West Seneca City Zoning Code
ARTICLE IIA
Industrial Park Overlay Review District
§ 120-28.1 Establishment of district.
There is hereby established an Industrial Park Overlay Review District or the "Park" which shall be a special zoning district within the Town of West Seneca or the "town." The Industrial Park Overlay Review District shall be overlaid upon existing zoning districts in areas of commercial, manufacturing and industrial use as shown on maps in the offices of the Town Clerk and the Department of Engineering, and the boundaries of such district are described as follows:
A.
Parcel A. All that tract or parcel of land situate in the Town of West Seneca, County of Erie, State of New York, and being part of Lots 201, 206, 209, 214, 217, 226, 229, 241, 244, 255, 258, 267, 270, 285, 284, 283, 286 and 271, Township 10, Range 7, of the Holland Land Company's survey, bounded and described as follows: Beginning at a point in the east line of Ransier Road, said point of beginning being 200.00 feet southerly of the northwest corner of lands conveyed by Liber 9633 of Deeds at Page 150; thence S 89º 11' 21" E, a distance of 270.01 feet to a point; thence N 00º 48' 55" E, a distance of 200.00 feet to a point; thence S 89º 11' 21" E, a distance of 521.39 feet to a point; thence N 00º 49' 39" E, a distance of 568.14 feet to a point; thence S 88º 57' 14" E, a distance of 151.54 feet to a point in the west line of Lot 209; thence S 00º 49' 39" W, along the west line of Lot 209, a distance of 100.00 feet to a point; thence S 88º 57' 14" E, a distance of 330.00 feet to a point; thence N 00º 49' 39" E, a distance of 100.01 feet to a point; thence S 88º 57' 14" E, a distance of 337.14 feet to a point on the west line of Lot 214; thence S 88º 54' 43" E, a distance of 666.17 feet to a point in the west line of Lot 217; thence S 88º 56' 36" E, a distance of 660.66 feet to a point in the west line of Lot 226; thence S 00º 35' 18" W, along the west line of Lot 226, a distance of 33.01 feet to a point; thence S 88º 42' 42" E, a distance of 661.51 feet to a point in the west line of Lot 229; thence N 00º 38' 11" E, along the west line of Lot 229, a distance of 33.02 feet to a point; thence S 89º 04' 23" E, a distance of 599.12 feet to a point; thence S 00º 38' 11" W, a distance of 33.00 feet to a point; thence S 89º 04' 23" E, a distance of 65.00 feet to a point in the west line of Lot 241; thence N 00º 38' 11" E, along the west line of Lot 241, a distance of 33.01 feet to a point; thence S 89º 27' 34" E, a distance of 441.00 feet to a point; thence S 00º 38' 11" W, a distance of 232.08 feet to a point; thence S 88º 42' 17" E, a distance of 662.91 feet to a point; thence S 00º 51' 25" W, a distance of 1,572.53 feet to a point in the north line of Lot 245; thence S 89º 25' 25" E, along the north line of Lot 245, a distance of 225.00 feet to a point in the northeast corner of Lot 245; thence N 00º 51' 25" E, along the west line of Lot 255, a distance of 1,627.14 feet to a point; thence S 89º 20' 07" E, a distance of 392.21 feet to a point; thence S 00º 54' 37" W, a distance of 91.99 feet to a point; thence S 89º 20' 07" E, a distance of 392.70 feet to a point; thence N 00º 54' 37" E, a distance of 254.12 feet to a point; thence S 89º 23' 21" E, a distance of 142.49 feet to a point; thence N 00º 14' 08" E, a distance of 33.00 feet to a point; thence S 89º 23' 21" E, a distance of 495.01 feet to a point; thence S 00º 14' 08" W, a distance of 100.00 feet to a point; thence S 89º 23' 21" E, a distance of 415.10 feet to a point in the west line of Lot 270; thence S 00º 14' 08" W, along the west line of Lot 270, a distance of 100.00 feet to a point; thence S 89º 30' 50" E, a distance of 458.45 feet to a point; thence N 00º 31' 59" E, a distance of 200.00 feet to a point; thence S 89 30' 50" E, a distance of 144.38 feet to a point; thence S 00º 31' 59" W, a distance of 33.00 feet to a point; thence S 89º 30' 50" E, a distance of 518.06 feet to a point; thence S 00º 31' 59" W, a distance of 289.50 feet to a point; thence S 89º 30' 50" E, a distance of 206.28 feet to a point in the west line of Lot 286; thence S 00º 31' 59" W, along the west line of Lot 286, a distance of 1,489.96 feet to a point in the northeast corner of Lot 284; thence S 89º 35' 57" E, along the north line of Lot 283, a distance of 71.30 feet to a point; thence S 00º 12' 14" W, a distance of 1,583.34 feet to a point; thence S 89º 35' 57" E, a distance of 441.00 feet to the center line of Lein Road (66 feet wide); thence S 00º 12' 14" W, along the center line of Lein Road, a distance of 195.42 feet to a point in the north line of Conrail lands; thence N 82º 15' 05" W, along the north line of said Conrail lands, a distance of 1,847.94 feet to a point on the west line of Lot 271; thence north, along the west line of Lot 271, a distance of 1,542.42 feet to a point in the northeast corner of Lot 266; thence west, along the north line of lands conveyed to New York State Electric and Gas Corporation (NYSEG) recorded in the Erie County Clerk's Office in Liber 6274 of Deeds at Page 23, also being the south line of Lots 267, 258, 255, 244, 241, 229, 226, 217, 214, 209 and 206, a distance of 7172.14 feet to a point in the southwest corner of Lot 206; thence N 01º 28' 47" E, along the west line of Lot 206, a distance of 396.03 feet to a point; thence N 89º 11' 21" W, a distance of 313.52 feet to a point in the center line of Ransier Road; thence N 00º 48' 55", along the center line of Ransier Road, a distance of 372.54 feet to the point or place of beginning.
B.
Parcel B. All that tract or parcel of land situate in the Town of West Seneca, County of Erie, State of New York and being part of Lots 205, 210, 213, 218, 225, 230, 240, 245, 254, 259 and 266, Township 10, Range 7, of the Holland Land Company's survey, bounded and described as follows: Beginning at the northwest corner of lands conveyed to New York State Electric and Gas Corporation (NYSEG) recorded in the Erie County Clerk's Office in Liber 6274 of Deeds at Page 23, being further described as a point in the north line of Lot 205; thence east, along the north line of said NYSEG lands and the north line of the following Lots: 205, 210, 213, 218, 225, 230, 240, 245, 254, 259 and 266 to a point in the northeast corner of Lot 266; thence south, along the east line of Lot 266, a distance of 1,542.42 feet to a point in the north line of the Conrail lands; thence N 82º 15' 05" W, along the northerly lands of Conrail, a distance of 3,052.93 feet to an angle point therein; continuing thence N 75º 49' 32" W, along said Conrail lands, a distance of 1,155.95 feet to an angle point therein; continuing thence N 82º 02' 14" W, along said Conrail lands, a distance of 470.00 feet to a point; continuing thence S 07º 57' 46" W, along said Conrail lands, a distance of 190.00 feet to a point; continuing thence N 82º 14' 03" W, along said Conrail lands, a distance of 539.87 feet to a point; thence N 00º 35' 18" E, a distance of 804.86 feet to a point; thence N 89º 05' 02" W, along the south line of said NYSEG lands, a distance of 665.50 feet to a point in the east line of Lot 210; thence N 88º 27' 22" W, continuing along the south line of said NYSEG lands, a distance of 674.89 feet to a point in the east line of Lot 205; thence N 89º 11' 21" W, continuing along the south line of said NYSEG lands, a distance of 377.80 feet to the southwest corner thereof; thence N 00º 48' 55" E, along the west line of said NYSEG lands, a distance of 150.00 feet to the point or place of beginning; excepting, however, all lands 300.00 feet south measured from the center line of Seneca Creek Road between the east line of Ransier Road (extended north to the center line of Seneca Creek Road) and the west line of Lein Road.
§ 120-28.2 Objectives and purpose.
A.
The objectives and purposes of establishing the Industrial Park Overlay Review District are to:
(1)
Develop a high quality industrial park complex and provide a balance between the requirements of new industries and the community's desire for an attractive environment.
(2)
Attract growth-oriented, light manufacturing service and distribution firms into the town and to encourage new industry and investment in the town resulting from trade between the United States, Canada and other nations.
(3)
Attract new industry to the town, expand the tax base of the town, improve the town's ability to retain existing industries in the town and promote employment opportunities.
(4)
Redevelop and replan unsanitary and substandard vacant areas in the town and provide a land area for balanced light industrial use to promote and encourage the sound economic growth of the town, the County of Erie and the Western New York region.
(5)
Remedy inadequate access and unsuitable topographic and other physical conditions impeding the economic development of the park property.
(6)
Increase the amount of land in the town, County of Erie and Western New York region available for industrial development by converting lots of such form, shape or size, which are incapable of effective development, into developable industrial sites.
(7)
Construct improved road, water, sanitary sewer, surface drainage and necessary utility systems and infrastructure improvements to promote commercial, manufacturing and industrial development of the Park.
(8)
Promote efficient use of land resulting in lesser burden on utilities, streets, water resources and sewer facilities and prevent soil erosion and promote preservation of usable open space.
(9)
Promote the creative use of land and related physical development which allows for an orderly transition of land from vacant to commercial-industrial uses.
(10)
Minimize and mitigate adverse environmental impacts that may be caused by development of the Park and establish a more desirable environment than would be possible through strict application of other sections of this chapter.
B.
The Town Board finds that to achieve the objectives set forth above, it is necessary and appropriate to establish a general overall plan for the improvement and development of commercial, manufacturing and industrial uses, whereby the town imposes standards for the benefit of all of the landowners, operators and tenants in the Park and for the benefit of the Town of West Seneca and the community in general. It is the intent of this Article to provide flexible land use and design regulations through the use of performance standards and criteria so that small- to large-scale commercial, manufacturing and industrial uses may be developed within the Park property in a manner which incorporates a variety of commercial, manufacturing and industrial uses and achieves the objectives and purposes of this Article to the maximum extent practicable.
C.
Among the purposes of this Article are the encouragement of innovation in land development so that the growing need of economic development in the town, County of Erie and Western New York region may be met by a greater variety in type, design and siting of structures, the conservation and more efficient use of land in such developments and the encouragement and maintenance of environmental quality throughout the Park development. Therefore, in lieu of existing zoning and subdivision controls otherwise applicable to park property, this Article establishes new procedures and substantive requirements under which a developer may prepare and implement development plans particularly designed to meet the objectives of this Article.
D.
The Town Board further finds that the objectives, purposes, procedures and substantive standards and criteria of this Article are in accordance with the Comprehensive Development Plan for the Town of West Seneca and in accordance with the purposes of this chapter set forth in § 120-1.1.
E.
To encourage coordinated and planned development of Park property and to achieve the objectives of this Article, the Town Board hereby declares that the Park property is now held, and that all land and buildings therein shall only be developed, used, transferred, sold, leased, conveyed and occupied, subject to the restrictions and provisions herein set forth. Each owner, operator or tenant of any parcel or building in the Park shall use the Park only in accordance with the provisions and restrictions herein set forth and shall refrain from using the Park in any way inconsistent with or prohibited by the provisions of this Article and other applicable provisions of the ordinances of the Town of West Seneca and the laws and regulations of the County of Erie, State of New York and United States of America.
§ 120-28.3 Restricted use permit required.
§ 120-28.4 Applicability of other regulations; development plan; use restrictions.
A.
General. Except as otherwise provided herein, any of the uses which presently are permitted under zoning district regulations of this chapter of the Code of the Town of West Seneca or which may be established or extended pursuant to such chapter shall be permitted uses in the Industrial Park Overlay Review District, but only upon the issuance of a restricted use permit as provided by this Article. This Article's requirement of a restricted use permit shall be in lieu of any existing zoning ordinance requirements for issuance of a special use permit, and all requirements for a special use permit for uses in the Park property shall be deemed inapplicable.
B.
Other authorities. Except as otherwise provided herein, all other town ordinances or other local laws, rules or regulations shall be applicable to development and use of the Park; provided, however, that the Town Board may waive or modify the application of any other ordinance, local law, rule or regulation it deems is inconsistent or more stringent than the procedures and substantive requirements of this Article.
C.
Development and subdivision reviews. Site plan review and approval under the provisions of this Article shall suffice for all Town Board and other town review of subdivision regulations and shall suffice to satisfy all preconditions of filing a subdivision plat in the form referred to below, subject to the following:
(1)
The Town Board shall review and approve of all subdivision of Park property in lieu of the Town Planning Board. Information on a preliminary and final plat shall be provided in accordance with informational requirements set forth in Chapter 103, Subdivision of Land, of the Code of the Town of West Seneca, and shall be prepared in sets of subdivision plats, as specified in said Chapter 103, suitable for filing with the offices of the Town and County Clerks. Appropriate town officials, as designated by the Town Board, shall provide such endorsements thereon or other evidences of such approval as may be necessary to effect such filing. The Town Board shall review such plats according to the substantive standards prescribed in said Chapter 103 and according to procedures it may otherwise prescribe.
(2)
Except as otherwise provided herein, Chapter 103, Subdivision of Land, of the Town Code shall not apply to division and development of property within the Park, and notwithstanding such Chapter 103, a subdivision of property within the park shall mean a division of any parcel of land into five or more lots, plots, blocks or sites with or without streets or highways. Such subdivision shall include resubdivision of parcels of land for which an approved plat has already been filed in the office of the County Clerk and which is entirely or partially undeveloped.
(3)
If a person wishes to phase development he may submit only those phases he wishes to develop for site plan approval in accordance with his phasing plan. If development within the Park is to be implemented in phases, each phase shown on a site must have adequate provision for access, parking, open space, drainage and stormwater management, water availability and sewage disposal and other improvements in accordance with the applicable site plan approval criteria set forth in this Article. Each phase shall contain facilities to appropriately serve the functions described in the preceding sentence in the event that other phases of the Park development are not constructed.
(4)
No building permits shall be issued for construction within the park until public road access, drainage and all utility improvements are installed or a performance bond is posted in accordance with procedures established by the Town Board or a firm contract or commitment to provide such improvements is delivered to the town, upon terms and conditions acceptable to the Town Board, by the person willing to undertake such commitment or contract.
D.
Permitted and beneficial Park uses.
(1)
Among the purposes of the Park are the development of high technology, research, development, manufacturing, offices and related support services, distribution and warehousing facilities. Land uses within the Park will be designed and located in such a manner that they will neither encroach upon surrounding uses nor will surrounding uses interfere with efficient development of these facilities. Property uses will be subject to performance standards established in this Article.
(2)
Subject to issuance of a restricted use permit and compliance with this Article, the following land uses are deemed permitted and best promote the purposes and objectives of the Park:
(a)
Research-development facilities, including but not limited to experimental, research and testing facilities, including but not limited to the construction and operation of small-scale experimental and pilot plant operations and production operations, if ancillary to or resulting from a permitted experimental research or testing operation.
(b)
Compounding, manufacturing, fabricating and assembly facilities, including but not limited to:
[1]
Electrical and electronic equipment and appliances, electronic instruments and devices.
[2]
Household items, furniture and furnishings, office equipment.
[3]
Musical, scientific, medical, dental and photographic instruments, equipment and supplies.
[4]
Recreational equipment and toys.
[5]
Clothing and other textile products.
[6]
Pharmaceutical products, cosmetics and toiletries.
[7]
Panels, sheets, tubes and rods.
[8]
Automobile and boating products and accessories from previously prepared materials.
[9]
Printing, publishing and engraving.
[10]
Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared or recycled materials: bone, cellophane, canvas, cloth, cork, feathers, steel, ferrous materials, felt, fiber, fur, glass, hair, leather, paper, plastics, precious or semiprecious metals or stones, light sheet metals, shell, textile, tobacco, wire, yarns, wood not involving planing mills, and paint not employing a boiling process, steel, copper, aluminum and other metal alloys.
[11]
Manufacturing of pottery and figurines or other similar ceramic products.
(c)
Warehousing and wholesale distribution and transportation.
(d)
Retail or wholesale sale of products manufactured compounded, assembled or stored in the Park.
(e)
Manufacturing, processing, treatment, packaging, warehousing, storage and distribution of food, frozen food and beverages.
(f)
Offices for commercial and professional use, including but not limited to: optician, optometrist, medical or osteopathic physician, dentist, chiropedist, podiatrist, physiotherapist, chiropractor, lawyer, engineer, architect, accountant, insurance agent or real estate agent.
E.
Prohibited uses. The Town Board has determined that the following uses do not promote the objectives of this Article and hence are prohibited from being established or extended within the park property:
(1)
Single-family, two-family and multiple-family dwellings, mobile home parks and any private garages accessory thereto.
(2)
Church or similar place of worship, parish house, convent, rectory or parsonage.
(3)
Private, nonprofit elementary or secondary school accredited by the New York State Department of Education.
(4)
Private stables and barns.
(5)
Storage of house trailers, utility trailers and boats owned by the occupant of the premises for his or her personal use.
(7)
Agricultural and horticultural operations conducted for personal use or commercial gain, including but not limited to plant nurseries, greenhouses and truck farms; provided, however, that such operations are permissible in connection with or incidental to any research, experimental or development activity otherwise permitted herein.
(8)
Husbandry operations, including the raising and breeding of poultry, farm animals or fur-bearing animals; provided, however, that such operations are permissible in connection with or incidental to any research, experimental or development activity otherwise permitted herein.
(9)
Veterinarian, small animal hospital or animal kennels.
(10)
Commercial picnic grove or any refreshment stand dispensing food and beverages incidental to the operation of a commercial picnic grove.
(11)
Art, dance, music or photographer's studio.
(12)
Meeting rooms for private clubs, lodges or fraternal organizations.
(13)
Nursing or convalescent home.
(14)
Nonprofit institutions for charitable, religious, cultural or community social purposes.
(15)
Hospital.
(16)
College, library or historical building.
(17)
Hotel, motel or other transient habitation facilities.
(18)
Restaurant, cafeteria or newsstand services, except when conducted as an incident and accessory to a commercial, manufacturing or industrial use otherwise permitted by this Article and entered from within the building.
(19)
Personal service establishments; for example, barbershop, beauty shop, laundry, dry cleaners or shoe repair, except as an accessory use made available to the occupants and persons employed on Park property.
(20)
Day-care center and or day nursery, except as an accessory use made available to the occupants and persons employed on Park property.
(21)
Bus terminal facilities.
(22)
Cider mill, creamery or milk-bottling plant.
(23)
Drive-in or other theater.
(24)
Golf driving ranges, baseball batting ranges, volleyball courts, ice hockey and other public recreational centers.
(26)
Junkyards, including autowrecking and dismantling.
(27)
Animal slaughterhouses, stockyards, abattoir or facilities for the rendering of grease, tallow or fats.
F.
Uses not specifically enumerated above nor specifically prohibited may be permitted with the approval of the Town Board, so long as the uses in question are compatible with adjacent uses and are consistent with the purposes and objectives of this Article.
§ 120-28.5 Application procedures for restricted use permits.
A.
Application. Any person seeking to establish or extend a use deemed restricted hereby or to construct, modify or remodel any building or improvement which will be devoted to such a use shall file an application for a restricted use permit on forms to be supplied by the Town Building Inspector. Such forms shall be completed by the applicant. The application shall include information to the extent applicable to such use or project, set forth in the checklist in Appendix A attached hereto and made a part hereof.[1] In addition, the applicant shall certify compliance with all other applicable ordinances, laws and regulations. The applicant shall file such application with the Town Building Inspector, together with filing fees in accordance with a schedule adopted from time to time by the Town Board. Upon filing, all applications and exhibits thereto shall be made available for public inspection.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Reviews and recommendation to the Town Board.
(1)
Within three days of receipt of a complete application, the Town Building Inspector shall forward a copy of such application to the Town Clerk and the Town Board. Promptly after such filing, the Town Building Inspector shall review such application with a Park Review Committee whose members shall include the Town Building Inspector, the Town Engineer, the Town Fire Inspector, the Chairman of the Town Planning Board and a person appointed by the Town Board. The Town Building Inspector shall serve as Chairman of the Park Review Committee. As deemed desirable or necessary by such Committee, the application may also be reviewed by other local, county, state or federal officials whose jurisdictions affect the applicant's proposal. Notwithstanding the provisions of Chapter 67, Environmental Quality Review, of the Town Code, the Park Review Committee, in lieu of the Technical Advisory Committee designated therein, shall initiate review of such application in accordance with the requirements of said Chapter 67 and of the State Environmental Quality Review Act[2] and all applicable regulations thereto and make an advisory report to the Town Board of its review. The Town Board shall make its own review and determinations pursuant to the State Environmental Quality Review Act and all applicable regulations thereto.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(2)
Based upon the Park Review Committee's coordinated review, the Town Building Inspector shall deliver an advisory report with written recommendations to the Town Board to approve or deny such application, and any conditions or restrictions that are recommended to be attached to the restricted use permit, if it is issued. The Town Building Inspector's report shall expressly state the extent to which such application complies with the review standards set forth in § 120-28.8 and shall certify that all reviews required herein have been completed. The review and recommendations specified herein shall be completed no later than 30 days after the filing of the application, except where circumstances require further time. The Town Building Inspector shall submit a written statement to the Town Board which explains the necessity for such further time, if any.
C.
Public hearing. Before authorizing a restricted use permit, the Town Board shall hold a public hearing on the application for a restricted use permit for all lots or properties adjacent to residence districts as set forth in § 120-2A. In all other cases, the Town Board may conduct a public hearing on the application for a restricted use permit if it is determined desirable by a majority vote of its members. Prior to any public hearing, the Town Clerk shall publish a notice in a newspaper of general circulation in the town setting forth the name of the applicant, the location and owner of the property, the proposed use and the time and place of a public hearing to be held by the Town Board no sooner than five business days after the day of publication.
D.
Town Board procedures.
(1)
Notwithstanding any ordinance or local law to the contrary, in taking any actions or conducting any proceedings relating to the responsibilities of the Town Board under this Article, the Town Board shall act as the local public body responsible for administering the substantive criteria, standards and regulations of this Article.
(2)
The Town Board shall keep accurate minutes of all such actions or proceedings and shall furnish to the applicant, within 20 days following any such action or proceeding, a complete copy of the minutes, including exhibits and submissions made a part of the record, describing the action or proceeding. The official record of such actions or proceedings shall include any material or documents submitted by the applicant to the Town Board in connection with the application for approval.
(3)
If the Town Board determines that an application does not comply with the objectives, substantive criteria, standards or regulations of this Article, then the record of such determination, to be delivered to the applicant as aforesaid, shall include a separate statement setting forth the exact nature of such noncompliance and all factors included in the basis for the Town Board's determination.
(4)
After the submission of an application to the Town Board, as provided in this section, and so long as any Town Board procedures contemplated by this section shall be in progress, the applicant shall be afforded a reasonable opportunity, on one or more occasions as circumstances require, to appear before the Town Board, on reasonable notice, to present its position concerning compliance of the proposed project with the objectives, substantive criteria, standards and regulations of this Article.
(5)
The Town Board shall consider the recommendations of the Town Building Inspector and the Park Review Committee and may independently consult with any other persons. In unique or large-scale projects, the Town Board may retain expert consultants to assist in the application review. The applicant for a restricted use permit shall pay or reimburse the Town of West Seneca for the fees, costs and expenses of such expert consultants, if any.
E.
Decision by the Town Board.
(1)
Not later than 30 days after receipt of the Town Building Inspector's report and recommendations on an application, the Town Board shall act to approve or deny the issuance of the restricted use permit; provided however, that, upon a majority vote, the Town Board may defer such decision pending receipt of reports or other information it deems necessary to fully determine the acceptability of the proposed use or project.
(2)
The Town Board may attach to the restricted use permit such conditions and restrictions, in addition to the bulk, density or area regulations and other standards of the district, as are necessary to minimize or mitigate adverse environmental impacts and attain the objectives and purposes of this Article.
(3)
Once approved by such Town Board action, the restricted use permit shall be issued by the Town Building Inspector who shall maintain a file of all application documents and permit documents.
§ 120-28.6 Administration and transfer of permits.
A.
Compliance.
(1)
The Town Building Inspector shall keep records of all restricted use permits issued and review all permits, except those for which all conditions have been permanently satisfied and so noted, at least once annually.
(2)
The Town Building Inspector shall cause an inspection to occur upon the land or structure where the restricted use is located in order to ascertain that the property owner, operator or tenant is in compliance with all of the conditions or restrictions listed thereon and with the ordinances applicable to said permit and property affected.
(3)
The Town Building Inspector shall issue to a permit holder who is not in compliance with such permit or this chapter a written order to comply and remedy said violations within 30 days, or less time if deemed necessary by the Town Building Inspector, and such violator shall be subject to imposition of penalties set forth in § 120-53 of this chapter.
B.
Enforcement. Upon submission to the Town Board of a written report of the Town Building Inspector that the permit holder is in violation of the conditions established and has failed to remedy the violations or comply with the provisions herein, the Town Building Inspector shall have the authority to suspend or revoke the previously issued restricted use permit upon findings that the holder has failed to remedy or comply with applicable conditions and/or ordinances. In the event of suspension of such permit, the Town Board may establish conditions for compliance which, when fulfilled to the Town Board's satisfaction and upon a written recommendation that the Town Board may require from the Town Building Inspector, may allow for a reinstatement of such permit. No reinstatement, however, may occur without payment of all outstanding penalties.
C.
Abandonment of use. All restricted use permits issued under this Article shall expire and terminate upon the cessation or abandonment of the use permitted, after a one-year period.
D.
Transfer of permits.
(1)
All restricted use permits hereinafter issued shall run with the land; provided, however, that the transferee or assignee of such permit shall provide written notice to the Town Building Inspector of any conveyance, assignment or other transfer of title, ownership, leasehold or other beneficial interests in the property or use so affected. Such notice shall be provided not later than 20 business days before the effective date of such conveyance, assignment or other transfer. Such notice shall provide at a minimum the identity of the transferee, mailing address (including street address and principal place of business, if a corporation or partnership), property manager or natural person to contact for information and notices, telephone number and a certification by the holder of such permit and the transferee thereof that no material change in use has occurred or is intended to occur from the use specified in the original application for a restricted use permit and current records of the Town Building Inspector. Upon satisfaction that no material changes have occurred or are contemplated, the Town Building Inspector shall issue a new permit to such transferee and file a copy thereof with the Town Board.
(2)
In the event that the notice provided for herein specifies that a material change will or has occurred, the transferee shall file an application as prescribed in § 120-28.5; provided, however, that the applicant shall indicate thereon the changes that have occurred or are contemplated to occur from the use or improvements and other information set forth in the original or previous applications and current records of the Town Building Inspector. The Town Building Inspector and Town Board shall review such application as prescribed in § 120-28.5 and in accordance with the other requirements of this Article.
(3)
Nothing herein shall abridge or impair the right of the Town Board or Town Building Inspector to suspend or revoke a restricted use permit in the event of violation of restrictions, conditions or for noncompliance therewith.
§ 120-28.7 Performance standards.
Without limiting the effect of any federal, state or local law, ordinance or regulation which may be applicable to buildings and structures in the Park and their use, this section imposes on Park uses additional performance standards set forth below. Uses in the Park shall comply with such performance standards as a precondition of occupancy and use.
A.
Prohibition. Except as the Town Board may expressly allow, condition or restrict, no building, structure or lot in the Park shall at any time, be used, erected or converted:
(1)
For the manufacture, storage, distribution or sale of any products or items which shall increase the fire hazard to adjoining buildings, lots or lands adjacent to the Park; provided, however, that nothing herein shall be deemed to prohibit the use of liquids or gases, including but not limited to nitrogen, propane or oxygen, when used in connection with lawful manufacturing, storage, processing, distribution or other operational purposes.
(2)
For any business, purpose or use which constitutes a nuisance or causes the emission of odors or gases which could reasonably be expected to be injurious, noxious or offensive to the general public or to products properly manufactured or stored upon such buildings, lots or lands.
(3)
For any business, purpose or use in violation of the laws and regulations of the United States, the State of New York, Erie County or the Town of West Seneca.
(4)
For the storage in bulk of junk or secondhand material.
(5)
For the use of equipment or manufacturing processes which cause earth tremors or vibrations beyond the boundaries of any building lots upon which they are situated.
(6)
For the manufacturing, storage and distribution and sale of explosives.
B.
Smoke, dust and other atmospheric pollutants. Emissions to the outdoor atmosphere, including but not limited to any dust, fumes, gas, mist, odor, smoke, vapor, pollen, toxic or deleterious emission, either alone or in combination with others, shall be subject to the specific air quality standards and emission limits set forth in the Federal Clean Air Act, as amended, and other applicable laws, ordinances, regulations and permits of any governmental authority with jurisdiction of air quality and emissions thereto.
C.
Glare and heat. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare as shall be visible from any point along a lot line. There shall be no emission or transmission of heat or heated air so as to be discernible at any lot line.
D.
Sound.
(1)
At all points along the edge of a lot, sound levels produced by equipment or motor vehicles on that lot shall meet the following:
(a)
The sound level measured on a sound-level meter set to show response shall not exceed 75 dBA, except for truck and rail traffic in, out or on the lot.
(2)
All measurements shall be taken with equipment conforming to International Electrotechnical Commission 651, Type 2, or Type 1 if impulsive noise is present.
(3)
The above performance standards apply only to sound from the lot in question which must be assessed separately from other sounds.
E.
Vibration. No use shall be operated so as to cause ground vibration which is detectable, without instruments, at any point along any lot line on which the use is located.
F.
Fissionable or radioactive substances or electrical disturbance. The handling, storage, discharge or disposal of fissionable or radioactive material or waste by-products in the Park shall be prohibited. No activities shall be permitted which produce an electrical and/or electromagnetic disturbance affecting the operation of any equipment other than that of the creator of such disturbance. Nothing herein, however, shall prohibit the use of such materials or devices when used in the regular operations of a manufacturing, medical or research facility where such operation is otherwise lawful and in full compliance with applicable laws, rules, regulations and permits.
G.
Enclosure. All permitted principal and accessory uses and operations which, as a result of not being enclosed, would constitute a nuisance or offense beyond the lot line or which, as a result of not being enclosed, would conflict with any of the specific performance standards set forth in this Article shall be performed wholly within an enclosed building or buildings.
H.
Maintenance.
(1)
Each property owner, tenant or operator shall, at all times, keep the premises, buildings, improvements, appurtenances and paved areas (including green areas within the right-of-way) in a safe, clean, neat and sanitary condition and shall comply with all laws. Park rules, ordinances and regulations pertaining to health and safety. Each property owner, operator or tenant shall provide for the prompt removal of trash and rubbish from his premises, including construction debris.
(2)
During construction, it shall be the responsibility of each property owner, operator or tenant to ensure that construction sites are kept free of unsightly accumulations of rubbish and scrap materials and that construction materials, equipment, shacks and the like are kept in a neat and orderly manner. Dumpsters, as may be required by the Town Building Inspector, shall be located on or adjacent to the construction site to ensure compliance with this provision.
(3)
The Park, its tenants, operators and Park lot owners will participate in any established solid waste recycling program which may be instituted by the town or County of Erie or other governmental entity.
I.
Temporary outside storage. When it is necessary to store or keep articles, goods or materials in the open upon any building lot in the Park, the area used for storage shall be limited to the rear one-half (1/2) of such building lot outside of the setback area, and this area shall be totally fenced with a screening fence six feet in height. No articles, goods or materials shall be stored in any setback area but shall be stored in such a manner as to reasonably attempt screening from public view so as to avoid an unsightly condition.
J.
Trenching or blasting.
(1)
No person shall use explosives for the purpose of construction foundations, trenches, etc., except as expressly permitted by applicable law. Such explosives shall only be used by qualified personnel to ensure that adjoining buildings do not suffer from structural damages resulting from actions of the party utilizing the explosives.
(2)
Any party utilizing explosives shall provide written notice to the Town Building Inspector and adjacent building owner/occupants within the blasting area of their use and the time of the explosion within five days in advance thereof.
K.
Fences. The placement of all fences and the materials utilized shall be subject to the approval of the Town Building Inspector and be in accordance with town ordinances.
L.
Fill.
(1)
Where fill is necessary to attain the approved finished grade of any site in the Park, it shall be free of waste material and shall not contain noxious materials that will give off odors of any kind. No hazardous materials or nonhazardous industrial wastes shall be used or allowed. No fill materials shall be deposited on site without grading. All grading and drainage shall be done in a timely manner so as to not cause an unsightly condition, as may be determined by the Town Building Inspector.
(2)
All filling and grading activities that affect lands or resources otherwise protected or regulated by the laws of New York or the United States of America, including but not limited to wetland areas, shall be performed in compliance with all applicable laws, regulations, permits and orders of government agencies with jurisdiction thereof. All site fill, grading and construction activities shall be performed in accordance with approved silt, sediment, erosion control and stormwater management plans for the park.
M.
Underground utilities. Each owner, tenant or operator shall be required to install all utilities underground from the main line located at the perimeter of the site to the buildings located thereon. No building or facilities shall have, including, without limitation, poles or wires for the transmission of electricity or telephone messages and water, gas, sanitary and storm sewer drainage and other conduits (except hoses and movable pipes used for temporary irrigation purposes) placed or maintained above ground on any portion of the site, except such retention or detention basins otherwise established as part of the Park development.
§ 120-28.8 Specific standards; site plan review standards.
Except as otherwise provided herein, the existing standards and requirements of a zoning district upon which these Park standards and restrictions are overlayed shall govern uses and development of property within the Park. In the absence of such provisions or to the extent additional or different standards and requirements are set forth herein, the following specific standards, review standards and requirements shall apply and govern the restricted uses or the designated areas in the Park:
A.
Specific standards.
(1)
The minimum size of any building lot within any industrial park shall be two acres (87,120 square feet).
(2)
The minimum lot width shall be 150 feet.
(3)
The minimum lot depth shall be 300 feet.
(4)
Minimum setbacks.
(a)
Minimum setbacks for structures shall be as follows:
[1]
Front yards: 50 feet.
[2]
Rear yards: 20 feet, except that where a rear yard abuts an R District boundary, the rear yard in an M-1 District shall be not less than 50 feet, and the rear yard in an M-2 District shall be not less than 75 feet.
[3]
Side yards: 10 feet, except that where a side yard abuts an R District boundary, the side yard in an M-1 District shall be 50 feet, and the yard in an M-2 District shall be not less than 75 feet.
[4]
Reasonable consideration shall be given to staggering the setbacks of the buildings on adjoining sites.
(b)
Maximum building coverage. All building(s) and any additions thereto erected in the Park shall together occupy not more than 60% of the total gross area of the building lot upon which such buildings or additions thereto are erected, not including parking lots, driveways or walks.
(c)
Design and construction. In order to assure architectural continuity and compatibility within the Park, all buildings and site plans shall be designed by a registered architect or professional engineer duly licensed in the State of New York.
(d)
Building materials.
[1]
All structures, buildings or additions thereto erected in the Park shall be of fire-resistant materials, and all structure and building designs shall comply with the New York State Uniform Fire Prevention and Building Code as published in the New York Codes, Rules and Regulations,[1] as well as any other applicable local, state and federal building code requirements.
[2]
Where the office portion of a building is shown of a physical proportion different from the bulk of the building, the architectural treatment shall be upgraded to comport with other office buildings within the Park. Finish materials for such area shall be consistent, preferably brick or materials classed "better than ordinary." Where different materials are used for aesthetic purposes, the transition of materials shall appear as a planned design bearing strong geometric outlines. A facade, unrelated to the rest of the building, shall be deemed not an acceptable design.
(e)
Landscaping. Each lot within the Park shall be developed with a minimum of 20% of its area set aside for planting, which includes lawns, trees and shrubs, however used. Landscaping shall most often include berming, seeding and screen planting, as well as shrub and tree planting within the lot or parcel. Such landscaping shall be done with the intent to improve the appearance of off-street parking areas, vehicular use areas and property abutting public rights-of-way thereby reducing conditions which lead to urban blight, to prevent soil erosion and soil water retention, to help prevent flooding and to break up large expanses of pavement typical in parking areas.
[1]
Landscape plans. Any landscape plan in the Park shall include and comply with the landscape requirements specified in Appendix B to this Article, attached and made a part hereof.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
[2]
Garbage and refuse collection areas shall be screened from view from a public right-of-way and structures on adjoining lots. The screening shall be of live landscape material, such as but not limited to trees, shrubs and hedges and shall provide 60% or more summer opacity and 40% winter opacity within two years when viewed from between two feet and six feet above ground level. The layout of the landscape screen shall in no way impede the pickup and collection operation.
(f)
Sight distance for landscaping to public rights-of-way and points of access. When a driveway intersects a public right-of-way or when the property abuts the intersection of the public right-of-way, all landscaping within the corner triangular areas described below shall provide unobstructed cross-visibility. All shrubs located in the triangular areas shall not be permitted to grow to a height of more than 30 inches above the sidewalk grade, in order that the view of the driver of a vehicle not be obstructed. Trees may be planted and maintained in this area, provided that all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway. Landscaping, except required grass or ground cover, shall not be located closer than three feet to the edge of an accessway pavement. The triangular areas referred to above are:
[1]
The area formed at a corner intersection of a public right-of-way and a driveway, the two sides of the triangle area being 10 feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two lines.
[2]
The area formed at a corner intersection of two public rights-of-way, the two sides of the triangular area being 30 feet in length measured along the abutting public right-of-way line and the third side being a line connecting these two lines.
(g)
Parking and drives.
[1]
All parking areas and drives shall be paved with asphalt or concrete surface materials and shall have appropriate bumper guards where needed.
[2]
All drives and parking areas shall have a minimum base of eight inches, a two-inch binder and one inch of topping. Proper surface and under-pavement drainage will be required, as specified by the Town Engineer.
[3]
Each owner, tenant or operator shall provide off-street parking for all employees, visitors and invitees on-site, for manufacturing, storage, warehouse or other industrial uses without regard to gross floor area of a building, as follows: not less than one space for each two employees and not more than one space for each 1.5 employees. All other uses shall conform to the parking requirements set forth in § 120-41.
(5)
Site plan review standards.
(a)
Consistency with other plans and laws.
[1]
The Town Board's review of an application for a restricted use permit within the Park shall be directed to a consideration of the extent to which the application and project proposal embodies and achieves the purposes and objectives of this Article and to ensure that it is in conformance with this chapter, the Town Urban Renewal Plan and all other applicable ordinances, laws, regulations and permits of the town, County of Erie, State of New York and the United States of America, and no restricted use permit may be issued except in compliance therewith.
[2]
In determining whether to issue a restricted use permit and the imposition of conditions or restrictions, if any, on such permit, the Town Board shall give due consideration to the extent to which a proposed use or project, evidenced by its application, demonstrates the likelihood of compliance with the performance standards and the specific standards and review standards set forth in §§ 120-28.7 and 120-28.8, respectively.
(b)
General standards. The Town Board's review of the application shall include, as appropriate, the following general considerations:
[1]
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
[2]
Adequacy and arrangement of vehicular traffic access and circulation, including intersection, road widths, pavement surfaces, markings, dividers and traffic controls.
[3]
Location, arrangement and sufficiency of off-street parking and loading.
[4]
Adequacy and arrangement of pedestrian access and circulation, walkway structures, control at intersections of vehicular traffic and overall pedestrian safety.
[5]
Adequacy of stormwater storage, disposal and drainage facilities.
[6]
Adequacy of facilities for water supply and sewage disposal.
[7]
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a buffer from disturbances caused by such things as noise, sight, dust and light between the applicant's and adjoining lands, including the maximum retention of appropriate existing vegetation.
[8]
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
[9]
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
[10]
Location, size of improvements, uses of structures, nature and intensity of operations involved, size of the site in relation to its improvements, and location of the site with respect to streets giving access to it such that it will be in harmony with the orderly development of the Park and will not discourage the development and use of adjacent land and buildings.
[11]
Protection of adjacent or neighboring properties against noise, glare, unsightliness or nuisances.
[13]
Such other considerations deemed appropriate and necessary by the Town Board for the protection and promotion of public health, safety and welfare and the development of the park purposes and objectives.
§ 120-28.9 Working drawings to be submitted.
Prior to commencement of actual construction, the applicant shall submit a set of final working drawings to the Town Building Inspector. These working drawings will be the same as provided to and approved by the Town of West Seneca for issuance of a building permit.
§ 120-28.10 Building permit and certificate of occupancy.
All buildings and structures shall be designed and constructed in compliance with the New York State Uniform Fire Prevention and Building Code.[1] Nothing herein shall exempt any person from compliance with such code or any other town requirements to obtain a building permit. Upon final inspection by the Building Inspector of the Town of West Seneca, and when it has been found that the proposed construction has been completed in accordance with applicable building codes, ordinances, rules and regulations and also in accordance with the procedures, restrictions and standards set forth herein, a temporary or final certificate of occupancy shall be issued, together with a restricted use permit. No building shall be occupied until a certificate of occupancy and a restricted use permit have been issued.
§ 120-28.11 Access to construction site by town.
The Town of West Seneca and its employees, agents and authorized representatives and consultants shall have full access onto the construction site for the purpose of assuring that the facility is being constructed in accordance with approved plans and complies with all restricted use permit conditions and this Article.
§ 120-28.12 Special assessments.
Each parcel is or shall be, prior to initial occupancy of a building, structure or improvement, appropriately serviced with access roads and sewer water lines for which the owner, tenant or operator may be subject to special assessments by the Town of West Seneca, unless otherwise provided in the restricted use permit.
§ 120-28.13 Severability.
The invalidity or unenforceability of any term, phrase, clause, article, paragraph, restriction, covenant or other provision hereof shall in no way affect the validity or enforcement of any other provision or part hereof.