Town Of Rochester City Zoning Code
ARTICLE IV
General Supplementary Regulations
§ 140-17 Parking, loading, access and traffic standards.
A.
Off-street parking, loading and unloading facilities shall be provided as necessary in connection with every use. One-family and two-family residential uses shall be provided with two off-street parking spaces per dwelling unit. Multifamily dwelling parking standards are found in § 140-26. Parking needs with respect to all other uses shall be determined during site plan review as follows:
(1)
The following parking standards shall apply to all applications for new, expanded or modified land uses and apply cumulatively in the case of mixed-use projects, provided that adjustments may be made by the Planning Board as detailed in this subsection. Standards as set by the New York State Uniform Fire Prevention and Building Code, Americans with Disabilities Act (ADA), and New York Vehicle and Traffic Code shall apply.
Basic Parking Requirements | |
|---|---|
Land Use | Parking Requirement |
Home occupations | 1 space per 100 square feet of floor area devoted to use |
Hotels/motels | 1 space per rental room plus 1 for each 4 employees |
Industrial uses | 1 space per 400 square feet floor area |
Commercial uses | 1 space per 175 square feet floor area |
Places of public assembly | 1 space per 4 seats |
Offices | 1 space per 200 square feet floor area |
Restaurants | 1 space per 50 square feet floor area |
Vehicle service establishments | 4 spaces plus 1 per employee |
(2)
The Planning Board shall apply the following standards to determine parking needs in cases of uncategorized uses. For such uses where the above standards may be only partially or not directly applicable, parking requirements may be reduced or increased by the Planning Board based upon the following criteria. An applicant may similarly request, in writing, a modification of parking standards, and the Planning Board shall make a determination using these same standards. The applicant shall identify the reasoning for the request and the Planning Board shall include this reasoning in their findings should the request be granted.
(a)
Industry studies of parking needs for the type of use proposed or actual case-study comparisons for projects of similar character. The Planning Board may require the developer or applicant to gather and submit such data in support of its proposed parking provisions. The National Parking Association and the Urban Land Institute are examples of such industry sources.
(b)
The characteristics of the proposed customers, residents, occupants or visitors to a given facility. Housing for the elderly would for example, require fewer spaces per dwelling unit than time-shared recreational units, even though the number of dwelling units is the same.
(c)
The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.
(d)
Recommendations, if any, from Town consultants, other public agencies or information sources that suggest, based on experience, the appropriate amount of parking in connection with a given use.
(e)
The likelihood that parking will be shared with adjoining facilities, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.
(f)
The availability of reserve areas designated on the site plan for future parking development in the event of demonstrated need, as determined and directed by the Building Inspector or Planning Board.
(g)
The use of pervious surfacing to reduce stormwater impacts.
(3)
Parking shall be required to be provided for any public or commercial use for persons with physical disabilities using these standards to determine the number of spaces required. All spaces shall be ADA compliant.
Total Parking Spaces Required | Minimum Number of Accessible Spaces | Total Parking Spaces Required | Minimum Number of Accessible Spaces |
|---|---|---|---|
1 to 25 | 1 | 201 to 300 | 7 |
26 to 50 | 2 | 301 to 400 | 8 |
51 to 75 | 3 | 401 to 500 | 9 |
76 to 100 | 4 | 501 to 1,000 | 2% of the total |
101 to 150 | 5 | 1,001 and over | 20 plus 1 for each 100 over 1,000 |
151 to 200 | 6 |
B.
Garages, carports, and driveways not in the public right-of-way may be considered parking spaces. Parking spaces shall be a minimum of 10 feet wide and 20 feet deep. Perpendicular parking spaces shall be accessed by an interior drive of no less than 25 feet in width for turning purposes (see illustration). This distance may be reduced to 20 feet for sixty-degree angle parking, 15 feet for forty-five-degree angle parking and 13 feet for thirty-degree angle parking. The Planning Board may modify these standards in conjunction with site plan review to fit the needs of particular enterprises.
.tif.png) |
C.
Any lighting used to illuminate any off-street parking shall be so shielded as to deflect the light downward and away from adjoining premises and public rights-of-way and avoid light spillage onto adjacent properties.
D.
All parking areas which are designed to accommodate 12 or more vehicles shall be landscaped using materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control. The following are guideline standards the Planning Board may apply:
(1)
No more than 12 parking spaces should be allowed in a continuous row uninterrupted by landscaping or other features. Maintenance guarantees may be required to ensure replacement of damaged or dead landscape materials.
(2)
No parking areas should be designed such that a vehicle might directly back out onto a public highway or through road within the development. Traffic flows through a parking area should be minimized and limited to connections from one lot to another and to the public highway or through road. Circular drives shall be discouraged.
(3)
Commercial parking areas, where possible, should generally be located in the side or rear yard of any use, with the principal building situated near the front lot line as permitted by Schedule of District Regulations.[1] This is for the purpose of maintaining the continuity of the building line along any highway and avoiding the effective merger of parking areas along a highway into one mass of pavement where entrances and exits become difficult to identify.
.tif.png) |
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
E.
Any building erected, converted or enlarged for commercial, office, manufacturing, wholesale, institutional or similar uses shall, in addition to the off-street parking space required above, provide adequate off-street areas for loading and unloading of vehicles, which shall generally be located along the side or rear of the building. Public rights-of-way shall under no circumstance be used for loading or unloading of materials. The minimum size loading space shall be 70 feet in depth and 14 feet in width, with an overhead clearance of 14 feet. An applicant may request a reduction from this dimensional standard using the same criteria as identified in Subsection A above. The circulation of vehicles to access the loading/unloading area from the public right-of-way shall be adequate so as to allow clear passage and turning radius capabilities. The loading/unloading area shall be accessible by driving in and not require backing in from off the public right-of-way.
F.
Access to and from all nonresidential off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well defined separate or common entrances and exits and shall comply with the following provisions:
(1)
Access drives shall comply with all requirements of the Town of Rochester. Access drives onto state and county highways shall be subject to New York Department of Transportation and Ulster County Department of Public Works standards, as the case may be.
(2)
Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrance and exits.
(3)
All access drives shall be subject to the requirement of obtaining a driveway permit from the Town of Rochester Highway Superintendent, the Ulster County Department of Public Works or the New York State Department of Transportation, as the case may be, and approval of any permits hereunder may be conditioned upon the application for and/or receipt of such permits from these authorities. Existing access driveways, in the case of a change to a more intensive use of the property, shall be required to submit written documentation from the jurisdictional agency certifying that the access is acceptable or detailing required access revisions.
(4)
The Town of Rochester Planning Board may, in conjunction with site plan review, establish additional requirements pertaining to highway access permits on county and state roads, providing such additional requirements do not conflict with county or state requirements.
(5)
For reasons of traffic and pedestrian safety, both on and off the street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all the requirements of this chapter, including but not limited to obtaining the appropriate permits and the payment of any and all fees for said permits, and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to special permit or site development plan approval, in which case they shall also be subject to Planning Board approval.
(6)
No driveway center line shall intersect a street line less than 100 feet from the intersection of any two street lines, including intersections on the opposite side of the street, except by specific written approval of the jurisdictional agency.
(7)
The maximum grade for new driveways accessory to uses other than single-family dwellings and connecting the required off-street parking area to the street shall not exceed 15%. All driveways shall have a negative 2% grade within 50 feet of the centerline of the traveled way of the street, or within 25 feet of the property line of the street, whichever distance is greater. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated.
(8)
Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that there is a similar view of the automobile in the driveway.
(9)
The Planning Board shall have authority to require additional traffic safety improvements in conjunction with site plan review for any project.
G.
Access to State Route 44/55 and U.S. Route 209.
(1)
No tract shall be provided direct access to Route 44/55 or 209 if adequate alternate access can be provided by way of another road, a frontage or parallel access drive or a cross access drive.
(2)
No driveway shall be permitted within 100 feet of a public highway intersection on Route 44/55 or 209, provided that existing residential lots shall not be subject to this Subsection G. Spacing between driveways on Routes 44/55 and 209 shall be as provided by state law.
(3)
Should a particular parcel lack sufficient frontage on Route 44/55 or 209 to accommodate adequate spacing, the landowner shall have the following options (in addition to the right to seek a variance from the Zoning Board of Appeals):
(a)
The landowner may establish a joint access driveway with an adjoining property. The driveway midpoint in such cases shall be the property line between the two parcels. Alternatively, the landowner may gain access from a cross access drive or frontage road that connects the subject property and the adjoining property or properties. A joint easement agreement shall, in either of these two cases, be executed and filed with the deed of the participating properties prior to a permit being granted.
(b)
The landowner may seek an exception from these requirements when the above cannot be fulfilled at the time of application. The landowner shall, in such case, provide proof of an attempt to secure access from a common driveway or cross access drive. The Planning Board shall impose the condition in such instance that the approved driveway is a temporary driveway and the landowner shall submit a deed agreement with the Town of Rochester agreeing to close the driveway and to seek to establish a joint driveway or cross access driveway, if feasible, when an adjoining property is developed or redeveloped.
(4)
All land owners submitting a subdivision or site plan for property on Route 44/55 or 209 shall address the feasibility of the use of joint access driveways, cross access drives and linked or shared parking lots. Use of such techniques shall be required wherever feasible.
(5)
Retail and service business subject to site plan review shall, where practical, be required to provide vehicular and pedestrian connections to adjoining retail and service properties along the frontage of regulated routes.
(6)
Any landowner of a tract adjoining the regulated routes who files a subdivision or site plan application shall submit, at the time of initial application, an overall development sketch plan. This sketch plan shall establish future access locations along Routes 44/55 and 209. Conditions of final approval shall establish the number of access ways permitted for the tract regardless of any future subdivision or development plan. No individual dwelling unit within any tract to be subdivided or developed for two or more dwelling units shall be provided with direct access to Route 44/55 or 209.
(7)
Curbline openings shall conform to New York State Department of Transportation standards.
(8)
Access points may be restricted to right-turn in, right-turn out if determined to be in the best interest of traffic operations. The Planning Board may require signs and barriers be installed to enforce such restrictions to the maximum degree practical.
(9)
When two adjacent landowners agree to combine access points, the Planning Board may grant an incentive bonus. The total lot size and road frontage normally required may be reduced by 15% for both landowners. The required number of parking spaces may, in addition, be reduced by 15% for each development. However, if the adjoining land uses are determined to have the same peak hour for parking generation, the Planning Board may withdraw the incentive bonus or require the developer to set aside land, clearly indicated on the site plan for future paving for parking, to meet statutory requirements if an analysis conducted within one year after occupancy determines parking is insufficient. Such analyses may be provided for as a condition of approval at the expense of the applicant.
H.
Separation from road. All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public thoroughfare or adjoining property lines by a planting strip at least 20 feet in depth landscaped as required herein.
I.
Traffic study. The Planning Board, at its discretion, may require a traffic impact study by an independent engineer with any special use application involving an activity likely to generate more than 500 tripends per day or create specific traffic issues. The study shall examine existing and projected traffic flows before and after development and generally follow the guidelines set forth for such studies by the Institute of Transportation Engineers. Its purpose shall be to ensure that proposed developments do not adversely affect the transportation network and to identify any traffic problems associated with access to the site from the network. It shall identify solutions to potential problems and any improvements needed. The scope of the study shall be approved in advance by the Planning Board with the final product incorporated in the SEQRA submission. This requirement shall apply in the case of county or state, as well as Town, roads.
J.
No recreational vehicle or commercial vehicle shall be stored on any residential lot in any district, except in an existing driveway or the rear or side yard and not closer than the required side yard setback for accessory uses.
K.
Residential access. At the discretion of the Town Superintendent of Highways, any residential use parcel which has frontage on two or more Town roads may be required to access the public road via the lesser-traveled roadway; similarly, any residential use parcel which has frontage on a private road and a Town road may be required to access the private road.
§ 140-18 Overlay districts.
A.
(AP) Aquifer Protection Overlay District. There is hereby created a special zoning district identified as AP District on the Zoning Map. This district shall be an overlay zone, within which the normal provisions of the zoning districts as mapped on the Zoning Map shall apply, except that no development shall be permitted which does not comply with the following standards:
(1)
Impervious surface area for proposed uses and activities located outside the B Business Development, H Hamlet, I Industrial and R-1 Moderate Density Residential Districts shall not exceed 15% of lot area.
(2)
The following uses and activities shall be prohibited uses within the Aquifer Protection Overlay District:
(3)
The following uses and activities, when proposed within the Aquifer Protection Overlay District, shall be designated as Type I actions under SEQRA and be subject to mitigation as necessary to protect the water supply:
(4)
Any use or activity with projected on-site groundwater withdrawals and/or on-site sewage disposal flows averaging 2,000 gallons per day or more during any single thirty-day period shall be subject to site plan review by the Town of Rochester Planning Board regardless of its classification on the Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(5)
The following additional information shall be provided for a proposed nonresidential new use or activity located partially or wholly within the Aquifer Protection Overlay District:
B.
(FD) Floodplain Development Overlay District. There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as special flood hazard areas on the Flood Hazard Boundary Maps for the Town of Rochester, as issued by the Federal Insurance Administration or its successor. This district shall be an overlay zone, within which the normal provisions of the zoning districts as mapped on the Official Zoning Map shall apply, except that no development shall be permitted that does not comply with the provisions of the Town of Rochester Flood Damage Prevention Law,[2] as amended. No planned unit developments, multifamily dwellings or single-family dwellings at a density of more than one dwelling unit per two acres shall be permitted within the FD District and no density bonuses or incentives of any kind shall apply in this overlay district.
C.
EEO Economic Enterprise Overlay District. The purpose of the Economic Enterprise Overlay (EEO) zone is to foster economic development, diversification of land uses and employment generation through the reuse and/or redevelopment of underutilized properties. Development is encouraged to follow a mixed use, compact pattern that is sensitive to the environmental characteristics of the land and adheres to the goals and objectives contained in the Town's Comprehensive Plan and follows § 140-20, General commercial and industrial standards. It is the intent of the EEO to promote flexibility in the development process while integrating a diversity of land uses within close proximity to each other. The specific qualifications and requirements to attain EEO designation are detailed in § 140-18.1 of this code.
[Added 6-7-2018 by L.L. No. 3-2018]
(1)
The EEO permits a broad range of uses that work in harmony to accomplish the following objectives:
(a)
Active utilization and reinvestment in underutilized properties, including adaptive reuse;
(b)
Adaptively reuse structures and associated lands to protect against abandonment and general vacancy of structures;
(c)
Enhance the variety and availability of employment, service, retail, residential and civic facilities;
(d)
Develop well-configured public spaces that are woven into the pattern of the development and dedicated to the social interaction, recreation and visual enjoyment of residents;
(e)
Design civic buildings, open spaces, and other visual features to act as landmarks, symbols and focal points for community identity;
(f)
Ensure development operates in harmony within the surrounding neighborhood and/or hamlet;
(g)
Ensure valued natural features and undisturbed areas are protected and incorporated into the open space of the development;
(h)
Foster the compatibility of buildings and other improvements through their arrangement, bulk, form, character, and landscaping;
(i)
Design the public and private realms using architecture, landscaping and other elements that respond to the unique character of the region.
§ 140-18.1 Economic Enterprise Overlay District.
[Added 6-7-2018 by L.L. No. 3-2018]
A.
Application and approval procedure.
(1)
The application for and approval of an EEO shall be treated as a legislative act and an amendment to the Town of Rochester Code Chapter 140, Zoning.
(2)
The application for and approval of an EEO shall follow the procedures for zoning amendment outlined in Town Law, as well as the procedures required under the New York State Environmental Quality Review Act (SEQRA).
(3)
A complete application pursuant to this article shall be submitted prior to consideration by the Town Board.
(4)
The Town Board reserves the right to consider or not consider any petition submitted under this article.
(5)
The adaptive reuse of structures and associated lands containing said structures shall be permitted under this article.
(6)
Upon approval on an EEO by the Town Board, the applicant shall be required to apply to the Town of Rochester Planning Board for site plan approval. This submission shall include all documents, plans and items required under conformance with Article VII of this chapter. The Planning Board shall review said application pursuant to this chapter and by New York State Town Law § 274-A.
B.
Information to be provided.
(1)
Applications for the establishment of an Economic Enterprise Overlay Zone by amendment to the Zoning Map shall be made in writing to the Town Board, by the owner(s) of the land proposed to be included in such district or by a person who possesses written contract or option rights to purchase such lands. In the event that the application is made by a person holding contract or option rights to purchase the lands, the application shall be accompanied by a statement signed by the owner(s) granting authority on the part of the applicant to make the application.
(2)
The application shall include:
(a)
A description of the existing economic and land use opportunities for the property as currently zoned and/or developed;
(b)
An explanation of why and/or how currently permitted uses and/or regulations restrict the highest and best use of the property;
(c)
A description of how the proposed project and land uses are in conformance with the Town of Rochester Comprehensive Plan;
(d)
A description of how the proposed project and land uses are compatible with adjacent existing land uses and those reasonably anticipated in the future;
(e)
A full environmental assessment form;
(f)
A conceptual development plan of sufficient detail as shall be determined by the Town Board. The conceptual development plan shall consist, at a minimum, of the following:
[1]
A metes and bounds description of the proposed district;
[2]
A survey of the land prepared and certified to the Town of Rochester by a licensed land surveyor;
[3]
A map drawn to scale showing existing conditions of the parcel, including:
[a]
The name and address of the owner of record and, the name and address of the applicant, if not the owner of record;
[b]
The name of the person or firm preparing the plan;
[c]
The date, North arrow and scale of the plan;
[d]
The acreage of the parcel and the tax map number(s) of the parcel;
[e]
The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting the parcel;
[f]
The approximate location and outline of existing structures both on the parcel and within 100 feet of the property line;
[g]
The location of any existing storm or sanitary sewers, culverts, water lines, hydrants, catch basins, manholes and other visible infrastructure as well as other utilities within or adjacent to the parcel;
[h]
The existing zoning of the parcel;
[i]
The approximate location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body;
[j]
The approximate boundaries of any areas subject to flooding or stormwater overflows;
[k]
The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property);
[l]
The identification of any other significant features.
(g)
The conceptual development plan, drawn approximately to scale, shall clearly show the following:
[1]
The approximate location and dimensions of proposed principal and accessory buildings on the site and their relationship to one another, and to other structures in the vicinity;
[2]
The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site;
[3]
The proposed source of water supply and method of delivery to the site;
[4]
A general plan for the collection and disposal of sanitary waste from the site;
[5]
A general plan of proposed stormwater management facilities;
[6]
Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.
C.
Town Board review.
(1)
In its review of the application, the Town Board may suggest such changes in the conceptual plan as are found necessary or desirable by the Town Board in order to meet the requirements of this section. The Town Board may notify the applicant of such changes and may discuss such changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or deny the rezoning application.
(2)
The Town Board shall have the discretion to reject the application or to hold a public hearing with regard to the rezoning application.
(3)
If the Town Board decides to hold a public hearing to consider the rezoning of a property, the application shall be referred to the Town of Rochester Building Inspector who shall make a recommendation to the Town Board within 30 days of receipt of the application, and to the Town of Rochester Planning Board and the Ulster County Planning Board for recommendations as provided in this chapter and General Municipal Law.
(4)
The Town Board may refer the application to any local, state, or federal agency having jurisdiction over or expertise in the subject matter seeking comment.
(5)
The Town Board may engage the services of an engineering consultant to review such aspects of the project which may be beyond the scope of expertise of local Town employees or volunteer boards and commissions; such as stormwater plans, traffic plans, or other similar specific reports. The fee for such review shall be the responsibility of the applicant and an escrow account shall be established prior to commencement of any review.
(6)
If the Town Board elects to hold a public hearing, the Town Clerk shall provide notice of said hearing to the owners of all parcels located within 500 feet of the subject property, and shall publish proper legal notice of the time and place of the public hearing.
(7)
Following the public hearing the Town Board may, in its sole legislative discretion, act to approve, approve with modification or conditions, or disapprove the rezoning application. Approval shall result in amendment to the Zoning Map.
(8)
In determining whether to approve the application for an EEO District, the Town Board shall consider the public health and welfare of the surrounding area, together with following criteria, and the intent and objectives of this section:
(a)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to the nearby properties will be created by the creation of a district on the property;
(b)
Whether the site is located in an area suitable for the proposed elimination of nonconformity or readaptation of buildings and site development so as to be reasonably free of objectionable conditions such as odors, noise, dust, air and light pollution, traffic volumes beyond the capacity of the existing road systems or proposed road improvements, and other environmental constraints;
(c)
Whether the site will have adequate water and sewer facilities;
(d)
The recommendations of the Town Building Inspector or any Town contracted consultants;
(e)
Recommendations of the Town of Rochester Planning Board and the Ulster County Planning Board;
(f)
Whether the site is located in a manner that allows access to the site from a public street with adequate site distances and that meets current engineering standards of the Town;
(g)
Whether the readaptation or modification of the site shall produce undue adverse effects on the surrounding neighborhood.
D.
Planning Board review.
(1)
Following a zoning amendment to create an EEO District, site plan review and approval by the Planning Board shall be required prior to the issuance of a building permit for any readaptation or modification of development of the property.
(2)
The Planning Board shall not approve any site plan application within an EEO District unless such Board finds that the plan is in substantial conformance with the conceptual development plan that was submitted to the Town Board and that served as the basis for the zone change to the EEO District.
E.
Regulations.
(1)
Location and underlying zoning.
(a)
To be eligible to apply for EEO zoning consideration, all properties shall adaptively reuse structures and associated lands to protect against abandonment and general vacancy of structures or allow for the reuse and/or redevelopment of underutilized properties.
(b)
All parcels located in the AR-3, AB-3, H, I, NR, and B Zoning Districts shall be eligible, except as listed below.
[1]
Properties located in a designated county agricultural district with existing structures utilized in a farm operation, as defined in this Code, shall not be eligible.
[2]
Vacant properties located in a designated county agricultural district with soil areas of prime farmland or farmland of statewide importance, as designated by the United States Department of Agriculture, shall not be eligible.
(2)
District size limitations.
(a)
An EEO shall include parcels in their entirety and the perimeter of EEO districts shall be coterminous with the platted property lines of those parcels included in said district. In the event that an applicant wishes to use multiple parcels in its application, said parcels must be combined prior to the Zoning Map being amended.
(b)
No land shall be designated for an EEO if in the opinion of the Town Board it is too small, too narrow in width, too irregular in shape or with topography too excessive to be planned and developed in a manner consistent with the purpose and objectives of the EEO.
(c)
The Town Board may set lot size requirements to assure that the proposed development is in accord with the Town's Comprehensive Plan and in concert with the character of the neighborhood.
F.
Modifications.
(1)
Any further proposed change in use of a property that does not comply with the underlying zoning for the property shall be required to go back before the Town Board for review pursuant to the provisions of this section.
(2)
Any further proposed subdivision of a property shall require amendment to the EEO by the Town Board and subdivision approval of the Planning Board.
(3)
Following initial construction and occupancy, any changes other than use changes shall be considered as a request for a site plan amendment and be referred to the Planning Board for amended site plan review.
(4)
Modifications to the zoning of properties within an approved EEO Overlay District require application and approval by the Town.
G.
Districts, land use allocation and permitted uses.
(1)
Overlay district requirements.
(a)
The EEO District shall permit Economic Development and Community Development Overlays to provide enhanced flexibility while permitting the mixing of compatible uses within the community.
(b)
Each lot within an EEO shall be allocated to a specific district and land use category at the time of application.
(c)
Adaptive reuse of existing structures and associated lands shall be permitted subject to the review criteria set forth within these EEO regulations.
(d)
The following uses are prohibited in EEO districts:
H.
Design requirements.
(1)
Regulations.
(a)
Development may take place on the existing development footprint regardless of such footprint's location. Expansion of development beyond the existing development footprint, or relocation of a development footprint, of any qualifying property shall be allowed if such expansion or relocation is approved by the Town Board based on the layout and limitations of the site, and additionally, any such expansion must be approved by the Planning Board in the site plan review process. The Planning Board shall not be obligated to grant such expansion if it determines that the proposed expansion is inappropriate for the site.
(b)
The Town Board and the Planning Board may grant waivers of development standards for the property, if deemed appropriate for the redevelopment of the property.
(c)
Density of existing structures may be maximized in accordance with existing New York State Building Codes.
I.
Fees.
(1)
An application shall be accompanied by an application fee as prescribed from time to time by resolution of the Town Board.
(2)
If professional review of the application is required by a designated private planning, engineering, legal or other consultants or, if other extraordinary expense to review documents or conduct special studies in connection with the proposed application is incurred, reasonable fees shall be paid for by the applicant, in accordance with § 140-63B.
(3)
Applicant will be responsible for payment of all fees associated with the application, including, but not limited to, mailing, duplication of documents and materials, and public hearing fees.
§ 140-19 Home occupation regulations.
A.
Home occupations are permitted in all districts subject to regulation by class. Classifications of home occupations and limitations applicable to each follow:
Home Occupation Classifications | ||
|---|---|---|
Class | Description | Requirements |
Class I | A no-impact home-based business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and that involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use | No on-site employees other than family members residing in the dwelling No display or sale of retail goods No stockpiling of inventory of a substantial nature No outside appearance of business (e.g., parking, signs or lights) No equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable in the neighborhood No generation of any solid waste or sewage discharge, in volume or type, not normally associated with residential use in the neighborhood Business activity conducted only within the dwelling Shall not occupy more than 25% of the habitable floor area or 250 square feet of floor area, whichever is less |
Class II | A low-impact home-based business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and does not significantly change the character thereof, involve the use of mechanical equipment other than that customarily used for domestic purposes and involves no retail or services resulting in other than occasional and limited numbers of visitors | No more than one on-site employee other than family members residing in the dwelling No display or sale of retail goods No stockpiling of inventory of a substantial nature No equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable in the neighborhood No generation of any solid waste or sewage discharge, in volume or type, not normally associated with residential use in the neighborhood Shall not occupy more than 25% of the habitable floor area of the dwelling or 500 square feet of floor area, whichever is less, regardless whether location in the dwelling or in an accessory structure No display or parking of equipment or products, storage of goods or materials or signs visible from outside the building, except for a name or accessory use sign No external evidence of the home occupation or alterations inconsistent with the residential use or appearance of the buildings |
Class III | A home-based business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling | No more than two on-site employees other than family members residing in the dwelling No more than 150 square feet of floor area used for display or sale of retail goods No stockpiling of inventory of a substantial nature No equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable in the neighborhood No generation of any solid waste or sewage discharge, in volume or type, not normally associated with residential use in the neighborhood Shall not occupy more than 25% of the habitable floor area of the dwelling or 750 square feet of floor area, whichever is less, regardless whether located in the dwelling or in an accessory structure No display or parking of equipment or products, storage of goods or materials or signs visible from outside the building, except for a name or accessory use sign No external evidence of the home occupation or alterations inconsistent with the residential use or appearance of the buildings |
B.
A dwelling may have one non-illuminated accessory use ground sign not to exceed 12 square feet in area to identify a home occupation.
C.
No home occupation, having once been permitted or established, shall be added to, expanded, enlarged or otherwise increased or changed substantially in character without complying with this chapter and such permission or establishment shall not be a basis for a later application to establish a principal commercial use. Moreover, the conversion of a residence with a home occupation to a commercial use by the abandonment of the residence or sale, rent or transfer of the business to a party that does not reside on site is strictly prohibited unless the business is then moved off site, unless such commercial use is a permitted use in the given zoning district.
D.
Home occupations involving the use of contractor or other heavy equipment (e.g., lawn maintenance and landscaping businesses) and similar enterprises requiring storage of materials or equipment shall provide inside storage area for all such materials and equipment. The Planning Board may also, under site plan review, permit outside storage that is fully screened.
§ 140-20 General commercial and industrial standards.
Wherever new commercial, new industrial or new multifamily residential uses, with the exception of agricultural activities and home occupations, are proposed, the following performance standards shall apply. The Building Inspector shall ensure these standards are met prior to issuing certificates of occupancy for such uses and may require the applicant(s) to provide documentation of compliance.
A.
Building design and location.
(1)
Building design and location should be suitable for the use intended and compatible with natural and man-made surroundings.
(2)
Building color, materials and design should be adapted to surroundings as opposed to adaptation of the site to the building or the building to a national franchise concept.
(3)
Building placement and site development layout should also incorporate the site's topography, existing vegetation and other unique features. On a lot with multiple buildings, those located on the interior of the site should front towards and relate to one another, both functionally and visually, and may be organized around features such as courtyards, greens or quadrangles. Smaller, individualized groupings of buildings are encouraged. Buildings should be sited to provide adequate and safe fire and emergency access. Accessory buildings shall, wherever possible, be located in the rear.
(4)
Buildings should relate in scale and design features to the surrounding buildings, showing respect for existing and neighborhood architecture. Buildings should avoid long, uninterrupted walls or roof planes. Building wall offsets, including projections, recesses, and changes in floor level or other comparable design features should be used in order to add architectural interest and variety, and to relieve the visual effect of a simple, long wall. Similarly, roof-line offsets should be provided, in order to provide architectural interest and variety to the massing of the building and to relieve the effect of a single, long roof. Commercial facades of more than 100 feet in length should incorporate design features of this nature.
(5)
All facades of such a building that are visible from adjoining streets or properties should exhibit features comparable in character to the front so as to better integrate with the community. Where such facades face adjacent residential uses, earthen berms planted with evergreen trees should be provided.
(6)
Loading docks and accessory facilities should be incorporated in the building design and screened with materials comparable in quality to the principal structure. Dumpsters, outside storage (nondisplay) and drop-off boxes shall be limited to rear yards or screened side yards.
(7)
Driveway, sidewalk/walkway and curb materials shall be functional and compatible with the style, materials, colors and details of the surrounding buildings. The selection and use of pavement and curb materials shall consist of a stable material.
(8)
Developers are encouraged to preserve tree borders. Existing trees over eight-inch diameter at breast height shall be incorporated in the site design to the maximum extent practical, as shall be determined by the Planning Board, and none shall be removed prior to site plan review and approval.
(9)
New construction affecting existing buildings of historically traditional architectural design within the community should respect the existing height, bulk, scale and style of the existing architecture wherever practical. Materials used may be required to be of a similar color, texture and style of the existing architecture.
B.
Route 209 commercial design standards. Any site plan review or special use application for a new commercial or industrial use fronting on or within 600 feet of Route 209 should be designed such that all front and side building facades are constructed using a minimum of two principal materials (e.g., stone and wood, metal and concrete, etc.) to create architectural variety consistent with existing character.
C.
Commercial/residential buffers. Where a commercial or manufacturing use is contiguous to an existing residential use (including those situated on the opposite side of a highway) or any approved residential lot, the Planning Board may require that the minimum front, side and rear yards be increased by up to 50%. The Board may also require, for purposes of separating incompatible uses or shielding the residential property from negative impacts, that a buffer consisting of a solid fence of wood, earthen berm and/or a twenty-foot-wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership or the full width of the yard is already wooded.
D.
Inflammables. All activities involving the manufacturing, production, storage, transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices shall be provided pursuant to National Fire Protection Association guidelines. Burning of waste materials in open fires is prohibited. Details of the potential hazards and planned safety and accident response actions shall be provided by the applicant and the Planning Board may require greater front, side and rear yards and/or fencing.
E.
Electrical disturbances. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
F.
Noise.
(1)
All proposed new land uses shall not generate cumulative sound levels (SPL), at or beyond any lot line, that exceeds the ambient noise level by 10 or more decibels (dBA). Any sound of five to 10 decibels above the ambient noise level shall be attenuated or mitigated to the maximum degree practical, as shall be determined by the Planning Board during site plan review. The Planning Board may, as a condition of site plan review and approval, require additional setbacks, buffers and fencing, or reasonably limit the hours of operation to attenuate or mitigate any potential noise impacts of any proposed use.
(2)
The determination of noise levels shall be made using New York State Department of Environmental Conservation guidelines (see Assessing and Mitigating Noise Impacts Program Policy), as amended. The increase in ambient noise level shall be determined for all lot lines at the site where the project is to take place and any other locations as shall be specified by the Planning Board taking into account existing noise generators.
(3)
The maximum permissible sound levels of this section shall not apply to emergency or security alarms, repair or construction work to provide public utilities, construction operations between the hours of 7:00 a.m. and 7:00 p.m., emergency repairs, agricultural activities other than kennels, motor vehicles when used on public streets in accord with state regulations, aircraft, government authorized public celebrations, unamplified human voices or routine ringing of bells or chimes by a place of worship or similar facility.
G.
Vibration. No vibration shall be permitted on a regular or continuing basis which is detectable without instruments at the property line.
H.
Lighting.
(1)
Lighting for all commercial, multifamily residential, institutional and industrial uses shall be shielded and focused downward to prevent glare and spillover of light onto adjoining properties.
.tif.png) |
(2)
All lighting shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians and land uses in proximity to the light source.
(3)
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or other sources, so as to be visible at the property line on a regular or continuing basis, shall be permitted.
(4)
Lighting contours shall be required on site plans for purposes of determining compliance with this section. Average footcandles at the property line shall be less than 1.0 except at site entrances.
(5)
Globe lights shall ordinarily not be permitted, except for limited aesthetic and sidewalk lighting as part of a site plan subject to review by the Planning Board.
(6)
Light pole heights shall not exceed building heights and none shall exceed 25 feet in height.
(7)
All lighting over 2,000 lumens in strength shall meet the full cut-off standard of the illuminating Engineering Society of North America (IESNA).
(8)
All site activity areas, including parking lots and walkways, shall meet minimum IESNA standards and exceed those standards by no more than 25%.
(9)
All gasoline canopy lighting shall be fully recessed and the average light level under the vehicular canopy shall not exceed 20 horizontal maintained footcandles.
I.
Air pollution originating from new commercial or industrial uses. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted on a regular or continuing basis which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling. The Ringelmann Smoke Chart shall be used to determine the total smoke emitted. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
J.
Water pollution originating from new commercial or industrial uses. All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and planned safety devices and contamination response actions shall be provided by the developer.
§ 140-21 Signs.
A.
Purpose. It is the purpose of this section to help residents and visitors find what they need without difficulty; improve the appearance of the Town; and promote public safety by regulating sign construction and placement.
B.
Application. All signs shall meet the standards herein and on the attached Schedule of Sign Regulations. Application for permits, where needed, shall be made to the Building Inspector together with any fees required. Written consent of property owners shall also be provided. Applications not requiring Planning Board review shall be acted upon within 30 days of receipt. Applications submitted to the Planning Board shall be acted upon within 45 days of receipt.
C.
Sign review criteria. Discretionary signs subject to Planning Board review shall be approved, approved with modifications or disapproved based on the following design criteria:
(1)
Signs should not interfere with views of other enterprises, residences or signs;
(2)
Whenever feasible, multiple signs should be combined to avoid clutter;
(3)
Signs should be as close to the ground as possible;
(4)
Sign should be designed, sized and located to blend with buildings and landscapes;
(5)
Signs should be located so as to not interfere with clear views required for public safety;
(6)
Sign should not present an overhead danger or obstacle to persons below;
(7)
Sign sizes should achieve ready visibility without becoming an unnecessary distraction;
(8)
Large freestanding signs should be landscaped around the sign base.
D.
General regulations. The following regulations shall apply to all signs:
(1)
No part of any sign shall project above the top or beyond the ends of the wall surface on which it is located. Signs shall also not extend above the roofline of the building to which they are attached.
(2)
Except for official traffic signs and signs in H Districts, those signs that exceed 24 square feet in surface area shall be set back at least five feet from the front and side lot lines.
(3)
No sign shall exceed a height equal to one-half its distance from a road right-of-way, regardless of other height limitations.
(4)
Advertising signs shall not be designed in a manner that could be interpreted by a motorist as being a public safety warning or traffic sign.
(5)
No sign shall be attached to a utility pole.
(6)
Portable signs, except as provided herein, shall be subject to all freestanding sign regulations.
(7)
Traffic directional signs shall be exempt from these regulations.
(8)
Signs shall be internally lighted or illuminated only by a steady, stationary (except for time and temperature reading) and shielded light source directed solely at the sign, with minimal spillover of light past the sign and without causing glare for motorists, pedestrians or neighboring premises.
(9)
Any sign located within the boundaries of the Catskill Park shall be subject to the provisions of the New York State Environmental Conservation Law.
E.
Nonconforming signs. Existing nonconforming signs may be repaired or reconstructed on the same site, but shall not be relocated or increased in size except as provided herein. A nonconforming sign shall be considered a nonconforming structure.
F.
Sign maintenance. No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsafe, unsightly or in disrepair so as to endanger the public or to become a public nuisance as shall be determined by the Town Board following referral by the Code Enforcement Officer.
Town of Rochester Zoning Law § 140-21, Schedule of Sign Regulations | ||||||
|---|---|---|---|---|---|---|
Maximum Sign Surface Area Allowed for All Permitted Signs on a Lot Combined | ||||||
Prohibited Signs | Signs Allowed Without Permits | Signs Allowed with Permits from Enforcement Officer | Freestanding | Wall Signs | Signs Permitted Upon Review by Planning Board | |
Residential Districts (R-1, R-2) | Animated, moving or flashing signs Projecting signs extending more than 15 inches from an exterior wall Roof signs Signs on vehicles parked to create a permanent sign effect Signs on utility poles Signs resembling traffic signals or official traffic signs Signs that emit sound, odor or smoke Signs within the cartway of a public road Signs within 10 feet of power and telephone and television cable lines Signs of more than 15 feet in height | Awning, canopy or marquee signs of 4 square feet in aggregate per lot Bus shelter signs of 10 square feet, no more than 2 per shelter or lot Civic and religious signs of 4 square feet Directional and instructional signs of 4 square feet in aggregate per lot Noncommercial flags, emblems, insignia and temporary signs Governmental signs Holiday decorations Interior signs not classified as window signs Name and address plates and plaques of 2 square feet each in area and 4 square feet in aggregate per lot No trespassing, no dumping and similar signs of 2 square feet in area Real estate, temporary construction and contractor signs of 12 square feet Parking lot entrance/exit sign (1) of 4 square feet, no more than 5 feet high Parking lot directional signs of 8 square feet (16 square feet in aggregate), no more than 7 feet high | Multifamily building signs of 4 square feet, each no more than 1 per building Residential development entrance ground signs (2 per road) of 24 square feet | 50 square feet in aggregate or 1 square foot per 5 feet of lot frontage (whichever is less), no individual sign to exceed 32 square feet in area or 15 feet in height, with the exception of temporary and no trespassing signs | 5% of any single building facade or 32 square feet per unit or lot in aggregate, whichever is less. Window wall signs shall not occupy more than 25% of any window. | Other on-premises nonresidential use advertising signs for principal permitted, special and existing nonconforming uses subject to maximum sign surface area for all signs on the lot as set forth in the 2 columns to the left |
Sports patron advertising signs of 32 square feet in area Temporary signs of 32 square feet, no more than 5 times or 45 days per calendar year aggregate Incidental signs of 2 square feet each and 8 square feet in aggregate per lot Warning of danger signs removed within 3 days of end of danger | ||||||
Hamlet and Rural District (H & R-5) | Animated, moving or flashing signs Roof signs extending above peak Signs on vehicles parked to create a permanent sign effect Signs on utility poles Signs resembling traffic signals or official traffic signs Signs that emit sound, odor or smoke Signs extending beyond the edge of a sidewalk or within the cartway of any public road, whichever is greater Signs within 10 feet of power and telephone and television cable lines Signs of more than 15 feet in height | Awning, canopy or marquee signs of 4 square feet in aggregate per lot Bus shelter signs of 10 square feet, no more than 2 per shelter or lot Civic and religious signs of 4 square feet Directional and instructional all signs of 4 square feet in aggregate per lot Noncommercial flags, emblems, insignia and temporary signs Governmental signs Holiday decorations Name and address plates and plaques of 2 square feet each in area and 4 square feet in aggregate per lot No trespassing, no dumping and similar signs of 2 square feet in area Parking lot entrance/exit sign (1) of 4 square feet, no more than 5 feet high Parking lot directional signs of 8 square feet (16 square feet in aggregate), no more than 7 feet high Real estate, temporary construction and contractor signs of 16 square feet | Multifamily building signs of 4 square feet each, no more than 1 per building Residential development entrance ground signs (2 per road) of 24 square feet Awning canopy or marquee signs of 16 square feet each provided no more than 50% of awning, canopy or marquee is used for signage 1 permanently mounted changeable letter or fuel price sign of 36 square feet Non-governmental flags of 24 square feet suspended from poles of up to 36 feet in height 1 freestanding sign of 32 square feet, or one projecting sign of 32 square feet 10 feet above the sidewalk or the ground, for nonresidential use identification purposes Wall signs subject to the maximum sign surface area limitations to the right for such signs | 75 square feet in aggregate or 1 square foot per 1 foot of lot frontage (whichever is less) no individual sign to exceed 32 square feet in area or 15 in height, with the exception of temporary and no trespassing signs | 10% of any single building facade or 64 square feet per unit or lot in aggregate, whichever is less. Window wall signs shall not occupy more than 25% of any window. | Other on-premises nonresidential use advertising signs for principal permitted, special and existing nonconforming uses subject to maximum sign surface area for all signs on the lot as set forth in the 2 columns to the left Off-premises nonresidential use directional signs subject to maximums provided on this Schedule for all permitted signs Commercial directory signs as defined herein (see § 140-4, Definitions.) |
Sandwich board or A-frame sign (1) of 10 square feet placed no more than 10 feet from principal building entrance Sports patron advertising signs of 32 square feet in area Temporary signs of 32 square feet more than 5 times or 45 days per calendar year aggregate Incidental signs of 4 square feet each and 12 square feet in aggregate per lot Warning of danger signs removed within 3 days of end of danger | ||||||
All Other Districts (AR-3, AB-3, B, I and NR) | Animated, moving or flashing signs Projecting signs extending more than 15 inches from an exterior wall Roof signs extending above peak Signs on vehicles parked to create a permanent sign effect Signs on utility poles Signs resembling traffic signals or official traffic signs Signs that emit sound, odor or smoke Signs within the cartway of a public road Signs within 10 feet of power and telephone and television cable lines Signs of more than 15 feet in height (except as provided for nonresidential use advertising signs in § 1308 of this chapter) | Awning, canopy or marquee signs of 4 square feet in aggregate per lot Bus shelter signs of 10 square feet no more than 2 per shelter or lot Civic and religious signs of 4 square feet Directional and instructional signs of 4 square feet in aggregate per lot Noncommercial flags, emblems, insignia and temporary signs Governmental signs Holiday decorations Name and address plates and plaques of 2 square feet each in area and 4 square feet in aggregate per lot No trespassing, no dumping and similar signs of 2 square feet in area Real estate, temporary construction and contractor signs of 16 square feet | Multifamily building signs of 4 square feet each, no more than 1 per building Residential development entrance ground signs (2 per road) of 24 square feet Awning, canopy or marquee signs of 16 square feet each provided no more than 50% of awning, canopy or marquee is used for signage 1 permanently mounted changeable letter or fuel price sign of 36 square feet 1 freestanding sign of 32 square feet for nonresidential use identification purposes Wall signs subject to the maximum sign surface area limitations to the right for such signs | 100 square feet in aggregate or 1 square foot per 2 feet of lot frontage (whichever is less). no individual sign to exceed 32 square feet in area or 15 feet in height, with the exception of temporary and no trespassing signs | 10% of any single building facade or 64 square feet per unit or lot in aggregate, whichever is less. Window wall signs shall not occupy more than 25% of any window. | Other on-premises nonresidential use advertising signs for principal permitted, special and existing nonconforming uses subject to maximum sign surface area for all signs on the lot as set forth in the 2 columns to the left Off-premises nonresidential use directional signs subject to maximums provided on this Schedule for all permitted signs Commercial directory signs as defined herein (see § 140-4, Definitions.) |
Parking lot entrance/exit sign (1) of 4 square feet, no more than 5 feet high Parking lot directional signs of 8 square feet (16 square feet in aggregate), no more than 7 feet high Portable wheeled signs of 32 square feet Sandwich board or A-frame sign (1) of 10 square feet placed no more than 10 feet from principal building entrance Sports patron advertising signs of 32 square feet in area Temporary signs of 32 square feet more than 5 times or 45 days per calendar year aggregate Incidental signs of 4 square feet each and 12 square feet in aggregate per lot (up to 6 square feet each and 16 square feet in aggregate within RU Districts) Warning of danger signs removed within 3 days of end of danger | ||||||
§ 140-22 Stormwater management.
Every application requiring site plan review or subdivision approval shall, where applicable, comply with stormwater management regulations of the New York State Department of Environmental Conservation (DEC). The following standards and procedures shall apply:
A.
The application shall include the following items, prepared to DEC requirements and § 125-27 of the Town of Rochester Code:
(1)
An erosion and sedimentation control plan (basic SWPPP) illustrating those measures to be employed during construction and as may be necessary to prevent loss of soil from erosion and to prevent resulting property damage, siltation and contamination of watercourses or impoundments.
(2)
A stormwater pollution prevention plan (SWPPP) identifying those practices employed after construction and as may be necessary to prevent property damage by and pollution of associated watercourses or impoundments. Where DEC approval of such items is required, Town of Rochester Planning Board approval shall be conditioned upon such approval. Where only a notice of intent (NOI) is required under such DEC regulations, the Town Planning Board may require review of such plans by the Town Engineer and modification as may be necessary based upon such review. A certified copy of a completed NOI, signed by the applicant and certified by the applicant's professional representative, shall be supplied. A copy of the New York State DEC reply to the NOI shall also be supplied when issued. All applications requiring site plan review and a notice of intent shall be reviewed for compliance with DEC stormwater technical standards. The Planning Board's conditions of approval may address local drainage and runoff issues and, where practical, it shall encourage use of stormwater infiltration practices that reduce stormwater runoff and increase groundwater recharge in new development and redevelopment. Such practices may include vegetated open channels (grassy swales) instead of paved drainage ditches, rain gardens on residential lots and use of permeable pavement and similar surfaces in parking.
B.
Applicants shall employ low-impact development techniques as provided for in the New York State Stormwater Management Design Manual. Infiltration practices shall be used whenever acceptable under DEC guidelines. Applicants shall provide deep test pits and percolation tests in support of this or demonstrate infiltration is not a viable practice for the site in question. Dry grass swales and other similar measures shall also be encouraged wherever practical.
C.
All stormwater management improvements shall be properly maintained so as to continue to perform in their intended manner. A stormwater maintenance agreement may be required. Sediment shall, at a minimum, be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The Town Code Enforcement Officer, upon observing such improvements are not being so maintained, may direct a property owner to undertake such maintenance. Failure to comply after a minimum of 30 days' notice shall constitute a violation of this chapter.