No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category stated below when measured at or within the property boundary of the receiving land use:

For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by five dB.

The minimum number of parking spaces stated in the table below shall be required in addition to one parking space for each company vehicle associated with commercial, business or light industrial use.

For uses not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board at the time of special permit and/or site plan review, as provided for in Articles V and VI, respectively, of this chapter.

In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant to the satisfaction of the Planning Board that staggered hours of use would permit reduction of this requirement.

Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed area available for parking, not to include a public street.

No parking area shall encroach within 15 feet of any public right-of-way. Open parking may, however, encroach on a required side or rear yard to within five feet of a property line, except that if parking associated with a nonresidential use is abutting a residential district, a minimum fifteen-foot separation shall be maintained.

In any residential district, required parking spaces shall be fully provided in the side or rear yard of the same lot and shall not encroach on any required front yards.

In all districts, each parking space provided shall be at least nine feet wide and 20 feet in length. Each space shall have direct and usable driveway access to a street and adequate maneuvering area between spaces in accordance with proper site engineering standards.

All parking areas shall be suitably drained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VI, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use.

With the exception of driveways for one- and two-family residences on minor subdivision streets, all off-street parking areas shall be designed to eliminate the need to back out onto the public street, road or highway.

At all times be maintained in a proper state of repair in full compliance with the New York State Uniform Fire Prevention and Building Code, electrical code and reasonable property maintenance standards.

Not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble official traffic signs, signals or devices.

Not project over property lines or be located within the public right-of-way.

Not rotate or otherwise move, nor shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights.

With the exception of temporary signs discussed in Subsection B herein, convey subject matter related exclusively to the premises on which the sign is located or to products, accommodations or activities on those premises.

Construction signs, limited to one unlighted sign not exceeding 32 square feet in surface area and identifying the parties involved in the construction on the premises where the sign is located, but not including the advertisement of any product. Such signs shall be removed immediately upon the issuance of a certificate of occupancy and the initiation of the intended use.

Event signs, not exceeding 24 square feet in surface area, displayed on private property and limited to one such event sign per event, per each premises, announcing a campaign, drive or event of a political, civic, philanthropic, educational or religious organization, to be removed within a period of 10 days after the event.

For permitted home occupations, a single sign not exceeding eight square feet in total surface area and identifying the occupation conducted on the premises. Unless attached to the principal structure, no such sign shall be located closer than 10 feet to the front property line, nor closer than 20 feet to any other property line.

For nonresidential uses within the H, R, and RR Districts, a single wall sign not exceeding 24 square feet in total surface area, except as otherwise stated by this chapter and identifying only the name of the establishment and its principal service or purpose.

For nonresidential uses within the CLI District, a single freestanding pole-mounted sign not exceeding 48 square feet, or wall sign not exceeding 48 square feet, or freestanding ground-mounted sign not exceeding 32 square feet in total surface area and identifying only the name of the establishment and its principal service or purpose. If freestanding and pole-mounted, such sign shall not exceed 18 feet in height above the finished grade nor be located closer than 15 feet to any property line or roadway edge. If freestanding and ground-mounted, such sign shall not exceed 10 feet in height above the finished grade nor be located closer than 15 feet to any property line or roadway edge.

Additionally, businesses and public destinations relating to, but isolated from, primary routes of travel to be permitted a maximum of two directional signs as a special permit use subject to the provisions of Article V, the issuance of a sign permit and the following additional requirements:

Signs shall not be mounted on roofs or extend above the roofline unless they are mounted on the face parapet wall which extends above the roof line, in which case it cannot extend above the top of the parapet.

No exterior sign shall be illuminated between the hours of 10:00 p.m. and 6:00 a.m. unless the premises on which it is located is open for business.

Any sign not in use shall be removed within six months after cessation of business.

Businesses located in corner buildings are permitted to have one sign for each street frontage.

Businesses with service entrances may identify such entrances with one sign that does not exceed two square feet.

In addition to other allowed signs, one sandwich sign per business is allowed. The sandwich sign shall not exceed 10 square feet, but can be made of wood, chalkboard or finished metal, have handwritten or painted letters, and must be located on the business property or within four feet of the main entrance to the business. Such signs shall not interfere with pedestrian circulation and must be removed at the close of business each day.

One freestanding, pole, or non-pole sign per parcel is allowed. Each business located within the parcel may have one additional sign that is building mounted only.

Memorial or historical signs, names of buildings, and dates of erections when cut or cast into any masonry, bronze, stainless steel or similar permanent material.

Traffic or other municipal signs.

Legal notices or such temporary, emergency, or nonadvertising signs.

A farm produce sign not exceeding six square feet.

Temporary, nonilluminated off-premises directorial signs for the convenience of the general public not exceeding two square feet in area.

Signs or bulletin boards customarily incidental to places of worship, libraries or museums, erected on the premises for purposes of displaying temporary public information notices, not exceeding 15 square feet in area.

No sign shall be erected without site plan approval from the Planning Board and a permit from the Zoning Enforcement Officer. An application to erect a sign shall be made to the Planning Board and shall include:

The Planning Board will accept a hand-drawn illustration of the sign to convey the above information. Upon approval of the sign site plan review, the Zoning Enforcement Officer shall issue a sign permit.

To conserve open land, including those areas containing unique and sensitive natural features such as steep slopes, streams, floodplains, and wetlands, by setting them aside from development.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads and the amount of paving required.

To provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups.

To conserve a variety of resources lands as established in the Town of Stockport Comprehensive Plan.

To protect agricultural areas by conserving blocks of land large enough for continued agricultural operations.

To create neighborhoods with direct visual or physical access to open land and that have strong neighborhood identity that is consistent with the rural character of Stockport.

To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties.

To conserve elements of the Town's rural character, and to minimize views of new development from existing roads.

Permitted accessory and special permit uses. Permitted accessory and special permit uses within a cluster/conservation subdivision shall be the same as those otherwise allowed in the zoning district in which the development is located.

Density. The permitted number of dwelling units shall not exceed the number of units that would be permitted if the land were subdivided into lots conforming to a conventional subdivision that meets the minimum lot size and bulk requirements of the Town of Stockport Zoning applicable to the district or districts in which such land is situated and conforming to all other requirements of the Town of Stockport Zoning. The maximum permitted number of dwelling units shall be determined as per the use regulations for the district in which the development is located as established in this chapter.

Unit mix. The clustered or conservation subdivision design may include a mix of single-family and multifamily dwellings as a means of achieving housing diversity and preserving open space if such multifamily dwellings are allowed in the district. The number of multifamily units shall be limited to not more than 1/3 of the total number of dwelling units. Multifamily structures shall not exceed five units each. Single-wide mobile homes shall not be permitted within any residential cluster development as governed by this section.

Will not be detrimental to the health, safety or general welfare of persons residing in the vicinity, or injurious to property or improvements in close proximity;

Creates a residential environment that is in conformity with the objectives of this chapter and of the Town of Stockport Comprehensive Plan;

Would be similar in scale, size, and layout with adjacent residential developments, if any exist, and where providing a diversity of architectural styles of housing, would benefit the Town; and

Guarantees permanent retention of open space areas and ensures the care and maintenance of same.

Preserved open space may be included as a portion of one or more large lots, or may be on a separate open space lot. Such open space may be owned by a homeowner's association, private landowner(s), or a nonprofit organization, provided it is protected from development by a conservation easement or deed restriction. When a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility. A plan for landscaping and other development of the common open space area shall be reviewed and approved by the Planning Board.

Uses for open space. The Planning Board may approve uses for open space within a clustered/conservation subdivision, and these uses will be clearly indicated on the final map. The following are permitted uses for preserved open space areas:

A mechanism for the long-term ownership and maintenance of common open space shall be provided, subject to the approval of the Town Planning Board during the subdivision review process. Similar provision shall be made for the long-term ownership and maintenance of roadways, drainageways, utilities and other improvements within the cluster development.

Where an application seeks both subdivision and site plan approval, the project shall be considered in its entirety and incentives shall not be granted separately for both approvals.

Incentives shall be granted only when the community benefits or amenities offered would not otherwise be required or likely to result from the applicable planning process before the Planning Board.

Such benefits shall be in addition to any items that are or would be required under other provisions of this chapter or state law, including any mitigation measures required pursuant to the State Environmental Quality Review Act.

Public access to open space.

Median-priced housing.

Authorization of zoning incentives is subject to the approval by the Planning Board prior to the grant of preliminary plat or preliminary site plan approval. Applicants may seek nonbinding input from the Planning Board as to whether the proposal is worthy of consideration prior to the preliminary plat or site plan application. The Planning Board may schedule a workshop to discuss the incentive application with the applicant. The intent of the workshop is to share information between the applicant, the Planning Board and interested members of the public. The workshop will not supplant the formal hearing which will be conducted by the Planning Board later in the review process.

Community benefits may be accomplished by, but not limited to, the following,:

Applications for incentives in exchange for amenities shall be submitted to the Planning Board. In order to evaluate the adequacy of amenities to be accepted in exchange for the requested incentive, the following information shall be given by the applicant:

Should the Planning Board decide to recommend issuance of an incentive, the application shall be forwarded to the Town Board for an advisory opinion within 45 days of receipt of the application for an incentive. The Planning Board's referral to the Town Board shall include a report with the following information:

The Town Board shall review the incentive application and make an advisory opinion within 30 days after receipt and in writing to the Planning Board as to whether the incentive should be accepted. The public shall be allowed to present written and/or oral comments to the Town Board. The Town Board's report and the application will then be transferred back to the Planning Board for its final decision on the application. Suggested modifications to the proposal may also be provided by the Town Board.

If, after receiving the advisory report from the Town Board on the application, the Planning Board decides to further consider the proposal, a public hearing shall be held. At least five days' notice (14 days if a draft environmental impact statement or supplemental environmental impact statement was required) of the time and place of the hearing will be published in an official newspaper of the Town.

The Planning Board may engage a consultant to assist in review of the application, the cost of which will be borne by the applicant.

Compliance with SEQRA. All applicable requirements of the State Environmental Quality Review Act shall be complied with as part of the review and hearing process.

The Planning Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required, and may refer the proposal to other boards and officials in the Town for review and comment.

Within 45 days of the close of the public hearing and upon completion of the SEQRA process, the Planning Board will approve, approve with modifications or conditions, or deny the proposed incentive zoning application. A written statement of the findings will be prepared by the Planning Board documenting the basis of its decision. The findings will include, but not be limited, to the following:

The Planning Board may impose conditions on a project to ensure that the above findings are ensured through the subsequent plan review and construction phases of the project.

In no circumstances shall the Planning Board be compelled to approve any amenity/incentive proposal and it may deny any such proposal in its sole discretion.

Upon approval, the Planning Board is authorized to act on the application for preliminary and final approval pursuant to Chapter 105, Subdivision of Land, and or Article VI, Site Plan Review, of this chapter.

Purpose. It is the express purpose of this section to provide special qualitative and quantitative development controls for all lands located within the Town that have steep slopes and ridgelines. These special development controls are provided in recognition of the potentially negative impacts of construction in steep slope areas in the form of erosion, siltation, excessive removal of vegetation and soil, flooding, soil slippage, water runoff, and destruction of unique land forms. These areas also often have scenic vistas and requirements of the Scenic Overlay District may also apply. It is further the purpose of this section to encourage good land use planning and design, maximize optimal use of the natural terrain and maintain ridgelines and scenic vistas intact.

Applicability. The requirements under this section shall be applicable to all properties within all zone districts situated in the Town where said properties have a slope area of 10% or greater, and the ridgeline requirements shall apply where said properties are within 100 feet of a ridgeline. Limitations of this section are not applicable for isolated steep slopes with an area of 400 square feet or less. Further, all land development activities subject to review and approval by the Town Planning Board of the Town of Stockport under subdivision, site plan, and/or special permit regulations resulting in a disturbance of greater than one acre shall be reviewed subject to the standards contained in this chapter.

Exemptions. The following activities may be exempt from review under this chapter:

Performance and design criteria for stormwater management and erosion and sediment control. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this chapter. All land development activities shall be subject to the following performance and design criteria:

All SWPPPs shall provide the following background information and erosion and sediment controls in order to show that land development activity(ies) shall not cause an increase in erosion that will cause turbidity of streams, lakes, wetlands, or ponds that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

When more than five acres of land are disturbed, the following information is required in the SWPP:

Lot grading/driveway/drainage plans. For all lots with proposed disturbance of a steep slope area, a lot grading/driveway/drainage plan shall be approved by the Town Engineer prior to the issuance of a building permit. Said plan shall include, but not be limited to, existing and proposed contours, limits of soil disturbance, construction details, soil erosion, sedimentation control measures and drainage calculations and, where required by the Town Engineer, stormwater control measures. The design standards for lot grading plans shall be pursuant to the following standards:

Maintenance and repair of stormwater facilities.

Maintenance easement(s) and agreements. 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 Stockport to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the Town Attorney for the Town of Stockport. The Town of Stockport, 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 chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section shall operate and maintain the stormwater management practices (SMP) to achieve the goals of this section. Proper operation and maintenance also includes, as a minimum, the following:

Inspection of stormwater facilities after project completion. 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 of Stockport the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. 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 sources 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. Inspections 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 practice.

Submission of reports. The Town of Stockport Code Enforcement Officer may require monitoring and reporting from entities subject to this chapter as are necessary to determine compliance with this chapter.

Performance guarantee.

All residential and commercial development is prohibited on slopes greater than 15%.

Applicability; review of plans; compliance. The requirements, guidelines and controls promulgated under this section shall be applicable to site plan and subdivision applications and building permits for new buildings. The Planning Board shall review all plans submitted under this section as part of any application for site plan or subdivision approval. The Code Enforcement Officer shall refer applications for building permits for new buildings to the Town Engineer for review to assure compliance with this section.

Applicants shall determine whether a ridgeline, as defined in this chapter, is within 100 feet of the property which is the subject of the application. The determination of the presence of the ridgeline shall be done on a map provided by the applicant with topography depicted at two-foot contour intervals.

Applicants for construction on properties to which this section applies shall demonstrate to the Planning Board or the Town Engineer, as the case may be, that the proposed buildings or structures will not extend above the predominant treeline. No structure that is the subject of this section shall be located closer than 60 feet to the ridgeline, as determined by the Town Engineer, unless, in the Town Engineer's opinion, such requirements would render an existing lot unusable. There shall be no disturbance within this sixty-foot area except for access.

Development should be sited behind and below visual barriers such as trees, ridgelines and other topographic features. The height and location of development shall not alter the views of, and from, the natural ridgeline.

All stormwater drainage and erosion control plans that include ridgeline areas shall meet the following standards, including but not limited to:

All accessory buildings or structures shall meet all side and rear setbacks.

No mobile home or other portable structure or building shall be used as an accessory building or structure except when used incidentally to and temporarily for construction operations of a principal use; said buildings shall be removed prior to the occupancy of the principal use. However, lawn equipment storage buildings not exceeding 144 square feet in area are permitted if they also conform with the requirements of Subsection A(10).

Any accessory structure which is attached to a principal building shall be considered as a part of the principal building and shall be subject to all regulations governing the location of principal buildings.

Private outdoor in-ground or aboveground swimming pool, whirlpool or hot tub, not less than 20 feet from the side or rear lot line, except in the Hamlet (H) District, where the less-restrictive setbacks of 10 feet shall apply, and fully consistent with the provisions of § 120-33.

No such structure shall exceed 20 feet in height in any residential district.

No such structure shall be set back less than 10 feet from any lot line nor less than 10 feet from the principal building, except in the Hamlet (H) District, where the less-restrictive rear setback of five feet shall apply, and fully consistent with the provisions of § 120-20.1E.

All such structures in the aggregate shall not occupy more than 30% of any required yard.

No such structure shall project closer to the fronting street than the principal building on the lot.

Not more than three such accessory structures, other than a permitted sign or agricultural buildings, of which no more than one shall be a private garage, shall be permitted on an individual lot in a residential district. In the event that the lot exceeds two acres, additional accessory structures may be sited if a special use permit is granted in accordance with Article V.

A single portable accessory structure with a maximum floor area of 144 square feet may be installed or constructed and utilized without the issuance of a building permit or certificate of occupancy, provided that: