Trenton Town City Zoning Code
ARTICLE IV
Districts and Their Permitted and Conditional Uses
§ 300-9 R-A Residential Agricultural District.
The purpose of the R-A Residential Agricultural District is to recognize those rural lands in the Town suitable to accommodate appropriately the rural residential and agricultural pursuits as permitted or conditional uses cited in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 300-10 R-R Residential Rural District.
The purpose of the R-R Residential Rural District is to recognize those areas of the Town well-suited to residential and other rural uses at a less intensive settlement pattern than provided for in the medium-density districts by providing for the uses as permitted or conditional uses cited in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 300-11 R 1.5 Low-Density Residential District.
The purpose of the R 1.5 Low-Density Residential District is to recognize those lands best suited for low-density, single-family and multiple-dwelling residential purposes because of physical characteristics of the land and the character of existing uses as permitted or conditional uses cited in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 300-12 R 1.0 Medium-Density Residential District.
The purpose of the R 1.0 Medium-Density Residential District is to recognize areas of concentrated residential and appropriate public/semipublic uses at the periphery of incorporated villages or elsewhere where established uses and present densities are as permitted or conditional uses cited in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 300-13 R-M (Existing) Residential Mobile Home District.
The purpose of the R-M (Existing) Residential Mobile Home District is to recognize existing mobile home parks to provide for these uses in these locations by allowing for use as permitted or conditional uses cited in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 300-14 C-B commercial uses.
C-B-1 Neighborhood Commercial Business District. The purpose of the C-B-1 Neighborhood Commercial Business District is to recognize established neighborhood business and commerce in the Town, to protect it from detrimental intrusion and to provide for its expansion by allowing for uses as permitted or conditional uses cited in Schedule A.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C-B-2 Highway Commercial Business District. The purpose of the C-B-2 Highway Commercial Business District is to provide for highway-related business and commerce in the Town, to protect it from detrimental intrusion and to provide for its expansion by allowing uses as permitted or conditional uses cited in Schedule A.[2]
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
C-B-3 Industrial Commercial Business District. The purpose of the C-B-3 Industrial Commercial Business District is to provide for industrial business and commerce in the Town, to protect it from detrimental intrusion and to provide for its expansion by allowing uses as permitted or conditional uses cited in Schedule A.[3]
[3]
Editor's Note: Schedule A is included as an attachment to this chapter.
C-E Commercial Excavation. Mining, digging, scraping or excavation conducted for commercial extraction of earth and mineral products.
§ 300-15 W-O Wellhead Protection Overlay District.
Purpose.
The purpose of the Wellhead Protection Overlay (W-O) District is to protect the supply of safe and healthful drinking water for the residents, the employees and the general public of the Town of Trenton, the Village of Barneveld, and the Village of Prospect through the preservation of the groundwater resources.
The careful regulation of development activities within the W-O District will reduce the potential for groundwater contamination. The W-O District will preserve and maintain the groundwater, aquifers and recharge areas. It will also help protect these resources from possible negative impacts of certain land uses. Additionally, the W-O District will help to conserve the natural resources of the Town and prevent pollution of the environment.
The W-O District shall be considered as overlaying other districts as indicated on the Zoning Map for the Town of Trenton, New York.[1] Any use not permitted in the underlying district shall not be permitted in the W-O District. Any uses permitted in the underlying district shall be permitted in the W-O District except as otherwise prohibited or restricted herein. When regulations conflict with one another, the higher or stricter standard shall prevail.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of the print edition of this Code.
A special use permit application and any other requirements of the underlying district must be complied with. Such requirements are not removed by the W-O zoning.
Wellhead protection areas.
Two areas in the Town shall be zoned for the W-O District. One such area shall be the wellhead protection area as determined by the Local Wellhead Protection Program Study, Volume 1, Village of Barneveld Water Supply, of December 1991, as prepared by the Herkimer-Oneida Counties Comprehensive Planning Program; the other such area shall be the wellhead protection area as determined by the Local Wellhead Protection Program Study, Volume 14, Village of Prospect Water Supply, of December 1991, as prepared by the Herkimer-Oneida Counties Comprehensive Planning Program.
At the request of the owner(s) of land which has been included in the W-O District, the Town Board may engage a professional hydrogeologist or geologist to determine more accurately the location and extent of an aquifer or recharge area. The costs of such determination shall be borne by such landowner(s).
Prohibited uses and activities. The following uses and activities are specifically prohibited in the W-O District:
Solid waste management facility (including any facility which requires a permit under 6 NYCRR Part 360).
Junkyards.
Disposal of snow or sand that contains deicing chemicals and that has been transported from areas outside the W-O District.
Storage of manure not being used for the primary purpose of agriculture.
Surface land application of septage, sludge or human excreta.
Discharge, surface land application or disposal of any hazardous substance, hazardous waste, petroleum or radioactive material.
The application of liquid or solid pesticide, herbicide or fertilizer, unless for agricultural purposes and done in accordance with generally accepted best management practices.
New mining or excavation activities. (Existing operations are exempt from this provision).
Site plan review submission requirements.
Any use otherwise permitted or regulated in the WO District must undergo site plan review and approval by the Planning Board.
An applicant proposing a use in the W-O District shall submit a site plan to the Planning Board containing the following information:
A map and a report including the location of the premises and plans indicating all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of stormwater, process wastes, hazardous substances and wastes, solid wastes and incidental wastes.
A complete list, including an estimate of the volume in pounds' dry weight and liquid gallons, of all petroleum, chemicals, pesticides, fuels and other hazardous substances to be used, generated, stored or disposed of on the premises.
A description of proposed measures to protect all storage containers or facilities associated with such materials from vandalism, accidental damage, corrosion and leakage.
A description of proposed storage facilities for hazardous wastes and provisions for the disposal of these wastes by licensed waste haulers.
A description of proposed measures to control runoff and drainage from the site or a stormwater management and erosion and sedimentation control plan.
A landscape plan that indicates predevelopment areas of undisturbed, natural vegetation and proposed postdevelopment areas of undisturbed, natural vegetation and fertilized vegetation.
Copies of any permits and applications made to any other governmental agencies.
Location, design, proposed use and height of buildings.
Location, design and type of construction of all parking and loading areas indicating points of ingress and egress.
Description of the sewage disposal system and its location.
Description and location of the water source.
A completed SEQR environmental assessment form.
Information and materials as may be required elsewhere in this section.
Any other information which the Planning Board may determine to be pertinent to the application.
The Planning Board may waive any of the requirements of this subsection if it is agreed that such information is not necessary to make a determination of whether a proposed use will or will not impact the water resources. The Planning Board shall include as an addendum to the site plan a list of these requirements which are not applicable and a written description documenting why those items are not applicable.
Site plan review criteria. In evaluating the projection of the aquifer, recharge areas, and the water supplies, the Planning Board shall give consideration to the simplicity, reliability and feasibility of the measures proposed and the degree of threat to water quality which would result if such measures failed.
Lot.
In the W-O District, no lot shall exceed 20% impervious surface area, and no proposed nonagricultural use shall retain less than 40% of the existing natural vegetation on the lot. Proposed areas of fertilized vegetation shall be located at the farthest practical location from any surface water body, private well municipal well, or spring.
The area of existing natural vegetation to be left on a lot shall be located so as to increase the distance between any surface water body, private well or municipal well and impervious surfaces, fertilized vegetation and/or on-site stormwater disposal or individual sewage treatment systems.
Stormwater runoff. In the W-O District, no use shall result in an increase in the frequency and occurrence of stormwater runoff from predevelopment conditions. In addition, the off-site impacts of erosion and sedimentation from the proposed use shall not be any greater during and following land disturbance activities than under predevelopment conditions.
Stormwater runoff shall be treated to prevent water quality degradation of the receiving water body, including groundwater.
All stormwater runoff from impervious surface areas shall be diverted to a nearby surface water body. If a nearby surface water body is unavailable or if other physical constraints prevent such diversion, all stormwater runoff from impervious surfaces shall be recharged into the groundwater on the site via infiltration trenches or infiltration basins.
The stormwater recharge area shall be at the farthest point practical from private and/or municipal wells and/or municipal springs.
Supplemental stormwater management practices such as open vegetated swales, vegetated buffer zones or filter strips may be used to complement the infiltration trenches and infiltration basins. Supplemental stormwater management practices shall not be used as a substitute for infiltration trenches and infiltration basins.
The design of infiltration trenches, infiltration basins, open vegetated swales, vegetated buffer zones and filter strips shall be in accordance with the design criteria for these stormwater management techniques as described in Chapter 6 of the NYS DEC manual "Reducing the Impacts of Stormwater Runoff from New Development."
Dry wells shall be used only where other methods may not be feasible, as determined by the Planning Board, due to physical constraints of the site. Dry wells shall be equipped with oil, grease and sediment traps.
Practices for controlling erosion and sedimentation shall be selected from the "New York Guidelines for Urban Erosions and Sediment Control" and the NYS DEC manual "Reducing the Impacts of Stormwater Runoff from New Development." The applicant shall prepare or have prepared a stormwater management and erosion control plan using the outline presented in Chapter 4 of the NYS DEC manual "Reducing the Impacts of Stormwater Runoff from New Development." The stormwater management and erosion control plan shall include, at a minimum, the following components:
Background information about the scope of the project.
A statement of stormwater management objectives and erosion and sediment control objectives.
A comparison of post development stormwater runoff conditions with predevelopment conditions. The applicant shall submit calculations of the volume of stormwater runoff and peak stormwater discharge rates under predevelopment and postdevelopment conditions for each of the following: the one-, two-, ten- and one-hundred-year, twenty-four-hour storm event. The applicant shall use the methodology described in the Soil Conservation Service's TR-20 or TR-55.
A description of proposed structural and vegetative stormwater management measures, including treatment for the "first flush," to ensure that the quantity, temporal distribution and quality of stormwater runoff during and after development is not substantially altered from predevelopment conditions. The applicant shall apply the standards and criteria for designing stormwater facilities to capture and treat the "first flush" as described in Chapters 5 and 6 of the NYS DEC manual "Reducing the Impacts of Stormwater Runoff from New Development."
A description of the temporary erosion and sediment control facilities to be used during land clearing, land grading and the construction phase.
A description of permanent erosion and sediment control facilities.
A description of the implementation schedule for staging of all stormwater management facilities that includes coordination with staging of erosion and sediment control facilities and construction activities.
A maintenance plan that describes the type and frequency of maintenance required by the stormwater management and erosion and sediment control facilities, arrangements for ensuring long-term maintenance of stormwater management and erosion and sediment control facilities, back-up contingency plans and the person(s) responsible for implementing the maintenance plan and performing the described maintenance.
The Planning Board may require that, in addition to the preparation of a stormwater management and erosion control plan, the applicant prepare a concise summary report that presents the pertinent information and conclusions contained in the stormwater management and erosion control plan.
Petroleum storage.
In the W-O District, all uses shall meet the following standards for storage of petroleum in new or replacement storage tanks and/or containers:
The preferred method of storage for petroleum used for on-site consumption shall be the installation of storage tanks indoors in the basement of or within the building where the petroleum will be consumed. Storage areas shall meet all applicable local, state and federal requirements. If site conditions or other constraints prevent such installation, then standards provided elsewhere in this subsection shall be observed.
The underground storage of petroleum is prohibited.
The outdoor, aboveground storage of petroleum, except for petroleum used for on-site consumption, is prohibited.
In the W-O District, indoor storage areas for petroleum shall meet all applicable local, state and federal requirements and the design requirements provided herein. Indoor storage areas for petroleum used for on-site consumption in residences and the indoor storage of petroleum in quantities necessary for household use (operating lawn care equipment, recreational vehicles, snow blowers, etc.) or agricultural use shall be exempt from the design requirements below.
Petroleum shall be stored in closed containers or in containers equipped with a lid.
All storage areas shall be equipped with a pad and a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. This secondary containment structure shall be designed to contain at least 120% of the volume of the largest container enclosed by the structure.
No storage areas shall be located in proximity to floor drains.
Storage areas shall be secured against unauthorized entry.
In the W-O District, outdoor, aboveground tanks for petroleum used for on-site consumption shall meet all applicable local, state and federal requirements.
The outdoor aboveground tanks for petroleum used for on-site consumption shall be equipped with a pad and a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. This containment structure shall be deigned to capture at least 120% of the volume of the largest tank enclosed by the containment structure.
All outdoor, aboveground tanks for petroleum used for on-site consumption shall be equipped with visual gauges to monitor fluid levels.
In the W-O District, the storage of petroleum in aboveground tanks with a combined storage capacity of over 1,100 gallons shall be in accordance with the NYS DEC Rules and Regulations for Petroleum Bulk Storage, 6 NYCRR 614. Additional design requirements for aboveground storage tanks shall include the following:
Piping for all aboveground storage tanks shall be equipped with secondary containment constructed of product-tight materials. Piping shall also be equipped with a leak monitoring system.
All aboveground tanks shall be equipped with a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. This containment structure shall be designed to contain at least 120% of the volume of the largest tank enclosed by the containment structure.
All outdoor storage areas and product transfer areas shall be equipped with a permanent covering or roof to protect tanks from adverse weather conditions and to prevent stormwater from accumulating in the containment area.
All product transfer areas shall be equipped with a spill pump which empties into a holding tank to catch and store any spilled petroleum and accumulated stormwater within the containment area until such time as it can be removed and properly treated and/or disposed of.
All aboveground tanks shall be equipped with visual gauges to monitor fluid levels.
Storage areas shall be secured against unauthorized entry.
In the W-O District, a spill control plan shall be prepared for any facility that stores over 1,100 gallons of petroleum. The spill control plan shall be posted in a conspicuous location. The spill control plan shall include, at a minimum, the following components:
A site plan illustrating the direction of stormwater and groundwater flow.
A description of operational procedures.
A description of potential spill sources.
The spill response training program for the operator/employees.
The names and telephone numbers of the persons responsible for responding to the spill.
The procedures for containing and cleaning up the spill.
The procedure for notifying the Town Board, NYS DEC and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 613 of the State of New York.
In the W-O District, following site development, the Zoning Enforcement Officer is authorized to perform periodic inspections of facilities that use or store petroleum to ensure that these facilities pose no threat to the water supply. The Zoning Enforcement Officer shall notify the owner and the owner's designee in writing of the planned inspection. The owner or the owner's designee shall grant the Zoning Enforcement Officer access to the site and to the petroleum storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for petroleum are in good operating condition and the facility is in compliance with the applicable requirements and standards.
Hazardous substance storage. In the W-O District, any use shall meet the following standards for storage of hazardous substances in new or replacement storage tanks or containers:
The underground storage or outdoor, aboveground storage of hazardous substances, pesticides, herbicides and fertilizers is prohibited.
Indoor storage areas for quantities of hazardous substances, pesticides, herbicides and fertilizers that total more than 250 pounds' dry weight or 50 gallons' liquid shall meet all applicable federal and state requirements and the additional design standards and requirements listed below.
All products shall be stored in product-tight containers equipped with a lid.
Each container shall be clearly and visibly labeled.
Drip pans shall be located under the spigots of drums or containers that are stored in a horizontal position on racks to catch spills/leaks. Drip pans shall be routinely emptied and the contents recycled, reused or disposed of appropriately.
All storage areas shall be equipped with a pad and a dike, berm or other containment structure constructed of material that is impervious to the product stored in the tank. This containment structure shall be designed to contain at least 120% of the volume of the largest container enclosed by the structure.
Storage areas shall be inspected by the applicant at least once a week for signs of leaks or spills, and the aisle space between containers shall be adequate to allow for inspections. A summary report, noting the results of weekly inspections, shall be prepared every six months and sent to the Zoning Enforcement Officer.
Absorbent materials such as cat litter, sawdust, soil or clay shall be kept on hand for emergency cleanups and containment in the event of a spill.
No storage areas shall be located in proximity to floor drains.
Storage areas shall be secured against unauthorized entry.
An accurate log or inventory of materials stored on site shall be maintained and provided to the Zoning Enforcement Officer annually.
A spill control plan shall be prepared and shall be posted in a conspicuous location. The indoor storage of hazardous substances, including pesticides, herbicides and fertilizers, in quantities less than 250 pounds' dry weight or 50 gallons' liquid, shall be exempt from the requirement to prepare a spill control plan. The spill control plan shall include, at a minimum, the following components:
A site plan illustrating the direction of stormwater and groundwater flow.
A description of operational procedures.
A description of potential spill sources.
The spill response training program for the operator/employees.
The names and telephone numbers of the persons responsible for responding to the spill.
The procedures for containing and cleaning up the spill.
The procedure for notifying the Town Board, NYS DEC and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Parts 595 and 597 of the State of New York.
The Zoning Enforcement Officer may perform periodic inspections of facilities that use or store hazardous substances to ensure that facilities pose no threat to the water supply. The Zoning Enforcement Officer shall notify the owner and the owner's designee in writing of the planned inspection. The owner or the owner's designee shall grant the Zoning Enforcement Officer access to the site and to the hazardous substance storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether aboveground storage containers for hazardous substances are in good operating condition and the facility is in compliance with the applicable requirements and standards.
Individual sewage treatment systems.
In the W-O District, individual sewage treatment systems shall comply with all applicable requirements of Part 75 of the Administrative Rules and Regulations, Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
In addition.
Percolation tests should be and are preferred to be conducted during March, April or May. However, percolation tests may be conducted during September, October or November as may be necessary.
No floor drains shall be connected to the septic system.
All individual sewage treatment systems installed to serve uses other than a one-family dwelling or a two-family dwelling shall be equipped with oil/grease separators to prevent clogging of the leaching field by fats, grease and oil.
Floor drains. In the W-O District, floor drains are required to be connected to a holding tank or to be connected to an oil and grit separating tank that is connected to the municipal sewer system or to be installed and maintained in a fashion and manner to drain out of the building above grade in an area that is open and clearly visible.
Hazardous waste storage and disposal. In the W-O District, any use shall comply with the following regulations regarding hazardous waste storage and disposal:
The underground storage or outdoor, aboveground storage of hazardous waste is prohibited.
The applicant shall demonstrate the availability and feasibility of indoor storage and proper disposal methods which are in conformance with all applicable local, state and federal laws for any hazardous waste to be produced in quantities greater than those associated with normal household or agricultural use. The applicant shall also demonstrate that wastes will be properly handled and stored until disposed of by a licensed waste hauler.
Any spill control plan required by this code for the storage of petroleum or hazardous substances shall include provisions for responding to an accidental discharge of hazardous waste and shall include, at a minimum, the following additional components that specifically address hazardous waste:
A description of potential hazardous waste spill sources.
The hazardous waste spill response training program for the employees.
The names and telephone numbers of the persons responsible for responding to the hazardous waste spill.
The procedures for containing and cleaning up the hazardous waste spill.
The procedure for notifying the Town Board, NYS DEC and other appropriate local and state officials of a hazardous waste spill, leak or other reportable discharge as defined in 6 NYCRR Part 372 of the State of New York.
The Zoning Enforcement Officer may perform periodic inspections of facilities that generate hazardous waste to ensure that these facilities pose no threat to the water supply. The Zoning Enforcement Officer shall notify the owner and the owner's designee in writing of the planned inspection. The owner or the owner's designee shall grant the Town Board and its designees access to the site and to the hazardous waste storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for hazardous wastes are in good operating condition and the facility is in compliance with the applicable requirements and standards.
Road salt storage and application. In the W-O District, the following regulations shall apply regarding road salt storage and application:
Safe alternatives to road salt (defined as sodium chloride), such as calcium chloride and sand, shall be used whenever possible. Signs shall be posted along roadways that receive no salt or reduced salt application to inform motorists.
The outdoor, unprotected storage of road salt or a sand/salt mixture is prohibited.
Site plan procedures.
Prior to submitting a formal application, the applicant may meet informally with the Planning Board to review the basic site design concept and generally determine the information to be required by the Planning Board in order to conduct the review. At such optional informal sketch plan conference the Planning Board may initially consider any waivers sought by the applicant per Subsection D of this section.
All applications for site plan approval shall be filed in writing with the Planning Board. The Planning Board may conduct a public hearing upon submission of a plan application and requested information. Such hearing shall be held not more than 62 days after the receipt of all requested information. In determining whether or not to hold a public hearing the Planning Board shall consider the size and complexity of the proposal and the level of public interest or controversy. Public notice of the hearing shall be advertised in the official Town newspaper at least 10 days prior to the hearing date.
Final action shall be taken not more than 62 days after the filing of a completed site plan application and requested information if a public hearing is not held unless extended by mutual consent of the applicant and the Planning Board. If a public hearing is held, then final action shall be taken not more than 62 days after such hearing unless extended by mutual consent of the applicant and the Planning Board.
Final action shall not be taken upon a site plan until the SEQR has been completed. Any and all time frames and deadlines are hereby extended and adjusted to comply with SEQR.
The Planning Board shall approve, approve with modifications or disapprove the site plan application and shall issue a written statement of such decision. The statement may include recommendations of desirable modifications to be incorporated in the site plan, and conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board shall provide relative reasons and findings. In such case the Planning Board may recommend further study of the site plan and resubmission of the site plan to the Planning Board after it has been revised or redesigned.
All actions and proceedings of the Planning Board shall be filed with the Town Clerk and made available for public review. A copy of such actions and proceedings shall be mailed to the applicant.
Appeals from any determination of the Planning Board under this section shall be in accordance with the provisions of Article 78 of the Civil Practice Law and Rules of the State of New York.
SEQR.
In accordance with 6 NYCRR Part 617, the State Environmental Quality Review Act (SEQR), the Planning Board shall review the environmental assessment form for each project and classify each project as Type I or as Type II or as unlisted.
If the project is a Type II, then the SEQR process is complete.
If the project is a Type I or if it is unlisted, then the Planning Board shall determine if the project poses a significant environmental impact. If no significant environmental impact is posed, then the Planning Board shall issue a negative declaration and the SEQR process is complete. If the project poses a significant environmental impact then the Planning Board shall issue a positive declaration and the applicant shall prepare an environmental impact statement.
If another agency is identified as a participant in the SEQR, then the Planning Board shall not issue a declaration until lead agency has been determined according to law.
External review and costs of review.
The Planning Board may consult with the Zoning Enforcement Officer, other Town and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, NYS DOT and NYS DEC, for advice in review of site plans.
Anticipated costs which the Planning Board expects to incur due to consulting services or other review costs shall be paid by the applicant and placed in an escrow account. Any unspent funds may be returned upon written request of the applicant within 90 days after the monthly Board meeting.
§ 300-16 L-C Land Conservation Districts (overlay).
The purposes of the L-C Land Conservation District are to enhance community appearance, to promote the use of scenic resources for the pleasure and welfare of the citizens of and visitors to the Town and to safeguard against damage due to natural causes such as flooding and water pollution.
Procedure. Within this Land Conservation District, which includes that area 150 feet on either side of the shoreline at normal water level of those streams and waterways and such additional area as delineated on the Zoning Map, all development will be in accord with the Town of Trenton Site Plan Review Law[1] and additionally what is set forth below.
[Amended 9-26-2012 by L.L. No. 10-2012]
Standards.
No permanent building or structure shall be located within 50 feet of the shoreline at normal water level, except as permitted by the Planning Board, in accordance with guidelines established by the Board and in accordance with those uses otherwise permitted in the district.
In addition, the setback of any permanent building from the shoreline shall be considered in relation to the slope of the land and the arrangement of any septic system and tile field, and such setback shall be as determined by the Planning Board to accomplish the purposes of the L-C District as outlined herein.[2]
Clearing of trees, stripping topsoil, grubbing and excavation, with the exception of activity associated with installation of a permitted septic treatment field, shall be considered a development under this code and shall require site plan review in accordance with this section. Activity within the LC areas shall be subject to site plan review and will, generally, be conducted in accordance with New York State Department of Environmental Conservation's current publication for best practices in a stream bank and/or riparian environment.
[Added 9-26-2012 by L.L. No. 10-2012]
§ 300-17 Planned development districts; mobile home courts.
[Added 6-21-2007 by L.L. No. 10-2007]
The purpose of planned development districts is to provide a means of developing those land areas within the community considered appropriate for new residential, recreational, commercial or industrial use, or a satisfactory combination of these uses, in an economic and compatible manner while encouraging the utilization of innovative planning and design concepts or techniques in these areas without departing from the spirit and intent of this chapter.
Procedure.
Procedure for the establishment of planned development districts.
Application for designation of P-R, P-Rec, P-C or PI Districts shall be referred to the Planning Board within 10 days of receipt. The applicant shall furnish basic data pertaining to the boundaries of the proposed development, the existing zoning, topography, drainage and soil conditions and such preliminary plans as may be required for an understanding of the type, uses and design of the proposed development.
The Planning Board and the Board's professional planning advisor shall review such application. The Planning Board may hold public information sessions to gather information and evaluate the proposal. The Board may require such changes in the preliminary plans as are found to be necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the community. In evaluating the proposal and in reaching its decision regarding the preliminary plans, the Planning Board shall consider and make findings regarding those considerations set forth under Subsection A(2)(c).
All applications for creation of a planned development district shall be referred to the Oneida County Planning Department, which may review and comment on the referral within 30 days.
The Town Planning Board shall report its findings and render its decision to the Town Board within 62 days following the first Planning Board meeting after receipt of all requested information. It may approve, disapprove or give conditional approval subject to modifications regarding the creation of the proposed planned development district.
The Town Board shall hold any public hearing after public notice as required for any amendment to this chapter and shall consider the report and recommendations of the Planning Board and all other comments, reviews and statements pertaining thereto. It may amend the Zoning Map to establish and define the type and boundaries of the planned development district, and in so doing may state specific conditions, in addition to those provided by this section, further restricting the nature or design of the development.
Amendment of the Zoning Map shall not constitute authorization to develop in the district.
Procedure for the approval of development within an established planned development district.
Authorization to proceed with development after a planned development district has been established or for development within a Land Conservation District shall require that the applicant submit to the Planning Board such plans and specifications, supporting documents and data as shall be required by the Board and specify on the plans and in writing the building types and layout, setbacks, off-street parking and loading, ingress and egress, signs, existing and proposed amenities, screening, planting and ornamental features and the plan or arrangement for development of the area in stages or in its entirety. For projects which propose uses cited as permitted, conditional or special permit uses in the CB-1, CB-2, CB-3, and CE Zones, the Planning Board shall be provided with plans and specifications consistent with the requirements of Chapter 243, Site Plan Review, § 243-5 of this Code and as specified herein.
[Amended 9-26-2012 by L.L. No. 10-2012]
A copy of the proposed development may be submitted to the Oneida County Planning Department for review.
The Planning Board and the Board's professional planning advisor shall set forth the particular ways in which the proposed development would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
The need for the proposed project.
In what respects the plan is or is not consistent with the stated purposes of a planned development district.
The extent to which the plan departs from zoning regulations formerly applicable to the property in question, including but not limited to bulk, density and permitted uses.
The existing character of the neighborhood and the relationship, beneficial or adverse, of the proposed development to this neighborhood.
The location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity, including bulk and height.
The provision for pedestrian circulation and open space in the planned development; the reliability of the proposal for maintenance and conservation of common open space and pedestrian circulation as related to the proposed density and type of development.
The traffic circulation features within the site, including the amount of, location of and access to automobile parking and terminal loading areas.
The amount of traffic generated at peak hours and the provisions for adequately handling such volumes, with particular reference to points of ingress and egress, potential hazards, such as inadequate site distances and intersection design, and the nature and suitability of the connecting street or highway system to absorb the anticipated changes.
The provision for storm, sanitary and solid waste disposal and other utilities on and adjacent to the site.
The proposed location, type and size of signs and landscape features.
The physical design of the plan and the manner in which said design does or does not make adequate provision for service demands (roadways, water, sewer, fire, etc.), provide adequate control over vehicular traffic and further the amenities of light, air and visual enjoyment.
No permit shall be issued until the Planning Board has made its determination based on the foregoing considerations and the Town Board has considered this determination and any review by the Oneida County Planning Department and authorized issuance of a permit by resolution. The Town Board may override the recommendation of the Planning Board in adopting its resolution to authorize or deny a permit only by an affirmative vote of a three-fourths majority of the Town Board.
All conditions imposed by the Town Board in its amendment and all subsequent conditions imposed by the Planning Board or Town Board in its review of the final plans, including any conditions the performance of which may be conditions precedent to the issuance of any permit, shall run with the land and shall not lapse or be waived as a result of any change in tenancy or ownership of any or all of the designated district.
Notification of action taken will be given to the Oneida County Planning Department within seven days of such action on matters previously referred to and reviewed by such Department in accord with General Municipal Law § 239-m.
If construction of the development in accordance with the approved plans and specifications has not begun within one year after the date of the resolution authorizing issuance of the permit, all permits shall be come null and void. The approval shall be deemed revoked and vacated and the Town Board shall have the authority to again amend the map to restore the zoning designation for the district to that which it had been prior to the application or any other district.
Special applicability. Creation, expansion, extension or alteration of any mobile home court shall be in accord with the following minimum requirements:
[Amended 9-26-2012 by L.L. No. 9-2012]
All mobile home courts shall be located and maintained only in those districts as permitted in this chapter and in accord with the standards herein. All proposed mobile home courts shall be subject to and developed according to the planned development district procedures set forth above.
All existing mobile home courts of record shall be exempt from these regulations, except that they shall comply with them whenever any addition, expansion or alteration of the use or operation is proposed and that they shall be required to obtain an annual operating permit. All existing mobile home courts shall be limited to the number and size of mobile homes presently accommodated at the time of adoption of this chapter, except as they shall meet the minimum requirements, as well as any ordinance provisions or regulations presently in existence in the Town of Trenton governing mobile home courts and parks not in conflict with this chapter, which shall continue and are incorporated herein as though fully set forth herein. In addition, existing courts shall comply in every regard with minimum standards for health, sanitation and cleanliness.
A mobile home court shall have a minimum lot size of five acres.
Within the mobile home court, minimum lot size for individual mobile homes shall be 6,000 square feet; and within the individual mobile home lot, yard requirements shall be as follows:
Type of Yard | Dimension (feet) | |
|---|---|---|
Front | 20 | |
Side, each | 15 | |
Rear | 15 |
Sanitary facilities. All water supply and sewage disposal systems will comply with all applicable Town, county, state and federal regulations. Provisions for the following shall be reviewed and approved by the Planning Board:
Mechanical, electrical and plumbing installations and systems. All mechanical, electrical and plumbing installations and systems shall comply with all applicable Town, county, state and federal regulations.
Roadways.
No individual mobile home within a mobile home court will have access to an existing street.
Internal roadways within a mobile home court shall have a minimum right-of-way and a minimum paved or surface course in accord with Chapter 264, Subdivision of Land, of this Code of the Town of Trenton.
Off-street parking. A minimum of two off-street parking spaces shall be provided for each mobile home lot in the mobile home court outside the right-of-way and shall otherwise comply with off-street parking requirements as set forth elsewhere in this chapter.[1]
Recreation area. Open space areas of up to 10% of the total land area suitable for recreation and play purposes shall be designated on the site plan and shall be an integral part of any proposed mobile home court.
Improvements.
Each mobile home owner/tenant shall be required to enclose the bottom portion of the mobile home and shall comply with individual park, Town, country, state and federal regulations.
Sidewalks, lighting and landscaping shall be in keeping with surrounding development, the unique features of the site and the health and safety of the occupants of the mobile home court as set forth in the presently existing ordinances of the Town of Trenton governing mobile home courts and/or parks not in conflict with this chapter, which shall continue and are incorporated herein as though fully set forth herein. Attractive site development and landscaping shall be a consideration in determining the adequacy of the proposed mobile home court.
Permits.
No mobile home court shall be established in the Town until a permit has been applied for and granted in compliance with this section. All permits for the operation of a mobile home court shall be approved or denied by the Town Board after referral to and recommendation by the Zoning Enforcement Officer and Planning Board.
At the end of the calendar year in which the initial permit has been issued, a yearly operating permit must be obtained. All yearly operating permits shall be effective from January 1 until December 31 of the calendar year of their issuance. An application for a renewable operating permit shall be made to the Town Clerk 60 days prior to the expiration date of the previous permit. The Town Board shall issue or deny such permit in accord with the requirements set forth in these and other applicable regulations and the established fee schedule. In making its determination, the Town Board shall consult with the Zoning Enforcement Officer and Building Code Enforcement Officer.
§ 300-18 SR Seasonal Resort District.
[Added 6-21-2007 by L.L. No. 10-2007]
Purpose.
The purpose of the SR District is to recognize a unique parcel of land owned by an association upon which are located seasonal residential cottages and accessory buildings each owned separately by individuals. The association is governed by a Board of Directors which promulgates rules and regulations for its members and the association's benefit.
The careful regulation of development activities within this district will ensure the historical integrity of this property while also guaranteeing compliance with state and local codes which will protect the safety, health and welfare of the members and their properties.
Regulations.
Existing structures. Any changes, including additions, enlargements, enhancements, etc., to existing structures shall meet the following conditions:
Comply with the NYS Building Code and Fire Code.
Comply with NYS Health Department regulations.
The distance between the edge of the existing roadway and the new addition or enlarged part of the structure will be no less than 15 feet.
Between structures from any point or direction from the addition or enlarged part of the structure will be no less than 7 1/2 feet from the midway point between the existing structures at the closest points. The midway line shall be the locus of points equidistant from two structures, which shall be determined according to the configuration of the structures as of June 21, 2007.
The distance from the nearest lot line will be no closer than 50 feet.
The construction of any new structures built after the date of adoption of this section within an existing seasonal resort shall meet the following conditions:
Comply with the NYS Building Code and Fire Code.
Comply with NYS Health Department regulations.
The distance between the edge of the existing roadway and the structure will be no less than 25 feet.
The distance between any two structures from any point or direction will be no less than 25 feet.
The distance from the nearest lot line will be no closer than 60 feet.
A permit for any construction must be signed by the structure owner and by a representative of the governing body.