harmful effluents, shall not be permitted to discharge, either directly or indirectly, into a road, public ditch or stream or lake.
§ 200-83 Signs.
A.
Purpose. The purpose of this section is to provide standards for the regulations of the height, size, location and appearance of signs to:
(1)
Protect and enhance property values and neighborhood character;
(2)
Protect public and private investment in buildings and open spaces;
(3)
Preserve and improve the appearance of the Town of Porter as a place to live and work and as an attraction to visitors;
(4)
Encourage sound signage practices to and business and provide information to the public;
(5)
Prevent excessive and confusing sign displays;
(6)
Reduce hazards to motorists and pedestrians;
(7)
Protect the public health, safety and general welfare.
B.
Allowed signs. The following are allowed in any district:
(1)
Customary holiday decorations;
(2)
One prominently displayed building address sign that is pedestrian- and automobile-oriented;
(3)
Family name signs, decorative flags, no trespassing and similar signs;
(4)
Traffic control signs;
(5)
No more than two directional and parking signs not exceeding two square feet per face and no taller than three feet high per business;
(6)
Signs, flags or emblems erected and maintained pursuant to any government function;
(7)
Decorative or architectural features of a building except letters or trademarks;
(8)
Historic plaques, markers, monuments or tablets;
(9)
Safety signs.
C.
Limited signs. The following signs are limited:
(1)
Gasoline price signs attached to a gasoline dispenser shall not exceed one square foot per face for each grade of gasoline.
(2)
Election signs not exceeding six square feet per side. Election signs shall not be displayed prior to 60 days before the election to which they apply, and all election signs shall be removed within two calendar days following the election.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Two real estate signs not exceeding six square feet per side.
(4)
When permitted, one nonilluminated home occupation sign as set forth in § 200-35, Home occupations, of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5)
One construction or renovation sign, six square feet per side, erected by a contractor, engineer, architect or similar professional or business and removed at the termination of that portion of the project activity.
D.
Temporary signs. Temporary signs that conform to the following shall be allowed under the following conditions:
(1)
Temporary or portable signs shall be used for the following purposes only:
(a)
New business enterprises;
(b)
Businesses enterprises which have lost the use of an existing sign by reason of fire or other catastrophe; and
(c)
Limited activities in connection with the principal use or activity.
(2)
Temporary signs may not exceed 20 square feet in size; no more than one temporary sign shall be permitted per business.
(3)
Temporary signs shall be removed within 90 days and shall not be displayed within the same calendar year except for three times per year, for no more than 72 hours per occasion.
(4)
Banners, pennants, ribbons, and roadside memorials may be permitted as a temporary sign.
E.
Temporary signs shall comply with the location and design standards contained in this chapter.
F.
Permit required. A building permit is required for all permanent signs and tourist directional signs.
G.
Permitted permanent signs, nonresidential uses.
District | Permitted Signs | ||
|---|---|---|---|
RA | According to NYS Ag & Markets Laws | ||
LDR and MDR | Only signs permitted in all districts | ||
CMU and RC | A maximum of 40 square feet of signage per lot, including: | ||
Attached signs identifying uses or services on the premises that include 0.5 square foot in area for every linear foot of the building frontage; and/or One detached sign located in the front yard not exceeding 24 square feet in size per side of sign and posted no more than four feet in height from the finished grade of the lot | |||
IND | Maximum signage area of 10% of the primary building facade per lot, including: | ||
Attached sign identifying uses or services on the premises not exceeding 10 square foot for every foot of building frontage; and/or One detached sign located in the front yard not exceeding 24 square feet in size per side and no more than six feet high from the finished lot grade. | |||
H.
Tourist directional sign. Tourist directional signs shall be permitted, provided they are a maximum six square feet in area and are located a minimum of 1,000 feet from another tourist directional sign.
I.
Sign locations.
(1)
No sign shall be at any location where it interferes with or obstructs the view or free passage of pedestrian or vehicular traffic and shall not be located in the public right-of-way;
(2)
No sign shall be painted, placed or constructed directly on or project from a roof;
(3)
No sign shall be attached to any tree, utility pole or be painted upon or otherwise affixed to any naturally occurring rock, ledge or other natural feature;
(4)
No detached sign shall be closer than 25 feet to a residential lot line;
(5)
Signs parallel to and attached to a building shall not be set out more than 10 inches from the building;
(6)
Any sign that projects from a building over the public way shall be located at least eight feet above the ground.
J.
Design standards.
(1)
Sign area.
(a)
The area of signs composed of individual letters without a background shall include the area enclosed by a series of lines joined to form a perimeter bounding all parts of the display including all lettering logo, graphics and trademarks.
(b)
The area of an awning or canopy that includes lettering, logo, graphics and trademarks shall be included in calculations for allowed signage.
(2)
Lighting
(a)
No sign shall consist of strings of lights or contain blinking, flashing intermittent, rotating, glaring, moving lights or other attention-attracting devices;
(b)
Any illuminated sign shall employ only lights emitting a light of constant intensity.
(3)
Neon signs. Neon window signs may be permitted in cases where they are compatible with the building's use, historic and/or architectural character.
(4)
Signs and awnings should not materially obscure architectural features or details of buildings.
(5)
If more than one tenant is located in a building, individual signs for each will be allowed to be attached to the building as long as the total signage square footage for the development does not exceed the maximum signage for the district.
(6)
In commercial or industrial buildings or plazas with two or more occupants, a shared sign is required. Kiosk sign structures are encouraged to advertise for these multitenant buildings and plazas. Signage included on the kiosk shall follow the standards outlined in these regulations in terms of colors, lettering. etc.
(7)
No sign shall be movable or portable unless defined as a temporary sign.
K.
Maintenance of signs.
(1)
Every sign shall at all times be maintained in a safe and structurally sound condition. Signs that do not comply with adequate safety standards shall be removed at the property owner's expense.
(2)
Signs must be regularly maintained including the replacement of worn parts, painting and cleaning.
(3)
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced.
L.
Abandoned signs.
(1)
Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.
(2)
Abandoned signs are prohibited and shall be removed by the owner of the sign or owner of the premises.
M.
Removal of signs by the Town.[3]
(1)
The Building Inspector shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous or materially, electrically or structurally defective sign or a sign for which no permit has been issued.
(2)
The Building Inspector shall prepare a notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation is not corrected within 30 days, the sign shall be removed in accordance with the provisions of this subsection. All notices mailed by the Building Inspector shall be sent by certified mail, return receipt requested. Any time periods provided in this section shall be deemed to commence on the date of the mailing of the certified mail. The notice shall be mailed to the owner of the property on which the sign is located as the ownership as shown on the latest assessment roll for the Town. Any person having an interest in the property on which the sign is located may appeal the determination of the Building Inspector ordering removal or compliance by filing a written notice of appeal with the Zoning Board of Appeals within 30 days of the notice.
(3)
In cases of emergency, the Building Inspector may cause the immediate removal of a dangerous or defective sign without notice.
(4)
Any sign removed by the Building Inspector shall become the property of the Town and may be disposed of in any manner deemed appropriate by the town. The cost of removal of the sign by the Town shall be considered a debt owed to the Town by the owner of the property and/or sign and may be recovered in an appropriate court action by the Town or by assessment against the property. The cost of removal shall include any and all incidental expense incurred by the Town in connection with sign removal.
(a)
In cases of nuisance signs, which are clearly of a temporary and nonsubstantial value, including but not limited to paper, cloth, flags or cardboard signs affixed to telephone poles or stuck in the ground, the Building Inspector may remove such signs on the spot or direct the immediate removal of such signs without notice.
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 200-84 Stormwater management.
A.
Findings.
(1)
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;
(2)
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;
(3)
Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
(4)
Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation;
(5)
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
(6)
Substantial economic losses can result from these adverse impacts on the waters of the Town;
(7)
Stormwater runoff, soil erosion, and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
(8)
The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety; and
(9)
Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatibility with the natural functions of a particular site or an entire watershed and thereby mitigates the adverse effects of erosion and sedimentation from development.
B.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 200-84A. This section seeks to meet those purposes by achieving the following objectives:
(1)
Meet the requirements of minimum measures 4 and 5 of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No GP.02.02, or as amended or revised;
(2)
Require land development activities to conform to substantive requirements of the NYS DEC State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems, (MS4s), Permit No. GP-02-01, or as amended or revised;
(3)
Minimize increase in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
(4)
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
(5)
Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
(6)
Reduce stormwater runoff rates and volumes, soil erosion, and nonpoint source pollution, wherever possible, through stormwater management practices and ensure that these management practices are properly maintained and eliminate threats to public safety.
C.
General provisions.
(1)
Applicability. This section shall be applicable to all land development activities.
(2)
Exemptions. The following activities shall be exempt from review under this section:
(a)
Agricultural activity;
(b)
Silviculture activity, except that landing areas and log haul roads are subject to this section;
(c)
Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility;
(d)
Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer (SMO);
(e)
Any part of a subdivision if a plat for the subdivision has been approved on or before the effective date of this chapter;
(f)
Land development activities for which a building permit has been approved on or before the effective date of this chapter;
(g)
Cemetery graves;
(h)
Installation offence, sign, telephone and electric poles and other kind of posts or poles;
(i)
Emergency activity immediately necessary to protect life, property and natural resources;
(j)
Activities of an individual engaging in home gardening by growing flowers, vegetables or other plants primarily for use by that person and his or her family; and
(k)
Landscaping and horticultural activities in connection with an existing structure.
(3)
Conflict. Where the conditions imposed by any provision of this section are either more restrictive or less restrictive than the comparable conditions imposed by any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
D.
Procedure. The procedures applicable to all construction activities subject to review under this section are as follows:
(1)
The Town of Porter shall designate an SMO, who shall accept and review all stormwater pollution prevention plans (SWPPPs). The SMO may:
(a)
Review the SWPPPs;
(b)
Upon approval by the Town Board, engage the services of a registered professional engineer to review the SWPPPs, specifications and related documents at the cost not to exceed a fee schedule established by the Town Board; or
(c)
Accept the certification of a licensed professional that the SWPPPs comply with the requirements of this section.
(2)
For all development activities subject to review and approval by the Zoning Administrator, Planning Board, Town Board, or Board of Appeals of the Town of Porter under subdivision, site plan, automobile access area, or mobile home park regulations, the applicant or developer shall submit a SWPPP that complies with the requirements of this section to the SMO, and the land development activity shall be reviewed subject to the standards contained in this section.
(a)
Initial review by SMO. Within 45 days of receipt of a SWPPP, the SMO shall forward the SWPPP, together with his or her written recommendations to approve, approve with modifications, or disapprove the SWPPP, to such employee, officer, or board of the Town of Porter which is reviewing an application for approval of a land development activity requiring submission of a SWPPP. A recommendation of approval shall only be given if the SWPPP complies with the requirements of this section in making a recommendation to approve with modification or disapprove the SWPPP, the SMO shall state the reasons for the decision in writing.
(3)
Review by final reviewing body.
(a)
The employee, officer, or board of the Town of Porter reviewing the application for approval of a land development activity shall review the SWPPP and the recommendation of the SMO and shall act to approve with modifications or disapprove the SWPPP. Such reviewing body shall not act to approve the SWPPP unless it complies with the requirements of this section. If the reviewing body acts to approve with modification or disapprove the SWPPP, the reasons for the decision shall be stated in writing. In order to be approved, the applicant shall revise a SWPPP that has been approved with modifications or disapproved with the recommendations of the reviewing body and shall submit the revised SWPPP to such body for review.
(b)
For all land development activities not subject to review as provided in Subsection D(2) of this section, the applicant or developer shall be required to submit a SWPPP prepared in accordance with the standards contained in this section to the SMO. Within 45 days of the receipt of the SWPPP, the SMO shall approve, approve with modifications, or disapprove the SWPPP. Approval shall only be given if the SWPPP complies with the requirements of this section. In approving with modification or disapproving the SWPPP, the SMO shall state the reasons for the decision in writing. In order to be approved, the applicant shall revise a SWPPP that has been approved with modifications or disapproved with the recommendations of the SMO and shall submit the revised SWPPP to the SMO for review.
E.
Stormwater pollution prevention plans.
(1)
Contents of stormwater pollution prevention plans.
(a)
All SWPPPs shall provide the following background information and erosion and sediment controls:
[1]
Background information about the scope of the project, including location, type and size of project.
[2]
Site map/construction drawing(s) for the project, including a general location map. The site map shall be at a scale no smaller than one inch equals 100 feet. At a minimum, the site map should show the total site area, all improvements, areas of disturbance; areas that will not be disturbed, existing vegetation, on-site and adjacent off-site surface water(s), wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas, and location(s) of the stormwater discharge(s):
[3]
Description of the soil(s) present at the site;
[4]
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
[5]
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
[6]
Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practice to minimize exposure of the materials to stormwater, and spill prevention and response;
[7]
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project closeout;
[8]
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
[9]
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
[10]
Temporary practices that will be converted to permanent control measures;
[11]
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
[12]
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
[13]
Name(s) of the receiving water(s);
[14]
Delineation of SWPPP implementation responsibilities for each part of the site;
[15]
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
[16]
Any existing data that describes the stormwater runoff at the site.
(b)
Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in Subsection E(1)(c) below, as applicable:
[1]
Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the DEC's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
[2]
Condition B: Stormwater runoff from land development activities disturbing five or more acres.
[3]
Condition C: Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(c)
SWPPP requirements for Conditions A, B and C (postconstruction stormwater runoff controls):
[1]
All information in Subsection E(1)(a) of this section;
[2]
Description of each postconstruction stormwater management practice;
[3]
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;
[4]
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
[5]
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;
[6]
Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
[7]
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
[8]
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
[9]
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection G of this section.
(2)
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
(3)
Contractor certification.
(a)
Each contractor and subcontractor identified in the SWPPP who will be involved in oil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(b)
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(c)
The certification statement(s) shall become part of the SWPPP for the land development activity.
(4)
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
F.
Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:
(1)
Technical standards. For the purpose of this section, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section:
(a)
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
(b)
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
(2)
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection A and the SWPPP shall be prepared by a licensed professional.
(3)
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface water of the State of New York.
G.
Maintenance, inspection and repair of stormwater facilities.
(1)
Maintenance and inspection during construction.
(a)
The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(b)
For land development activities meeting Condition A, B or C in Subsection E(1)(b) of this section, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(2)
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Porter to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Porter.
(3)
Maintenance after construction. The owner or operator of permanent stormwater management practices, installed in accordance with this section, shall ensure they are operated and maintained to achieve the goals of this section. Proper operation and maintenance also includes, as a minimum, the following:
(a)
A preventive/corrective maintenance program for all critical facilities and system of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section.
(b)
Written procedures for operation and maintenance and training new maintenance personnel.
(c)
Discharges from the Stormwater management practices (SMPs) shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Subsection F of this section.
(d)
Maintenance agreements. The Town of Porter shall approve a formal maintenance agreement for stormwater management facilities bindings on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of the Sample Stormwater Control Facility Maintenance Agreement, contained in Appendix 1.[1] The Town of Porter, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
H.
Administration and enforcement.
(1)
Construction inspection.
(a)
Erosion and sediment control inspection.
[1]
The SMO may require such inspection as necessary to determine compliance with this section and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this section and SWPPP as approved. To obtain inspections, the applicant shall notify the Town enforcement official at least 48 hours before any of the following as required by the SMO:[2]
[a]
Start of construction;
[b]
Installation of sediment and erosion control measures;
[c]
Completion of site clearing;
[d]
Completion of rough grading;
[e]
Completion of final grading;
[f]
Close of the construction season;
[g]
Completion of final landscaping;
[h]
Successful establishment of landscaping in public areas.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the SMO.
(b)
Stormwater management practice inspections. The SMO is responsible for conducting inspections of SMPs. All applicants are required to submit as-built plans for any SMPs located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a licensed professional engineer.
(c)
Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical source of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspection may include, but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
(d)
Submission of reports. The SMO may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this section.
(e)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection H(1)(c) of this section.
(2)
Performance guarantee.
(a)
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Porter in its approval of the SWPPP the Town of Porter may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Porter as the beneficiary. The security shall be in an amount to be determined by the Board of Trustees based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Porter, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Porter. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
(b)
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer, or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Porter with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Porter may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
(c)
Recordkeeping. The Town of Porter may require entities subject to this section to maintain records demonstrating compliance with this section.
(3)
Enforcement and penalties.
(a)
Notice of violation. When the Town of Porter determines that a land development activity is not being carried out in accordance with the requirements of this section, he may issue a written notice of violation to the landowner. The notice of violation shall contain:
[1]
The name and address of the landowner, developer or applicant;
[2]
The address, when available, or a description of the building, structure or land upon which the violation is occurring;
[3]
A statement specifying the nature of the violation;
[4]
A description of the remedial measures necessary to bring the land development activity into compliance with this section and a time schedule for the completion of such remedial action;
[5]
A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
[6]
A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
(b)
Stop-work orders. The Town of Porter may issue a stop-work order for violations of this section. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violation leading to the stop-work order. The stop-work order shall be in effect until the Town of Porter confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this section.
(c)
Violations. Any land development activity that is commenced or is conducted contrary to this section, may be restrained by injunction or otherwise abated in a manner provided by law.[3]
[3]
Editor's Note: Original Subsection H(3)(d), Penalties, which followed this subsection, was repealed 11-12-2013 by L.L. No. 2-2013.
(d)
Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this section, the SMO may prevent the occupancy of said building or land.
(e)
Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Porter may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
(4)
Fees for service. The Town of Porter may require any person undertaking land development activities regulated by this section to pay a fee, as set by the Town Board from time to time, for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Porter or performed by a third party for the Town of Porter.
§ 200-85 Unsafe building repair or removal.
A.
Title and purpose. To allow the Town Board to direct that an inspection and report be undertaken by the Zoning/Code Enforcement Officer regarding the condition and need for repair and removal of any building(s) in commercial, industrial, and residential areas that, from any cause, may now be or shall hereafter become dangerous or unsafe to the public.
B.
Serving of notice.
(1)
Upon a report being made pursuant to Subsection A, written notice shall be served upon the owner or someone of the owner's executors, legal representative agents, lessees or any other person having a vested or contingent interest in same, either personally or by registered mail, addressed to the last known address, if any, as shown by the records of the receiver of taxes and or in the office of the County Clerk or County Register. If such service is made by registered mail, a copy of such notice shall be posted on the premises. The written notice shall contain a description of the premise, a statement of the particular in which the building or structure is unsafe or dangerous and an order requiring same to be made safe and secure or removed.
(2)
A copy of the notice given pursuant to Subsection B(1) herein shall be filed in the Office of the Niagara County Clerk, which notice shall be filed by the Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided in this subsection. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon consent of the Town Attorney. The County Clerk where such notice is filed shall mark such notice and any record or docket thereof as cancelled of record upon the presentation and filing of such consent or a certified copy of such order.
C.
Action by owner. Upon being served such notice, the owner or someone of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in same shall have 30 days within which to commence the securing or removal of the building or structures.
D.
Hearing. A hearing before the Town Board, notice of which and the time and place thereof to be specified in the notice to repair or demolish, shall be served upon the owner and such persons having an interest in the property or structure as herein prescribed, at which time such owner or persons may appear and be heard regarding the condition of such property or structure.
E.
Action by Town to remedy. The Town Board may direct that such building or structure be removed by the Town in the event such owner fails or refuses to repair or remove the same within the time provided.
F.
Cost and expense. All costs and expense incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure, shall be assessed against the land on which said buildings or structure are located.
§ 200-86 Anaerobic digestion facilities.
[Added 2-10-2014 by L.L. No. 1-2014]
A.
Purpose. Commercial, nonagricultural, anaerobic digestion facilities pose a potential threat to the health and safety of residents of the Town of Porter. Their potential for contamination of adjacent property and water supplies by leaking, discharging untreated effluent, and the transportation of materials used in operating such facilities on and over highways and roads in the Town of Porter constitutes a potential health hazard to the community. It is the purpose of this section to provide for the health, safety and general welfare of the residents of the Town of Porter by controlling the future use of anaerobic digestion facilities within the Town of Porter. The Town of Porter further recognizes that the properly regulated use of some forms of anaerobic digestion practices for agricultural purposes provides an ecologically and environmentally sound method for agricultural operations to dispose of, treat and/or reuse agricultural waste, such as livestock manure, farming wastes and food processing wastes and other waste generated from legitimate agricultural practices. These agricultural uses of stabilization ponds and other anaerobic digestion facilities are regulated by New York State Public Service Law, the New York State Agriculture and Markets Law and other laws, ordinances and regulations promoting agricultural activity.
B.
Definitions. For the purposes of this section, the following terms shall have the meanings set forth hereinafter:
ANAEROBIC DIGESTION FACILITY
Any facility which accepts manure, food waste, fats, oils, greases, sludges resulting from the treatment process at wastewater treatment plants (biosolids), energy crops, glycerin, silage and wastes from the production of ethanol and biodiesel for the purpose of treating such materials by process of anaerobic digestion for the purpose of producing biogas and digestate. A manure lagoon as defined in the Town of Porter Zoning Law for the treatment of only animal waste generated from farming activities is not included in this definition.
BIOGAS
Any gas produced from the anaerobic digestion process which is used for the production of electricity.
DIGESTATE
The liquid, solid or semisolid by-product of the anaerobic digestion process which may be used for fertilizer or other purposes.
PERSON
Any individual, public or private corporation, political subdivision, government agency, department, board or bureau of the state or federal government, municipality, industry, partnership, copartnership, association, firm, trust, estate, or any other legal entity.
C.
Prohibited acts. No person shall construct, create or cause to be constructed or created any anaerobic digestion facility within the Town of Porter other than those facilities defined and permitted by New York State Public Service Law § 66-J.
D.
Enforcement. A violation of this section shall be deemed an offense, and the person committing such an offense shall be subject to the enforcement provisions of Article X of the Town of Porter Zoning Law.