Town Of Eden City Zoning Code
ARTICLE VI
Regulations Applicable to All Districts
§ 225-25 Yards.
A.
Accessory buildings.
(1)
An accessory building may be located in any required side or rear yard, provided that:
(2)
Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.
(3)
An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.
(4)
Distance to street line; private garages. No accessory building shall project more than two feet nearer to the street line than the principal building on the same lot. On corner lots, the applicable street line shall refer to the street line upon which the principal building fronts. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of private garages, the Planning Board may approve the erection of such private garages under the following conditions:
(a)
If the natural slope is from 10% to 20% within 25 feet of the street line, the Board may permit a private garage not closer than 20 feet to the street line; and where such slope exceeds 20%, a private garage may be permitted not closer than 10 feet to the street line.
(b)
Notwithstanding the foregoing, on lots which are a minimum of five acres and which are located in either the Agriculture Priority (AP), Parkland (PK) or Rural Residential (RR) District, an accessory building may project more than two feet nearer the street line than the principal building on the same lot, provided that applicable setback requirements and other bulk requirements of the district are not violated.
(5)
Storage of more than one unlicensed vehicle is prohibited in any district in which dwellings are permitted, except in enclosed structures complying with these regulations.
B.
Corner lots.
(1)
Obstruction to vision at street intersections. At all street intersections in all districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
(2)
Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others side yards.
C.
Exceptions to yard requirements.
(1)
Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over six feet in height may be erected anywhere on the lot, except as set forth in Subsection B. Fences or walls with a height in excess of six feet shall conform to the requirements set forth herein for buildings. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or five feet of a property line.
(2)
Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.
(3)
Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the existing dwellings within 200 feet of each side of said proposed dwelling.
(4)
Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard setback shall be measured from the center line of the existing street, and 25 feet shall be added to the front yard setback.
D.
Uniformity of design. In order to avoid monotony of architectural design, no building permit shall be issued for the erection of a home if it is substantially like any neighboring building which is existing or for which a building permit has been issued or is being concurrently considered.
(1)
A building shall be considered neighboring if it fronts on the same street as the building being considered and which is the first or second lot along the street in either direction or which faces the building site being considered from across the street.
(2)
In considering those items listed in Subsection D(3), buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end to end or side to side reversal shall be deemed to be alike in related location of such elements.
(3)
Buildings shall be considered substantially alike unless they differ in at least four of the following respects or dimensions:
(a)
Setback from the street.
(b)
Relation of a garage visible from the street to the main structure.
(c)
Length of the main roof ridge.
(d)
Height of the roof ridge above the first floor elevation.
(e)
Width, measured perpendicular to main roof ridge, if the building has a gable extending from the main roof visible from the street.
(f)
Relationship to each other of either windows, doors, chimneys or any porch in the front elevation.
§ 225-26 Nonresidential buildings.
A.
Height regulations. Structures such as chimneys, flues, towers and spires may exceed the height limitations of Article IV, provided that in the aggregate they occupy not more than 20% of the roof area and that the total height is not more than 50% higher than the average building height.
B.
Waiver of yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.
C.
Courts. The minimum dimension of an inner court shall not be less than twice the height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. (The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.) The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.
§ 225-27 Parking and loading.
A.
Off-street parking requirements. Off-street parking spaces, open or enclosed, are permitted as accessory to any use, subject to the following provisions:
(1)
Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified the table below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.
Use | Minimum Off-Street Spaces |
|---|---|
Dwelling unit | 2 spaces per unit with turnaround area/space (mandatory turnarounds on Route 62 and 75, East Eden Road, Jennings Road, East and West Church Street) |
Outdoor recreation areas | 1 space/5 people (no fewer than 4/acre) |
Boat docks, marinas and clubhouses | 1 space/3 persons (where seating provided) |
Boat ramps | 1 space/member |
Golf courses and clubs | 10 spaces/tee |
Skiing areas | 1 space/10 persons of lift capacity |
Annual membership clubs | 1 space/100 SF floor area (principal or accessory structure, not parking) or 1 space/15 members |
Farm stands | 1 space/5 feet front wall or 300 square feet (whichever is greater) |
Vacation campgrounds | 1 space/unimproved campsite or 1 space/2 improved campsites |
Cemeteries | 50 spaces |
Summer colonies | 1 space/on-site employee |
Home occupation/resident professional office | 3 spaces in addition to number required for dwelling unit or as determined by Board (accommodations for all patrons except 10 highest hours each year) |
1 space/member | |
1 space/member | |
1 space/member | |
1 space/member |
(2)
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on that portion of a corner lot which is subject to the provisions of § 225-25B(1).
(3)
Size of spaces. Parking spaces and loading areas shall be arranged, marked and maintained as shown on the site plan approved by the Planning Board so as to provide for orderly and safe parking and loading of vehicles and to provide unobstructed access to the building or structure. Entrance and exit lanes shall not be computed as parking space except for driveways for one-family and two-family residences as set forth in Subsection A(2). Minimum parking stall width shall be 10 feet, and minimum length shall be 20 feet.
(4)
Access. Unobstructed access to and from a street with internal turnaround area shall be provided. Such access shall consist of at least two ten-foot lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area of five or more spaces shall be located within 75 feet of any street intersection.
(5)
Drainage and surfacing. All open parking spaces shall be properly drained, and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family residence.
(6)
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not fewer than the total required for all such establishments.
(7)
Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses are not in operation, the Planning Board may reduce the total parking spaces required for that use to the least requirement.
(8)
Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within 200 feet of walking distance of such lot. In all cases such parking spaces shall conform to all the regulations of the district in which the parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory is permitted in such residence district, or upon approval by the Planning Board. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Planning Board, binding the owner and his or her heirs and assigns to maintain the required number of spaces available either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere.
(9)
Lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to the entire lot. Parking spaces on such lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district, or upon approval by the Planning Board.
(10)
Garage and off-street parking facilities. Where one or more motor or other vehicles recurrently park by reason of the use and occupancy of any premises, there shall be provided and satisfactorily maintained thereon adequate garage or vehicular parking space for the number and in proportion to the size of the vehicles which so park, the minimum to be not less than 200 square feet per automobile in addition to 24 feet of driveway and backing and turning out space.
B.
Off-street loading berths. Off-street loading berths, open or enclosed, are permitted as set forth in the table below, subject to the following:
(1)
Location and access. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection B(2). No entrance or exit for any off-street loading area shall be located within 75 feet of any street intersection. No off-street loading berth shall be located in any front yard.
(2)
Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be fewer than the aggregate of all such requirements.
(3)
Lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to the entire lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district, or upon approval by the Planning Board.
(4)
Design. Where required by these regulations, off-street loading berths shall be provided consisting of 12 feet by 44 feet of loading space and 12 feet in height, with sufficient turning and backing areas. Berths shall be provided with a dustless surface and shall be screened in a manner precluding view from any public street or residential area. ("Residential area" shall mean land zoned for residential use or actually in residential use.) No berth shall occupy any required yard.
(5)
Minimum loading berths: one space per 10,000 SF building/structure.
C.
Parking regulations in multiple-dwelling developments. Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard or within 10 feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of two- or more family dwellings, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight feet above the level of said parking space. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot. Parking areas shall be screened by a substantial wall, fence or thick hedge approved by the Planning Board. Generally such screening shall not be less than three feet nor more than eight feet in height.
D.
Regulations for parking spaces adjacent to lots in any residence district.
(1)
Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot lines of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge approved by the Planning Board. Generally such screen shall be not less than five feet nor more than eight feet in height.
(2)
Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence approved by the Planning Board located along a line drawn parallel to the street and a distance of five feet therefrom; such screening to be interrupted only at points of ingress and egress. Generally no such screening shall be less than three feet nor more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.
E.
Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited, except residential, in the district in which such driveway is located.
F.
Commercial vehicles.
(1)
One commercial vehicle not exceeding 20 feet in length may be parked on an occupied lot in any Residence SR or HR District, but not within the required front yard of such lot and in no case between the street line and the principal building.
(2)
One commercial vehicle exceeding 20 feet in length may be parked within a private garage in any residence district.
(3)
Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district.
G.
Trailers and boats.
(1)
The storage or parking and use of a trailer by any person or persons is hereby prohibited in all districts, except that:
(a)
One trailer not over 35 feet in length may be stored, but not used for any purpose, on an occupied lot in any residential district, provided that such trailer is not stored within any required front yard nor between the street line and the principal building.
(b)
Where a building permit has been issued for the construction or alteration of a building, the Building and Zoning Inspector may issue a temporary permit for one trailer for a period not to exceed six months. Said temporary permit may be extended for one additional period of six months if the Building and Zoning Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit by the Building and Zoning Inspector, the location of said trailer on the lot shall be subject to Planning Board approval. Said Board may attach to its approval whatever conditions are deemed necessary to carry out the intent of this chapter.
(2)
Boats may be stored on any occupied lot in any residence district, provided that such boats are not stored within any required front yard nor between the street line and the principal building.
§ 225-28 Performance standards; prohibited uses.
A.
Every use subject to performance standards shall conform to the restrictions set forth in the applicable federal, state or county codes, regulations, statutes and laws.
B.
Prohibited uses in all districts. The following uses are deemed undesirable, out of character with the community and incompatible and represent real hazards to the public health, welfare and safety so as to be prohibited in all districts in the Town of Eden:
(1)
Manufacturing uses involving primary production of the following products from raw materials:
(a)
Asphalt, cement, charcoal and fuel briquettes.
(b)
Chemicals, analine dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen, oxygen, industrial alcohol nitrates, potash, plastic materials and synthetic resins, pyroxylin, rayon yard and hydrochloric, nitric, phosphoric, picric and sulfuric acids.
(c)
Coal, coke and tar products, including gas manufacturing, explosives, fertilizers, gelatin, glue and size, animal.
(d)
Linoleum and oilcloth, matches, paints, varnishes and turpentine.
(e)
Rubber (natural and synthetic), soaps, including fat rendering, and starch.
(2)
The following processes: nitrating of cotton or other materials; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naptha and lubricating oil; distillation of wood or bones; and reduction and processing of wood pulp and fiber, including paper mill operations.
(3)
Operations of stockyards and slaughterhouses, having an excess of 100 processed carcasses or live animals to be processed at any time, and slag piles.
(4)
Storage of explosives, except under license from the State of New York and in a manner and place conforming to the laws of the State of New York and the American Table of Distances, and provided that no more than 50,000 pounds is stored in any one magazine.
(5)
Bulk or wholesale storage of gasoline above ground.
(6)
Dumps and junkyards, except those established as an official Town dump.
(7)
Incineration of waste materials, except in a plant owned and operated by the Town as a principal use.
(8)
Disposal of septic or sewage wastes.
§ 225-29 Signage.
Except where a site plan waiver may be issued pursuant to Subsection E, in all cases where this chapter requires approval of site plans, as cited in Article IV, no building permit shall be issued by the Building and Zoning Inspector except upon authorization of and in conformity with the plans approved by the Planning Board.
A.
Objectives. In considering and acting upon site plans, the Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the proposed development and of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(1)
Traffic access. All proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking. Adequate off-street parking and loading spaces are provided to prevent parking on public streets of vehicles of any persons connected with or visiting the use and the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening. All playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter measured three feet above the base of the trunk shall be retained to the maximum extent possible.
(4)
Preservation of significant natural features. The design and layout of the site shall take into consideration important natural features as identified in the Town of Eden's Natural Resource Inventory, Open Space Index or Comprehensive Plan. Efforts should be made to preserve these significant features to the greatest extent feasible.
B.
Effect of site plan approval.
(1)
No building permit shall be issued for any structure covered by this section until an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building and Zoning Inspector.
(2)
No certificate of occupancy will be issued for any structure or use of land covered by this section unless the structure is completed or the land is developed or used in accordance with an approved site plan or approved amendment of any such plan.
C.
Procedure.
(1)
Presubmission conference. Prior to the submission of a site plan, the applicant shall meet in person with the Planning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site plan elements listed in Subsection D shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(2)
Within six months following the presubmission conference, the site plan and application materials, together with the required fee from the Standard Schedule of Fees of the Town of Eden, shall be submitted to the Secretary of the Planning Board in triplicate and copies of all materials sent to the Building and Zoning Inspector and Board's consultants, if any. Materials must be submitted in proper form at least 15 days prior to the Board meeting at which the plan is to be reviewed.
(3)
The Building and Zoning Inspector and Board's consultants, if any, shall report to the Planning Board whether the plan meets the requirements of all zoning law provisions and make recommendations for modifications to the plan in order that the plan or amendment thereof shall be consistent with these regulations.
(4)
The Planning Board may, on its own motion, have alternative site plans or parking studies prepared where the proposed plan does not meet the requirements or standards of these regulations, provided that the applicant is advised in advance of the Board's decision and the attendant costs involved and agrees to reimburse the Town for said costs. The Planning Board may retain the services of independent consultants or specialists to review the plans or studies. Any expenses incurred in such review of plans and studies shall be fully assignable to the applicant prior to final approval of the site plan.
(5)
Public hearing for site plan approval may be required by the Planning Board at its discretion. On receipt of such documents in proper form, the Planning Board shall fix the date for a public hearing on the proposed use. The applicant shall send notice of the public hearing stating the date, place and substance of the hearing to all owners of property abutting the proposed use and directly across any adjoining street, as the names of said owners appear on the last complete assessment roll of the Town. Such notice shall be sent by mail, return receipt requested, and a list of the owners to whom notice has been sent, together with certified mail receipts, shall be filed with the Planning Board at least 10 days prior to the date of public hearing. Not less than 10 days prior to the public hearing, notice of the same shall be published at the expense of the applicant in the official newspaper.
(6)
The Board shall act to approve or disapprove any such site plan within 62 days after the public hearing or, if no hearing is held, within 62 days after the day the application is received. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Failure of the Board to act within this time limit shall be deemed approval. Disapproval shall include written findings upon any site plan element found contrary to the provisions or intent of this chapter.
(7)
Amendments to a site plan shall be acted upon in the same manner as the approval of the original plan.
(8)
Waiver of required information. Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provision of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent and purpose of the site plan submission, Comprehensive Plan or this chapter.
(9)
Application for building permit. Within one year of the date of site approval by the Planning Board, the applicant shall apply for a building permit or the approval of the site plan shall expire. However, the Town Board may extend the time for application for a building permit, if in its opinion such action is warranted by the particular circumstances thereof, for a period not to exceed one additional year.
(10)
Unless work is commenced and diligently prosecuted within one year, or such time expressly stated by the Planning Board at the date of granting approval, said approval shall become null and void.
(11)
The Planning Board may require, as a condition of approval, that a performance bond or maintenance bond, or both, be posted with the Town in a manner set forth in Chapter 184, Subdivision of Land, for subdivisions to guarantee the installation of key site improvements and the upkeep of landscaping, screening and safety devices and to ensure the general cleanliness and proper housekeeping of the grounds and environs of the area approved pursuant to these regulations. Such performance bonds shall be for a period not to exceed two years from the date of the building permit, nor may maintenance bonds exceed a period of three years from the date of the certificate of occupancy of the completed site plan.
D.
Site plan elements. The applicant shall cause a site plan map to be prepared by a civil engineer, surveyor, landscape architect, architect or other competent person. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Board in the presubmission conference:
(1)
Legal data.
(a)
Section, plate, block and lot number of the property taken from the latest tax records.
(b)
Name and address of the owner of record.
(c)
Name and address of person, firm or organization preparing the map.
(d)
Date, North point and written and graphic scale.
(e)
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f)
The locations, names and existing widths of adjacent streets and curblines.
(g)
The locations and owners of all adjoining lands as shown on the latest tax records.
(h)
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i)
A complete outline of existing deed restrictions or covenants applying to the property.
(j)
Existing zoning, school and special district boundaries.
(2)
Natural features.
(a)
Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Board.
(b)
Approximate boundaries of any areas subject to flooding or stormwater overflows, based on any existing floodplain maps, drainage or soil studies.
(c)
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk and other significant existing features.
(d)
All features or resources identified as significant in the Town of Eden's Natural Resource Inventory, Open Space Index or Comprehensive Plan.
(3)
Existing structures and utilities.
(a)
Location of uses and outlines of structures drawn to scale and within 100 feet of the lot line.
(b)
Paved areas, sidewalks and vehicular access between the site and public streets.
(c)
Locations, dimensions, grades and flow direction of existing sewers, culverts and water lines as well as other underground and aboveground utilities within and adjacent to the property and railroad and transmission lines.
(d)
Other existing development, including fences, landscaping and screening.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements, including streets, utilities, etc.
(b)
The location and design of all uses not requiring structures, such as off-street parking and loading areas.
(c)
The location, direction, power and time of use for any proposed outdoor lighting or public address systems.
(d)
The location and plans for any outdoor signs.
(e)
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas, and profiles indicating grading and cross-sections showing width of roadway, location and width of sidewalks and location and size of water lines and sewer lines.
(f)
Any proposed grading, screening and other landscaping, including types and locations of proposed street trees.
(g)
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment.
(h)
An outline of any proposed easements, deed restrictions, covenants or dedications.
(i)
Any contemplated public improvements on or adjoining the property.
(j)
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(5)
Any other information deemed by the Board necessary to determine conformity of the site plan with the intent and regulations of this chapter.
(6)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 177, Article II, shall be required for site plan approval for land development activities within the RMS4 Overlay District. The SWPPP shall meet the performance and design criteria and standards in Chapter 177, Article II, of the Town of Eden Code. The approved site plan shall be consistent with the provisions of Chapter 177, Article II, of the Town of Eden Code.
E.
Site plan waiver.
(1)
A site plan waiver may be issued if a proposed project is minor in nature to the extent that a full site plan review may not be necessary. In such case, if an existing previously approved site plan is on file with the Town and the modifications are deemed minor by the Site Plan Waiver Committee, consisting of the department heads of the Building Department, Engineering Department and Planning Board Chairman, a site plan waiver may be issued upon payment of the required fee. Once the site plan waiver is approved, the applicant may apply for a building permit.
(2)
In general, a site plan waiver may be issued for a project that has met one or more following criteria (at the discretion of the Site Plan Waiver Committee):
(a)
Additions of less than 1,000 square feet or which represent less than 10% of the existing structure, where no variances are needed for construction.
(b)
Accessory buildings or additions that are not visible from the road or adjoining residential uses.
(c)
A minor change in use that does not require additional parking.
(d)
Such other minor changes as determined by the Site Plan Waiver Committee.
(3)
In all cases, an existing site plan shall be on file with the Town and the site shall be in general conformance with previously approved site plans, as applicable. Furthermore, the site plan waiver may include conditions that must be met for the issuance of the building permit.
(4)
In certain cases, the preparation of a site plan application may be deemed necessary to meet the requirements of a site plan waiver process. It may be determined that the proposed project needs formal site plan approval from the Planning Board.
(5)
Determinations and approval conditions for a site plan waiver may only be appealed by the applicant by appearing before the Planning Board under a formal site plan application. Approval of any site plan waiver shall remain in effect for a period of not more than one year, unless a successful application for a building permit has been made within that period.
§ 225-30 Site plan review.
The use of living plant material as an adjunct to all uses subject to these regulations shall be mandatory. Landscape materials shall be utilized in a positive manner in all developments for architectural elements, space articulation, screening, privacy control, erosion control, acoustical control, atmospheric purification, traffic control, glare and reflection control, solar radiation control, wind control, precipitation control and temperature control.
A.
Land area restricted from development coverage by Article IV shall be preserved in natural landscape or shall be reestablished to the following general standard: one deciduous or evergreen tree of 2 1/2 inches in caliper per 2,000 square feet of area.
B.
Developed area shall be landscaped to the following general standard: one deciduous or evergreen tree per 5,000 square feet of area and one low-planting species per 10 linear feet of parcel perimeter.
C.
Erosion and sedimentation controls shall be in accordance with the most recent edition of the New York State Standards and Specifications or Erosion and Sediment Control and shall be the minimum requirements.
D.
For uses requiring site plan review, the construction value of which exceeds $15,000, a detailed landscaping plan shall be prepared by a licensed landscape architect or other professional licensed by the State of New York Education Department to prepare landscape plans.
E.
The use of plants and other vegetation native to New York and suitable for the USDA Hardiness Zone for the Town of Eden shall be required where landscaping is proposed on a site; exotic or invasive species shall not be permitted. Species shall be identified by both common and botanical names, and the quality of plant materials used shall be consistent with American Standards for Nursery Stock published by the American Association of Nurserymen, Inc., Washington, D.C. Unless otherwise approved by the Planning Board or the Code Enforcement Officer, the landscaping plan shall be prepared by a NY licensed landscape architect who affixes his seal or registration number to the plan and signs it.
§ 225-31 Landscaping and environmental control.
Sandpits, gravel pits, removal of topsoil and landfill or excavation shall be subject to the provisions of Chapter 103, Excavations, of the Code of the Town of Eden.
§ 225-32 Excavation.
A.
Policy and authority. It is the policy of the Town of Eden, as guided by the Master Plan, to provide a variety of housing options, preserve open space, and harmonize new development with the traditional open, rural, wooded, agricultural, and hamlet landscapes of the Town. To that end, the Town Board of the Town of Eden, through the adoption of this chapter, hereby adopts the provisions of § 278 of the Town Law of the Consolidated Laws of New York, and hereby grants to the Planning Board the full authority set forth in that section to require or accept modifications to site plans as they apply to a specific plat, but only to the extent herein permitted, in the form of a cluster development consistent with the standards, guidelines, and criteria set forth in this section and Chapter 184, Subdivision of Land. The regulations contained in this section and Chapter 184, Subdivision of Land, shall constitute the rules and regulations required by § 278 of the Town Law, setting forth criteria for the review and approval of a cluster subdivision.
B.
Procedures. Any residential cluster development shall be subject to site plan review under § 225-30 and Chapter 184, Subdivision of Land, in addition to the standards set forth in this section. An application for cluster development shall include all plans and materials as required for a conventional subdivision.
C.
Ownership required. Open space land created as part of a subdivision or multiple-dwelling development and not dedicated fee simple to the Town of Eden for recreation purposes shall be in one of the following forms of ownership:
(1)
A homes association approved by the Federal Housing Administration for mortgage insurance as a planned unit development and the Town Board;
(2)
A homes association approved by the Town Attorney and Town Board; or
(3)
Any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter.
D.
Homes association. Whenever a homes association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homes association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this chapter are carried out. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions:
(1)
The homes association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and established as such prior to the sale of any dwelling lot and/or unit within the development or subdivision.
(2)
Title to all common open space property shall be placed in the homes association prior to the sale of any dwelling lot and/or unit within the development or subdivision. Such deeds shall be reviewed by the Town Attorney and subject to the approval of the Planning Board.
(3)
Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common open space property, subject to the rules of the homes association. All restrictions on the ownership, inclusive of easements, use and maintenance of common open space or recreational use shall be permanent.
(4)
Once established, all responsibility for liability insurance, operation and maintenance of the common open space or recreation land and facilities shall lie with the homes association.
(5)
Dedication of common areas.
(a)
Dedication of all common areas shall be recorded directly on the subdivision plat or by reference on the plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:
(b)
Each dwelling unit or lot owner within the development or subdivision shall be made responsible for paying his or her proportionate share of the association's costs, and the assessment levied by the association shall become a lien on the dwelling unit or lot if not paid.
(c)
Permitted uses in areas of open space:
[1]
Community center.
[2]
Sports and recreation facilities (active recreation), such as, but not limited to, playgrounds, ballfields, swimming pool(s), spray pads, tennis courts, or golf courses.
[3]
Natural state (passive recreation), such as, but not limited to, conservation areas, picnic areas, crop farming, or trails.
(6)
Each deed to each dwelling unit or lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions (including assessments and the provision for liens for nonpayment of such).
(7)
The homes association shall be perpetual, shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee and provision for assessments and establish that all such charges become a lien on each property in favor of said association. The homes association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens. It shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction, and the homes association shall have the power to adjust assessments to meet changing needs.
(8)
Prior to site plan approval, the developer shall file with the Town Board a performance bond to insure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond to insure the proper maintenance of all common lands until the homes association is established. The amount and period of said bonds and the form, sufficiency, manner of execution and surety shall be determined by the Town Board and approved by the Town Attorney.
(9)
In the event that the maintenance, preservation and/or use of the common open space or recreational use ceases to be in compliance with any of the above requirements or any other developments or subdivisions, the Town Board shall be granted the right, but shall not have the obligation, to take all necessary action to assure such compliance and to assess against the association and/or each individual dwelling unit or lot owner within the development or subdivision all costs incurred by the Town for such purposes.
§ 225-33 Clustered open space.
A.
Policy and intent.
(1)
The maximum levels of density of development allowed in the various zoning districts by this chapter are designed, among other purposes, to secure:
(a)
A fair balance between the public interest, through such things as the most economic and efficient possible use of municipal services and utilities, and the interests of individual landowners; and
(b)
An economically, socially and environmentally sound balance between developed and open land, both in particular zoning districts and throughout the Town. In R1, R2 and MFR Districts, due regard to the balance between developed and open land throughout the Town as well as the balance between developed and open land within the particular districts requires increased density limits. In PK, AP and RR Districts, due regard to the interests of individual landowners as well as the public interest requires limitation of densities. It is in the public interest, therefore, to encourage development from PK, AP and RR Districts to R1, R2 and MFR Districts to the extent that this can be accomplished without impairing a sound balance between developed and open land in particular R1, R2 and MFR Districts and without undue impairment of the interests of individual landowners in PK, AP and RR Districts. Accordingly, it is the policy and intent of the Town to permit development in R1, R2 and MFR Districts at increased levels of density when a developer can provide assurance of a corresponding reduction of the density of development in a PK, AP or RR District.
(2)
The transfer of the development rights system herein established shall have the following specific objectives:
(a)
To preserve the natural and scenic qualities of open land and accrue to the Town and region the benefits of the use of open land and agricultural pursuits.
(b)
To allow the adequate and economic provision of streets and utilities consistent with the Comprehensive Plan of the Town of Eden.
(c)
To provide for a creative and staged development of land and an orderly transition of land from vacant to occupied uses.
(d)
To foster development in areas best suited to specific uses while providing economic return to owners of property restricted from further development.
B.
Transfer of development rights. Transfer of development rights provides for increased density of residential development in the R1, R2 and MFR Districts when suitable open space land in a PK, AP or RR District is permanently reserved from specified development uses. The transfer of the development rights is accomplished by execution of an open space easement, and the increased density is permitted by the issuance of an optional density permit, both as hereinafter provided.
C.
Authorization of transfer of development rights. In the manner and to the extent provided by Article IV and by the Table of Bulk Regulations referred to in Article V of this chapter, the provisions of this section and other applicable provisions of this chapter:
(1)
Development rights in eligible land in PK, AP or RR Districts may be transferred to land in R1, R2 or MFR Districts.
(2)
Undeveloped land in a PK, AP or RR District with the area and dimensions at least equal to the minimum required for residential development shall be eligible land from which development rights may be transferred.
(3)
In cases where development rights have been previously transferred from land in a PK, AP or RR District, development rights may be transferred to such land from other eligible land in a PK, AP or RR District.
D.
Procedure.
(1)
Development rights in land in a PK, AP or RR District may be transferred to land in an R1, R2 or MFR District pursuant to the following procedure:
(a)
The developer proposing to develop specified land in an R1, R2 or MFR District at an optional density allowed by this chapter with a transfer of development rights shall, simultaneously with his or her application for a subdivision plat or site plan, make application to the Planning Board for an optional density permit in such form as shall be provided by said Board.
(b)
With his or her application for an optional density permit, the developer shall tender to the Planning Board a valid instrument granting to the Town an open space easement in eligible land in a PK, AP or RR District. The instrument shall be in the form and contain the terms and conditions provided by Subsection E of this section and shall cover an area of eligible land determined in accordance with Subsections C(2) and F(2) of this section. The developer shall furnish to the Planning Board a certificate of title by a duly licensed attorney and such other further evidence or assurance of title as may be satisfactory to the Town Attorney.
(c)
Upon advice of the Town Attorney that the open space easement document is valid and sufficient, and if the applications cited in Subsection D(1)(a) above are otherwise valid and sufficient, the Planning Board, acting in behalf of the Town, shall accept said document and transmit it to the Town Attorney for recording in the Erie County Clerk's office. Upon final approval of the subdivision plat or site plans, the Planning Board shall issue an optional density permit permitting development of the specified land at the optional density and shall transmit both a copy of the open space easement and the optional density permit to the Board of Assessors.
(2)
In cases where land in a PK, AP or RR District has previously been encumbered by the grant of an open space easement, equivalent rights may be transferred to such land from other land in a PK, AP or RR District pursuant to the following procedure:
(a)
Said easement shall be terminated upon the granting to the Town of a similar easement covering equivalent other land in a PK, AP or RR District pursuant to the provisions of this chapter.
(b)
The owner proposing to receive such development rights shall tender to the Planning Board a valid instrument granting to the Town an open space easement for other eligible land in a PK, AP or RR District. The instrument shall be in the form and contain the terms and conditions provided by Subsection E of this section and shall cover an area of eligible land determined in accordance with Subsections C(2) and F(2) of this section. The owner shall furnish to the Planning Board a certificate of title by a duly licensed attorney and such other or further evidence or assurance of title as may be satisfactory to the Town Attorney.
(c)
Upon advice of the Town Attorney that the grant is valid and sufficient, the Planning Board shall accept the instrument, shall execute an instrument terminating the open space easement in the land from which development rights were previously transferred and shall transmit both instruments to the Town Attorney for recording in the Erie County Clerk's office, with copies to the Board of Assessors.
F.
G.
Assessment. Land for which an open space easement has been conveyed to the Town pursuant to this section shall be assessed for real property tax purposes with full regard to the restriction of the use of the land by reason of said easement. Land for which an optional density permit has been issued shall be assessed for real property tax purposes with full regard to the optional density at which it may be or has been developed.
H.
Rezoning. In the event that property for which a development easement has been conveyed pursuant to this chapter or for which an optional density permit has assigned one or more development rights pursuant to this chapter shall have its allowable density of development altered by amendment of this chapter, the following rules shall apply:
(1)
If such amendment increases the allowable density of land in R1, R2 or MFR Districts, the owner shall be entitled to the full number of units allowed by the amendment plus the number of development rights previously granted by an optional density permit.
(2)
If such amendment decreases the allowable density of land in R1, R2 or MFR Districts, the owner may develop at the density previously allowed by an optional density permit.
(3)
If such amendment alters the number of transferable development rights of land in a PK, AP or RR District, such change will not affect land already subject to an open space easement.
(4)
If such amendment removes land from a PK, AP or RR District, no development shall take place on land so removed and already subject to an open space easement unless the owner acquires sufficient development rights to replace the rights conveyed from such land in accordance with the procedure set forth in Subsection D(2).
§ 225-34 Transfer of development rights.
[Amended 4-9-2025 by L.L. No. 4-2025]
A.
In the case of home occupations, only persons residing within the residence shall be engaged in such occupation and the use must be clearly incidental and subordinate to the use of the premises for residential purposes, and the area devoted to such home occupation use shall not exceed 25% of the ground floor area of the principal structure, or equivalent area in an accessory structure.
B.
In the case of resident professional office uses, the principal resident professional shall maintain the premises as his principal place of residence, and there shall be no more than one employee, assistant or associate engaged in such use. Such use shall be restricted to within the principal structure and shall not occupy more than 25% of the ground floor area thereof.
C.
There shall be no change in the outside appearance of the structure or premises or other evidence, visible from the outside, of the conduct of such home occupation or resident professional office whether, in the case of a home occupation, it is conducted within the home or an accessory structure.
E.
The keeping or boarding of any dogs by a veterinarian shall require approval of the Planning Board in accordance with § 225-15B(4).
F.
Cannabis processing, wholesale sales, retail dispensaries and on-site consumption sites are not permitted as a home occupation in any district.
§ 225-35 Home occupations.
Private swimming pools shall be subject to the provisions of Chapter 188, Swimming Pools, of the Code of the Town of Eden.
§ 225-35.1 Private swimming pools.
A.
Existing buildings. The building may be used for the storage of products, provided that a special permit, for a one-year period, is obtained by the property owner, that all storage is within the enclosed building, that no sales are made on the premises to dealers or to the public and that nothing is stored which would adversely affect public health or safety.
B.
New standalone storage structure. A structure used for storage on lots in the R2, RR, and AP Districts with no primary structure(s) shall be subject to the following standards:
(1)
No more than one standalone storage structure is permitted on a lot.
(3)
The structure shall be located on the lot in accordance with the setback and dimensional requirements of the district in which it is located in plus an additional 50 feet in the front yard setback to account for the construction of a future primary dwelling. Applicant shall indicate on the site plan where a primary dwelling may be located to ensure adequate spacing and placement behind or to the rear of such dwelling.
(4)
The structure shall be nonhabitable (no kitchen, dining, bathroom or sleeping quarters) by humans or animals. Electrical service (one meter) is allowed.
(5)
Structure shall not be used for commercial purposes.
(6)
Storage (cargo) containers are not permitted.
(7)
All materials, equipment, etc. shall be stored inside the structure or otherwise subject to screening and setbacks.
§ 225-35.2 Standalone storage structures.
Ponds may be permitted subject to the following:
A.
Exemptions. Retention or detention ponds specified, designed and/or approved as part of an approved site plan or subdivision development or otherwise mandated and/or owned by the Town of Eden are exempt from this section.
B.
General.
(1)
No pond shall be constructed without a building permit issued pursuant to this article.
(2)
No pond shall be constructed on any property located within the Low-Density Residential (R1), Neighborhood Residential (R2), Mixed-Use (MU-1 or MU-2), or Light Industrial (LI) Zoning Districts nor on a lot with a total area of less than three acres. All ponds shall meet the bulk requirements for residential uses.
(3)
All ponds shall be maintained so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito breeding and similar conditions.
(4)
No pond may adversely interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.
(5)
All new ponds shall conform to the requirements of and be approved by the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture or its successor agency.
(6)
If the NRCS is not available for assistance with the pond design (or at the option of the applicant), the pond shall be designed by a licensed professional engineer. In the event the pond is designed by a licensed professional engineer, the site plan application shall be accompanied by a pond design report meeting the following requirements:
(a)
Include test pit information from site (soil types, groundwater levels, etc.).
(b)
Reference NRCS standards.
(c)
Illustrate how the pond will maintain appropriate water depths.
(d)
A survey map depicting the pond and test pit locations (follow site plan requirements); illustrate any inflow or outflow piping/ditches and the location of any ditches, swales or watercourses on the site.
(e)
Detail the pond components (inlet and outlet controls, side slopes, emergency spillways, etc.).
(f)
Any other information required by the Planning Board.
§ 225-35.3 Ponds.
A.
Purpose. In accordance with the recommendations and policies of the Town of Eden Comprehensive Plan Update, these regulations are designed to preserve, to the maximum extent feasible, the important environmental features associated with major stream corridors within the Town. This will help to ensure the interconnection of open space elements in the Town, preserve rural character and scenic views, enhance flood protection, minimize non-point source pollution, preserve wildlife habitats, and protect the qualities of these corridors that contribute to both community character and property values.
B.
Boundary description. These regulations shall apply to the lands along Ryther Creek, Hampton Brook, 18-Mile Creek and the South Branch of the 18-Mile Creek, and some tributaries of these creeks. This shall encompass all parcels fronting on these waterways and areas within 50 feet of a stream shoreline embankment.
C.
Objectives.
(1)
Development shall be sited to minimize adverse impacts to water quality, fish or wildlife habitats, freshwater wetlands, stormwater runoff, septic systems or any other activity on the site.
(2)
To the greatest extent feasible, new structures shall be sited a minimum of 100 feet from the stream bank or outside the designated floodplain area, whichever is greater, in order to establish a buffer adjacent to the waterway to absorb floodwaters, trap sediments, protect habitats and preserve scenic qualities.
D.
Subdivision regulations. The division of lands within the boundary area, regardless of the zoning classification, shall be subject to the subdivision regulations of the Town.[1] The following special regulations shall apply to all subdivision lands within this area: