Except as hereinafter provided, a required front yard need not exceed the average of those front yards within a distance of 500 feet of either side of the lot to be developed.

To provide future protection against certain adverse impacts of strip development, required front yards for all uses fronting on any state or county highway shall be a minimum of 65 feet.

Maximum front yards for dwellings in any district shall not exceed the accepted minimum by more than 15 feet, with the exception of already existing and approved flag lots.

Approval, permit and sketch plan required. Before a fence shall be erected, an application must be obtained from the Building Department, except that fences described in Subsection C(7)(a) of this section shall not require a permit. A sketch plan must be included along with a completed application. The sketch plan must show the height and location of the fence in relation to other structures, streets and property lines. All fences, in every zoning district, are subject to the Building Inspector's approval.

Appearance. Any fence abutting residential districts shall be constructed so that the decorative side faces out. The enclosure shall be constructed so that the nonclimbable face or the finished side is visible to neighboring properties. No portion of the fence shall be closer than six inches to the property line. All fences shall be of a permanent type and shall be well maintained.

Signs. Signs on fences must comply with § 200-62 of the Town Sign Laws.[1]

Residential areas. The maximum height of fences in any residential district shall be as follows:

Swimming pools. Fencing must comply with Appendix D of the New York State Residential Code.

Nonresidential areas.

Prohibited uses.

In the execution of this chapter it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Wheatfield.

These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

Any of the above uses shall not be located within a five-hundred-foot radius of any area zoned for residential use.

Any of the above uses shall not be located within a one-half-mile radius of another such use.

Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed;

That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and

That 51% or more of the property owners within the restricted area as defined in Subsection C(1) of this section have signed a petition stating that they have no objection to the establishment of one of the uses defined above.

Minimum lot area: two acres.

Minimum lot width: none.

Minimum yards for structure, parking, loading and/or stacking:

Maximum building height: 12 feet.

Maximum lot coverage: as uses, yard and off-street parking, loading and stacking and landscaping requirements permit.

Enclosure: all principal and accessory uses, except signs, landscaping and off-street parking shall be conducted within a completely enclosed structure.

No use as described in this section shall be established until the issuance of a special use permit by the Town Board. Application for such a special use permit shall be in writing to the Town Board and shall consist of a description of the premises for which the permit is sought and a plain and concise statement of the use which is proposed and stating specifically that juveniles shall be prohibited from entering the premises and such additional information as shall be required by the Town Board. The Town Board shall call a public hearing for the purpose of considering the request for a special use permit. At least 10 days' notice of the time and place of public hearing shall be given by the publication of a notice in a newspaper of general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such a hearing.

A special use permit issued under the provisions of this section shall not be transferable.

The uses of the surrounding neighborhood.

Density of population.

Impact upon traffic in the neighborhood.

Impact of the activity upon streets and roads.

The benefit to be achieved by the Town for the drainage project.

The impact of the project on the surrounding area in terms of dust and noise.

Any other factors which the Town Board deems relevant.

Submit a written procedure for the cleanup and maintenance of roads, shoulders and other property.

Deposit a minimum amount of $10,000, the amount to be determined by the Town Board, in an escrow account and submit a bond in the minimum amount of $100,000, the amount to be determined by the Town Highway Superintendent, to secure compliance with its cleanup and maintenance plan.[2]

Important environmental features shall be preserved to the greatest extent feasible.

Important environmental features shall be mapped to illustrate existing conditions for all site plan and subdivision applications to enable effective site development analysis.

Development shall be sited to minimize adverse impacts to water quality, fish or wildlife habitats, freshwater wetlands, stormwater runoff, septic systems or any other activity on the site.

To the greatest extent feasible, new structures shall be sited a minimum of 100 feet from the streambank or outside the designated floodway area, whichever is greater, in order to establish a buffer adjacent to the waterway to absorb floodwaters, trap sediments, protect habitats and preserve scenic qualities.

The amount of land clearing shall be minimized and development shall be designed around significant resources on site.

Important habitats on site shall be identified and new development shall avoid these areas to the greatest extent feasible.

For the purposes of this article, conservation areas in the Town of Wheatfield shall be defined to include:

Such conservation areas are not restricted to any particular zoning district but are superimposed over any districts based on the delineation of said conservation areas as defined herein.

The Town can require the usage of cluster development to preserve features.

Subdivision maps must clearly depict all environmental features.

Clear-cutting of trees shall be prohibited and construction must minimize tree disturbance. Plans must show the extent of disturbance.

Septic systems shall be restricted to areas having adequate percolation (no sand filters).

The usage of open development area and other creative tools to minimize disturbance of important features shall be considered in the design and layout of the development.

Erosion and sediment control and reestablishment of disturbed areas must be clearly depicted on drawings.

Site plans must clearly depict all environmental features.

Clear-cutting of trees shall be prohibited and construction must minimize tree disturbance. Plans must show the extent of disturbance.

Septic systems shall be restricted to areas having adequate percolation (no sand filters).

The usage of open development area and other creative tools to minimize disturbance of important features shall be considered in the design and layout of the development.

Erosion and sediment control and reestablishment of disturbed areas must be clearly depicted on drawings.

The proposed activity will not impede the flow of stormwater or otherwise cause damage to life or property.

The proposed activity would not interfere with the maintenance of adequate drainage channels and ponding areas to carry abnormal flows of stormwater in period of heavy precipitation.

The proposed activity would provide a reasonable distance from the conservation area to allow any natural drainage watercourse within the conservation area to remain open and unobstructed.

Lawn care, gardening, tree and shrub care and other activities relating to normal property maintenance.

Removal of structures.

Repair and maintenance of existing structures.

Reconstruction of existing structures destroyed by natural disaster, provided that the new construction is of the same size and use.

Repair and maintenance of septic, sewer facilities or utilities.

Customary agricultural activities, except for new or expanded structures.

Any emergency service or activity that is immediately necessary for the protection and preservation of life, property or natural resource values.

Installation of solar panels within wetland areas, as permitted by NYSDEC and/or The Army Corps of Engineers, as long as the fenced area or other obstruction is more than 25 feet from the top of bank of a watercourse or floodway and a drainage easement/access is provided.

No more than four dogs over the age of six months per dwelling unit.

No more than six cats over the age of six months per dwelling unit.

In combination, no more than eight dogs and cats over the age of six months per dwelling unit.

Should there be any violation of this section, the Animal Control Officer, Building Inspector, Constable, or any other duly authorized law enforcement officer shall capture and retain the excess animals at the SPCA, at the owner's expense. If the owner does not arrange to otherwise dispose of the excess animals within five days after the court's determination of violation, the animals can be offered for adoption by the SPCA.

The penalty for violation of this section shall be $100 for a first violation, $250 for a second violation within a five-year period, and $500 for a third and subsequent violations within a five-year period.