Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2011-10-28
Present: Elected Officials; Other Town Staff TB 10 -28 -1! TOWN OF DRYDEN SPECIAL TOWArBOARD =ETIAG October 28, 2011 Supeiviaer Mary Ann Sumner, C1 Stepben Stelick, Ct josrph Solomon, Cl Jason L[_iFer, Cl David Makar Bumbi L,. Avery, Town Clerk Melissa Rianconi, l P ration Director Dan Kwasnowski, Director of Planning Deputy Supv David Makar called the meeting to order at 2;08 p.m. On motion made, seconded and unanimously carried, the board moved into executive session at 2109 p, in to discuss existing litigation. No action was taken., and the board moved bark in 110 regular session at =40 p_rri_ upv Sumner announced that she has hired a secrctary that will start on Tuesday and a bookkeeper who will start on November 17, 20111 upv Sumner distributed budget information for review. She noted that the town's tax levy cap figure for 2012 is $1,1275,518 and this budget proposal is $1,248,1.23_ One of the major changes this year is the appropriated fund balance for the A fund. She said last year all sales tax revenue was moved into B and DB because they don't have any property tax revenue, and that is one of the reasons that the A P)xnd decreased as much as it did last year, She is moving that hack and a great portion of the sales tax revenue has been applied to the A Fund this year. A sheet of estimated fund balances for A, B, DA and DB was distributed. The main challenge has been to keep it within the long -range fund balance target_ The tax rate is $1.44_ upv Sumner said appropriations are pretty much level and revenues over all are considerably higher. The levy is almost the same as last year, and the tax rate is the same;. upv Sumner said she has made a couple of corrections. [n the first dra.Ft she had underestimated the increase in the retirement payment. She reallocated sales tax so that more of it went to the A fund. She said each department his Cithcr 13 dee7ease in expenditures or a very am all increase_ Eynp]oyce benefit% have increased 1.0% over 201.1. There was a discussion aboull whether to replace the large format scanner in the Planning Department and other options available. Supv Sumner said she had removed the requested vehicle From their budget_ DB is flat outside villages and down for town wide. upv Sumner will finish the detail% of the budget over the weekend with this target in mind_ The special districts still need a bit of massaging, but she will be keeping rates the same_ There is no change in the ambulance district, and they are in the second year of a two- year contract- Fire protection Distri ct — Neptune Hose is in the second year of a two -year contract_ Frc villr's request has a $10,000 increase because they want to rent a second apartment for their bunker program. Varna is a sign iCcant decrease because their li!rf 1t mortgage is paid off this year, and even incorporating their bunker expenses, they are at an $18,000 decrease_ 11�ogc I of 4 s l! TH 10 -23 -11 ® Etna has asked for $150,000. This year their contract was for $125,000 and there was a provision that if they didn't finish their 501(3)(c) filing, they wouldn't get the $35,000 they wanted for reserve. They haven't accomplished that yet. Some of the money they requested was for the training facility they purchased by the creek. Their fuel bill to heat the facility has increased. The board agreed to the same amount as last year for Etna. Supv Sumner said the tax rate may be as much as a penny higher than last year, but the levy is comfortably under the tax cap. B Avery distributed a list of delinquent water and sewer bills and asked the board to pass a resolution to relevy these amounts to the 2012 town and county tax bills. RESOLUTION #159 - RELEVY DELINQUENT WATER/ SEWER ACCOUNTS Cl Stelick offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the relevy of the following delinquent water and sewer accounts to the 2012 real property tax bill for that account: Account # Tax Parcel # Amount 565 35. -1 -17.1 3216.12 584 38. -1 -28.12 612.92 K3441 51-1 -31 239.22 K4338 52.4-4.11 239.22 K4353 55.4-151 2830.69 K4358 52.4446 239.22 ® K5245 54. -2 -9 604.56 K5279 54. -2 -1 1252.79 K5289 55.4-12 956.92 K5635 54. -1 -9.5 89.41 L3446 51-1 -7 360.69 L3453 41-1 -19.4 105.27 L3456 43. -1 -19.20 131.98 L3472 41-1 -12 128.82 L3476 43. -1 -9.7 434.74 L3485 41-1 -8 75.54 L3488 56. -3 -5 51.50 L3490 56. -3 -7 239.22 L3491 56. -3 -8 295.26 L3502 56. -3 -18 163.70 L3995 53. -1 -3.2 579.53 L4028 69. -2 -6 151.14 L4047 69. -2 -6 337.26 L4271 69. -2 -3.3 39.27 L5252 54. -2 -3 391.59 L5254 57. -1 -18 29.20 L5309 57.4-20 11.62 L5322 52. -1 -16 239.22 Page 2 of 4 L5413 54. -1 -3.2 325,55 0 L5519 54. -1 -13 571.39 L5944 52.- 14.31 13.45 L5951 5414-93 229,73 L6027 69. -2 -23.34 85.90 L6334 52_ -1 -25.2 88,08 L6443 5614-7.31 399.49 213LI Cl MaL air Roll Call Vote Cl Stelick Yes Cl Solomon Yes Cl Makar Yes C3 heifer Yes B Avery said if any of these accounts are paid before the tax bills are printed, the amounts will not be relevied. DA and DB funds were reviewed, Supv Sumner distributed a sheet showing fund balances in A, B, DA and DB from 2003 forward. She said the decrease in 2006 was due building the new town hall. The 2005 decrease was a transfer back to Capital and in 2009 the decrease was a transfer to reserves_ ales tax and mortgage tax receipts were discussed, and SuPV Sumner said she could provide that data later. 10 The hoard discussed intToducing the new zoning law_ Cl Ste] iek asked whether the discrepaxicies between the subdivision. law and zoning law had been reconciled. Supv Sumner said they would only be introducing the zoning law at this time and she believc- S that i fs ready. They discussed whether to hold a public information meeting on it first. Supv Sumner said comments uFould be collected at a public hearing. There has been a lot of public: Participation in this praoes s Cl SteJ icl said there had been quite a few changes suice the Iast public meeting a year ago. After further discussion, the board decided to introduce the local law and set a public Bearing_ Cl Stelick asked that all previous versions of the zoning law be removed from the }+eba tc %o there M11 be no confusion. ClLeifer noted that there doe% not need to be a vote that night, and the public hearing can be left open for a period of time to collect comments_ 'r'o be clear, Su pv Sumner said they would be introducing the Draft B version that. includes amendments with respect to signs and a definition of horne occupation. Bruno Schickel asked if they would be introducing the Subdivision Law and was told no. D K asnowski said the Zoning Law was simply being introduced, and they could bath be adopted at the same time. B Schickel asked if there would be a problem Twith the Zoning Law referring to a Subdivision Law that hasn't been enacted. He %vas told the exi%tin& law could remoin in effect. Cl Loci for said he anticipates a minimum of two meetings for the Zoning Law, Supv Sumner said she believes the Subdivision Law is close to being ready to introduce_ Cl Stclick said any intentional diserepancies between the laws need to be identified_ He doesn't want there to be a big gap between adoption of the two laws. SuPv Sumner said it may be possible to introduce the Subdivision Law on November 16. F'agc 3 of 4 TB M-28-11 upv Sumner said she will be asking the board to pass Ilhe local low authorizing the town to vvurride the tax cap even though it appears we won't need it. The reason is that the state's formula is a little mushy vet, and she wants to make sure e have sorrxe wi�glt% room. RESOLUTION #L60 (20 11) — INTRODUCE TOWN OF DRYDEN ZONING LAW Ol Makar offered the folloixing resolution and asked for its adoption: RESOLVED, that this Town Board hereby introduces the attached Town of Dryden Zoning Law and sets a public hearing on the same for November 15, 2011, ail 7130 p -m- nd C1 Solomon Roll Call vote Cl Stelick Yes Cl Solomon Yes upv Sumner Yes Ol Makar Ycs 1 Lifer Yes There being no further business, on motion made, seconded, and unanimously carried, the meeting uas adjourned at 4:40 p.m, Respectfully submitted, Avery Tolwn Clerk pope 4 Of 4 TOWN OF D YD 1 Tompkins County, Nw York State As Introduced On October 2$, 2011 A Revised Zoning I.aw_Draf 0$21201 I_Draft i#_m rip. doc "FABLE OF CONTENTS TABLEOF CONTENTS -„--„ .......................................... . .............. ................................................ ................. „............ ARTICLEI= TITLE ..............................................................................„-.,„,-,,.,,..,,,,,.,,.,,..,,.,,..,,.,,,. ..............,...............1 Seclion '2N PI.Lrpnsc: ........................................................................................................... ..... ... .......... ... ........ .1 seclion'201; Preccdoncc of NJ ore Rcstdctivc Standards ...................................................... .... ... .......... ... ........ .1 ARTICLEIII= DEFfN TTCNS ---------------------------------------------------------- ---„--,.,,,,,,.,,,,,.,,,.,,.,,,.,,.,,..,,.,,, .,,..,,.,,..,.,,,.,,.,,.,,.,,.2 ARTICLEN; ZONING DISTRICTS ........................................................................................... .............................19 Section400: Distdcts .................................... ... .... .... ... .... ... ... .. . ... ...................................... .............................18 Section44l' Za ill rig Mer) P,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,, ,,,, „- ,,, -., ............... .- .. -.20 Section 402; Boundary Deterrninations,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,, ,,, ,,, „ -,. -.. ..-- ....--- ......20 ARTICLEV. Section SectiaLl501 Section USE REGULATIDN' S ............................................................................................. 500, Restrictions on Lind/Structure, Uses ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Allowable Use Groups Chal'[ ........................................................................ 502; Prohibiled Uscs ,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,, ,,, ,,, .............................22 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,22 .............................22 ..........--.-- ..-- ........-- .-- ..-- ......26 ARTICLE Section600; Section Section602= Section Section Section605: Section ARTICU3VJ.I; ARTI.CLL Section Section VI; AREA AND BULK REGULATION S . .................................................................................... „ ........ 27 Area and Bulk Table ...................... ................... ... ... ...... „-,,,-,,.,,,., ..,......,..,...............,27 601: Additional Density in the CV, RR aar(l RA QjSt: riCtS ..................................... .............................28 Reserved ........................................................................................................ .............................28 603' Standards for Flag Lots m the RJ2, RA and CV DistdtLS,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, „- ,.,- ..- ,.- .,......- -. - -28 604; Excmptions from Height Requiremc- nts ........................................................ .......... ... .......... ......28 Rc served,.. .— .. .... ... .... .... .... ... ... .................. ... ... .................. ..... II-•,--„-,.,., ,.,,,.,,.,,.,,,,,,.,,..,.,,.,28 6069 Density k the MC Zone ..... ....... ... .... ....... .... . . .... ........................................... .............................28 RJwSI RVEI} .......................................................................................................... ... .......... .............. . .30 VIII: OVERLAY DISTRICTS .......................................................... -• .1 1 801= Traditional A°eighl)orhood Development Overlay (TNr)O) Di£[rict ............. .............................31 802 Large Scale lietail L7evelollnent (L$ RD) District ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,, „-- , -„ -34 ARTICLE Section Section Section902: Scction903- Section Section Sactiun Section907; CCCL4L7908' Section IXE Ca 900; 901: 904' 905; 906; 909' SN ERA IW I�]wCiUI AJ' I�I VS ................................................................................. .... ... .... .. .... ... .... . ... ..3 General Rquilations ,,,,,,,,,,,,,,,,, ,, .................. ----..- ....... ............. - ...- „- „- ,,.,,,,,,.,.36 Unregistered Vchicles ..................... ..... .... ... ....... ............ 37 Off- Strect Parking ,--,..-..— .. ... .... ... .......---..-..-..--..-..-..-..---,.--,-,,.,,,.,,..,,., ..... r ,,,.,,:.,..,,.,,.,,.,,..,,.,,37 Signs ....................... ..... .... ........... .... .. . .. .. ........................................................ ....... ............. ... .. ...42 Obstruction to Vision ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,, ,,,, ,,, ,,, ,,, ,,, ..--.....-- .....-- ..- .,- „- ,,.,,,.,,.,,46 Plight Hazard Arcs,,,,,,,,,,,, ,,,,,,,,, „-- .,- ..-- ..- ... -.. -.. -------- ........ „-,,.,,,.,,.,,.,,,.,,.,,, .............................46 Abandoned Cellar Holes and Bui Idings „ ....................................................... .... .... .. .... ... .... .. .. ...47 Farm Stands ........................................................................... ............... ....... ... ... ... ..-- ......,47 Outdoor tal'ag$ „ ........................................ ........... ... ...... .... .. ..... ............ ....... ....IIrI11,,.,,,,,, oil II,.,147 I.andscapad JiLLffer ReclLliremcnts for LMulti , Family wid is'nn- Residencial Uses.,..,Y .................47 Section Section ��RTICGr Sectioll1000; sulion Swtion Scction Section Section Section Scction ARTICLEXI, Section Section eo[ion Serilion ARTICLE Scction Section Section 910' llxterior Lighting ........................................................ .............. ......................... ... .„- 1 48 911 Use of Native Species of Plants R equired ..................................................... .. .... .... ... .. ........ .. ....4$ KL PLANNED UNIT DEVELOPMENT >) 1S)' IjIC' rS ................................................... .... ... ... .... .. ...........49 Purpose ........ ... .... ....... ... ...... .. ... ,,,,.,,,,,,.,,..,..,..,,.,,,,,.,,,-..- ............. ....... -- ..- ..-- ,.,,,,,,.,.,.,.,,..49 1041; Land Use and Development RegulaLiuns ...................................................... ................... .... .. .. . .49 1002: Pennitted Types of PUD Development ------------------- ...................................... ... .... ............... •-- -..,44 1003' Procedure for ReviLwi and Approval ............................................................. ... .... ... ... .... .. ... „,.,..54 1004; Use of Dcsign Guidel roes,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,, ,,- - -- , - -- ,---.....rq... ....,,..,.IIIoII.,,..,.- . - -..54 1045; Minimum Lot Size and Width ...... .............................. ................ ... ... ... ........ .1911,11 "II,,,.,,..,.- „- .. -..55 1006: Amerldm�&.nts to Development Plans ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,;,,,,,,,,,,,,,,,,,,,, ,,,55 1007= beve.lopment in PhUSes ..- .. -... ,,,,,,,,,,,,,,,01LII -------- --,,, ,,,.,,....:`,.,,,.,..,,.- . -..55 STTF. MAN RrVIEW ............................................... ...................... ... .. .... ... 1091, ,,,.,,,.,,.,,..,.;...........56 1101- Purpose, Applicability and Authoai ty, ,,,,,,,,,,,,,,,,,,,,,,, .....-- .......56 1 142= Site Plan Review Rnd Approval Procedure ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, II ........ - ..-- .- .,,- ,,.,,..56 1103: Application Coolant ,.,,.- ..-- --- --- --- -- - --- -- ----------------------- -- - --- 57 1104, Berard Action an Sito Plan Review Application ...................„-,,.,,..,,.,,..,,..,. .................... .,,,.,.....59 X1I, SPFCIAT_ USE PERMITS ,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,, ,,, ,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,, ,,,, ,,, ,,,,,,,,,,,,,,,,,,, ,,, ,b 2 1241 spacial Use Pennii: Review ,,,,,,,,,,,,,,,,, ,, .. -,,.,, „ = ,,,,,,,,,,,,,,,,, 1000. - -. 1202: Town Board Action,,,,,,,, ,,, ,,, ............63 1201 Special Use PtL i L Lapse, Expiracion and Revocation .................................. ... .... ... ... ...............63 Revised Zoning Law_Drufts0921201 I —Draft B_mrp.doc ARTICLE XIII; STANDARDS AN J) REQUIREMENTS 1FO11 CERTAIN USES ,,,,,,,,,,,,,"",."... ".. ".. " ".,.,,.,,..,,.,,.,,.,,64 Section 1301: Special Use Peirnit and other Uses Subject to IndividiW Standards and Rcquireil1enEs . " ".. ".. "..64 5eclion13020 5eclion 1303' Adult Uses."„""..".."".." ... ILA ,, NJ ,,,,,,,,,",.".. mm ."...".."" ..... mm , LE ,,,.,,.,,,,,.. ............. "".."... IadustrvlMa,ruracturing Uses .,,,.,,. ".. ".. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"...",,, " ., LA ,,.,,.,,.,,.,,,., -------- 64 .,..,,..,.,,,,,,.,,-- ..".. "..65 Section 1304: M inina (Quarries and 2�xcavations, Topsoil Ileinoval ) ..."..",,,,,,,,,,,,,,,,,,,,,",."" .. "... "."".," ",..,,.,,.....,,66 ,Section 1305: gilder Cottages ............... "..",,,,,,,,,,,,,,,,,,,,,, .,,,.,,.,,..,,.,,,., ,,,,, "... "..".."..,.,,.....,.71 Section 1306: Automotive Tow -iag Service. --. .- ..-- , ",,,,,,,,,,,,,,,,,,,,,,1 .."..."..".."".,",,,.,,.,,,.,,,,,,., -------------------- ,,.,...,,73 Section 1307: Suund Performawe Sta ndatrds,.",.".."".." ........ ,"",,.",,,,,,,,,,,,,,,,, ................. Seution 1309, KenTwi ,..,,.,,," ... ",,,, ,,,, ,,, ,,,,,,,,,,,,,,,, "„ --------- "...... ", ,.,,..,.,,..,,.,,..., ....... "77 Section1309; Driv e- Through Facility ---------- ............... ... . ............. "....,,"",..,,..,..,,,,,,.,,,",..".."..-- ,-- .. "... ",..,,..,,.,,,,,.,78 Section 1310; Automotive Rcp;tir Gaa' ae".."..".."".."",,,,,,,,,,,,,,,,,,,, .......... ".."."".."".."",, .,,,.,,.,,,.,,.,,.,.. ".. " ".. ".. 79 Section 1311; accessory Dwelling UariT.,--.."..".."" ..... ",,,,,,,,,,,,,,,,,,,,".."" .............. ,,..,,.,,.,,,.,,, ... .,,.,, -------- ".."".. ".,.,,.,79 ARTIC:IA20 XIVI ZONING BOARD OF APPEALS .,,.,," ... ".."..""..".."".,",,,,,,,,,,,,,,,,,, ................ "".." ... ",,.,,..,,.,,.,,.,,,. ........ SI Scutioil SecOun1402: 1401; Zoning Boar(I of Appeals EstabliSlillLent; C01) tlnuati011,,,,,,,,,,,,,,,,,,,,,,,,""..".." , 4ieinbrrship.,,,,,,---•--.." ... ".."„",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"... "., ".,,.,,..,,.,,.,,,.,,. ",. ".. "., ".,..,,.,,..,..,,,,,.,., ".81 81 Seaton 1403; AIternate Members ... ............... ,,,,,,,,,,,,,,,,,,,,,, I ------- - ... ".." .., ".,.,,..,,.,,,.,,..,, ",.. ".. $1 Section 1404; Hearing Apputls,,, "... ".. " ".. ".. ,,,,,,,,,,,,,,,,,,,,,,,,,,,, " ".....""., ",,..,..,,..,,,.,,,, .. ".. ..,.,II "I.,,#il Section 1405; Orders, Rcquirunnenrs, Decisions, Interprela dons, Determinations,,,,,,,,,,,,,, " ............... ".,, ",,.....,,82 Swdon1406: Lapse ,,.,,. ".."...",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"".."...","".,,. ,,..,.,,,.,,.,,-- .-- ..- .- - ",.82 Section 1407: Nijaimmn Meeting and Hcaring Avendance Rcquircnient5,,.,,.-•.--.."..."..""."" . ..................... ",. ".. " "R2 5eetion 1408' Training and A oda ace, RsquircinenGS.,,, ",.. ".. "",,,,,,,,,,,,,,,,,,,,,,""","... ".. " ".. ".. "., ",,..,,,,, „, „,,.82 Section 1409; Continuing Educotimi and Training ,,,,,,,,,,,,,,,,,,,,""..".."".."..."."".,..,,..,,.,,..,,.,,,-, .-- .-- .-- .. ". " "., " ",..,,.,,..53 Section 1414: Removal Procr_. durc,.,,.,,.,,,".." ............... ,",,,,,,,,,,,,,,,,,,,," ... ".."".."...",.".,., ,,.,,,,,,.,,..,.,, -------------- ".,.,,,,,233 Scction1411- Section Section14 1412' 13: Removal for C.': ruse ----------- ,",,,,,,,,,,,,,,,,,,,,,,,".."...".."...".."",,.,,.,,,.,,.,,,.,,",.." ............. Leav€ of A bseiice,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,""..".."".."..".."".."",,.,, ..,..,,.,,,.,,.- ,.. ......... A pplicabil it}',,,,.,,.,,"".." ........... ,,,,,,,,,,,,,,,,,,,,,, ".,"",,.,..,,..,,.,,,.,..,,",,.".. "..,,..,,.,,.,,., ....... ,84 ".. ,.,..,,.,,.,,,.,,$4 . ".. ".. ".. "„ ",,..,..,,..,.,,,84 At1�'t'1C.LE XV; PLANNING EQA RD.,,,,,,.,," ... ".."".."..".,",,,,,,,,,,,,,,,,,,,"".." ................ " ",,.,,,.,,.,,,.,,,,,, ......... " ,,..,..,,85 Section 15171= Planoing Board ES(Ublislk77}ent; Continuation,.,,,.,,.,,." ............... ,,,,,,,,,,,,,,,,,,,, ,,, ".. ".. ".. "..-- ."".. ".,..,,85 &Q1,10P11501, Mumbership...."...".."" ...................".." ... ".." ... ",,.,,,.,,.,,.,,,.,,,,,. ,. ".. ". 85 Section 1503; AIternaLe M41 �Lbers"..""..",,,,,,,,,,,,,,,,,,,,,,,,,,""..".."".."....,,.,,,.,,.,,.,,,---------..-..--..",,. .,,.,,.,,.,,.9,. ".. ".. " "..".,85 S"t.ion soctiolr Section 1501; 1105, 1506' Jurisdiction-------------- --------------- ---------------- --------------- "... ",,,,,..,,.,,,,,,.,,, ".. Rupor[oir Deferred Mat ters."."" .. "... ".. ",,,,,,,,,,,,,,,,,,,,, ...".."..".,,..,..,,.,,,,,,.,.." Min iinunt A[rendaocc Rcquire,nlynts (Meetings an(l I•learings) " ".. ",,,,,,,,,,,,,,,,, ..,..,,.,,.,,,,, -------- 115 .. ".. "... ". " ",,..,..,,.,..,,,85 ".. ".. " ".. "..".."".,..,..,.116 Section 1507; Training and .4rtendaacc RcquireinenM ------- , ",,,.,,., 86 Sdr,6011 S=ri ort Section Section .a=ction ARTICLE ScctiOIL t 548: Training Costa ,,,,,,,,,,,,,"..--.--..".,-.,,.,,.,,..,,.,,.",."..""..".."".,"",,.,,..,..,,.,,,",.".."".."...". IS09' RcaTroval Procedura ,.,,,,,."..".."".."...",,,,,,,,,,,,,,,,, ............................... ,,,,, ----------------- „ 1510' Removal fns' Causc.." ................"..-..--.--..-,,..,,.,,, ... .,,., .............. ,,.,,,.,,..,,,,,,,".. ]5] I; Leave of Ab �Lce; Excused Absences ....... ,",,,,,,,,,,,,,,,,,"",."..".."".."".,..,.,,,.,,,,,, 1512; r pplicabi] ii}',,,"".."..""..",,,,,,,,,,,,," .. " ":."..".."". ".,,.,,,.,,.,,1- I ".,,..,,.,,.,,.,,,"... XV7; NONCONFORI ING USES_ STRU(:TOIZES AND LOT'S ,,... " ".. " ". " ",,,,,,,,,,,,, 1601 i'onCOnforming Uses.,,,.,, ..."..""..",,,,,,,,,,,,,,,,,"„"..""..""." ".. ...,,.,,.,,.,,,,,,. ".. ". " ".. "96 ILl..........,.,,, ".. 9`7 . ".--- .-- . ".,,.,..,,..,,,,, -.�7 "..-- ,-- ..".. ".," ",..,,.,,,,,88 ".. ".. " ". ",,.,,..,,.,,,.,, ",,89 0111",. " ".-- .-- .. "...,,.,,,.,,, „89 ",,,.,,.,,..,,,.. ".. ".. " ".." ",,..,,1'.19 Section Section ARTICLE Section1701: Suction ARTICLE 1602; 1603; G' f]; 1702= XV31I= Noncanformi ng Strtturures ,",, ..".."".,",,,,,,,,,,,,,,, , ".. " ".. "... ".. " ",........9,,., "."".."".. Non COD FurnLiItg Ws ... ",,,,,,,,,,,,, ".. "0000. " ".. ",,..,,.,,,.,, - ...... "..".,..,,..,,.,,.,,, "............ AD!'+IN STRATI VU I} ROVISION'�S,,,,,,,,,,, NIL ,,,,,,,,,,,, ............... "",,.,,,.,,.,,." ................ General Prokeisiurts„",.."...".,",,,,,,,,,,, ................. ,,..,.,,,, ....... ". " ".. "... ",,..,,.,,,.,, "„ Zoning Aldministralioa ........ ,,,,,,,,,,,„," .............. .,..,,.,,,,...... "",,.,,,.,,.,,,",,.-..-- ENFOIt( HMENT AN I) kEMED[ E. S ........... ,",,,,"..""..".."..,",,,.,,,.,,", ............ ".,.,,,.,,.,,.,, "... "... "."" „90 ,.,,.,,,.,,.,,. ".. 91 .,,,.,..,,.,,--- --.. "92 --- ..- ....,........,..,,.- -. -92 .-- .. ",,.,,.,,.,,.,,,... ".92. . ",,.,..,,.,,.,.. ".. ".. " "94 Section1801 Section Section Sectionl Section Section ARTICLE Scuion Section1902: Section , I80Z: 1 - $04: 1805; 1806; IX; 1901: 1903' Violas[ ions ..." ............." ........ ,..,,.,,.,,,.,,-- .......... II•.,,.,,., .............. ,..,,,.,,..,,.,,"".."... Fincs arrd Imprisonment ........ ,,,,,,,,,,,,, 1- ........ „" .,,.,,.,,, ",..- _. ".. "_.._,,,.,. 0000.,,, ".. Artioa75, Piroceedings, AdditiontiI Penalties,,,,,,,,,,,,,," ......... ,.,,..,,.,,,,, ......... Stop Work Order,.,..,,.".. I LA I I N I I I I I'm -- I'm I I =A I LE I 1 00 1 1 9 1 1 1 1 1 1 1 LE I I m iiir I I ---------- AM isrepre'se.11tation ,, ME ""..".."",,,,,,,,,,,,,"."".."...","..,..,,.,,.,,,""..""."",...,..,,.,,,,. . " ".. "..."„..,..,,,,,-- Complaints of Violations .- ..--- &9,,..,,,••,•,,,, ,,,,,,,,,,,,,,, ,, " ".. " ". " ",,..,..,,.,,, .... ".. 1AISCELLAxN601.1 5 PROV ISIONS,.,,.,,.,,,".."".." ............."...""..".."..... ......1,. ".. "... Se.verabiki[ I ... '" Map .." ",,..,..,,.".."" ..... --------- „-.,,.., .,,,"... Effective D:tte,,...• ".. " ",..,,.,,,,,,.. " ".. ".. " ",94 "... ".. ".,..,,,,,.,1 .. ".. "..94 ",,. .,..,,.,,.,."".""...,,.,,.,,94 ,-. ,,..,,,,,,,,".. ".." ".,..,..,,95 I- -I--.. ",,.110095 10110095 "....,,..,.,,., 111119 " ... "- .- .,..,.,,,,,, ".. " ".. ".. "„9b "... ". ".,,.,,,,,,,1 ---- .. ".,.,,96 00 ,ft,.96 .. ii Revised Zoning Law .Draft.09212011 Draft S_mrp -doc TOWN OF DRYDEN DIMING LAW ARTICLE I: TITLE This Local Law should be referred to as the Town of Dryden onJng Law. This Local .Law 1-nay also be referred to as the Zoning .Law, or sometimes this Local Law. ARTICLE II: GENERAL PRO T IONS Section 200: Purpose The purpose. of the Local Law is: to promote the health, safety and general welfare of the community; to conserve land and natural resources and, under and pursuant to the laws of the State of New York, to establish zones wherein regulations concerning the use of land and Structures, the density of develops llenk the sane of }ands, the percentage of a tot that inay be occupied, and provisions for parking and control of signs are set forth so as to encourage the appropriate development of the town and the preservation of the rural charactej of the community in accordance with the Town's 2005 olnpi)01enslve .Plan„ Section 201: Precedence of More Restrictive Standards The provisions of this Local Lau are in addition to provisions set forth in other 'f own of .Dryden laws or regulations, as well as any other lawfully adopted laws, rules, regulations or ordinances, including but not limited to those of the state of New Fork, the fM- eral govern nlent and Tompkins County Health Department, Wherever the requirements of this Local Law are at variance with the requirements of other Town of Dryden laws or regulations, and other lawfully adapted laws, rules, regulations or ordinances, the more resv-iGtive or those imposing the higher standards shall govern, ARTS. I, f1 Revised ZDning Law_Araft_Q921201 l_DraFt B_ntirp -aloe ARTICLE M: : DEFLNI.VON • Except where specifically defined herein, all words used i.n this Local Law shall carry their customary Fords used in the present tense include the future, and the plural includes. the singular; the word "Lot" includes the word "plot," the word "Building" includes rile word "Structure," Lhe word "shall" is intended to be mandatoi.y; "occupied" Pr "used" shall be considered as thaLUgh follow;M by the words "03- intended, arranged or designed to be used or occupied." Certain cipecific words and reri-as used in this Local Law and generally, capitalized are to be, inteimpreted as defined beIow, 'The failure to capitalize a word or Lorm in this Local Law shall not be construed that such word or Lerm should 11ave a rneanina different from that: defined herei11- Abandon � To rive up with the intent of never again claiming one's right or interests ia3; to Cr over or surrender completely- adult Bookstore — Au establishment having as a substantial or sicmificant portion of its stock In trade in books, magazines, arrd other periodicals which tare distinguished or characte3iced by their cmphawis on mtatter dGPICtin;, describing or relating to Specified Sexual Activities and/or Specified A11atornloal Areas, or an establishment with a segment Lrr section devoted to the sale ol- d i sP I ay of such material. Adult Entertainment Business A 1)obIic ostablish men t, Iocatio11, oil 8 trucrure w),ich features topless dancers, nude dancers or strippers: male or fcmale, a]- a location, or Structure used for pm,senting, lending or selling rnodon picture fil.ins, video cassettes, digital media, cable LClevision, or any other such visual med -la, or used -for presenting, lending, or selling books, rnagaZlnes, publications, photographs, or any other written r aterials distinguished or ehal- acLerized by an emphasis on matter depicting, describing or relating to Specified S C I ACtiVLties anchor pe iFied Anatomical Areas, n Adult Entertainment Business includes an Adult Bookstore. Adult Use — The use of land, or a ,StrLacture f:or an "Adult Entertainment Business" or an "Adult. 1130okstorc," Agricultural Use — .See Farin Operation. AgriculturemMated. Enterprise — A retail or wholesale enterprise providing services or products LatiliZed in agricultural prodoWon, sLach as Structures, agricultural equipment and agricultural equipment parts, livestock, feed, seed, fertilizer and agricultural equipment repairs and wholesale or retail sale of grain, fruit, produce, trees, shrubs, flowers or other products of loctal agricultural operations. 2 f ART, 113: DtPWffIONS Revised Zoning falv_1)raft_0921201 1 Draft B- imp.doc Appeat — An application to the Zoning Board of Appeals (ZBA) for relief from and review of any order, requirement, decision, interpretation, or determination made by the administrative off cial ci�argecl vvi:th the enforcement of the Zoning Law. Artist Studio/ Craft Workshop — A place where artists, artisans, craftsmen and other skilled tradespeople produce custom/ -made art or craft products, where they teach such skills, and/or where they sell such ark or products_ Automotive Repair Garage — Any Struccturc and/or Lot used for the repair and/or servicing of motor vehicles, or for motor vehicle body work, structural repair or painting, a utomotive Sales — Any Lot or Structure used -for stales, rental or leasing of new or used cars, rucks, motorcycles, boats or other motorized vehicles including tractors or construction vehicles. Automotive Salvage1juuk Yard — A Lot or Structure and any place of storage or deposit:, whetter in connection with another business or not, where two or more unregistered, old, or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held_ whether for t]ie purpose of resale of used parts therefrom, for the purpose of reclailrljng for use some or all of the materiials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the carne or for ',My other purpose; such term shall include any place of storage or deposit for any such purposes of used part, or waste rnater.iais from motor vehicles which, taken together, equal in bulk two or more such vehicles provided, however, the term .junk yard shall not be construed to nnean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce iS IS iron, steel or nonferrous scrap for sale for remelting purposes (ml vI Automotive Towing Service — An establisbi-nent that provides for the transport of a motor vehicle by towing, ccarrylnb, hauling or pushing from public or private property, and which may provide for the temporary storage of motor Vehicles. This definition shall not include an Autoniotive Repair Garage with a tow truck(s) which repairs vehicles on -site, nor shall this use be construed as a Junk Yard_ Bed- andmRimeskfust Establishment — A Dwelling having a resident host in a private single - family home with common dining and leisure rooms and lodging roams for ovemierht accommodations, the rates for which include breakfast and lodging only, and in which no public restaurant is maintained and no other commercial services are offered, The Bed - and- }3reakfast Bstablishrnent sliall havee not more than ten (10) occupants as lodgers in at least three (3) and not more than five (5) morris. The period of accommodation shall be of a clearly temporary nature. Such use shall not be construed as a Boarding House. Std- and - Breakfast Home — A Dwelling having a resident host i td n the primary .Dwelling of a private single - family or two- family home in which at least one (1) and not moire than two (2) rooms are provided for overnight accommodations, tine rates for which include breakfast and l�)dgjng only, and in which no public restaurant is maintained_ The J3cd- and4BreaUast !-tome 3 ART. Ill= DEFCNTTTONS Revised Zoning f 9w.Drof —092.1201 I.Dratt B_MI-P.ds)c shall not have more than four (4) occupants as to €l;ers, The period of accommodation shall be of a clearly temporary nature. SLIch use shall not be, construed as a Boarding House._ Billboard — Sce Sign — Outdoor Advertising; Billboard. Boarding House — Any Dwel ling in which inore than three (3) persons, either individual ly or as families, are housed or lodged for liire, with or without meals A roojydnc house or a furnished rooming house shall be deemed a Boarding House. Ruffer Strip � A rove of densely planted sbirubs and trees with Iow branchos .intended to reduce noise and screen out obi ectaonable views. Building — Any Structure where space, greater thaii 1.50 square feet iri area, is covered or F,ncIosed (See Structure)_ The preferred term is Structure, Building, Accessory — A subordinate Structure, the use of which is customarily incidental to that of the Principal Building, and located can the stone Lot as the principal J3iMding, Build*ng Hei rill t —The vertical distance from finished grade to the hia11est point of a 1<lat roo For the midpoint of a pitched roof, Cn a 17.illside lot, finished grade should be considered as the average finished grade osi Ell uphill Side Of a Structure, Building Line — The line farmed by the interseetion of a vertical p]1 ine that coincides with the most projWi (i $Lll "Face of the Structure, Building Permit — A huildiner permit issued by the town based upon plans that comply with all applicable codes. st atutes, laws, ralcs, reguladons and necessary approvals, Cabin or Cottage — A Structure designe4 for seasonal occupancy and DoCsuitable for year - round living, ainpgmund T An area to be used for G'ansient occupancy by camping in tents, camp trailers, travel trailers, luotor homes, or similac movable or temporary sleeping quarter,% of any kind_ Thh; use shat l not be construed as a Retreat or C() aFereace Center, Car Wash — A Structure or portion t]iereof used exclusively For the business of washbig, cleaning and waxing motor veil 1clesI Cemetery — Land used or intended to be used primarily for the burial of the dead and dedicated to cemetery Purposes- 4 ART_ f1L-DL•TTNMONS Revised Zoning Law_Draft_09212011-Draft S_nirp_doc Commercial Development Design (.'Fuldeltnes — the Town of Dryden Coirnnercial Desvidopment Design guidelines adopted on December 3, 2008 as an amendment to the Zoning Ordinance. These guidelines are now found in Appendix C, wed are here=by made a part of this Local Law by reference to such Appendix. Commerfiial Horse Boarding Operation — an agricultural enterprise, consisting of at least sever ('7) acres and boarding at least ten (10) horses, regardless of ownership, that receives ten thousand dollars (510,000.00) or more in gross receipts annually from fees generated either through the boarding of horsey or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. Under F10 circumstances shall this definition be construed to include apertttions whose primary on site function is horse racing. Cun regate Care Facility — A facility providing residential care and services in community integrated settings for persons who may rcquirc assistance with daily activities. Such services May include twenty40Lrr -h0Ur supervision, room and board, house=keeping, case management, recreation programs, medication management and, where necessary, provision or arrangement for the provision of enhanced professional services such as medical, nursing, physical therapy quid other personal care services. Congregate care facilities include assisted living prL)V:amL, and adult care facilities run in accordance with New fork State requiren3ents. Contractur's Lard — Any space, whether inside or outside a building, used for the storage or keeping of op lrable construction equipmem, machinery or vehicles or party thereof which are used by a construction contractor_ A building trader or construction contractor is defined as bLLt not limited to carpenters, electricians, masons, site work conLractors, plumbers; hutting, ventilating, and air conditioning (J-lV) technicians, general Contractors, etc. Day Care Center, Child — A facility which is not a Dwelling Unit in which care is pruviried on a regular basis to rhrez (3) or mare children [See 18 NYCRR § 413.2(g)]. Day Care Home, Family — A Dwelling Unit which is a personal residenc�c and occupied as a fancily residence which provides daycare to three (3) to six (6) children [See 18 NY RIZ g 41.3,2(i)], Day Care Homes, Croup Falrtily — A Dwelling Unit which is a personal residence and occupied as a family residence which provides day care on a regular basis for seven (7) to twelve (12) children [See 18 NYC R R 41 3.20)]. Dwelling — A house, apartment, or other place of residence. Dwelling, Accessory Unit - A secondary .Dwelling Unit which is accessory to a Single- Family Dwellincr, for use as a complete, independent living facility with provisions within the accessory AMRI� uniL for cookie¢, elating, sanitation, itatio, and sleeping. An Accessory Dwelling unit way also be located its an accessory Structure to the principal Single - Family Dwelling, such as a detached 5 ART. 111= nFF&rM0N8 Devised Zoning L. kw_ )raft_09212D 1 I Draft B_miT.doc garage, provided that the accessary tructuri:; is clearly an accessory use to the Single - Family Dwc11ing. An Accessory Lwelling Un it sha]I not be confused with a Two - Family D ellin;, Dweiling, Multi- Family — A Dwelling %.vjth separate lupine, units for three or more families having sepanite or joint entrances and including apartments. group hornes, townhouses, cottage holnes and condominiums, also a group of Dwellings on one lot with each Dwelling containing separate living units for three or more fam.il.ies having separate or joint entrances and includin0 aparC�n Mts, grOUp homes, townhouses, cattagc homes and Cortclnminiums. Owe] Iing, SinglemVainily — A detached Structure (not including a mobile Dome) that is designed 01' used excleLsIV?,ly al; living (ILIWers for one {1) farnily. Dwelling, Townhouse — A Series Building of three (3) or more attached Dwr;,] ling Units, each of whioli shams at least one common wall with �ln adjac;ent Dwelling IJnit. For die purposes of this Local I_,iiw, except where specifically stated odiclrwIse herein, a Townhouse Dwelling sha]1 be wristrued its a form of:Multi- FarnilyDwelling. 11 relliry�, Tvko- Family+ —A detached Dwelli ng containing no more than two Dwelling Units for the use and occupation by no more than two (2) fall- flies_ Dwelling, Upper- Flour. Apartment(s) — One or irtore .Dwelling Units that are locared aboi a a commercial Use_ Dwelling Unit, d.u. — A group of rooms which air, designed far residential occupancy by a single family and providing housekeepin; facilities for such family. In determining the number of Dwelling Units within a Structure, consideration is given to the separate use of or the pro0sion made for cooking, Jteating and s'alh wary i:acilities � +rllefher instcalkal or not; both dlc actual use to which the Dwelling is being put and the potemial use to which the Dwelling migbt be put, Edurutional Use — Use of land where learning in a general range of subjects is provided, includinb related sLipport and accessory uses, associated with the educational purposes of the insCitudon. T17e definition includes institutions, that provide cultural e.duct6011, such as rnuseurnl or galleries. Eder Cottage — A separate, detached, temporary Single- Farnily Dwelling, accessory ro a Single.- or Two�Family DwOling on a lot; and occupied by 310 more than two residents, one of whorl must be 55 years of age or older, Family — An iindlvidual, or tu+o or rt7ore persons related b }+ blood, marriage or adoption, accup }'ing a Dwelling Knit and living as a xin,gle household, For purposes of this L ocai Law, a fbjilily may also consist of not more than four unrelated individuals occupying a Dwelling Unit and Iiving as a single household. The two definitions carnet be combined. 6 ART- Ill. DErTN11FIQN5 Reyised Zoriiog T.aW_Draft 09212011 _Draft 13_ nrp_doc Farm Operation — The land and yin -farm buildings, equipment, manure processing and handling facilities, and practices which contribute to t1ie production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a Commercial Horse Boarding Operation, a Timber Operation and "eornpost, mulch or other biomass crops" as defined in the New York AgricuILure and Markets Law. Such fw-m operation may consist of one or more panels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. l +arin Stand — A seasonal or temporary stand for the sale and display of farm products_ Frontage - The linear measurement in feet of that part of a Lot coincident with a Public Highway measured at the edge of the Public Highway. A corner lot shall be considered to have frontages on both Public Mghways. Gasoline Station — A Lot, including Structures thereon or parts thereof, other than an Automotive Repair Garage, that is used for the sale of motor fuels dispensed from pumps and motor vehicle accessories and supplies. Permitted accessory uses may include Facilities for lubricatI washing or tither minor servicing of motor vehicles andlor the retail sale of convenience items, including but not I.ilrlited to snacks and beverages, provided such accessory uses are located indoors. Motor vehicle body work, major SUUCtural repair or painting by any means are not to be considered permirLed accessory uses. fighway - See Public Highway. Home Occupation: Level 1. - A business conducted entirely within a .Dwelling and carried on by the inhabitalts thereof; which use is clearly incidental and secondary to the use of the D ellin; for residential purposes, and which- use does not ci which business does not involve the employment of more than dally basis. The business may employ others who do not report There shall be no exterior evidence of such home occupation, with Section 903(Q(3)(c ). range the character thereof, artd one person at the .Dwelling on a to the Dwelling on a daily basis, except for a sign in accordance Hume Occupation; Level 2 - A business conducted on a residential Property and carried on by the inhabitants thereof: Which use is clearly incidental and secondary to the use Of the Dwelling for residential purposes, and whjch use does not Change the character thereof, A Level 2 Home Occupation may employ up to three (3) persons who report to the Dwelling on a daily basis. The business may have more employees who do not rep art to the Dwelling on a daily basis. Hotel - A facility offering transient lodging accommodations for a daily rate to the general public_ A Hotel may provide additional services, such as restaurants, rnecting moms and recreation facilities. The period of accommodation shall be of it clearly temporary nature. ,Stich u%e shall not be construed as a Boarding House- 7 AW1'. III: DEF135%I-MON5 Revised Zoning Law_Draft_092120 11 _T) raft B —ni p -doc Industry -Might — A manufacturing or maintenanue opera iion conducted who IIy within one or more Struccwres where any process is used to alter the nature, size or shape of articles or mw rnaterials or where articles to assciubled and where said goods or services are consumed or used at another location, 'Flee extenor appetncc of the Structures shall resemble Office )buildings and fJie impacts of the use (noise, fumes, ,Lod vibrations) shall not exceed those typically associated with an office use. Mdus#ry- Manufacturing — Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts, the creation of products, and the. blending of materials such as oils, resins or Liquors, These Industry-Manufacturing uses have grt;ater. Unpacts than light industry uses in terms of noise, furnes, and vibrations, Inn — A cornmercial facility, resembling; in character traditional residcntial coristruclian, providin; lodging and meals which is cliar�acLeri ?ed by com iron dining facilities arid a common leisure room available for use by ledgers and the general public. The period of accommodation shall be of a clearly temporary nature. Such use shall not be cunstrue(l as a Boarding Douse, Invasive Specie* — plan - native plant species on the list of invasive plants colnpiled by R Robert Wesley', April 1.998 which includes the common naive, species name wand fair4kly- This list is now found in Appendix I), and is hereby made a part of this Local Law by reference to such Apperid.ix. 0 ;)lurk Yard — Any place of storarre or deposit, whether in connection with smother business or not, where two or mare miregistered. old, or secondhand motor vehicles, no longer intended or in conditioij} for legal use on the Public Highways, are held, whether for the purpose of jrsale of used partc. therefrom, for the purpose of reclaiming for use same or all of the maerials therein, whether metal, bless. fabric Of uthcrvise, For the purpose of disposing of tl7e same or for any other purpose; such term shall inCILlCle any place of stora;c or deposit for tu7y such purposes of used parts or waste maaterials From motor vehhicles which, taken together, equal in bulk two or more such vehicles provided, however, the term funk Ywurl shall not be construed to mean an establishmenL having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel o,• nonferrous scrap for sale for remelting purposes only. Kennel — Aav commercial establishment. Where fr_iur or more dogs. cats, or other animals over th e months of age are kept, raised, sold, boarded, bred, shown, treated, or 0 01-oomed. Library — A public institutioli with a Structure containing printed, pictorial, and audiovisual material for public use for purposes of study and reference- Loading Berth — A dedicated area for the receipt or distribution of inaterial.s or merchandise by motor vehicles, including space; for their standing, loading and unloacitn¢- S ART, T: DFFINFCLO NS Revised Zoning La%v_Draft_0921201 [_Draft B_mrp.doc Lodge. or Club — A membership organization that holds regular meetings and may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage in professional entertainment for the enjoyment of dues paying members and their guests, as well as programs for the general public, such as retreats and recreational, educational, cultural, health, and public interest related progrars. Lot — An area of land having defined boundaries held in separate ownership from adjacent property and which in all respects complies with the requirements of the district in which it is situate. Last Area — An area of land the size of which is determined by the limits of the Lot lines bounding said area and is usually expressed in tertns of square feet or acres. Lot Coverage — A measure of intensity of land use (usually represented as a percentage of the Lot Area) that represents the portion of a Lot that is impervious (i.e., does not absorb water). This percentage includes but is not limited to all areas covered by Structures, driveways, roads, sidewalks, parking areas, and any other impervious area, Lot Depth — The mean horizontal distance between the front and rear Lot lines measured in the general direction of the side lot lines. For the purposes of these defi.initions and the provisions of this Local Law, Lot Depth and Setback Lines shall be measured from the title line of dedicated, ® platted or deeded Public Highways and from the user line for highways by use. Lot Width — The horizontal distance between the side Lot lines taken at the front Yard line or Principal Building Line and measured along a line which is at right angles to the Lot Depth. Lot of Record — Any lot with an area, width or other dimension which is less than prescribed for a lot in the district in which such lot is situated if such lot is (i) under one ownership of record since the effective date of the original Town of Dryden Zoning Ordinance, or (ii) wider one ownership of record since the time of any amendment to the original Town of Dryden Zoning Ordinance which amendment changed the area, width or other dimension requirements with respect to lots in such district and which lot, except for such amendment, would have been in all respects in conformance with the requirements of such original "Zoning Ordinance, or (iii) any lot shown on an approved subdivision plat filed with the Tompkins County Clerk and not combined with any other lot or parcel for the purposes of real property assessment at any time following such filing. Manufactured Home — A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a Dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air - conditioning, and electrical systems contained therein. The term shall include any Structure that meets all of the ® requirements of this definition except the size requirements and with respect to which the 6 ART. nL DCFINMONS Revised Zoning Law_Draft_0921201 t_Draft B— mrp.doc manufacturer voluntarily files a certification requierd by the United States secretary of housing; and urban development and complies with the standards established under Title 42 of the United States code; and except that such term shall not include any self - propelled recreational vehicle. Manufactured Home Park — A parcel of land under single ownership, which is improved for the placement of Manufactured Homes for non - transient use and which is offered to the public for the placement of five (5) or more Manufactured Homes. Mining — The excavation and sale of topsoil, sand, gravel, clay or other natural solid mineral or vegetable deposit, or the quarrying of any kind of rock formation. Mining Subject to Stale Jurisdiction mining from each use of more than one yards, whichever is less, of minerals months, or an operation which results (100) cubic yards of minerals from jurisdiction of the New York State F: nvi — An operation which results in the rni.ning or proposed thousand (1,000) tons or seven hundred - fifty (750) cubic from the earth within twelve (12) successive calendar in the mining or proposed mining of over one hundred or adjacent to any body of water not subject to the ronmental Conservation Law or the Public Lands Law. /Mining not Subject to State Jurisdiction — All mining which is not defined as Mining Subject to State Jurisdiction, Mobile Home — A moveable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year -round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components for repeated towing. Mobile Home shall mean units designed to be used exclusively for residential purposes, excluding travel trailers. Ntotel — See Hotel. Municipal Facilities — Highways, water and/or sewer facilities or other public services or facilities that are directly or indirectly provided and maintained by a municipality. Municipal Use — For the purposes of land, building, or Structures owned by governmental bodies. Natural Gas — Any gaseous substance, in a natural state from the earth and temperature and pressure conditions, derived from petroleum or other hydroc the use restrictions of this Local Law means the use of the 'Town of .Dryden or other municipal corporations or either combustible or noncombustible, which is produced which maintains a gaseous or rarified state at standard and/or gaseous components or vapors occurring in or arbons. 10 ART. In: DEFENVIONS Reylsed Zoning Law .Drarr_092 1201 [_Draft A_mrp_doc Natural C'ras and/or Fetroleum Exploration — Geologic or gcophy�ical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic Surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation cf natural gwq, petroleum, or other subsurface hydrocarbon deposits. Natural Gas and/or Petralcurn Exploration and Production Materials — Any solid, semi- solid, liquid, semi - liquid or gaseous material used in th7 , exploration or extraction of natural gas, Natural Gas Exploration and/or Petroleum Production Wastes — Any garbage, refuse, cuttings, sludge, flow -back fluids, produced waters or other discarded materials, including solid, liquid, semi- solid, or contained gaseous inaUmal that results from or is associated with the exploration, drilling or extraction of natural gas and /or petroleum. Natural Gas and /or Petroleum ExtractiiPn — The digging or dri1liaig of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, Natural Gas and /or Petmleum Support activities — The construction, use, or maintenance of a storage or staging yard, a water or filuid injection station, a water or f14Lid gatheri ng station, a natural gas or petroleum storage facility, or a natural gaS or petroleum gathering line, venting station, or compressor associated with the exploration or extraction of natural gas or petroleum. Nonconforming Use — A Structure or use of land existing on the date of enactment of this Local Law which does not comply with the allowed use regulations of the zone in which said Structure or use is located. Nursery /Greenhouse, Retail — A retail establishment for the growth, display, and /or sale of plants, shrubs, trees, and materals used in indoor or outdoor, planting, conducted within or without an enclosed Structure. Office 3uildinn — Any Structure in which space is rented and persons employed in or who conduct the management or direction of an agency, business, organization, profession, or public adir lydstration, but excludi11a ,such uses as retail sale, manufacture. assembly or storage of goads, or places of aisembly and an3uselumt, Open Space — The area of a developmenL not occupied by Structures or Pawed areas for vehicles and including formal ,stormwamr mans ement facilities (no more than 20% of total Lot Ares) as %v411 as green infrastructure stormwater facilidos (open space set aside, swales and 60% of the area of a green roof if not accessible by or visible to the public), and including parks, dedicated opwn space, iandscaped areas (plantings, lawns, parking lot islands), and inclining sdewaiks or trails used to access Chest areas, including Accessory Structures accessible to the public and intended to enhance the Open Space, 11 ART_ [I I: 1)EFTN910NS Revised Zoning Law.Draft- 092120 1 l —Draft 13— lnrp.doc Outdoor Storage — Commercial told industrial storage outside the confines of an enclosed Structure of any equipment or materials in usable condition which are not being specifically displayed as merchandise or offered for sale. Outdoor Storage shall not be construed as a .funk Yard, Contractor's Yard or Self- Storage. Parking Space — An off - street space available for parking one vehicle and which dimensions are 9 feet wide and 20 feet long, not including maneuvering area and access drives, but %with Board approval in Site Plan Review or Special Use Permit review may be approved to be modified to target specific vehicles such as compact cars and motorcycles. Paved — A smooth, hard, dense surface, which is durable and well- drained under normal use and weather conditions. Planned Unit Development. — An area of land intended to provide for a variety of land uses planned and developed in a manner which will provide a community design that preserves critical environmental resources, provides above- average Open Space amenities, incorporates creative design in the layout of Structures, Open Space and circulation of vehicles and pedestrians; assures compatibility with surrounding land uses and neighborhood character; and provides efficiency in the layout of Highways, public utilities, and other Municipal Facilities. Planning Board — The Town of Dryden Planning Board. Professional Office — A Structure used for the organizational or administrative aspects of a trade or profession or used in the conduct of a business and not involving the manufacture, storage, display, or direct retail sales of goods, characterized by low traffic and pedestrian volumes, lack of distracting, irritating, or sustained noise, and low density of building developments. This definition may include, but is not limited to, the offices of: accountants, appraisers, architects, planners, engineers, financial planners, insurance brokers or adjusters, landscape architects, lawyers, consultants, secretarial agencies, bonding agencies, real estate, mortgage or title agencies, investment agencies, and persons with similar occupations. Public Highway — A road or street, either deeded or by perscriptive easement, that is maintained by a, village, town, county, state or the federal government. Public Safety Use — Voluntary or professional individuals or entities providing municipallgoverrunental services providing for the health, safety, and general welfare of the public; including, but not limited to, fire, emergency, medical, and police services. Public Sewer and/or Witter Facilities — A sewage disposal system or water supply and distribution system operated by a municipality; a sewage disposal system or water supply and distribution system authorized for public use, whether for a residential subdivision, or for. commercial, industrial or manufacturing Buildings, and approved by the New York State and/or 12 ART. [IL DEFII*'Tr10NS Revised Zoning La4v_Draft_0$21201 I —Draft B_nrrp.dac Tumpkim, County Departments of Health, the Department of Environmental Conservation, and any other governmental agency having jurisdiction thereof. Public Utility — Infrastructure and services, that supply an everyday necessity to the public at large, such as PLibl.ic Water and/or Public Seiner Facilities, electricity, natural gas, and telecommunications. A Public Utility may bc. owned and operated by a municipality or a private entity, or a combination thereof. Recreation, Active — recreation that involves organized athletic activities requiring fixed I such as playing fields and/or accessory infrastructure such as stinting areas, changing facilities aMVor concessions, Active recreational activities include but are not limited to team sports such as basuball. soccer, and lacrosse, smaller group sports such r,s racquet sports, golf courses (and associated facilities such as driving ranges) and other active recreational uses that require permanent infrastructure such as a skateboarding park or ice rink. Recreation, Passive � Recreation that generally does not involve organized athletic teams ancuor si ;tuficant fixed infrastructure, apart from such improvements, as trails, parking areas, restrooms, picnic; shelters and the like_ 'Massive recreational activities include but art not limited to jogging, biking, cross country skiing, hik.in;, walking on recreational trails and paths, horseback riding, wildlife viewing, picnicking and relaxation. Recreational Facility, Aniuseme nt — A commercial or non- oomrnercial recreational use that may be permanent or temporary in nature, for the conducting of recreational activities including but not binited to traveling carnivals, circuses, amusement parks, driving ranges (not associated with a golf course), batting cages, mini -golf, paintball courses, bowling centers, roller skating facilities, and similar indoor or outdoor recreational activities. A public park shall not be, considered and regulated as an Amusement recreational Facility, Recreational Facility, Athletic — A commercial or non- cornmerciial recreational use that may be permanent or temporary in nature, for the conducting of recreational activities including but not limited to swimming, tennis, court: games, baseball and ether field sports, riding academies, and playground activities, but excluding reicreational activities involving mechanical devices that a»e powered by non4:iuman means, such as motorised vehirdes. A public park shall not be considered and regulated as an Athletic recreational Facility. Recreational Facility, Nfutorized — A commercial or accessory use that may be pe i nanent or temporary in nai motorized vehicles which includes All '1''errain Vehicles, limited to go-kart tracks, dirtbike tracks, and race tracks_ nonmcommer6al recreational use, or .ure, which involves the operation of motorcycles etc_, including but not Religious Institution — Use of land and /or Structures by a tax - exempt institution, a bona fide religious sect or denomination where religious worship and related activity is conducted. 13 ART- ITL AEF NTMONS Revised Zoning Lau'_1]raft_0121201 [.Drift B_mrp -clot + REsidentia r l Design Guidelines — the I i own of Dryden Residential Design 0uide1ines adopted on December 3, 2008 as an amendment to the Zoning Ordinance. Those goidclines are now found in Appendix 13, and arc hereby made a part of this Local Law by reference to such Appendix. Restaurant — An esLablislvllent., including TLiverns but excluding bars, where food and drink is prepared, salved, and sold. ]detail Business — Any business involving the sale In sinal.l quantities of a larger inventory of items to transient customers whether in a shop or other building, or elecLronically or key mail, Retail Shopping CeniterlMdazas — A lot used for two (2) or more corniiiercial unit's, attached or detached, which relate tip a corrunon parking area anti common points of ingress and euress and a common G1rCLlliltion pattern- Retreat cr Conference Center — A facility used for service organizations, businesses, L)rofeswional, {' {lucatll311c11, Ql` re mee`dri s oil senliniu-s limkted to acconnodation, for attendees- The accorrunodations can include sleeping, eating, and recreation- Road — Sor, I'u.h1lc Highway. SEQ.R — '['ho New York Srate En�rironmenml Quality Review Act found in Env.u-onmental Con servation Law Article 8 and Lhe implementing regulations found in 6 NYC R Part 617. 0 Self - Storage — A Structure or Structures irk which materials, oocls, or eykkipment are stored with separate storage unfits having individual accecis for stora¢e of personal or business property, ,Self- srorage operations with ,seveaal separate Structures shall all be considered tog4ther to form one l } priirlal`y Struc -Lure for the purpose of Site Plan Review, Senior Care Facility ^ A Living acid care faciLity for over Len (i0) seniors iti }L variety of settings, Senir►r Housing, Family — Living fiicilitics of €tiri ng a family type of living environment where residences tut designed to feel like a home instead of a mcdictll facility and to blend in architecturally with aleighborin8 homes. The residencies are designed aq efficient homes for six (6) to teal (10) se`uors, each of whorn has a private room with a private bath and easy access to all communal areas of the house, including a living room area, dining area, kitchen, laundry, outdoor garden, and patio- Series of Building — For Lhe purposes of this Local Law, a series of Multi- Eiuiuly Dwelling Units with shared wall coil structionI Service Business — Any business or nonprofit. organization that proyides services to individuals, i businesses, industry, governmenL, or other entcri rses. 14 ;;RT. 17L: DEFTYFFOXs Revised Zoning Lai —braf_- 0921201 I_Draft B�mrp_dac Setback Lincs - See Yards. Sign — Any device, object, or building facade used for tht visual communication or advertisement of � place, building, product, service or name. Sign — Outdoor Advertising Billboard — Any device, object, or building facade situated on private property and used for advertising goods, services or places other than those directly related to the property on which said sign is located. Site Man — A rendering. drawing, or sketch prepared to specifications and containing necessary elements, as set forth in this ]meal Law, which shows the arrangement, layout and design of the proposed use of a single parcel of Iand as shown on said plan. Plats showing lots, blocks or sites subject to review as subdivisions under Town Law 276 and the Town of Dryden Subdivision Law are also subject to review ac, site plans_ Special Use Permit — An authorization of a particular land use which is permitted in this Local Law, subject to requirements imposed by this Local Law and by the, Board authorized to grant such permit to assure that the proposed use is in harmony with this Local Law and will not adversely affect the neighborhood if such requirements are met_ Specified sexual activities: a. Human genitals in a state of sexual stimulation or arousal; or b. Acts of human masturbation, sexual intercourse or sodomy; or C- Fondling ar other erotic touching of human genitals, pubic region, buttock or female breast. Specifiied anatomical areus: a. Less than completely and opaquely covtred buman genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; or b_ 1i man male genitals in a discernible turgid state, even if completely and opaquely covcrcd, Street - See Public Highway. Structure — Anything constructed oc erected on the ground or with a fixed location on the ground or attached to something hoeing a fixed location on the ground. Structures include, but are not limited to, Buildings of a size exceeding 150 square feet, walls and fences over 6 feet in height, radio towers, power generating; equipment such as freestanding windmills and solar panels, swi mrrun ; pools designed for a depth of three (3) feet or more, billboards, poster panels and signs_ All Structures, regardless of size, shall be erected in compliance with the setback 15 ART. F11= DEFINCTJONS Revised Zoning Lntt_Draft_0921201 l Draft B_mrp.doc requirements for their respective district. The following shall not be classified as Structures for the purpose of this Local Law: fireplace chimneys, flagpoles, and antennae. Tavern — A commercial ,Structure where food is prepared, served, and sold and alcoholic beverages are consumed on the premises. Theater — A Structure or part of a .Structure, devoted to showing motion pictures or for dramatic and /or comedic live performances including musicals, recitals, concerts, or other similar entertainment, including dinner theaters. rl'imber Operation — The on -farm production, management, harvesting, processing and marketing of timber grown on the farm operation into woodland products, including but not lirruted to logs, lumber, posts and Firewood, provided that such farm operation consists of at least seven (7) acres and produces for sale crops, livestock or livestock products of an annual gross sales value of ten thousand dollars (SI0,000) or more and that the annual gross sales value of such processed woodland products does not exceed the annual gross sales value of such crops, livestock or livestock products. Town Board — The Town Board of the Town of Dryden, Tompkins County, New York, Traditional Neighborhood Design (TND) — A type of neighborhood design with a focus on pedestrian facilities, front porches, back alleys and emphasis on the human use of spaces in the resulting form and function, as well as commercial or mixed use developments that emphasize human use of spaces and attractive character of buildings. Use, Accessory — A use which is customarily incidental and subordinate to the Principal Use on a Lot and which is located on the same Lot. Accessory Uses or Structures shall not be permitted on a Lot without a permitted Principal Use or Structure. Unless otherwise permitted in this Local Law, an Accessory Structure shall not be permitted in the front yard of a Principal Use. Use, Principal — The main or primary use of land and/or Structure on a Lot and which determines the overall character and appearance of use on the Lot. Variance a. Variance, Area — The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements established by this Local Law. b. Variance, Use — The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this Local Law. Warehouse — A building or part of a building designed for the receiving, storing, and distribution of goods, wares, and merchandise, whether for the owner or for others, and whether is 16 ART. nt• DEFTNMONS Revised Zon ii7g 1.a w�DrafL04212011-Draft B n4,doc it is a public or private warehouse, This definition incIudes a wholesale business for shippingireceiving, Not including inciduntal or temporary use of an ernpty building for stiarage. WorkshoplGarage — Nors- Caminercial - A Structure used for the conduct of non - commercial, low - intensity activities such as woodworking, personal vehicle repair, and storage. Normally considered an accessory use, bLit may be allo wed without a principle I uilding- Yard — A Yard is an open space other than a court on a Len unoccupied and unobstructed from the ground upwards between the Lot Line and the nearest line of the S[ructures on the Lot, except as otliej_Wise peri-n itt�ed. (See illustration below for location of front, side and rear yard.) 17 ART. TIT: DEFINITIONS Revised Zoning Law_Drif[_C19212011_Draft B_rnrp.dcc ARTICLE IV: 'LOl\'1NG DISTRI.0 "i'S Section 400: Districts For the purposes specified in this Ordinance, the Town of .Dryden is divided into the following zoning districts: CV - Conservation District The purpose of the Conservation (CV) District is to protect areas of the town that contain a variety of ecological and open space assets that warrant protection from the impacts of development. Residential uses and agriculture will remain the primary land use activities. H — Hamlet District The purpose of the Hamlet (H) District is to allow mixed -use development in keeping with the character of a small hamlet. The Hamlet District encourages new development and redevelopment that will increase the attractiveness of these areas by offering a diversity of options, including townhouses, single- and two- family dwellings, small apartment buildings, and mixed use (residential /commercial) buildings. New development should complement the architectural and urban design character of existing buildings and streets in the hamlet consistent with the Residential and Commercial Design Guidelines, Agriculture is an allowed use. LIO - Light Industrial / Office District The purpose of the Light Industrial/Office (LIO) District is for Light industrial and warehousing enterprises, oil-ice operations and service enterprises, or research and developin software and equipment design businesses. Agriculture is an to define a location in the town buildings and administrative m.nt enterprises such as computer allowed use in this district. LIO-A - Light Industrial / Office / Adult Use District The purpose of the Light IndustriallOiiice/Adult Use (LIO -A) District is to define an appropriate location in the town for adult uses that is separated from and minimizes impacts to non - compatible uses such as residential areas, schools, churches and parks. In addition to adult uses, all other uses permitted within the Light Industrial /Office District are permitted within the Light Industrial /Office /Adult Use District. Agriculture is an allowed use in this district. i.SRDD - Large Scale Retail Development. District The purpose of the Large Scale Retail Development Oistrict (LSRDD) is to provide the opportunity to evaluate a location in the town where large -scale retail development may be appropriate, and to define specific requirements for the review and possible approval of large- scale retail shops and shopping centers. This type of development requires a Special Use Permit and Site Plan Review to develop a property for large -scale stores or shopping 18 ART. Iv: ZOINVO DISTRICTS Devised Zoning Law-Draft-0921201 [_draft B_mip.doc centers as defined herein. This district is not mapped, but may be proposed on any property, not in Tompkins County Agricultural District 1, along a ,State or County .Public Highway, M — Mixed Use Commercial District The Mixed Use Commercial (MC) District allows a mix of retail aiid service businesses, office buildings and research and development businesses such as computer software and equipment design businesses as well as nmsidential development. The district allows for mixed use development. Agriculture is an a]1owed use in this district. NR - Neighborhood Residential District The purpose of the Neighborhood residential (NR) District is to define areas of the gown where established neighborhoods are situated in a rural ladscape and constitute the pri n mary land use. Single family homes arc the predominant form of development, and future development is unlikely, Home Occupations are the primary commercial activity in this district, Agriculture is an allowed use in this district_ RA - Rural Agricultural District The purpose, of the Rural Agricultural (RA) District is to define an area of the town primarily for agricultural use and associated natural areas protection_ 'F17e Dural Agricultural Distriot is an area that is intended to remain rural and where agriculture its recognized as the primary land use_ Small scale rural businesses which are agriculturally related or ,supporting may be appropriate in this district, RR - Rural Res]drrttinl Drs #riot The purpose of the Dural residential (RR) District is to define an area of the town where residential uses situated in a rural landscape constitute the primary land use. Public water and sewer does not exist in this area. Single- and two-fa miI y homes are the predominant fonn of development. Agriculture is also expected to be a substantial land use well lento the future. TN - Traditional Neighborhood Devid opine nt Overlay District The purpose of the Traditiional Neighborhood Development Overlay District (TNDOD) is to provide development alternatives for landowners located at the periphery of villages and in hamlets that do not currently have water or sewer. Public water and sewer does not currently exist in these areas, and it will be necessary to develop or extend such infrastructure in order to take advantage of the development alternatives provided under the provisions of this overlay district_ Utilizing incentive zoning authority in Town Law, land in the overlay district can be developed more intensively in return for specified public bcnefits and the incorporation of Traditional NeighLioncood Design (T D) principles in tht. design of sites and structures. Small scale businesses, primarily in mixed -use structures, can also be incorporated into these areas. 19 ART. ]V- ZOT@TKG DISTRICTS Revised "Zoning Uw_Drea t_ 09212011_Draft B_m'p,doc Section 401: Zoning N'Tap All land in the Town of Dryden shall fall within one of the established zones as shown on a reap entitled the "Town of Dryden Zoning Map" Dated September 1, 2011. The original and official Town of Dryden Zoning Map is filed with the Town Clerk. A reduced and unofficial copy is found in Appendix A. Section 402: Eloundary Determinations Where uncertainty exists as to the boundaries of a zoning district as shown on the Zoning NoTap, the following rules shall apply: A. Zone boundaries are intended to follow parcel lines whenever possible. Where boundaries approximately follow parcel lines such parcel lines shall be construed to be said boundaries. B. Where district boundaries are indicated as approximately following the center line or right -of -way Line of Public Highways, such lines shall be construed to be district bound ties and follow such center line or right -of -way line. C. Where district boundaries are indicated as approximately following a stream, lake, or other body of water, such stream center line, lake or body of water shoreline shall be • construed to be such district boundaries (unless otherwise noted on the Zoning Map). bi the event of a change in the shoreline or stream, the district boundaries shall be construed as moving with the actual shoreline or stream. D. Where a district boundary is not indicated as approximately following the items listed in subsections (1), (2) and (3) above, or is not designated on the Zoning Map, the boundary line shall be determined by the use of the Town's Geographic Information System utilizing the Zoning Nlap boundaries laid over aerial imagery. h. Where district boundaries are based upon natural features such as slopes, topographic contour lines, watershed boundaries, soil types, or ecological communities, such boundaries may be more precisely established through field investigation by a qualified professional. �. Whenever any Public Hig.h� adjoining each side of such former highway, and all of be subject to all regulations vay is abandoned in highway shall be at the area included in within the extended the manner authorized by law, the district ttomatically extended to the center of the the abandoned highway shall henceforth districts. G. In the event that none of the above rules are applicable, or in the event that further clarification or definition is considered necessary or appropriate, the location of a district boundary shall be determined by the ZBA. 20 ART. IV: ZONIA'G DISTRICTS Revised Zoning Law_Draft_0921201 I_Draft 13_mrp.doe H. One Parcel in Two Zones. When a parcel is divided by a zoning district boundary, the regulations and requirements of the least restrictive zone may be extended for a distance of 100 feet into the more restrictive zone. 21 AR,r. IV: 70SIYd DISTRICTS Revised Zoning Law_Draft_09212011_Draf II nrl),doc ARTICLE V: USC REGULATIONS Section 500: Restrictions on Land /Structure Uses A. \1 o Structure or land shall be used except as provided in the Allowable Use Groups Chart in Section 501. Uses which are not explicitly perntit'ted are prohibited, unless specifically stated elsewhere by this Local Law. B. If an applicant proposes a land use that does not clearly fall within any of the categories contained in the Allowable Use Groups Chart in Section 501, the Planning Department shall deny the application for a Zoning Permit, and inform the applicant of the process of appealing such denial to the ZBA, or refer the applicant to the Town board for its review and possible consideration of an amendment to this Local Law. Sectiion 501: Allow•ahle Use Groups Chart A. In the following Allowable Use Groups Chart: "P" means the use is allowed as of right, but in many cases requires Site Plan Review: PA" means an accessory use is allowed as of right; "Special Use Permit" or "SUP" rr►eans the use requires a Special Use Permit; "X" means the use is not allowed in that particular district. B. The following uses shall be subject to Site Plan Review: 1. All Business Group Uses; 2. All Community Group Uses; 3. All uses requiring a Special Use Permit. C. Building Sizes: 1. In the CV, RA and RR districts, no Business Group Use shall include a Structure larger than 5,000 square feet without a variance, 2. In the H District any use that includes a Structure or Structures larger than 5,000 square feet requires a Special Use Permit. 3. In the LIO and MC Districts, any use that includes a Structure larger than 20,000 square feet requires a Special Use Permit.. 4. No single retail Structure shall be permitted in the town larger. than 45,000 square feet or a retail shopping center greater than 90,000 square feet, except as provided for in Section 802. 5. Agricultural Structures directly related to an agricultural use shall be exempt from all such building size limits. • 22 ART, V: USE REGULATIONS Revised "Lotting Law Drafi_09212011_Draft B_mrp.doc. USES NR RR RA Cv H IviC LIO, LIO -A Neighborhood Rural Rural Conservation Hamlct Mixed Use Ught Indusuialf Residential Residential Agricultural Commercial Office AGRICULTURAL GROUP Agricultural Use P P P P P P P earmstand P P P I' P P P USINFSSS GROUP — All Permitted uses arc subject to Site Plan Review Adult Use (see SUP §1302) X X X X X X Only permitted in LIO -A Agriculture- Rclauxl Enterprise X SUP P P X P SUP Artist Studio/ Craft X P P P P P P Workshop Automotive Repair X SUP SUP SUP SUP SUP SUP Garage (see § 13 10) Automotive Sales X X X X X SUP SUP Automotive Salvage X X SUP SUP X SUP SUP and Junk Yards utomotiveTowine X X SUP X SUP SUP SUP Service see §1306 Bed-and Breakfast X P P P P I P SUP establishment Boarding House X SUP SUP X SUP X X X SUP SUP SUP X X X Campground Car Wash X P P P X SUP P X SUP SUP P X P P Contractor's yard Day care center, child X SU-P SUP X P P P Drive- thrcmugh facility X X X X X SUP SUP see $1309' X X X X SUP SUP SUP asoline station cneral Office X X X X SUP P P Building X X X X SUP P SUP [ote.l / Motel Industry, Light X X X X SUP P P ndustry/ Manufacturing (see X X X X X SUP SUP $1303) nn X SUP SUP SUP SUP P X Kennel (see §1308 ) X SUP SUP SUP X SUP X Large Scale Retail X SUP X X SUP SUP SUP Development 23 Revised "Zoning Law_Draft_0921201 I Draft 13_ntrp.doc USES NR RR RA Cv H MC LIO, LIO -A Neighborhood Rural Rural Conservation Hamlet Mixed Use Light Industti;rl/ Residential Residential Agricultural Commercial Office SUP SUP SUP X x See Section See Section 1301 x x See Section 1304 1304 for for me tricuons for restrictions 11'\Iininju see 13041 restrictions 'urscgdGreenhouse, x Ste, 1, SUP SUP P X ctail Professional office x SUP P SIJP P P P Restaurant x SUP SUP x SUP P SIJP Retail business x x SUP x SUP F p Retail shopping x X x x SUT SLIP x Centers ! plazas RctmatorConference x SUP SUP SUP SUP SUP x Center elf -story qe X x x x x SUP SUP Service business x Slip SUP x SUP P P Cheater x x x x SUP P P Warehouse x x x x x SUP P RLSMENMAL GROUP cd- and - Breakfast P P P SUP SUP P x home Congregate Care acilily x P P 13 P P x Day care home, P P P P P P X Family Day care homr, P P P P P P x anuly Grow P p P P P P x wcl ling, accessory as per $1311 as per § 131 1 as per § 1311 as per § 1311 as per § 1311 as per § 1311 unit (see § 1311 Dwelling, multi• x SUP SLIP x SUP SUP x Tamil Dwelling, single- P p p I' P P X amil • wcllint two•Ca,nil ' x P 13 p P P x , Dwelling, upper -floor x x x x SUP SIrp x arirnerrt s Elder Cottage scc See § 1305 Sce § 1305 See § 1305 See § 1305 See § 1305 See § 1305 x §1305 HonreOccupationt P P P P P P x Level 1 Home Occupation: x SUP SUl, SUP SL)P SUP x vcl 2 V anufactured Home x P P P SUP SUP x 24 Revised Zoning Law_T)rafL0921201 l .Draft B rFuV,doe US &S NR RR RA CV H NIC: 1.101, LTID -A Neighborhood Rural Rural Cm5cTynlioil Hamlet Mixcd Usc Ughtlndusrrial! Residendtil Residential Agriculiuml. Corrmmor 10 OMicc SIYIrynly SIT12 oniv 5UFonly SUP only With Wilh with Witll X Municipal Municipal x Municipal Municipal X anUfactu3+ed Home Wailer find Waler and Water and Wafer aiid Pork Sewer Seiner Scwcr Scwcr svbdc Hvmc x x x x x x K e3linr1410 uSing, SUP SUP SUP SUP SUP SUP x Family enior Carc Facility SUP SUP x SUP SUP x !rn- Commcrciai P P P P P P k3 `DM l UNITYCROITP —All Pernut#ed arc nlb'cctto Site Plan Review ISS�tkY X P P P L' P P ducatianaiusc SIP SLIP SUP SIjP SUP x Librar x SI?P ?C X SUP SUP x Lodge or club J{ SUp SUP SUP SUP Y x h-Tun iei al use P i' P F P I P P Public Safay USC }{ SUP SUP SUP SUP SUP SUP Public Utility SITP SUP SUP SUP SUP SUP RCI igiOUS I3kSlJLntiOn SUP SUP SUP SUP SUF SUP SUP 11KCREATIONAL GROUP Rruredtlon, Activc x SUP SUP SUP SUP SUP SUP ocreadoil Passive P P P P P P 2 reation Fncilily, X SUS SUP SUP Amusement l��reatinnal Facility, x SUP SUP SUP SUP rUF SUP lthletic cCa+e- ali=al Fa iliiy, { SUP SUP 7C Motorized 1.CUSSORl USES CROUP Any accessory PA PA PA PA PA PA PA uildi»g pr tLSG e[e3917i Med lly dun l:tnning Depminent r 7i ming Tioard of Alppea]s ro be usinmeriIy incidental o x permitted ufie, including detached ara es and sheds_ 2 j Revised Zoning Law DrafLO921201 /.Draft 13_tnrp.doc USES 1\R Neighborhood Residential RR Rural Residential RA Rural Agricuiturd CV Conservation H Harnlet NIC Mixed Use Commercial LIO, LIO -A light Industrial/ Office Accessory PA PA PA PA PA I'A PA creational uses, derrick, building, or other structure; or to place any machinery or equipment for any such purposes. such as swinuring pools and sports arts, Provided that they are in compliance with the Gback requirements for [lieprincipal use. Off - Street Parking PA PA PA PA PA PA PA ,acilities Section 502: Prohibited Uses A. Prohibition against the Exploration for or Extraction of /Natural Gas and /or Petroleum. No land in the Town shall be used: to conduct any exploration for natural gas and /or petroleum; to drill any well for natural gas and /or petroleum; to transfer, store, process or treat natural gas and /or petroleum; or to dispose of natural gas and/or petroleum exploration or production wastes; or to erect any derrick, building, or other structure; or to place any machinery or equipment for any such purposes. l3. Prohibition against the Storage, Treatment and Disposal of Natural Gas and/or Petroleum Exploration and Production 'Materials. No land in the Town shall be used for: the storage, transfer, treatment and /or disposal of natural firas and/or petroleum exploration and production materials. C. Prohibition against the Storage, Treatment and Disposal of Natural Gas and /or Petroleum Exploration and Production Wastes. No land in the Town shall be used for: the storage, transfer, treatment and /or disposal of natural gas and /or petroleum exploration and production wastes. D. Prohibition against Natural Gas and/or Petroleum Support Activities. No land in the Town shall be used for natural gas and /or petroleum support activities. E. Tnvalidity of Permits, No permit issued by any local, state or federal agency, commission or board for a use which would violate the prohibitions of this section or of this Local Law shall be deemed valid within the Town withortt a Use Variance, 26 ART. V: USE REGULATIONS Revised Zoning Ltlw .DrafE_09212011_Draft B_ntrp.doc ARTICLE VIl AREA AND BULK REGULATIONS Section 600& Area and Bulk Table The following table includes the minimum requiremurlLs for a building lot. Unless otherwise indicated this table does not indicate the n Lim ber of lets that can be creaked from a paecel, NR I4eighb6rhood Mimmupi`lot V4`- ithu}�I�•E_rsF�_r 10,000 of a�td �t�iter f.icd�titsy pq(Aie I acre sewes aotl_16ater rk lit;0 - T4leiumtimfiron`F` '50 feet_ �4inirri60, tiid'e 15 rk *t }�ird'aettincl€ [feet] . L.. , 1 _foot �c�essort :: �ihalr 15.1'ect Bnildiog`Heibt _J. I I4iInimum rear 25 feet ru yaidsetb'_aclz inlrlIng WO -thaiti l: fftLl3L Irig.. te21.8r L 41aW rn Wi Lof ISO felt rfWila;i Mummurb I.0 100 feet _ L Md tll 4 hiFlxi Inumil�l' 25�io ,Coverage {90} Niawniuui 1 35 feet u�ldmgHeight sec, §604 R� ltiu al �II`reet - l;rnrtt �r l;foot 2�U,feet 8,M160 1603 1(MO feet 3-fcrt See #644 RA RurM Agricultural ioAOo Sr I �CrO 50 Pee# 1S teat ! fuc�l 25 feet 1 foot 254 foci See 093 100 feet 2590 35 feet See 9694 F i.oiiseiv_atiod � 1 it !I acre ��II Peet.. "'15 feet . x fool .. - 25 frtiet Tait , See §0031 3a flat' See.,9lr[W 27 ART. V!: AROA AND BULK RE=GULATIONS Hainlet dlixetl Use Light ` :Corimercirl ndu' U (}ITiee 1.0,999sf 10�000sf 70,000.yF 1:acre l .icier 1 sere i ,I0 rest 40 iC_Ct: ; ..40 reek or 7rert r 7.5 Feet i f. ` if 1Puilding *, - ,5=ree# liiiild�ngti':WTL -F ;9ire nht; ' att3elied , attached .1 toot 1 Tool a fi��il 25 feet ; ' 2� t_eet 25 feet r 1 [opt foot 1 iaat 150 Feet 1.50 feet I5 {I f�til tr — 50 feet, r 125,fc*Lt I ZS feet . 50�o ' - 6096 fi1196 35 feet 35 Pcel 35 feet See §604 See *14 See §604 Ir ART. V!: AROA AND BULK RE=GULATIONS RcviSLA Zoning Law_Draft_0921201I Draft 8_mrpAck Section 60:1: Additional Density in [be CV, RJR and RA Districts For relief from the minimum .Lot Nine and m' ri.imum Lot Frontage irqui rem enis in the CV, 1�IZ and RA Distdas, ,see the Town of Dryden Subdi��Iclon Law which permits increase[] derisity with the use of shared driveu+a ys using one road t[ccess point. Etnd private, roads ti ti117ing not mare than two roild access points_ Section 602: TRtscrved ,Section 603: Standards fur Flag Jots in the RR, Wk and CV Districts A lot in the RR, RA, or CV Districts may derive its Frontage and access by means of a narrow portion of land connecting the Public Mahway and the Ia.l'ger rear portion of thin lot, pro vided that no portion of the access from the Frontage shall he less than 50 feet wide. The front Yard saback of such a {lag lot shall be measured frurn Ch C, rear lot lino of the lot hetween the flag lot and the Public Highway, lay the case of a lot with radial or angled side Lot lines, the front 4T rd setback shall he established where the Lot meets the mialmum Lot Widtl7 requirement when measured parallel to the strut from which the, Lot derives access_ Section 6114: Evemptions from Height' equirements The following Structures are exempt from Building Height requirements in the table above: (;hurrh sieeplcw, water tower% farm Structures, public monuine,mts, and those Struaurec. subject to tIpproval under ether Local Laws such as the Reneww�able Energy F�fit:i]itiCS l:aW and the TelecnmmunI atiom To er-Siting Law. Section 60SR Reserved Section 606: Density in the MC Zone The followw�ing table includes the maximum density and related restrictions in the MC Zone: rl v�iZ �ji 1.)wellMg Uhits per Aerc IlesFriehn�s_ th, W114 4 14]ufe�'Ir�(�kily {lienlbl N LlvFelling;LJculspe LIJ I4°luU� F�unly {lo`xnh,��4e [�r y rvel]wg Units [P Erl LLM],ng _ c (op n ben es {if Euildin�s .':� Conclinu�xdurn },,cferilccnp��.. o I 128 AP%T. VT: AREA AND [�UIX REGULATIONS Revised Zoning Law— DrafL092 1 20 1 1 —Draft B —mrp -day 29 A7lkl. V I_ AREA AND BT JT K REGULATIONS Tj gc rrf DiVClixug ITvrclliug Units per ,acre �testrictiaos. - A'o than 8 �`analy(Llataehe llweliin`g Uiuis) 6 grerclQ - �sidiprlur_il,i#wlrlin'� per �YSult>= parrcl i ♦ i Y . t 2 Rtsidenfitil Dwelling Units per 5,000 Multi= Fsrul }'Cnndan�iniuut {Rei}talj, Over 'space feet cornmerc1 ominerci�4; ' - — - -- 3TStory (wToxunwtl, 6U° Lak C o r,eraage 1 unit, I14iilti 1 aitiil}, Nlwti =SOIM (Hental) S r�i�x�nw�i�{20 u�uiv:yer• Buddisip tar 4rries of liuildsnFsj, L - `` -1 .. 7b '{]per�,5paee u11i Faired} Ci�nd{iFr+imu-- i ;-NTuIb fiIi r- y. L rcr{usrcrnedt, 15 writs per 6 I (c;rC2ti3lj,xn'2 q,inc4) l�M ng. if li ii 3n41 y uirenket�t': 29 A7lkl. V I_ AREA AND BT JT K REGULATIONS ARTICLE V]l# RESERVED Revised Zoimno Law�,DMf�0921201 !_Draft B_m p.doc. 30 ART. V LT- -RESERVED Revised Zoning Law_DrafLO921201 l_Draft 84inrp.duc ARTICLE VIII: OVERLAY DI TIRICT Section 501: 'Traditional Neighborhood Development Overlay (TNDO) District A. Purpose. The purpose of a TNDO District is to establish a developinertt option for parr;els within such underlying zoning district. Property in a YNDO Distrct may be developed in accordance with the regulations of tho underlying zoning district, or utilizing the provisions of this section. Public water and public sewer, or a waiver of such requirement, are necessary to use this development option. The provisions of the Tiw]DO are intended to promote Traditional Neighborhood Development patterns in areas that adjoin existing villages or hamlets, Within a `IND0 District, higher density residential development will be allowed if designed according to these guidelines to ensure that the resulting develapinent incorporates the design principles of traditional neighborhoods. Arimar }+ ohjecti+e of the TDO option is to pro+idc for a diversity of Dwelling types, a¢e givups, and income levels, in a rnanner consistent with the variety of existing Dwellings in the area and with traditional viIIagelharnIa building and site development patterns. New construction is to be predominantly Single- Farnily Dwellings on a variety 0 ofvill a g4Jhamlet -scale lot sires. All projects utilizing the TDO option shall follow the process and procedures described in Article X for Censervation Subdivisions in the Town of Dryden Subdivision Law, except as modiflM hereinr B. histablishriumt of Overlay District. The Town of'Dryden Zoning Map shall delineate the boundaries of possible WDO Districts, A11 TND0 Districts are also RR Districts. Areas outside of such TND0 Districts within the RA, or RR Zoning D.lstrlcts may be developed by these procedures by amendment of the 'town of Dryden Zoning Map, O, Density. Maximum density in the TNDO District shall be six () dwelling ututs per acre subject to the other provisions of this Local Law. D. Permitted Principal Uses: I _ Dwelling, Single - Family 2_ Dwelling, Two - Family 31 Dwelling, Townhouse d, Dwelling, Multi- Family Lip to 40% of net+ units may be in Two - Family or !Multiple- Family Dwellings, When Two- Family or ultipla- Family Dwellings are proposed, they shall be integrated architecturally and in scale with the same streetscape as Single-Family Dwellings, and not isolated in separate areas of the TNDO District, 31 AKL V[]I' OVERLAY 1)1S1'R ICTS Revised Zoning Law_Draft_09212011_Dmft B_mrp.doc h. Permitted Accessory Uses and Structures: I . Private garages or carports for the parking of motor vehicles of residents. 2. Customary accessory Structures to residential uses including, but not limited to, private swimm.ing pools, hot tubs, storage buildings, greenhouses, pet shelters and outdoor fireplaces. 3. Customary farm accessory buildings for the storage of products or equipment. 4. Off - street parking, fencing, and signs. 5. Home Occupations: Level 1. F. Design and Dimension Requirements: 1. Open Space: Not less than 200 of the permanently protected Open Space which is required to be set aside shall be in a form that is integrated into the residential neighborhood and accessible to the public, such as a central green, neighborhood squares or commons, tot lots, a comillunity part(, or any combination of the above. 2. Blocks: Streets shall be designed to create blocks that are generally rectilinear in shape, a modified rectilinear shape, such as curves, or another regularly repeating, distinct geometric shape. Amorphously shaped blocks are discouraged, except where topographic or other conditions necessitate such a configuration. To the greatest extent possible, blocks shalt be designed to have a maximum length of 480 feet. Lanes or alleys shall be permitted to bisect blocks. 3. Street Layout.: The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern, modified to avoid a monotonous repetition of the basic street block pattern. The use of caul -de -sacs and other streets with a single point of access shall be minimized. To the greatest extent possible, streets shall be designed to have a maximum length of 600 feet from intersection to intersection, and, to the greatest extent possible, shall either continue through an intersection, or terminate in a "T' intersection directly opposite the center of a building, an Open Space area, or a view into a peripheral Open Space area. 4. Sidewalks: A sidewalk network shall be provided throughout the development that interconnects all Dwelling units with, non - residential Structures, common Open Spaces, and the original village/hamlet to which the development is adjacent. If the development is not adjacent to a vi lagelhamlet. area, but rather an Open Space owned or controlled by the owner, then a trail system through the Open Space shall be provided. Sidewalks shall be a minimum of four feet.wide, and five feet and six feet wide along major pedestrian routes. Sidewalks shall be of barrier -free design to the greatest extent possible. The pedestrian circulation system shall include crosswalks where appropriate, and include gathering/sitting areas and provide benches, landscaping, and other street furniture where appropriate. 32 ART. VEIL• OVERLAY WSTRICTS Revised Zoning Law.Draft_0921201 I_Draft B_mrp.doc is5. Minimum Lot Area: 6,000 square feet. 6. Minimum Lot Width at Building Line: 40 feet. 7. Yard Regulations: Variations in the principal Structure position and orientation may be considered andthe following minimum standards shall apply: a. Front yard setbacks: i. Principal Structures: 12 feet minimum (6 feet to front porches/steps); ii. Attached Garages (front entrance): minimum 10 feet behind front plane of house; iii. Attached Garage (side entrance): minimum 10 feet from Street Line; iv. Detached Garages (front entrance): min. 40 feet from street and 10 feet behind plane of house or in the rear yard. b. Rear yard setbacks: i. 30 feet minimum for principal Structure and 5 feet for accessory Structures (excluding garages); ii. Detached Garages (rear entrance): min. 10 feet from alley or lane. c. Side yard: Minimum separation of 20 feet between principal Structures; however, the side yard shall be a minimum of 5 feet. 8. Maximum Impervious Coverage: 50 percent limit per lot. 9. Minimum Frontage: Lots must have frontage either on a street or on a back lane or shared driveway. Dwellings served by rear lanes may front directly onto parks or greens, which shall be designed with perimeter sidewalks. 10. Maximum Building Height: 35 feet G. Uses Allowed by .Special Use Permit. The following uses are allowed with a Special Use Permit issued by the town board: 1. 2, 3, 4, 5, 6, 7. Single Family Dwelling with accessory Dwelling Unit Home Occupation: Level 2 Church and other religious institution Horticultural nursery Recreational facilities of charitable, not -for- profit organizations Public and semi- public buildings and uses Bed- and - Breakfast Establishment 33 ART. VIM OVERLAY DISTRICTS Revised Zoning Law Draft_09212011Draft t3_trujmloc 8. Bed - and - Breakfast Home 9. Congregate Care Facility 10. All Business Group uses permitted by :Special Use Permit in the H District H. Site Plan Approval. No site preparation or construction shall commence until site plan approval has been granted by the Town Board. The Town Board shall have full discretion to approve or deny applications for proposed projects within the ` NDO based on compliance with the standards set forth above, as well as in consideration of the proposed project's overall merits and benefit to the town. Amenities and resources that benefit the town at large, including trails, parks and other improvements, shall be taken into consideration in evaluating the merits of the proposed project.. Section 802: Large Scale Retail Development (LSRD) District A. Purpose and Applicability. The purpose of this district is to define a location where large scale retail development may be appropriate, and to define specific requirements for the review and approval of large scale retail shops and shopping centers. B. Establishment of the District. The LSRD District is a floating zone, and is not defined as of the date of the adoption of the Town of Dryden Zoning Map. When the zoning law is amended to create the LSRD District, the Zoning Map will delineate the boundaries of the LSRD District at the same time it Special Use Permit has been granted to allow a proposed large scale retail development. C. Size limitations: Stores - No individual store shall be greater than 45,000 gross square feet in floor area unless an amenity package is included as part of the site plan approval. 2. Retail Shopping Centers - No retail shopping center shall be greater than 90,000 gross square feet in floor *area unless an amenity package is included as part of Elie site plan approval. 3. for the purpose of the size linhits set forth above, floor area shall include floor area or floor space of any sort within a building as well as exterior space used for sale or storage of merchandise. This shall include, but is not limited to, garden centers, outdoor display areas, or lumber yards. D. Building Placement, Parking, Lighting and Landscaping. Conformance to the Town's Commercial Design Guidelines shall be required to the maximum extent practicable, in addition to all other applicable requirements set forth in this Local Law. E. Amenity Package. fn order to increase the square footage for an individual store or retail • shopping center, a developer may include an amenity package to assist the town in 34 ART. Vi11: OVERUtY DISTRICTS ]devised 7_oning Law_Draft.0921201 I�Draft B_ lup.doc 19. For a manufacturing, assembly or other light industrial use —,one parking space for each two employees per shift. 20. For lumber, building materials and other similar storage yards —one parking space for each two employees, plus one space for each 5,000 square feet or major fraction thereof of storage area. 1. For wholesaie, storage amd warehouse facilities —one parking space for each 2,000 square feet of warehouse space, plus one parking space for each 250 square feet of office space. . For all service uses such as printing, welding, plumbing and similarhopsne pw-king space for each employee or one parking space for each 500 square feet of floor area devoted to such use, whichever is greater. 23, For a boardi.rrc, house, lied -and- breakfast eFtablishment and bed- and- breAfast home —in addition to the D ehin; Unit parking requirement, one Parking space for each bedroom to be rented- C. In order to encourage safe and convenient traffic circulation, the board may require the interconnection of parkins; areas in adjacent Lots via access drives within and between such lots- The- Board shall require written assurance andlor deed restrictions, satisfactory tc'the Board, binding the owner, and the successors and assigr►ees of the owner to maintain. such interconnectioii of parking areas. D- Every use requiring, receipt or distribution of materials or rnerehandise by motor vehicle shad have one or more Load1 ng Berths or other dedicated space for standing, loading and unloading according to the following tables. Such Loading Berth shall be of a sufficient size to allow normal loading and unloading operations appropriate to the use of thc, property, and Puch space slia]I not be used for parkin¢ of vehicles, or storage of materials, or to meet the off - street parking requircments- Land Use Classification Leading Berth Requirements Hotel /motel uses I Loading Berth for every 100,000 square feet of floor area, to a maximum of 3 Loading Berths, Light Industrial and Minimum number of Loading Berths required as commercial uses' follows: Less than 25,000 square feet 1 25,000 to 49,999 square feet ? 50,000 to 99,999 square feet 3 Each additional 100,000 1 additional Loading Berth square feet This subsection D shall apply to new Structures or additions to existing Structures, and these requirements shall not be considered to make any existing uses nonconforming uses because of the 1 ack of such off -sweet LA�ading Berths,, 39 AkT. 17{_ GENERAL RECWLAMNS Revised Z iiaoLaw Draft _09212011�01'afr33_ntrg_cloc For all uses reguti.ring site plan approval or a Special Use Permit, applicable facilities for bicycle Parking, as determined by the Board, shall be provided. K Landscaping mid Layout of Parking Areas, 1, a, A landscaping plan for parking arras shal I be subnutted for those uses requiring site plan reyiew or a Speci al. Use Permit. b. All tunas in a parking lot not required for parking spaces or access drives shall be suitably landscaped and maintained and shall include the use of shade frees as herein provided. I In off -strca park] ; facilities with 25 or more parki.rig spaces, at least 15% of the land within the perimeter of dic4 area dedicated to pad in¢ shall consist of raised laMscaped islands, except that the Board may waive or modify this requiremc11t for ;ood cause, shown and in the interest of good design, where fewer than 50 parking spaces are required. a_ Landscaped islands shall be located at the ends of each parking Lay which coi}tainr� ten (10) or snore barking spaces, separating adjacent rows of parkin; spaces at least 4very second parking I)ay and elsewhere as deter.wined approprieatcc by the $oard in order t,o direct vehjcle movement, provide for plant growth and vehlcic overhang, provide for pedextrian circulation and orhuwise help assure prober trac circulation, pedestri ffi an safety and aesthetics. Such landscaped islands and the plantings within them shall be designed and arranged so as to provide vertical definition so major traffic circulation aisles, entrances end exits; to safely channel internal traffic flog'; to prevent indiscriminate diaconal movement of vehicles; to provide cooling shade and relief from the visual impact, monotony and heat of large expanses of paved areas; and, wlicre appropriate., to accornmodate, Stocrriwater man: geirncnt practices suds as biore.Wntion areas, swalies and sand filters_ b. Unless modified by the Board, the ininimurn width of landscaped islands shall be eight (8) feet when located at the ends of parking bays and ten (10) feet %Yhem separating opposing rows of parking spaces or adjacent to circulation aisles. All corners shall be rounded with a curb radius of not less than Oree feet unless otherwise required by the Board. c, The landscaping of off - street parking areas shall include at least ooe Shade tree of not less than three inches caliper (dbh) 'for each six (G) parking spaces_ Main traffic circulation aisles shall be emphasized with such shade trees. Other landscaped islands may be planted with flowering trees andlor other plantings, as appropriate. The shade tree 40 ART, TX: GEE F RAL REGU.ATlGNS Revised Zoning Law_l)raft_0921201 I_Araft B_mrp.doc planting is in addition to ground cover, shrubs and hedges which are to be provided where appropriate to serve their intended function while not interfering with safe sight distance for pedestrians and vehicles. d. The Board may also permit non4andscaped islands, if appropriate for purposes such as pedestrian circulation, snow storage and so forth. Such islands shall not be less than four feet in usable width. e. In addition to the buffer requirements of section 909, all off- street parking and loading facilities shall also be attractively landscaped along their periphery. Such landscaped screening shall be a minimum of ten feet in width. The buffer shall consist of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Board, will serve the intended function. The Board may allow or require a landscaped berm, wall or fence of location, height, design and materials determined suitable by the Board to be substituted for or to supplement the required screen planting. f. New plantings shall be comprised of appropriate native species and shall not include those, invasive species on the "Invasive Plants of Tompkins County" list. ® G. No parking facilities shall provide more than 120 % of the minimum number of parking spaces required by this section unless expressly approved by the Board in approval. H. Stormwater Management, Use of Pervious or Porous Materials. 1. All parking facilities shall be designed in compliance with the town's Stornnwater Management, Erosion and Sediment Control Law. 2. Notwithstanding subsection (A) above, where feasible and appropriate, the use of pervious or porous materials in the construction of parking facilities is encouraged, including the use of crushed stone, porous asphalt and concrete mixtures and blocks or brick laid in sand. The porous or pervious surfaces can cover the entire lot, or certain areas, such as parking stalls. Porous surfaces should be designed to encourage the direct infiltration and cleansing of stormwater, to reduce adverse environmental impacts of large impervious parking areas. I. In the case of two or more different uses located on the same lot, the sum of the space required for all uses individually may be reduced to an aunount no less than 125 percent of the largest number of spaces required by any single use, upon a determination by the Board that such a reduced amount of parking space will be adequate to serve all uses on the lot due to their different character and hours of operation. J. Parking spaces for the handicapped shall be at least eight. (8) feet in width and shall have 0 an adjacent access aisle at least eight (8) feet in width or as othemlise. required by the 41 ART. IX: (IF RAL REGULATIONS Revised Zoning LaW_Drart_09212011 17raft Bmrp.doc New York State Uniform Fire Prevention and Building Code.The minimum number of handicap accessible spaces shall also be as required by such Code. The eight (8) -foot- wide access aisle may be shared by two adjacent handicap parking spaces and shall be part of an accessible route to the building or use which it is designed to serve. Such spaces shall be appropriately located and clearly identified and limited in their use by appropriate signs; a and pavement markings. K. Reduction of Required Number of Parking Spaces. 1. If the Board determines that less than the required number of parking spaces required by this section wilt satisfy the intent of this Local Law based upon the proposed use, and such other factors as the Board may determine, the 13oard may reduce the number of parking spaces to be initially provided by up to 50% of the number of spaces otherwise required. 2. In granting such a reduction in the required number of spaces, the Sparking plan must provide for sufficient area to accommodate the number of parking spaces otherwise required by this section before such reduction, including maneuvering' areas, landscaping, stormwater management facilities, and otherwise required I mprovements. All such reserved areas shall be maintained as landscaped grounds until required for parking. 4. In the event the Board determines, after a public hearing on at least 10 days prior notice to the property owner and the public, that the reduced number of parking spaces are not sufficient for the current use of the property, the Board may then require the construction of sorne or all of the parking spaces originally required but not yet provided. The failure of the property owner to comply with the order of the Board to construct such parking facilities within six (6) months of the date of such order shall be grounds to revoke any Certificate of Occupancy issued by the Code Enforcement Officer. L. For residential Lots: any unoccupied camping trai trailer, or recreational vehicle may be parked on the rear or side of the Dwelling but shall not be close property line. Section 903: Signs er, utility trailer, boat and /or boat Lot. Outside parking shall be at the • than five feet to any side or rear A. The intent and purpose of this section is to establish specifications for Signs in all zones in the Town of Dryden, Compliance with these regulations will permit proper identification of the use of or the address of the premises, preserve and enhance the visual character of the area, and prevent Sign installations that are distracting or hazardous to vehicular or pedestrian traffic. 42 ART. iX: GENERAL, REGULATiONS Revises[ Zoning Lakv_Drafr_092.12011—Draft H_mrp_doC 13_ In general, and unless otherwise Specified in this Set ion, no portion of any Sign shill be located closer than 15 fc� et to any Highway line. Bxcept for an Outdoor Advertisinb Billboard, all Signs shall be located on the premises to which they pertain. O_ All u5e5 allowed by this Local Law, including those allowed by use- variance and special use permit, inay have Signs in accordance with the following specifications: 1. Signs required by law. 2._ Signs of a governmi&a or utility enrnpany not to exceed 32 square feet, 3. Residential Signs; a, One S i gn, not t,o exceed one (1) square foot, for each Dwell irig Unit, b. One Sign, not to exceed 10 squ= feat for a M LIJ ti -Family Dwelling, 13et1 -and- Breakfast ENLablishment or Bed- and - 'Breakfast Home, and Home, Occupation level 2 i n addition io a Sign for the Dwellingr Unit Cl One Sign, not to exceed three (3) square feet, -far each home Occupation Level 1 in addition to a Sign for the Dwelling Unit_ 4. Commercial and Light Industrial Signs: The number of Signs and the sire of each Sign are Shown in "fable 1 for the respective use category. Signs may be free standi n or placed on the exterior surface of the 8tructurc, TABLE 1 Size, Fr€ke standing: umber of Signs Maxintiuny Maximum Size Remarks qupre Feet on Facade Use, Category sign on an exteriol' surface S17all no[ exceed 25% of such Recoil business not in Shopping 2 40 25% area, and inay be in enter addition to the other Signs permittCd in this Cate or _ Rctail business in shopping 1 16 16 Sq, Ft. scoter For a ,Sign facing a s1roppirlg centers or plazas; Highway, a minimum ail ufrirsuring, assembly or light 2 150 20% setback of 30 feel industrial Lkses from t1EC Highway line is required. 43 ART. a: GENERAL REGULAWONS Revised Zonierg f,.aw_Draft_092i 2011 —Draft B_mrp,[loc 3m, feree Standing: Number or Sigpis Maximum Maximum Size Remarks Use Category Squn!v Feet on Famde Whalesalu sales, storage, lr']IlCfti , } �cicling, p]LL,rillino: and i1rtIlar uses, automobile, and irzt 6inery S.LICS, SCIY1Ce, W-Mhi11g 2 so 20% ri {[ r1ia111[I1.iIlCE: t OQLfYLerCl7� intl[aor r"Veatiou; motuls, ouldokw £atix c. Offices and laboratories f 80 20: fir 7ddition, two aclvurtisin� Signs not 0asolino stations 2 32 10�c to exceed ] 0 sq. fr- rue allowed. g. Crimps, clubs, outdoor ecreationlat�ilit�es,sctlaols, 2 24 Churches Farm SLands 3 16 5. Signs advetrt.i ilIg the sale, lease or rental of Qhe 17rerrtisCS upoo which the Sion is located: One (1) Sign, not to exceed 10 cicluare feet if not located on the 13uilding and oil (]) sign not to exceed 50 square i feet f located on the'Buildi n 11 6- Temporary Signs den[�tir�g the architect, cnGirteer, or COncractor placed on premises where conrtrucdon] repair, or renovation is in progress. One (1) S1011.1 not to exceed 32 SCILIarc feet - 7, a. Bjllboards: Billboards shall be allowed only by .special Use Pcrmit and shall not: exceed 160 ([LI2re feet- ii. have more than two faces On any One strucLure, whether the faces are back to back, side by tide or one nn top of the other. iii - be located closer than 30 foot from an d+ Highway line. iv- be located within one -half mile from another Billboard, or closer than 500 feet from The boundary of a residential or commercia] zone, oil any residential or commercial zone within the Villag4 of Dryden. or the Villag, e of FreeviIle. v. exceed 15 feet in 1161ght, including suppoirt, measured frurn the eleva[ ion at the edge of the paved sudace, of the Highway adjacent thereto, M ART. Ix: GENTIZALRS; ULATIONS Revised Zoning Lakv_Draft_09212011_Draft B_mrp.doc b. !n considering ari app Iication for a Specia] Use Permit, in addition to the other requirements of this Local Law, the Board shall take into consideration the size, type of construction, design; location and its effect on surrounding property, safety of vehicular traffic and maintenance provisions, includi��g a provision for removal of the Billboard, if abandoned, C, Setback at intersections An Outdoor Advertising Billboard, except those attached to a Building, shall not be located closer than 300 feet from a Highway intersection. d. l ainteriance of Outdoor Advertising Billboards. All Outdoor Advertising Billboards must be kept in good repair, be clean, neatly painted or placarded, and free from all hazards including, but not limited to faulty wiring, loose fastenings or darnaged supports, The Billboard shall not be dangerous to the public health or safety_ ff the Code Enforcement Officer shall find that an'y such Billboard violates any of these provisions, he shall give written notice of such violation to the owner of the land, and the Billboard shall be removed or the deficiencies corrected within a period set in such notice but not less than 30 days from such notice. 0 e, In the event that the owner of the Outdoor Advertising B Ilboard o the owner of the ]and on w1l1ch it is situate shall fail or refuse to repair or remove such Billboard within any required period, the Cade )enforcement Ofijcer may remove or repair of such Billboard. All costs and expenses incurred in the rernovaI or repair of such 'Billboard shall be co] rected from the owner of the ]and or the owner of the .Billboard in an action at Iaw, or such costs and expenses may be assessed against the owner of the land upon which the Billboard is sit4tate and shall be collected as part of the town tax next due_ No such amount shall be so assessed rind collected unless a nonce in writing of th4 amount due has been sent to the owner of the land on which the Billboard is erected prior to the first (lay of September of the next year in which the amount is to be assessed and co] lected along witl7 the town tax, S. Boarding House, 13ed- and - Breakfast Fstablishjne, or Bed - and - Breakfast Horne: nt One (1) Sign not to exceed six () square feet with indirect lighting Only. If a Special Use Pennit is required, the Sign is subject to the approval of the Board. D, 1. Elttrrdriation of rely Sign shall cirtp]oy only light emitting a constant. intensity. No Signs shall be illuminated by or contain flashing, intermittent, rotating, or rnoving light. in no event shall an illuminated Sign be placed or light directed so that the illurrunation is directed upward resulting in light pollution, or be directed upon a Nubile Highway, sidewalk or onto the adjacent premises or that results in glare or reflection that constitutes a traffic hazard or a nuisance. 45 ART, TX: (IENT.RAL REGULAT3GN$ RPMsed Zoning Law Drak- 092k201 1_Drillt B=)nrp.doc 2 8 igris shall Lie illuminated by a shielded light source, or sources, to restrict the area illurninatcd to the ,Sign face, and downward- E. Advertising letters or symbols on opposite sides of a Structure less than one foot thick shall he considered as one Sign. F. if a Sign consists of independent, detached letters or symbols, the area of said Sign shall be &teriTjned by measuring the asea within a polygon enclosing all of such letters or symbols, G. No freestanding Sign and its structure shall exceed 15 fleet in height. 1 f. Where pernutred on Buildings, Suns shall be on the �,,:xteriar wall of the Firulding and no portion of a Sign or its support structure shall extend above the fascia oil be mounted on the roof or above the roof. Section 904: Obstruction b) Vision On any corner Lot - no hedge, fence, planting, Wall, or Stntcture shall be pi4cm.itted nearer than I51ect from the Highway lines if such will result in an obstruction to Lhe visii of motorists. Section 905: Flight hazard Area A. For the purposes of this seak)n T Ight Lazard A1-ea" shall mean that area as defined by Article 14 of the General Municipal Caw and pursuant Lo the applicable statutes, cocles, rules and regulations of the Federal AvitLtion A.dn3.inisnirtion, Except as pro %?ided herein, all uses may be allowed In the Flight Hanrd Area of the lthaca'fompkins Regional airport, 2, No il'fulti- FarnSl} Dwellings, hospital, nursing 1]ome_ or place of public assembly sha.li I)c allowed in an area dcsign.Eited as a Flight Hazard Area for any private airport or heliport, C. Before any Building Permit can be issued for ally Structure or use in the Fli ght Hazard Area of the Ithaca Tompkins Regional Airport., the Code EnforcemenL Officer shall be. satisfied tint such Structure or use complies with all applicable federal, sate and local statutes, codes. rules and regulations for L'he use or construction of property within a Flight Hazard Area, D. Before a Building Permit can be issued for any ,structure or use allowed jtn the Flight Hazani Area of any private airport or heliport, tl7e Code Enforcement Officer shall be satisfied that such Structure or use complies with all applicable federal, state and local statutes, codes, rules and regulations for the use or constructions of a Structure within such Flight: Im.lazard Area, 46 4 ART, IX: QENMAL kBaU ,.ATIONS Revised Zoning LawDra[l_{19212)I I Drat B_mrp.do'u Section 906: Abandoned Cellar Holes and Buildmg� Within one �1) year after work on any excavation n for a trocture has begun, such disturbance must be graded to final contours or if no construction was begun. the excavation must be r,�storcd to the pre- existinb grade. Any Structure substantially damaged or destroyed by any casualty shall be rebuilt or demolished within one (1) year following such damage or destruction except as provided in Article XV1. Any cellar remaining after demolition or destruction of a Structure from any casualty shah be restored to grade within one (1) year followille such demolition or destruction, Section 917: Farm Stands A. A Farm Stand shall be at least 50 feet from the Public Highway centerline. B. A "arm Stand shall provide a safe means of ingresslegirss and parking for customers' motor vehicles. Section 908: Outdoor Storage Outdoor storageldisplay may be allowed as an accessory use, provided that such storage/display areas aa'e screenzd from all highways and residmcial arias. Such storage /display area shall not encroach on any yard setback, nor be located in any designated Iandscapingfbuffer area set forth on an approved site plan. Section 409: Landscaped Buffer Requiremcnts for M.u.)UMFOMily and Non= Residential Uses A_ All port.i.ons of Multi- Family and non - residential Lots which are not used for Structures, off = street ptvking and loading areas, sidewalks or similar purposes shall be, landscaped and permanently maintained in such manner as to minirniac erosion and storm ater runoff and harmoniously blend such uses with chc surrounding residential character, B. A7ulti- Family or non - residential uses abutting or directly across a Highway from any residential property in a CV, H, NR, RA, lilt or TlslDO District, shall have a Buffer Strip along or facing any common property lines. Such buffer Strip shall comply with the fallowing minimum standards; 1. It shall be a plantLnb of such type, heigl3f, spacing and arrangement as, in the judgment of the Board, will effectively screen the activity on the Lot from the neighboring residential area_ In the case of industrial uses, plantings shall be at 0 least six (b) feet high at planting and at least 12. feet high at. maturity, 47 ART_ lx: GENERA REGULATIONS Revisi:d Zoning Law DraE492120 Draft Bmrpdoc � _ _ 2, It shall be. at least 20 feet in width, except in conjunction w'ifli industrial uses, in which case the buffer strip shall be aL least 30 feet 1 a width. 3, No site improvements, including parking areas, shall be allowed within '1i5 feet of Lhe inside edge of any buffer strip, A well or fence of location, height, design and materials. approved by the Board may be substiitut,ed for part or all of the required ])Iant.ing and buffer vc-a. 5. Whc e, the existing topography and /or landscaping provide adequate scruenin�, the board may waive or modify the planting and/or buffer area re(ILl irements, Section 910: Exterior Lighting All exterior lighting in C011.11GUCiOn with ill Structures, Signs of other uses shall be directed away from adjoining highways and properties and shall not cause any glare observable front such highways or properties. Hours of alluminadon [nay be restricted by the Board in any site plan approval or Speclal Use Permit, No use shall produce blare so as to cause Lllulwnation beyond the property on which it is located in excess of 0.5 footeandlcs. Tight fixtures shall be designed to prevent light pollution by shielding the light source and directing light downwards, away from the night ski+. Section 91:x: U44e oi' Nativele Species of VlanLs Required No required landscaped 13affer Strip, Site Plan or other regUirecl landscape plan or planting schedule shall contain or pi�opc)Le an Invasive Species, and no llhvasivc Species shall be planted or maintained in SLICll .Buffer Strip, landscape flan of } lant;ngs. 48 ART, IX: 6[ENGRALRFAULA'rE NS Revised Zanino Lakv_DraFL_09212011_Draft B-ii rp,doc ARTICLE Xb PLANNED UNIT DE LL PI1+1ENT DISTRICT Section 10011: Purpose A Planned Unit De m velopent (PU D) is intended to provide for a variety of land uses planned and developed in a manner which will provide community designs that preserve critical environmental resources, provide Open Space amenities, incorporate creative design in the layout of Buildings, Open Space and circulation of vchicl es. and pedestrians; assure compatibility with surrounding land uses and neighborhood character; and provide efficiency in the layout of Highway4;, utilities, and other Municipal Facilities_ Section 1001: Vaud Use and Development ReguSations A PUD district is a new zoning district that replaces part or all of an existing zoning district or districts_ The developments Land ards and land uses jn an approved Development Man shall be the zoning regulations, standards, and land uses in the PUD district. Upon approval of a Development Plan as herein provided, the Town of Dryden Zoning Map shall be revised to identify the area covered by each PUD district_ Section 1002: Permitted Iypes of PUD Devcloprnent A. Within an approved PUD district, Khe fol to i n types of development are permitted: l.. Single- Family Dwellings with no increase in permitted density; 2. Single - Family Dwcl Bugs with an increase in otherwise permitted density; 3. Multi-Family Dwellings with or without Sing le- Family Dwellings, and with or without an increase in otherwise permitted density; 4. Single -use nonresidential development, such as Office Buildings or cornmercial development; 5_ Nonresidential uses combined with either Single- Faam.ily DwOlings, ul'QWFM)1j1y Dwellings, or both, with or without a change in otherwise permitted density, B. All uses listed in the Concept Plan and Development Plan applications must be a permitted or accessory use in one of the, Lown's zoning districts, except adult uses which are restricted to the LIO -A District. 49 ART. K: PLANNED UYn' DFV5T,0PMFA7 DI.STRIC01'S Revised Zx iii ag La% %o— Draft_09212011 _]gaff B_mrp_doc. Section 1003: Procedure for Review and Approval An application for a PUD dir�tnct shall consist of a l?UQ Concept flan and PUD Development Plan, A PLTD zoning districi is established at the same time a FUD Development Plan is approved by the Town Board. This following procedure shall apply to the creation of a PLTD district; A. Pre- Applicztion Conference, Prior to submitting a PUD Concept Plan application. the applicant shall meet with the Planning Department to review the zoning reauldtions of the project area, review the procedure and discuss the proposed use and development of the project oxea_ .l °he applicant shall not be required to present any written or graphic materials at Elie pre - application conference, but a sketch plan is encouraged. The Planning Department shall furnish Clip, application forms required for the Concept Plan and DEvelopment Plan approvals. The application forms shall require such Enformation and submittals as rMLY reasonable be required by this Local Law and the Planning Department and shall be approved by the Town Board_ S. Concept Plan, A PUJ) Concept Plan and application for approval shall be submitted in accordance with the rcquireJnQJICS of thi, subsection (l3), The Concept Plan shall include: 1. A list of the uses for which PUD approva] is requested and whethcr they are permitted uses Or Wces -spry LLSeS an this Louced Law and the Section of this Local I.aw under which they are permitted. 2. Evidence of ownership or control of the PUD project area, 3, An accurate rruip of the project area including the relationship of the project area to the surrounding area_ existirt� topography t►nd key geographic. environmental and existing development features, 4_ A ;vri[tc[1 outline for the T)Pvelopment Plan and visual rgrecentations of the developmclrt concept. The outline of the Development Plan and visual tl7follovHrepresentations slial l include C7 a_ The plauining objc�ctives and the character of the proposed development and 1:he appro iimat phases in which the development will be built; b, A stcatemeent as to why the proposed development could not be considered outside of a PLID; 50 ART, Xg PLANNLM UNIT DFV LOPMENT DISTRICTS Revised Zoning Law_DraFC_092 J 2011 —Draft B_mup.duc c, The approximate location and type of existing nearby developed areas, such as neighborhoods, villages and hamlet centers; d. The number and type of Duelling Uaiits proposed, including the proposed density and the approximate location, arrangement, use and size of any nonresidential Structures ail a] I parking facilities; e. The approximate proposed traffic and pedestrian circulation plan, including Pubic HiSh ways , pedestrian and bike paths, and trails; L The approximate location of any proposed Open Space and any proposed community and Municipal Facilities, and any floodplain, wetlands or other areas designated for preservation as Open Space; g. A statement describing liow the Oevelopment Plan and proposed PUD will comply with the Town's Comprehensive Plan, and further t11e goals described in the Cumprehensive Plan; h, A stacement or visual re n presetation of how the Development Plan and PUD will. relate to and be compatible with adjacent and existing neighborhoods; i. Such other additional information as the Planning .Department shall reasonably require in order to determine compliance with the requirements for a Concept Plan; j. A FuII Environmental Assessment Form (EAF) and Vilsual Addendum: k_ For projects pmposing a greater density than otherwise peiTnitted in thf, Zoning Law, a proposed amenity packagre consistent with the s.ize and scope of tho project including, but not limited to, the amenities described in Section 802(E)(.)1 .Procedure; Approval and Effect of Approval of Concept Plan. 1, After the planning Department dete�Tnines that a Concept Plan is complete, it shall forward it to the Town board for its 111, tial rewjew. Thf, Town Board shall, within 0 days of receipt of the Concept Plan, by resolution, either reject the Concept Plan, refer the Concept Plan back to applicant with requestEd changes, modifications or c I ari fi catia n, or refer the Concept flan to the Planning Board for its review and recoir men ndations concerning the approval by the Town Brand of the Concept Plan, 2_ Once referred to the Planning Board, the Punning Board shall hold a public hearing on the Concept Plan prior to making its recommendation to the Town Board, 51 ART, X, PLANNED uNrr nEV171"MEN7 DISTRICTS .ID Revised Zoning Law Dmf (-092122011_Draft B_mrp.doe 3. The Planning 13oard shall, within 60 days of its receipt of a Concept Plan, by resolution, make a written recommendation to the Town Board that the Collcq)t. Plan be approved as submitted, approved with modifications, changes or r,onditions; or rejected. Any such modifications, changes or conditions, and reasons for rejccLion shall be detailed in the If the recommendation is to approve as submitted or to approve with modifications, changes or conditions, the recommendation shall also contain the Plarrnitic, Board's comments oii the Full B -r:r and 'Visual Addcndurn- 4. Following the receipt of the recommendation of the Planning Board, the Town Board sha]1, within 60 days OfSLlch recclpL of [h f, reco in in en d at] on of the Plan aling Board, determine by resolution whether or not to approve the Concept Plarr and authorize the applicant: to prepare and submit a Development Man- The Town Board may reject the Concept Plan, approve, the Concept Plan with modifications, changes or conditions, or approve the Concept. Plan as presented. The approval of a Concept Plan with modificaLions, changes or conditions, oc as presented shall comtitute iin authorization for the applicant to prepare and 5uhmit a Dcvelo pill ont Plan as herein providM. No Df velopment Man may be submitted WltllQUt such Town Board authorization, 5. Prior to the approval of a Concept Flan, the Town .Board shall comp]), with E R.- 6- A I'UD district is not approved Lentil the Dcwel.oprnent Plan has been approved by the Town Board follo Wj 11g a public hearing as provided in subsection (D) below, 7. All public hearings by the Plan nin; Board and the Town BoaRl shat I be subject to the procedural and notice requirements of Town Law §§ 264 and 265- Since the approval of a 'Development Plan results in a new zoning district, th4 decision to approve a Concept Plan and Development plan is a legislative action. Procedure; Approval and Effect of Approval of Development le'lanI An applicant shall submit x Development Plan for die PUD within 270 days of approval of the Concept Plan by the Town Board. The Development Plan shall be submitted in accordance with requirements set forth in this subsection (D), 1. Written documents: a. U the de is to be built in phases, developmen[ schedule indicating: The approximate expect to begin; date when construction Laf the project cari 52 ART, K! PLAN -b JL� UWTr DEsVFLOPIMEW DJSTRfCT5 Revised 7oning Law_Drafr.0921201 l_Drafr 13_inrp.doc ii, The stages in which the project will be built and the approxinnate date when construction of each stage can be expected to be ;in; iii. Approximate date when the development of each stage will be completed; iv. The area and location of Open Space, cofnmunity and ,Municipal Facilities, and preserwed floodplaiins, wetlands, and other areas that will be provided at each stage. b. Proposed insL'rumenis, including but not limited to development agreements, Contraots, covCnants, dCed rf.�Strictions, easements and offers of dedication for public Highways and Municipal Facilities and for the preservation and management of Open Space, floodphdris, wetlands, and other areas, 2_ Development Plan and Graphics with supporting maps; a, Existing project area conditions including contours at five foot intervals; . K proposed Lot fines; c. The location and size of floodpla3ins,' wetlands, and other areas, for which preservation measures will be adopted, and the location and size of any other areas to be conveyed, dedicated, or reserved for Open Spaces, public pairks, recreation, schools, and similar public and serni- public uses; d. The location, types, and density or intensity of each proposed use; e. The floor area and licight of all Dwelling Units and nonresidential tMULLres and architectural drawings and sketches that illustrate the design and character of proposed Structures, 3. Impact on Municipal racilities. In its resolution authorizing the filing of a Development Plan, the Town Board rnay require such studies, reports or opinions, including an engineering study or report addressing the ability of the capacity of existing or proposed Highways and other Municipal Futilities to serve the PUD including, but not limited to, a traffic impact study or other inii~astrucLure capacity N'tudy_ Such studies, reports or opinions required by the Town Board shall accompany the Development Plan in order Lo determine whether the Developrent Flan and- the project will comply with the approved Concept Plan, the requirements of this Local Law, and other applicable statutes, rules, regrulations and Local Law -s, and whether the capacity of 53 ART_ x= PLANNISD LANrr DEVELOPMENT MST ICTS ttevised7aaningLaw.Drar[ 39212011_DraftB_ntrp_doc the existing or proposed High ways and other Municipal Facilit.ies are suff"icien( to serve the PUD, 4. When the Planning Departmenc determines that the Development Plan is complete for review, It shall forward the Development Plan to the Planning Board foi• its review and recornmendation. The }Manning Board shall, within 60 days of its receipt of a Da elopment Plan, by resolution; make a written recommendation to the Town Hoard that the Development Plan be approved as submitted, ,appi•oved with modifications, changes or conditions, or rejected_ Any rnodifications, changes or conditions, and reasons for re.jecdon shall be detailed in the i'ccornmendation. 'E, Public Hearing and 17i�cisivn. 1. The Town Board shall, within 60 days of the receipt of the recom inendation of the Plannhirr Board, hold a public hearinb it17 respect to the approval of the Development Plan. 2, The Town Board sha11, within 60 days. of the close of the pub]in 11 ear ing, approve err reject the Developrnmt Plan. or approve the Development Plan subject to conditions_ Any approval or approval subject to condiitio�}s shall be based on the requirements of [his Local Law, the approved Concept Pfan, the goals, policies. and guidelines of the Town's Comprelielisive Flan and the Town's Commercial Development and Residential Di~velopment D esign Guidelines_ b. The app.roval of th e 'Dev Pl opment Plan by the Town Board shall constitute an amendinf m t,o the Coning Lain. The Development Plan shall establish the density and iatcnsity of uses in the PUTS f)istrict and the Development Plan shall become the PUD District rcgr11ations1 F. Site Plan Review, A] I Structures in a PU1) District are subject to Site P[an Review as pro vided in this Local Laver G. Exconsion of Time, All times for submittal, review, public hearings, recoinmcndaitons and decisions may Ere extended by mutual agreement. in writing by the applicant and the Town BoaiLd. Section 1004E 'Use of Design Guidelines All PUD Developrnent Plans shall incorporate to the maximum extent feasible the Towrr of .Dryden Commercial Devclopment Design Guidelines and/or residential Development Design Guidelines, as the case may be, 54 ART. 9: PLANNF,D LFN rr DCVGLOPM ENT DISTRICTS Revised Zoning F_aw_Draft_0921201 I_Draft B_mrp,doc Section 1095: Minimum Lot Size and Width There shall be ncs minimum requireTnents for Uot Area, Lot Width, Lot Coverage, Yards and Structure Setback Lines, or Building Height requirements in a PUD. All such Ixt dimensional requirements shall be governed by the appravcd DevelopmentPlan. Section 1006: Amendments to Development Plans The Town Board may approve minor amendments to a Development Plan without ft public: hearing. A minor amendment is an arncndment rquircd by a technical or engineering consideration first discovered during development that could not reasonably have been anticipated during the approval process. No such amendment shall be approved which would chancre a pert id use or .Lot dimensional Section 1.007: Development in Phases requ4renlellt, The Town Board may approve a Developnwnt Plan for a PU'D district conditioned upon substantial completion of the development in phases as set forth in the Developnnent Plan. if the PU.D, or any phase of the POD, has not been substanitally completed awording to the schedule in the Dcxelopment Plan, development and construction of subsequent phases may be suspended or disapproved by resolution of the Town Board following a public hearing as herein provided_ 55 ART_ X= PLANN I.D UNTJT T)IWET,0P'L4FNC DLSTRIM Revised Zoning Lmv Draft_09212011_Draft BJmrp.dcc ARTICLE, is SITE PLAN REVIEW ec.tion 1101: I'urpc�sc, Applicability and Authority A. 1, The purpose of this article is to provide the specifications and n4cessary elernE,�nts to be included in a sketch plait and site plans for those uses which are subject to Site Plan Review includiob, but not limited to, proposed parkin vr, means of access, xcreening, signs, landscaping, architectural R Ycaures, location and dimensions of buildings, adjacent land uses and physical features meant to prNect adjacent land uses_ 2.. This article is intended to �upplemcnt the substantive and procedural requirernents of Town Law § 274 -a. B, Applicability. This article applies to all iiew Business Group Uses, or changes from one Business Group Use to another; all now Community Group Uses, or changes from one Community Croup Use to another; all new, or chau8es to, uses withLa a TNID0 District and LS RD Disb'i.et, all uses requirin; a Special Usc Pcrirn.ic, and all uses in a PUT.} district, as welI as any ocher uses for which S ic4 Plan 1�evie is required i n this focal La w. C. Jurisdiction, I., Al l Site Plan Rev ie ,s performed in connection x ith a Special Use hermit shall be conducted by the Town Board. 2_ Unless otlierwke provided, all other Site Plan Reviews shall be conducted by' th4 Planning Board. 3. f'orI]llpljCJty salve, in this section, bath boards are trferretl to as "the �3narcl," Section 1102: Site Plan Review and Approval Procedure AL All applicants should refer to the Town of Dry&n. residential and Commercial Design Guidelines and then meet the Planning Department prior to requesting a sketch plan conferemce_ B. Applications for Site Plan Review shall be inade on a form provided by the Planning Department. The applicatiorn must be received and reviewed by the Planning Depaitnient. Once the application is deemed complete by the Planning Departmen[, is will be scheduled fora sketch plan conference with the Board. C, The sketch plan conference with the Board shall precede the submission of a detailed site plan. T)_ The purpose of 111f, sketch plan conference is to allow the Board to rtVICi w the basic site design concept, provide the -applicant. with constrUCtive suggestions, and generally, to determine the information to be required in the detailed site plan. in order to accomplish these objectives, the applicant must' 0 56 ART. xi: SITE PLAN REVIEW Revised Zoning Law .Draf�09212011 .Draft B_inrp,doc 1 _ Provide a brief narrative and pre Iirninary concept showing the locations and dimensions of principal and accessory StnLGLLres, parking areas, and other planned features and any anticipated changes in the existing topography and natural features, 2_ Provide al sketch or map of the area which clearly shows the location of the site with respect to iiearby streets, rights -of -way, properties, easements and other pertinent features within 50D feet, 3. Provide a topographic or contour map to adequate scale and detail to show site topography and natural features such as streams or wetlands. 4. Provide a conceptual stormwater management plan consistent with I..ocal Law that outlines the approach to manage runoff and iits post construction treatluent on the site_ A Stormwater pollution Prevention Plan does not have to be submitted at this time, but a Notice of Ground Disturbance form is requi red. _ If not the owner of the land under consid?,ration, provide written approval from the owner to submit the sketch plan_ E_ At the sketch plan conference, based upon the information provided, the Board will determine any and all additional information required in the detailed site plan. Within 10 stays of the completion of the sketch plan con Terence the , Board shalt provide in wilting a detailed list of necessary components for a cornplete, application and detailed site plan after the sketch plan conference. F- The Sward may, in appropriate cases, waive further Site Plan Review leased upon the information provided in the sketch plan attcr review of the same. G. Detailed site plans shall b�, reviewed by the Planning Department in order to determine completeness. When deemed complete, the Planning Department will schedule a filial Site Mean Revim and public hearing, if required_ H. The applicant shall supply all necessary materials for final .Site Plan Review incluclin; digital and paper copies of plans reqi red by the a5 u Planning Department. Section 1103: Application Content A_ At or following the the Sketch Plan conference the Board may request that the applicant pro�'ide more information, including, but not limited to any or all of the items from the following list.In determining the information it will require, the board may consider the type of use, its location, and the sire and potential impact of the project. 57 ART, XT: SITE PLAN REV DY Revised Zur1iILe La w_Draft_09212011_Drkth B_mrpAcc B, bite an checklist; I _ Title oif draMng, including niLrrre and address of applicant and person responsible for prepraration of the drawing; 2.. Boundaries of the property, plotted 0 scale, and including noith arrow- sca]c ra nd date; 3. f lentification of public highways; 4. Existing watercourses and wetlands; 5. Grading and drainage plan showing existing and proposed contours; 6. Location, design and type of construction, proposed use and exterior dimensions of all buildings; 7. Locati.on, design and type of construction of a-H parking acid truck loading areas shoving ingress and et ess to the Public hi¢hway; 8. .Provisions for pedestrian auccss including sidewalks along public highways. Palestiaan facilities shall be AIWA (Americans with Disabilities Act) c.ornpliant, Sidewalks must he constructed rontlinuously across all driveways; 9. Provisions for bicycle Parking, such as bicycle racks or bicycle lockers as appropriate. All bicycle parking devices shall be provided in accordance with ldelines published by the Association of Pedestrian and bicycle Professionals (APBP )_ Sorne portion of bic }role parking should be provided in x covered a.ira protect(A from the weafher; 10, .Location, type and screening details LYf waste disposal containers and outdoor storage areas; 1. l _ Location, design and construction materials of all existin4 or proposed site ii771 )1' ()vements, including drains, culverts. retaining wa[Is and fences; 12, Description cif the method of sewage disposal and location 0, 13. Description o[ the method of securing potable water and location, design and construction materials of such facilities; 14. Location of Pire said other emergency zones, including the location of lire hydrant's; 15. Location, design, and construct ion materials of all energy distribution facilities, I eic rical, gas and solar energy; 58 ART, XL S n1m PLAN REVIEW Revised Zoning L2Lw.]raft_ 212G11�Draft B- nrp,doc 16. Location, height, size, materials, and design of all propo %'M signage, 17. fdentification of street nurnber(s) in accordance with any applicable 911 numbering system, and method for ensuring that building identification nlln1bCTS an installed in a manner that will be visible to emergency responders during the day and nibh(; 18. Location and proposed development of all buffer areas, including existing vegetation cover; 19. Location and dcsibn of outdoor 1ibhtin8 facilities; 20. Location) height, li]tei7$]t', and bulb type of all external lighting Fixtures: 21. Direction of illumination and methods to elini.ina(Ae glair, ono adjoining properties; 22. Identification of the location and amouvI of building area proposed for retail gales or Nimilar cornmercial activity, 2.3. Proposed limit of clearing shouting existing vegetation_ Individual trees with a diameter ar breast height ()GBH) of 12 inches or greater within the clearing sine shall also be shown, if the Board finds that there are uniquely beneficial species on the site and/or ex cffpt.k) nal I y mature trees; 24. Land soaping plan and planting schcdulc; 25. EStimatied project ran stl•uct.ion schedule; 26. Record of application for and approval status of all necessary permitc, from state and county agencies; 27. Identification of any state or county permits required for the project; 28, Other elements integral to the proposed development as consi.dered necessary by the Board; 29. Stormwater Management Plan as requimd by Local 'L aWr 30. Full Environmental Assessment Form or draft Envi.ron merital Impact Staiernent as determined by the 13oard at the sketch plan conference. Stetiorl 1104: Board Action on Site Plan Re view Application A. Site inspections. The Board, and any such persons as they may designate, may conduct 0 such examinations, tests and other inspections of the site deemed necessary and appropriate. 59 ART. 7011 SFT PLAN REV 18W M C Revised Zoning Law Draft�092120I 1 _Draft E.mrp.Joc .Public Hearing. l . The Board inlay hold a public hearing. 2. Tn determining whether a public hearing is necessary, the Board shall he guidod by the expected level of public interest In the project- 3. Applicants may reque .st a public hearing- When an applicant requests a public bf,aring, no situ plan revleiv may be disapproved without such a licaring- The Board's review of the site plan shall inc:lu&, but is not lirnited to, the following considerations: 1. Location, arrangement, size, design, and general site compatibility of buildings, fighting, and signs; 2. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pa��ernent surfaces, di. }eiders, rind trarfic controls; 3. 'Location, amingernunt, appearance, and sufficiency of off - street parking and loading; A- Adequacy and a1Tangement of pedestrian traffic access and Circulation, walkwLety Structures, control of intersections with vehicular traffic, any! overall 1>edegtrian 1 1 1 Coll fence; S. Adequacy of storm ater and drAnage f cililies; 6. Adcquticy of water supply and sewage disposal faciliti4s; 7. Adequacy, type, and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoijl.ing binds. including the maximum retention of existing vegetation; 8. Adequacy of mire lanes and other emergency cones and the provision of fire hydrants; $, Adequacy of the site's abd.ity W support. the proposed use given the physic.A and enviror111iental constraints on the site, or portions of the site; 1{l- Special attention to the adequacy and inlpact of Structures, roadways and landscaping in areas susceptibile to ponding, flooding and/or erosion; l 1. Conformance with the '.t'own's Residential and Cornrnercial Design Guidflines to the waxiinurn extent practicable; 6u ART, l! SMT PLAN RTF;VMW Revised Zoning UM Draf�.02] 2011_Draft R_inrp.dK 12. Completeness of the application and detailed site plan in light of the Board's requirements following the sketch plan conference. D, No approval or approval with conditions shall be granted until the Board determines that the applicant is in comp] iance with al l other provklons of this and other local laws. 61 .vtT_ KC: SCTE PLAN' RF%'TFW Tev!sed Zoning Laws mhf 0921201 1_Draft B_mtp,d0C ART CLE XTI: SPECIAL USE PERMITS Section 120:1: Special Use Perinit Review A. I., In this LocaI Law some uses iu-e allowed subject to a Special Use Permit being Granted by the Town Board. The pupose of Special Use Permit revk wemd approval procedure is to assur4 that Clip, proposed +asp,'is 3n harmony with this Local Law and u+i1l not adversely affect the neighborhood if the requiirements of the Local Law and those conditions aaacthcd to the Special Usc Permit by the Town Board are nicd, 2. 'This article is intended to supplement the substantive and Procedural requirements of Town Lava 274 -b- Br 1- Jurisdiction, r l I ,5l>ecia] Use Permit revkws and approvals Are under the jurisdiction of the Town Board - 2.. Sl�eC a] Use Porrnit Procedure - All Special Use Permit. i viewN and approvals are also subject to site plan review by the Tavnottrd. C. ] , Applicat be made received deemed andlor a ions for Special Llse 1 rrtYI(S. Application for a on a form provided by the planning Department and reviewed by die .Planning Departmcl nt. complae by the Planing Department.. it, will public hearing by the Board, Special Use Permit shtdl . The Lipplication must be Once the �tppllcation is be scheduled 'for rcvie %v 2. At the time of subfnittal of the application for a Special Use permit, the applicant shall also apply for site plan review pursuant. to the requ i rem r;,nts of Article X1r No application for a Special Use Permit shall be deemed complete by the Planning -Department. until completion of the sketch plan conference with the Town Board- 3. So far as practicablc. Cie Town Board shall revim the Special Use Permit application and detailed site plarl at thcc same time. D, l , SEQR- All applications for a Special Usc Permit shall be accompanied by a Full Environmental Assessment Foi•in or a draft Environmental Trnpact Statcrncnt- 62 ART- JU1: SPECIAL USE 1?1: lR i1TS Ravlsed Zoning Law_Draft_09212011—Draft B_mrp•doe Section 1202: Town Board Artivn The Board shall not issue a Special Use hermit unless it determines that the proposed use will satisfy the standards set forth herein. In order to rnwake such a determination, the Board may attach reasonable conditions to its approval. Such conditions must be directly related and incidental to the proposed Special Use Permit, outlined below in their det=ination: The Town Board shall consider the standards A. Compatibility of the proposed use with the other permitted uses in the district and the purposes of the district set forth in this Local Lair•; B. Compatibility of the proposed use with adjoining properties and witb the natural and manmade environment; _ Adequacy of parking, vehicular ciri:ulittion, and infrastructure for the proposed use, and accessibility for tire, police, and emergency vehicles; D. The overall impact on the site and its surroundings considering the environmental, social and economic impacts of traffic,, noise, dust, odors, release of harrnlul substances, solid waste disposal, glair,, or any other nuisances; E. Restrictions and/or conditions on des ian of Structures of operation of tJle use (including hours of operation) necessary either to ensure compatibility wit]i the surrounding uses or to protect the natural or scenic resources of the Town, Fr Compliance with the requirements for site plan »eview, including conformity to the Town's Residential and CornrnercW Design Cuidel.ines• Section 1203: pedal Use Permit Lapse, Expiration and revocation A_ A Special Ilse Permit shall be deemed to authorise only the particular special use or uses specified therein. B. Unless otherwise specified by the Town Board, a Special Use Permit shall automatically lapse and expire wghteen (18) months after the date the decision is filed if the applicant fails to obtain a building permit or fails to comply with the conditions of the Special Use Permit_ C. Special Use Permit will exp.i.re if the special use or uses shall cease for any reason for more than twelve ( l2) consecutive months. D. A Special Use Permit may be revoked by the Town Board if the conditions of the Special Use Permit are violated_ E. Spcz5cl. d Use Permits shall run with the land and can be transferred to successive property owners, unless the permit has expired or has been revoked for failure to meet tree permit condiitit�ns• 63 AR'T. xtr! SPE COAL USE PERJL MS Revised Z nin6 Law�Drak.0921?01 ;_Draft Bymrp.doc USES ARTICLE UIC STANDARDS AND REQ11 MENTS FCI CERTAIN U lu Y Section 1301; Special Use Permit and 011her Uses Subject to Individual ,Standards and R"uirements Uses allowed by Special Use Nxrn.it and other permitted uses which are subject to additiuntLl standards and requirements aiid steal I con Form to the standards and requirements ,set forth irY this section, where applicablc, in addition t,o al I other regulations l }ertaining to such use. Section 1302+ Adult Uses A, No adult use raay b4 established within I Five hundred (500) feet of any Sin;lewFamily, Two- rarnily or ,Mull- Family .Dwelling or Structures devoted to both residential and commercial or business purposes; 2- One thousand (1,000) feet of any public or privatu school; 3. hive hundred (500) feet of any church or other rcligioux facility or instAution; 4. Curie thousand (1,000) feet of any publi,c park; 5, Two thousand five hundred (x,500) feet of any premises licensed by the State Liquor AuthoriLy under the previsions of the AJcvhoI Beverage Control Law I 13. Measurement of Distarice, The distance provided in this section shall be rrte:asured by followiing a straight lino, without regard. to intervening buildings, from the nearest point Of. the property parce l upon whiob the adult use is io be located to the nearest point of the p=el property from which the adult LISC is to be separat M. r C. Additional requirements. In addition Lo the requirements above, the interior structure of every AdulL Entertainment Business= ] - Shall be well lighted at all tirnes and. be physically al7-anged in such a manner that the enure interior portion of the booths, cubicles, rooms or stalls, wherein the Adult Entertainment Business is located, shall be clearly visible from the common areas of the premises. Vrsibilii: + inm such booths, cubicles, rooms or stalls sht►1I not be blocked or obscured by doors, curtains, partitions, drapes, or any obstruction wVJ)aCsoeVer. It shall bO unlawful to install enclosed booths, cub]1010S, rooms or stalls within Adult E: nteitainment Business cstablishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of motion pictures or videotapes depicting specified sexgal activities or specified anaLornjral areas. or other types of adult ente;rtainnient businesses; and 64 ART - Xlrl: STANDARDS AN I) REQU1RFMEWLS 'MR CFRTAIN USrs Revised Zoning Uw_Draft_0921201 I Draft B ptVAoc ., The operator of each adult entertainment business shall be responsible for and shall provide that any room or rather area used for the purpose of viewing adult - oriented motion pictures or other types, of live adult entertainment shall be well lighted and readily accessible at. all times and shall be continuously open to view in its entirety. The premises shall be equipped with overheard lighting fixtures of ,ufficient intensity to i lluminate every place to which patrons are pernuttcd access at an ilium i nation of not less than one foot candle as measured at the floor level. It shall be the duty of the operator and its agfmts to ensure that the illumination desurilred above is maintained at all times that any patron is present in the premises_ D. Additional screening. The Planning Board may require that an adult entertainment business cover or screen the entrances, doorways and windows to prevent viewing activities inside the building or Structure from the outside. Section 1303: IndustryfManufacturing Uses A_ No Special Use Permit for industrial or manufacturing uses in an LIO or LIO -A Zone will be issued until the Board has been provided with a description of the proposed I or manufacturing process. In addition to the requirements of .article I) if it appears that the proposed use will not produce conditions that are noxious, offensive or hazardous to the health, safety or general welfare of the cam munity, a Special Use Permit may be approved. Special atte�nilon will be given to the disposal or storage of any wastes or materials that could cause or contribute to pollution of any kind. B. If the performance characteristics are doubtful, the Boaild shall require a determination that: l , Liquid wastes and effluent are to be treated and discharged in a manner approved I writing by the Tc" rnplcina, County Health Departanent or either agency having jurisdiction thereof, 2. Disseminated smoke shall not exceed 3 on the Ringcl mail n Smoke Chart_ 3. Protection against fire hazards, explosion and proper handling and storage of combustible material shall be approved by the appropriate town lire official. A. No odors, vibration or glare will be evident at a point mare than 154 feet From the source of said odor, vibration or light. 5_ Noise from the proposed use shall comply with the restrictions of Section 1347. 155 44RT, XTfT: S7ANDARDS AND ] {LQ l IREMLNME INOR (FERTA]Y USFZ Revised Zanina Uw.DrafL,0921201 1_Uraft B_mrp,d+x Section 1304: Mining Quarries and �xcavafitons, Topsoil Removal} 0 4. Mining is an allowed use by Special Use Permit only in the RA, CV and L 10 zones, B. 1., For mines - subject to the jurisdiction of the Department of Environmental Conservation G.c, the removat from a mine site of more Than 1,000 cons or 75 cubic yards, whichever is less, within twelve (12.1 successive calendar months) the, provisions of subsection D shall apply. 2_ For mines not subject to the jurisdiction of the Department of Environmental Coii gervati on the provisions of subsection C shall apply, l . Any person who irlines or proposes to Irvine front each mine site less than and not more than 1,000 tons or 750 cublo yardS, W]7ichever is less, of njinerals fronn the earth Within tWelve SLICCCS51Ve calendar momlis shall. not engage in such lrriinirig unless a special Use Pafait (perm.it) for such mining operation has been obtained From the Town Board_ A separate perm.it s ta hall be obined for each mine site, ?, Applications fur Special Use Permits may be submitted fur annual terms not to exceed five years_ A complete aipplication for a ricnv mining permit shall colitain the Fallowing, F' the Pl a_ completer) appLeatlon forms provided by t annmg Department; b, a mined land -use plan; , c, a statement by the applicant that minin4o is not prohibited at that location; and d_ such additional inFormadon as the Planning Department may reasonably require, including but not hiruted to the Following; i, proof of compliance with the r"Ared setbacks from propcarty boundaries or public 11igh ways ; ii. manmade or natural barriers designed to restrict access if nee -ded, and, if affirma ive, the type, length, height and location thereof; iii, control of dust; iv, hours of operation; and v, a Full environmental Assessment or draft Environmental Impact Statement, 66 AWLXM: STANr3AROS AND RFQIJIRL-MCNT5 FOR CFRTAW USES Revised Zoning Law_Drsf�.0921201 iw i)raft B- impAcc 3- Upon approval of the, application by the Town Board and receipt of financial security ax provided in subsection E of this section, a permit shall be issued by the Planning pep, rtment. The Tc)wn Board may include in permits such conditions as may be required to achieve the purposes of this section- 4- A permit issued Pursuant to this section, or a certified copy thereof, must be publicly displayed by the pernlittee at the mine and must at all times be visible, legible, and protected from the elemenfs. 5, The Town Board may suspend or revoke a permit for repeated or willfal violation of any of the terms of the permit or provisions of this section or for repeated or willful deviation from diose. descriptions contained in the mined iand -use plan. The Town Board may refuse to renew a permit upon a finding that the, permittee is in repeated or WrIlful ►iolation of any of the terms of the permit, this section or any rule, regulation, standard, or condition thereto- . clothing in this swtion shall be construed as exernpnng any perrnittce from the provisions of any other law or regulation. 7. The permittee or, in the event no application has been made or permit i (oSued, the person engaged in mining shall have the primary obligation to comply with the provisions of this section as well as the conditions of any permit issued th�r�undcr. S. Permits issued pursuant to this wection shall be renewable. A complete application for renewal shall contain the following; x. completed application farms provided by the Planning Department; b, an updated mining plan map consistent witli the provisions of this section and including an identification of the area to be minted during the proposed permit term; c- a description of any clianges to the mined land -use plan; and d. an identification of reclamation accomplished during the existing permit term. D- 1. Upon receipt of notice from the Department of Environmental Cortserkration ( "department „) that a complete application has been received by such department, the Town Board shall hold a public hearing on such application, which for the purposes of this Local Law shall be deemed to be an application for a Special Use Permit. . At the Special Use Pffmlit public hearing the Town .board shall determine what conditions, if any, should be attached to the permit to be issued by the department, 67 ART, XTM STANDA LDS AND REQUTRFNIT} TS FOR CERTAN US5ES Devised Zoning Law _Draft_09212011_T)raftE_mrp.doc which conditions shall be limited [o the following pursuant to Environ.menta] Conservation Law § 23- 2703(2)(1)). ingress and egress to town highways; b- routing of ln.inera[ transport of vehicles on town highw'ftys; CL the: setback requirements ul this section; d_ dust control; and e. liours of operation, 3. 1~ollowuing such public hearing the Town Clerk shall transmit to the department a certified copy of the resolution of the Town Board which determines such conditions, ' 4, In the event rnj ring is not allowed by a Special IJ c ,se Permit at th location set forth in such application, the Planning Department shall so no[ify the departmcat of such restriction, H_ I. Mined land -use: plan. All mining and reclamation activities oij the affected Itlnd shall be, conduced in accordance With aii approved mined land -Uses plan. The wined land -use 1)la11 shall consist of bot.11 a mining and a reclamation plan, and any other information which the Planning Depu-tmont dccjns necessary in order to achir�,w+e the puTposes of this section. a_ The training plan shall consist of a ww�ri[ ten and graphic: description of the. proposed mining operation, including the boundaries of the land controlled by the applicant, the outline of potential affected acrcagla and the general sequence or areas to be nine[ through successive permit texms_ The graphic description shall include the location of the mine and shall identify the land previously affected by mining including, but not limited to, areas of excavation; areas of overburden, tailings, a1�d 5p4115 areas of topsoil ;ind mineral stock piles; processing plant areas; hauIageways; shipping and storage areas; drainage features and waver ijiipcoundments. The wwiitten description of the plan shall include the applicant's mining method and measures to be taken to rnjj11111I adverse enviroriraental irnpacts. resulting from the milling operauc>n_ b, 'Thu reclamation plan shall consist of a graphic and written description of the proposed reclamation. The graphic description shall include traps and cross sections which illustrate the final physical state of the reclaimed land_ The �VIritten description of the plan shall describe the 68 ARA'. M.5TA\oARW hJ%TD RF.QUIREMCENTS FOR CERTATX Usk Revised Zoning Law�_Draft_092 t 201 ]_Draft S_mrp.doe manner in which the affected land is to be reclaimed, and a schedule for per Forming such reclamation. c_ A Full Environmental Assessment Form or a draft Environmental bnpact Staternciit may be submitted in lieu of a rained land -use plan if the Planning Department determines that it conforms to the requirements of this section. d. The Town Board may, after notice and an opportunity for a hearing, I mpose a reclamation plan in the absence of an approved reclamation pi an or upon fiindinur of non c6mpIiance with or failure of an approved reclamation plan. 2. The rcclamatiort of all affected land shall be completed in accordance with the schedule contained in the approved mined land -use plan pertaining thereto. The �;cheduie, where possible, shall provide for orderly, continuing reclamation cancurrent with mining. The permittcc shall submit to the Planning Department a notice of termination of mining within thirty (30) days after such termination. Reclamation of the affected laud shall be completed within a two -year period after mining is terminated, as demcni.ined by the Planning Department, unless the )dinning Department dccrns it in the best interest of the Town to allow a longer period for reclamation. The permittee shall submit to the Planning Department a notice of completion of reclamation within th irty (30) days of such completion. If the Nanning Department fails to approve or disapprove the adcquacy of reclamation within ninety (90) days after receipt of the notice of completion of reclamation, the per-mittee may notify the Planning Depanntent of such failure by means of certified mail return receipt. If within thirty (30) days after receipt of such notice, the Planning Department fails to mail a decision_ the pennittee shall be relieved of the obligation to maintain financial security with respect to the reclamation; provided, however, nothing herein shall relieve the permittee of the obligation to accomplish adequate reclamation. The permittee shall file periodic reports at. such tunes as the Planning Department shall require, indicating areas for which reclamation has been completed. The Planning Department diali inspect -s4Lch areas and notify the permittee whether the reclajnatiOn is in accordance with the approved plan or whether There are deficiencies that mint be corrected. F_ 1. The slope of the mine or other excavation steal I not be nearer Than 350 feet to any boundary line of the Town, any property line or highway line (whether such highway be within or outside the boundaries of the. Town) or nearer than 350 feet to any existing residence, and not nearer than 1000 feet to the boundary of any N R District, , 2, All haulageway roads shall have a dust - controlled 4ju3face not less than twenty - two (22) feet wide fmm the connection to a public highway to a point one hundred (100) feet from the loading point, and such haulageway shall be properly maintained by the permitee during the life of the mine, 69 ART_ 7111: STAND kRDS AND REQUfxnIi[�NTS FOR CFRTAIN USES Revised Zoning Law—Draft-092t= k_Draft l3_inrp.doG G 1- Financial security for reclamation. Before the Town Board may issue a Special Use .hermit, the applicant shall furnish Financial security to ensure the performance of reclamation as provided in the approved mined ]and -use plan and naming; the Town as beneficiary. Financial security sliall he in the form of a bond with a corporate surety l icensed to do business as such in New `fork or any other fonn of 5ecuriLy the Town board may deem acceptable, 2. The Town Board shall determine the amount, condition, and terms of the financial securil'y. Tho amount shall be based upon the estimated cost of rCChliffiing the affected land, Which shall be based on information contained in the perill.it application and upoII such other infolznaLion as an invcstigv.jon by the Town Board may disclose, 3, The financial security shall remain in full force and effect until the Town Board has approved the reclamation, At the discrotilon of the Town Board, the perrrmitt44 may secure the release of that portion of the financial security for affected land on which reclamation has been cumpletcd and approved by the Token Board. 4, If the finan(J'al security shalt for any reason be cyan altct receiVIng notice thereof the permittee shall under the same conditions as described in this replacement financial security within such period Town Board, result in the immediate suxpension Town Board, celled, within thirty (30) plays provide a valid replacement section. Faiiure to provide may, at the discretion of the of the mining pen-nit by thce 5. If a per nit is stlsp coded or revoked, the Town board may require the perrnittee to wrnlnence reclamation upon thirty (30) days notice. permittce fails tv c+mrnenc or to complete the reel {arrratiol1 as required, the Town Boaj-d may u(I]ize the financial security furnished by the permitme to affect .ucn reclaIllation- In any event, the full cost of completing reclamation shall. lie the persona] Ui ability of the permAtee and/or the person engaged in mining and the Town Board may bring an action to recover all costs to secure the reclamation not covered by the financial security, The materials, machinery, implenients and tools of every description which may be found at the mine, or other assets of thce perji7.ittee and /or the person engaged in mining shall be subject to a lion of the Town for the arnount expended for rec1aa71ation of affeected lands and shall not be removed without the wdacn consent of the, Town Board. Such lien may be forecllu8ed in the same manner as 1 niechanJCs 1ien- H, Definitions, 1. For the purposes of this Section, the dc:finitionsi in Environmental Conservation Law § 23-2705 shall'conLrol except for the definition oi"`M ni:ng." 70 ART. XM! STANDARDS AND RFQI: IHL•`MCNTS FOR CUTAN USES 0 r� Revised Zoning Law_Draft_0921201 I_Draft B_ni p.doc meeting other needs related to goals stated in the Comprehensive Plan or other officially adopted town plan (i.e. Open Space, Recreation, etc.). I. A maximum of 60,000 gross square feet of floor area for an individual store and 120,000 gross square feet of floor area for a shopping center, may be approved by the Town Board if a suitable amenity package is provided. Any increase in square footage allowed must be commensurate with the value of the amenity package proposed. 2. Amenities may include provisions for on -site and /or off -site improvements beyond those required for the project and/or beyond measures needed to mitigate the impact of the project. The amenities may include, but are not limited to, the following: a. Affordable housing options; b. Enhancement of public facilities including local highways, public water, public sewage, stormwater, and community services /public safety /transportation facilities; c. Creation or extension of an Open Space system for the public including a comprehensive multi - purpose path system and lands (including developable land) permanently protected by a conservation easement or other similar measure acceptable to the town board; d. Creation of recreational amenities including parks, walking or biking trails, community centers and similar features designed for use by the immediate residents and public that are not already located on site; e. Payment to the Town for a dedicated fund for use in future public improvements or acquisition of community facilities such as recreation facilities, trails, fishing and water access; public works such as water, sewer, and transportation facilities and the acquisition and/or permanent protection of Open Space and agricultural lands; f. Non - corporate design features for the store and /or retail shopping center: g. Enhanced stormwater retention facilities, both on and oftsite. 3. Where the Town Board determines that a proposed amenity is not immediately feasible, or otherwise not practical, the Town Board may require, in lieu thereof, a payment to the town of a sum to be determined by the Town Board. These funds shall be deposited in a dedicated fund to be used by the Town Board exclusively for the type of amenities defined herein. 1. Abandoned Structure Surety Bond: The Town, may require a performance /surety bond providing for demolition of the store(s) or retail shopping center if the Structure is vacated or abandoned, and remains vacant or abandoned for a period of more than twelve (12) consecutive months. 35 ART. VIII: OVERLAY DISTRICTS Revised Zoning f aw Draft_0921201 I _Draft Bmrp.doc I. For each Dwelling Unit --one parking space, except for Dwelling Units occupied by more than three unrelated persons where one parking space per bedroom shall be required. 2. For Hotels and Motels —one parking space per room plus one parking space per two employees. 3. For a church —one parking space for each four (4) persons who can be seated in the sanctuary area. 4. For an educational building —onc- parking space for each employee and one parking space for each ten (10) students. 5. For a college, trade school, or other post - secondary educational facility —one parking space for each two employees and one parking space for each two students. 6. I °or a community center or other civic or semi- public Structure —one parking space for each 250 square feet of gross floor space plus one parking space for every two employees. 7. For public or private parks or playgrounds —ample parking spaces to accommodate the parking requirements for the expected use as determined by the Board. 8. For commercial recreation facilities —one parking space for each 200 square feet of enclosed space for indoor facilities, plus for outdoor facilities one parking space for each 71500 square feet, or major fraction thereof, up to a maximum ten (10) spaces, and thereafter, one parking space for every 20,000 square feet, or major fraction thereof. 9. For a restaurant, club, lodge or similar use —one parking space for each 150 square feet o17 loor area. 10. For any retail shop or store —five (5) parking spaces for each 1,000 square feet of floor area. 11. For an_v gasoline filling station —one parking space per pump island, plus applicable parking for all other uses on the site. 12.. For a shopping center —five (5) parking spaces for each 1,000 square feet of floor area up to 25,000 square feet, then four (4) parking spaces for each 1,000 square feet thereafter. 13. For a professional office, studio or bank (except medical and dental offices) —one parking space for each 250 square feet of floor area 14. For medical and dental offices and clinics —one parking space for each 150 square feet of gross floor area 15, For research offices and laboratories —one parking space for each 200 square feet of floor area or one parking space for each two employees working on the largest shift, whichever is greater. lb. Home Occupation Level 2 —in addition to the Dwelling Unit parking space requirement, jample parking space to accom.modate the parking requirements of the expected use determined at the time of the Special Use Permit hearing. 17. For a hospital, nursing home, similar use —one parking space for each four (4) beds, plus one parking space for each employee per shift. 18. For machinery display and repair uses —one parking space for each two employees, plus one parking space for each 5,000 square feet, or major fraction thereof, of Lot: area. 38 ART. IX: GENERAL RECUUMONS Revised Zoniq Law,113redL09212011_Draft B_rnrp -doc " °' mean. ]� overburden and 2. For the purposes of this section, 11+l�ntng � the extraction of o er solid mateiials from. the emrth; the preparation and processing of such solid minerals, including any activities or processes or parts thereof for the extraction or removal of such minerals from their original location and the preparation, washing, cleaning, crushing, stockpiting or other processing of such minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of rmnufacturing processes, at the mine location; the reMOVal of such mMterials thrOLLgh sijk or exchwige, or for commercial, industrial or municipal use and the disposition of overburden, tailings and waste at the mire location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of abric eS,' or natural gas explorat.iou or extraction, Section 1305: Elder Cottages A. 1, An Eider Cottage is a separate, detached, temporary One- Family Dwelling, and is an accessory use to a S ingie- o Two- .Family Dwelling. .- For the purpose of this section, the term "owner" shal I mean a natural person: it, who owns at Ieast a 50 percent interest. in the real property and related Dwel1.ing, or b. who owns the real property and related Dwelling with no more than one other individual or entity as joint ten{tnts or as tenants by the entirety, > Elder cottages shall be permitted as accessory uses, subject to site plan review as provided in Article XT and the followi rig provisions and conditions: 1. Use ]imitations. An Elder Cottage .shall not be orc4tpied by more thou two persons: a. who shall be the carne persons enumerated on the application for the Elder Cottage; and b. who shall be persons 55 years of age or older. 2- Dimensional Limitations, a. The Elder Cottage shall not exceed 850 square feet in total floor area, 71 ART. X1 [1: STAKDARDS AND R{ QuTRFNiEN7s roh cERTALY usrs Revised fxMiig Law_Drafl_tk9 '2l 241 l._Draft B_rnrp.doc b. Not 'Yvithstanding any other provisions of this Local Law, the minIMUm side cif the Elder Cottage may be reduced to no less than 250 square feet of total floor area. c_ The Eider Cottage shall not exceed one story in height and under no circumstances shall the J3uilding Height exceed 2O feet- 3 L Location Requirements, a_ An Elder Cottage shall be located only on a Lot where there already exists a Single- family or TWo- family Dwelling. b. o Elder Cottage slialI be, looted within the front vard of any Ixt- N o N [der Cottage sh�1l be. permitted on a nonronfornung building Lot. d. No more than one Elder Cottage steal I be located on any Ut_ e. I "he placement of the Oder ctta;, shall be other+ise in conformity with all other provisions of dus Local Law including I t Coverage and sI and rear yard setbacks, 4, Building Requirements. a, An lE lder Cottage shall be clearly SUbordiaam to the principal Dwelling on the Lot and its exterior appearance and character shall Lie in harmony with the ex isting principal Dwelling_ b. An Elder Cottage shall be constructed in accordance with all al}lrl]cable laws, regulations, codes and ordinances, and the New York State Uniform Fire Prf vendon and Building Cade. c, An Elder Cottage shall be constructed so as to 1)e easily rcmov .9ble_ Tillie NLIndabons shall be of easily removable materials so that the Lot may be restored to its original use and appearance after removal wkth a� little disrUpOon of the site as possible. o p4rmanent fencin8, walls, or other Structures shall be installed or modified that will hinder removal of the JElder Curtar7c from the Lot. d. Adequate water supply €end sewage disposal arrangenients shall be provided, which may include connections to such facilities of the principal Dwelling. If located in an area where electrical, television cable, and/oil telephone utilities are underground, such utilities serving the Elder Cottage steal [ al. su be underground. e. An adequate area for parking shall be requires} for the expected number of cars of the occupants of the Elder Cottage, 72 ART- xni: ST.ONDARDS AND REQUTRT'MEfK I'S FOR CER7ATN USLS 5. Approval_ a, The approval terminated as annualiy by application ft changed. Revisrd Zoning Law_Draft_09212011—Draft A_mrjk,doc ,shall be for a period of one year (unless earlier hereinafter set forth) and thereafter may be renewed the Code Enforcement Officer upon receipt of an )r same, provided that the circumstances have not b, The approval shall termin ate 120 days after: i, the death or permanent change of residence of the original occupant or occupants of the Elder Cottage; or iii, any of the occupancy requirements set forth in this section are no longer met, C, In addition to any other indicia of a permanent change of residence, the continuous absence froin the Elder Cottage of an applicant for a period of 180 consecutive days shall be considered to be a permanent change of residence. During the 120 -day period following any of the events set forth in subsections 5(b) above, the Elder Cottage shall be removed and the safe restored so that no visible evidence of the Flder Cottage remains. If the Elder Cottage has not been removed by the end of the 120 -day period, in addition to the other sanctions in this Local Law, an action to compel removal may be commenced to provide for removal and salvage by the Town with a lien imposed to defray any casts incurred_ Such lien may be added to the real property taxes applicable to the Lot on which the Elder Cottage was located and collected in the same way a<s any other tax payable to the Town. D, Extension of Time to l eniovc Elder Cottage, Notwithstanding any other provision of this Local Law there shall be no adminsir°adve extension of time for removal of an Elder Cottage_ 'Ilse Town Board may, upon making the same findings that would normally be required for the granting of a use variance, extend the time for removal of the Elder Cottage for one additional six -month period. Section 1.306: Automotive Towing Service A. An Automotive Towing service shall provide a screened fenced -in area for storage of towed motor vehicles to obstruct views of them from adjacent properties and highways, The storage area shall be maintained in a neat and orderly manner. B. No more than 15 motor vehicles inay be stared on the property at any one time, 73 ART, KTIE STANDARDS AND REQUIRtMOfTLS FOR CEWJ' A W USFZ Rcyiscd Zoning Law -:Draft- 9 ] 2{]11I raft B_rnrp.tlo C. Motor vehicles that are not repairable and are to be junked shall root be stored on the property longer than 21 (lays, .N ator vehicles that are to be repaired shal I not he stored on the property lo.naer than 90 days. Section 1307: Sound Performance Standards A, PoliL ;y Statement- The Town of Dryden has a compClllilg interest in emsurinQ for its residents an environment free from excessive noise fixom industrial or commercial uses which may jeopardize their health or welfare or degrade the quality of life_ 'fhe proliibitiom of this section are intended to promct, preserve and promote the health, safety, welfare and quality oyf life far residents of the town through the reduction, control and prevention of such loud and unreasonable noise_ B, Applicabili[y. The requirements of this section shall apply to all LISCS in the Business GroLUp and Recreational Group in any lone, any Planned Unit Developjment District, any use for which a Special Use Perinit and/or Site Plan Review is required, and any industrial or commerOiwUl LGSC i n any zone or district whether or not a penuit from the i:own is or was required, and any industrial or commercial use, for which a use variance has been granted by the 213A9 Definition Sr Any words or phrases not defined in this section or in LhC Definitions in Article ]'IT shall aSSLUne their common dictionary dctiniti oil _ 0 As used i n this section, the fol lowing defiyyiCions shall al)ply, Amweigbted Sound Level — The Sound Level, in decibels, reported as measured by a sound loved measLUring Wstruiuent having an A- weighting network which discrimimates againsi the loafer frequencies according to a relationship approximating the auditory sensitivity of t}ie Human ear. The level so read is designated "d8A_" Decibel (dB) — The practical unit of rneasurement for sound pressure level_ The number of "decibels" is a measured sound equal to twenty (20) tiitics the logarithm tc} the base 1.0 of the ratio of the sound pressure of the measured soured to the sound preL�sure of a standard sound (twenty [20] micropascals }; abbreviated "d&" Commercial -Use — Any prcaml'Ses, prc}perty, or facility invalvin ; the uses set forth in the Business Group or Rocreat.ional Group iii the Allowable Use Groups chart in Section 501 in this Local Law, including but not lirrlifed to. 1. dining and/or drinking establishments; 2. banking and other financial in- sututions; 3. establishments for providing retail services; 4. establishments for providing wholesale services; 5. establishments for recreation and entertuiruuent; 6, ot17Ct', bLdldiflg°at 74 ART. XLIL: STA,ro.aaos O&M REQUIRal fEN75 FOR CERTA Nk US ES Revised 7.onarig f_7wj)raC 0921201 t_Dra t B_mrp.doc 7_ transportation; 8, warehou ses; 9. hotels andfor motels, I'll dww -ia] Ilse — Any premises, property, or facility involving the uses set forth in the Business Group in the Allowable Use Groups chart in &eCtion 501 in this Local Law, including but not limited to' 1. any activity and its related premises, property, facilities, or equiipment involving the fabrication, manufacture, or producti on of durable or non - durable goods; or 2. any activity and its related premises, property, facilities, or equipment involviag the excavation and sale of topsoil, sand, gravel, clay or other natural mineral or vegetable deposit, and tl7e quarr�'ing of any kind of rock formation, not regulated render New York Environmental Conservation 'Law Section 23, Title 27; or 3. any manufacturing or industrial and similar use whether Wnductcd indoors or C1LLtdOOrs; Ol" 4. arty industrial process, whither tern porary, intermittent or regularly occuniinor; or 56 ally activity and its related premises, property, facilities or equipment, including the production or processing of any raw material, whether solid, gaseous, liquid or any combination thereof; 01- b. the operation of stock yards, slaughter houses, and rendering plants; or 7. junk yards, automobile graveyards and disassembly plants; or S. the disposal, procemin4 or storage of toxic wastes, solid wastes, including medical wastes, garbage or other refuse or waste products of every kind and naLura_ Sound Uvel — The sound pressure level measured in decibels with a sound level meter set for A- weighting. to "Sound level" is expressed in dBA. Property Line The imaginary line, including its vertical extension that separates one parcel of real property from another_ Sound Level Meter — Are instrument for the measurement of noise and sound. D. Prohibitions. No use of any property to which these prohibitions are applicable shall operate or produce any source, of sound in such a maimex as tri create a Sound Level which exceeds the Limits set forth for the land use category stated below when measured at the property line nearest the receiving land use. Receiving Land Use Category Residential use in O , H, Net, RA, RR, TNDO District Time 7;00 a.m. to 7 =00 p.tn. 7.00 p-m_ to 7:00 a.m. 75 Sound Level Limit (dBA) 65 55 Ak7`. XIFL- STANDARDS AND RtQLd1RF,Mg, \'7$ FOR CCRTAIN USF,S Revised Zoning LAw_DrkA.0921201 ]_Draft D,mrp.doc Unique Natural areas 7000 a -m. to 7;00 p -m. p.rn 1 60 7:00 p.in, to 7:00 58 a.m. 50 All others 7:00 a.m. to 7:00 p -m. 68 7:00 p -in. to 7:00 a.m. 58 1. For any NOLIree of sound which emits a pure tone, a discrete tone or imp4tlsive. sound, the maximum ,Sound Levels set forth alcove shall be reduced by Five dBA. 2- lathing contained herein shrill restrict or limit standards by the Town Board in an appropriate approval requiring c�nvironmentxcd review o >EJnvironnip,mal Conservation Lave' Section 8 and CRR palm 17- the imposition of stricter noise situation in connection with arev F the proposwd action under the regulations promulgated in b F. lxcepti0rts. The Sound Levels herein prescribed shall not apply to sound erlutted Or relat4rl 1:00 1. [natural phenomena; . Church bells ntrtg as part Of tiny official chw-ch xnr, rlony or seruice, and tGiver clock bells ringing the hour; 3- Any siren, wlhi,;tle or bell JawCully used by emergency vehicles or any other alarm systems used in any emergency situation, provided, however, that burglar alarms, including vehicle alarms, not terminated within thirty (30) minutes after being acuvated shall be unlawful; 4. Warning devices required by OSHA or other ,Slate or Federal regulations; 5. Lawful emergency maintenance or repIIUS; 6. Sound ernan{Hinb from any agricultural activit y, including silviculture activity; 79 The teinporary use of property during construetian of a facility: S. Use of p4tblic or private school premises for any lawful uctneity; 9. Gun clubs; 10. Sound From recreational or pc�rscnal use of internal combustion engines provided the same arc operated within the, parameters of the manufacturers. recommendations; J 1. Sound from commemorative ceremonies conducted at holidays or funeeals, F. Measurement of Sound Levels. 1. The measurement of Sound levels shall be made by any Cade E farcernmt OFfccr or his designee with a Sound 'L&vcl Meter meeting the standards prescribed by the American National Standards Tnstitute S1A. 76 ART. X1 0: SI'MMARITS AND REQUIRFa10EXI S FOR CERTAIN USES Re-Osed ZonhIs Law_Draft_09212011_Draft B_mrp.doc ® 2. Exc ept where o therwise prescribed, the slow meter re spo nse of the Sound Level Meter shall be used in order to determine that the average of three readings taken over a 15- minute period does not exceed the limiting sound levels set forth in this Section. 3. Measurement of Sound Levels shall be made at the prescribed locations and shall be taken at least four (4) feet from the ground. 4. Compliance with Sound Level Limits is to be maintained at all elevations at the boundary of the property. G. Enforcement. This section shall be enforced by the Code Enforcement Officer or his designee and at all times by any peace or police officer. H. Penalties. Any violation of any of the provisions of this section is hereby declared to be an offense, punishable by a fine not exceeding five hundred dollars ($500) or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than five hundred dollars ($500) not more than one thousand dollars ($1,000) or imprisonment for a period not to exceed six months, or both; and.. upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) or imprisonment for a period not to exceed six months, or both. For the purpose of conferring jurisdiction upon courts, violations of this section of this Local Law shall be deemed misdemeanors and for such purpose only, all provisions of the law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation. To the extent this section is inconsistent with Town Law §268(1), it is intended to supersede such section in accordance with Municipal Home Rule Law §10(1)(ii)d(3) with respect to the maximum penalties which may be imposed upon a conviction of a violation of this section. Section 1.308: Kennel A. The minimum Lot Area shall be five (5) acres for ketutels or other facility with outdoor runs. B. All facilities shall be centrally located on the property to allow for adequate distance from the property line to reduce the effect of noise from barking animals. C. The Board may impose such conditions as it deems necessary to avoid or minimize traffic, noise and odor impacts and impairment of the use, enjoyment and value of property in the area of the kennel. 77 ART, AIIt: STANDARDS AND REQUIRENIF_NrS FOR CFRTA4v USF,S Revised Zoning I_aw_Draft 0921201 t_Draf`t Bmrp.doc Section 1309: Drive- Through Facility A. The regulations and requirements set forth in this section are intended to reduce the negative impacts that drive- through facilities may create. Of special concern are noise from idling motor vehicles and audio equipment, lighting, and stacked or queued drive - through traffic interfering with on -site and off -site traffic and pedestrians. The special requirements set forth for drive - through facilities are in addition to all other requirements pertaining to the principal use to which a drive - through facility is part. B. Vehicular Traffic Stacking or Queuing Requirements. A drive - throe; h, for the following uses shall provide the following minimum vehicular traffic stacking or queuing distances: I. For a fast food restaurant the minimum distance shall be one hundred forty (140) feet between the start of the drive- through lane to the service window 2.. For a bank and other similar business the minimum distance shall be sixty (60) feet from the start of the drive - through lane to the service window. 3. The stacking spaces shall be located so as not to interfere with the use of parking spaces or the flow of traffic on the site and shall be adequately striped and marked with directional signs. C. Multiple Drive - Through Vehicular Traffic Lanes, The Board may allow lesser stacking distances than those specified in this section for businesses with multiple drive- through lanes, when dOCUMCI`ltatiOn supporting such reduction is provided in connection with site plan review. D. Noise. Any drive- through audio system shall emit no more than 50 decibels measured at four feet from the speaker and shall not be audible above daytime ambient noise levels beyond the property boundaries. The audio system shall be designed to compensate for ambient noise levels in the immediate area and no speaker shall not be located within 30 feet of any residential district or any property used for residential uses. E. Location, setbacks, size and landscaping. 1. Drive- through service areas shall not be located in the front yard. 2. Service areas and stacking lanes must be set back at least 30 feet from all Lot lines which abut a residential gone and shall be screened as determined necessary by the Board. 3. Service areas and stacking lanes must be set back at least 10 feet from all Lot lines which abut nonresidential zones and shall be screened as determined necessary by the Board. 7s AR'r. XiII. STANDARDS AND REQUiREMENTS FOR CERTAIN USES Revised Zoning Law_ Draft_09212011_Draft B_nir��.doc 4. Stacking lanes must be set back 10 feet from all street lines and shall be screened as determined necessary by the Board. Section 1310: Automotive Repair Garage A. Ten (10) visitor parking spaces, plus two parking spaces for each three (3) employees, shall be provided. Vehicles awaiting service or repair shall be parked in a marked area and only in a side yard or rear yard, unless this requirement is waived by the Board in site plan review. B. Garage doors shall be visually buffered from adjacent residential rises. C. The storage of motor vehicles for service or repair shall be confined to the portions of the Lot designated for parking on the site plan. Partially dismantled vehicles shall not be stored in any required yard setback or be located in any required buffer strip , except when the Board in its site plan review determines that an adequate buffer will be provided to protect adjacent properties and uses and that the appearance of such storage will not result in adverse visual impact. D. No outdoor sales or display of motor vehicles for sale shall be permitted. E. All parts or similar articles shall be stored within a Structure. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either it Structure or, where deemed appropriate by the Board in site plan review due to such factors as the size of the property involved and/or its location, entirely within a fenced -in area in which such work is visually screened from all adjoining properties and roadwirys. Section 1.311: Accessory Dwelling Unit A. Standards. Accessory Dwelling Units shall comply with the following standards: 1. Principal use. The principal use of the Structure must be that of a Single- Faunily Dwelling or an accessory Structure, such as a detached garage, that primarily serves the needs of the ,Single - Family Dwelling. 2. Required occupancy. The owner of the property upon which the Accessory Dwelling Unit is located shall occupy the principal or Accessory Dwelling Unit on the premises as their primary residence. 3. Number of Accessory Dwelling Units. Only one Accessory Dwelling Unit shall be permitted on any Lot, It ART. XIII. STANDARDS AND REQUIREMENTS FOR CFRTAIY USES Revised Zoning t aw_Draft_0921201 I_Dral'( t3_ntrt).doc 4. Maximum size. An Accessory Dwelling Unit shall be subordinate in area to the Single - Family Dwelling. 5.' Maximum occupancy. The Accessory Dwelling Unit shall be limited in occupancy as a .Single - Family Dwelling, 6. Setbacks. if the Accessory Dwelling Unit is within a detached accessory Structure, said Structure must meet the required Yard setbacks. 7. Access. An external located entrance, separate from that of the Single - Family Dwelling shall be located on the side or rear of the Single - Family Dwelling, or in the front only if the entrance is on a separate, perpendicular plane from that of the front entrance of the Single - Family Dwelling. 8. Outside stairways. Any out; side of the Structure. 9. Exterior appearance. If an Single- Family Dwelling, appearance of the Stricture >ide stairways and /or fire escapes shall be at the rear or Accessory Dwelling Unit is located in a detached to the degree reasonably feasible, the exterior shall remain that of a .Single - Family Dwelling. 10. Utilities. Unless the Dwelling is serviced by a public water or sewer system, approval of the Tompkins County Health Department shall be obtained prior to issuance of a Building Permit, certificate of occupancy and /or certificate of compliance. 11. Maintenance and continued compliance. An Accessory Dwelling Unit shall be permitted and continued only when all Structures on the Lot are in compliance with applicable codes, rules, regulations, statutes and local laws and ordinances. 12. Parking. Off - street parking shall be provided in accordance with Section 902 of this Local Law. B. Application. An application for an Accessory Dwelling Unit must contain sufficient information to demonstrate compliance with each of the standards set forth in this section, including but not limited to the following information: 1. A floor plan of each habitable floor of the Structure, with all interior dimensions, including windows and doors, including types of rooms. 2. Plans shall be prepared in sufficient size and detail to enable the Planning Department to determine compliance with the requirements for an Accessory Dwelling Unit, 80 ART. xITI: STANDARDS AiND REQUtRaiENrrs FOR CERTAIN USES Revised Zoning T..7w DrafL0921201 IJ)raft E_mrp.doe ARTICLE XIV. ZONING SOW D OF APPEALS Section 1401: Zi ruing Board of Appeals Establishment; Continuation The Zoning Board of Appeals (herein sometimes "ZBA), existing by virtue of the Town of Dryden Zoning Ordinance and appointment by the Town board is continued_ The ZBA shall function in the manner prescribed by law except as the same may be superseded by the terms of this local law as set forth below). Members of the ZBA in office at the time of adoption of this local law shall.continue to serve to the end of the term for which they were appointed. Section 1402: Membership There shall be five (5) members of the Z13A, The rncinbers of the ZBA shall be residents of the Town of Dryden and shall be appointed by the Town Board to serve for terms as prescribed by law. Vacancies occurring in said ZBA by expiration of tej•rn or otherwise shall be filled in the same manner. No person who is member of the Town Board shall be eligible for membership on the ZBA, The Town Board shall designate the chairperson of the ZBA, i.n the absence of the chairperson, the ZBA may designate a member to serve as acting chairperson. Section 1403: Alternate Menibiers 0 A. There may be a cinUA additionally u to two � alternate members of the ZSA. Y l�P Y 1? { � Alternate members shall be appointed by resolution of the Town Board for terms established by the'ro n Board. B. The Chairperson of the ZT3A shall designate an alternate member to substitute for a regular rnember in the event that a regular member is unable or unwi I ing to vote because of a conflict of interest, rccusal, absence, abstention, or any other reason and an alternate member is present at the meeting when the designation takes place, C, If more than one alternate member is present at a meeting when the Chairperson is designating an altern ate member to substitute for a regular member, the Chairperson sha] l designate the alternate member who lim not served on a case or matter the most recently. ]f that alternate member is not able or wj1hna to vote for a reason liste u d in sbsection 2 above, than the Chairperson shall designate the other alternate member to serve. D. To the extent this section is inconsistent with Town Law 267(11 )t it is intended to supersmde such section, in accordance with Municipal Home Rule Law § 10(l)(ii)d(3). A11 other rights, respons11)iIitks and procedures related to alternate members set forth in Town Law § 267 or in this Local Law shall apply- 0 Section 1404: )=Gearing Appeals 81 ART_ XTV. ZONING WART) OF APPSALS Revised Zoning Law_Draft_09212011 Draft B_mrp.doc The jurisdiction of the ZBA shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order, requirement, decision, interpretation, or determination made by the administrative official charged with the enforcement of the Zoning Law. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the town. Section 1405: Orders, Requirements, Decisions, interpretations, Determinations The ZBA may reverse or affirttt, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of the Zoning Law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken, Section 1406: Lapse Unless otherwise specified by the ZBA, and without any further hearing by the ZBA, a decision on any appeal; including the granting of an area variance and/or use variance shall automatically lapse and expire if the appellant fails to obtain any necessary building permit within one year of the date the decision is filed. Section 1407: Minimum Nleeting and Hearing Attendance Requirements Members of the ZBA are expected to attend all regularly scheduled and specially scheduled meetings of the board. In the event that a member of the board is absent from three (3) consecutive meetings, or in the event a member of the board is absent from five (S) meetings within any one (1) calendar year, then such member may be removed from the board as herein provided. Section 1408: Training and Attendance Requirements 6 A. Each member of the ZBA shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet these requirements. Such training shall be approved by the Town Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training. B. To be eligible for reappointment to such board, such member shall have completed the training promoted by the town pursuant to this section. 82 ART, XVV: ZONING BOARD OF APPEALS Revised Zoning Law_Draft_09212011—Draft B_Jaq,duc 0 C. The training required b}' this subdivision may he waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest crf the town to do so. D. No decision of a ZBA -shall be voided or declared invalid because of a failure to comply with this section. Section 1449: Continuing Education and Training The costs of such training shall be a town charge. Members shall be reimbursed for travel and aneal expenses associated wiith such training according to Town policies. Section 1410: Removal Wocedure In'the event a member of the ZB A has failed to meet the Ininimurn attendance requirements set forth in section 1407 or the training requirements set Forth in section 1408, then the 'row n 13oard may remove such member from the ZBA as herein provided; A, Notice, Such member steal l be mailed a written notice specifying the nacure of the fai lure of such member to meet the minimum attendance requirements of sections 1407 or 1408 above. B, Public Hearing. Such notice shall specify a date (Trot less than ten [101 or more than thirty [30] days from the date of mailing such notice) when the Town Board shall convene and hold a public hearing on whether or not such member should be removed ftom the ZBA. SLLch notice Thal l also specify the time and place of such fearing. C. Public Notice. Public notice of such hearing shall be given by posting a notice on the town signboard in the vestibule of the Town Hull and by publishing a notice once in the official newspaper, Such post]rtg and publication shall be at least ten (10) days prior to the date of the public hearing. D. Conduct of Hearing. The public hearin; on the charges shall b� conducted before the Town Board. The member shall be giVen an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the Town Board shall be reduced to writing together with specific findings of the Town Board with respect to each charge against such mernbFr A copy of such decision and such finding shall be mailed to the member, Action by the Town Board. Following the heariri; and upon a ftndirrg that such inernber has not met the minimum attendance requirements required by this local law the Town Board may: 1 _ Remove such member from the ZSA; or 2, Issue a W ritMil reprimand to such member without removing such member from the board; or 83 ART, fV: ZONrNC BOAYD OF APFTuALS Revised Zoning t.aw_Draft_0921201 ].Draft B_mrp.dcc 3. if the Town Board shall find that the reasons for failing to meet the minimum attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Town Board may elect to take no action. Section 1411: Removal for Cause Nothing contained herein shall be deemed to limit or restrict the 'Town Board's authority to remove a member from the ZBA for cause (i.e. for other than the reasons enumerated herein). The procedural provisions of section 1410 (Removal Procedure) shall govern any hearing to remove a member for cause. Section 141.2: Leave of Absence The provisions of section 1.407 shall not apply to any member who has applied for and been granted a leave of absence by the 'Town Board from their duties as a member of the ZBA. The Town Board may grant such leave of absence on such terms and for such period as it may deem appropriate provided, however, no such leave of absence shall be for a period in excess of eleven (1 1) months. Section 1413: Applicability. A. This local Law shall apply to all members of the ZBA regardless of the date of their appointment to such board. B. Prospective member of the ZBA shall be notified of the requirements of the provisions of sections 1407 -1412 of this Local Law prior to their appointment to such board. ;h ART. X1V: ZONING BOARD OF APPEALS Revised Zoning Law_DrafL09212011—Draft B_mrp.doc ARTICLE XV: PLANNING BOAR Secti on :I 501: Planning Board fistablishrnent; Continuation The P1ann.ing Board, existing by virtue of the Und Subdivision Rules and Regulations of the Tok,n of Dryden, as arn.erkded, and as appointed by the Town 130ard is continued - The Planting Board shall function in the manner prescribed by law (except as the same may be superseded by the terms of this Local ILw as set forth below). Scction 1502* Mernbership There shall be seven (7) members of the Manning Board. The members of the Planning ]hoard shall be. residents of the Town of Dryden and shall be appointed by the Town Board to serve terins prescribed by law. Vacancies occurring in said Planning Board by expiration of terms or aherwise shall be filled in the same manner. No person who is a mernber of the. Town Board shall be eligible for mernbership on the Planning Board. The Town board shaIl designate the chairperson of the Planning Board. In the, absence of the chairperson the )Planning board may designate a member to serge as acting chairperson. Section 1.503w. Alternate Members 0 A. There may be appointed additionally up to two (2) alternate members of the Planning Board. Alternate rnembers shall be appointed by resolution of the Town Board for terms emabIished by the Town Board. B. The Chaii1)erson of the Planning Board shall der�igaate an alternate member to substitute for a regular member in the event that a regular member is unable or unwilling to vote, because of a conflict of interest, recusal, absence, abstention, or any other reason and an altera�atc member is present at the meeting when the designation takes place. C. If more than one alternate member is present at a meeting when the Chairperson is designating an altem ate member to substitutf, for a regular member, the Chairperson shall designate the alternate member who has not served on a case or matter the most recently - If that alternate member is not able or willing to vote for a reason listed in subsection (B) above, then the Chairperson shall designate thf, other alternate member Lo serve. D. To the extent this section is inconsi5taRt with 'Town Law § 27](15), it is intended tc. supersede such section, in accordance with Municipal Home Rule Law § 10(1 )(ii)d(3). All other rights. responsibilities and procedures related to alteima,te members set forth in Town Law § 2.71 or in this Lo (,a] Law shall tapply- Section 1504: Jurisdiction The Planning Board shall have, jurisdiction to review and approve, approve with 1710dlficatlonp, or disapprove site plans prepared when a pajoticular use set forth in this Local Law is subject to only $ite Plan Rovie1YV, 85 ART, Jiv_ FILA I NO BOARD Section 1505: Report on Referred Matters The Town, Board may by resolution provide for the Planning Board before final action is taken officer of the Town having final authority ova stipulate that final action shall not be taken until after the Planning Board has exceeded the time Board to submit its report. Revised Zoning Law_ Draft _09212011_Draft B_mrp.doc the referral of any matter or class of matters to thereon by the Town .Board or other office or ;r such matter. The Town Board may further the Planning Board has submitted* its report, or period set by the Town Board for the Planning Section 1506: Minimum Attendance Requirement~ (Meetings and hearings) Members of the Planning Board are expected to attend all regularly scheduled monthly meetings /hearings and specially scheduled meetings/hearings of the board. In the event that a member of the board is absent from three (3) consecutive regularly scheduled monthly meetingslhearings, or in the event a member of the board is absent from five (5) mcetings/hearings within any one (1) calendar year, then such member may be removed from the board as herein provided. Section 1507: `1'rainirtg and Attendance Requirements A. Each member of the Planning Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet these requirements. Such training shall be approved by the Town Board and may include, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar. entity. TTuning may be, provided in a variety of formats, including but not limited to, electronic media, video, distance learning cr►nd traditional classroom training. B. To be eligible for reappointment to such board, such member shall have completed the training promoted by the town pursuant to this section. C. The trdning required by this subdivision may be waived or modified by resolution of the Town Board when, in the judgment of the Torn Board, it is in the best interest of the town to do so. D. No decision of a Planning Board shall be voided or declared invalid because of a failure to comply with this section. Section 1508: Training Costs The costs of such training shall be a town charge. Members shall be reimbursed for travel and meal expenses associated with such training according to Town policies. 86 ART. XV: PLANNING BOARD Revised Zoning l.. aw_Drift_0921201 l_Dtaft B_mrp.doc Section 1509: Removal Procedure. In the event a member of the Planning Board has failed to meet the minimum attendance requirements set forth in Section 1506 or the training requirements set forth in Section 1507, then the Town Board may remove such member from the Planning Board as herein provided: A. Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum attendance requirements of Sections 1506 or 1507 above. Be Public Hearing. Such notice shall specify a date (not less than ten [10] or more than thirty [30] days from the date of mailing such notice) when the Town Board shall convene and hold a public hearing on whether or not such member should be removed from the Planning Board. Such notice shall also specify the time and place of such hearing. C. Public Notice. Public notice of such hewing shall be given by posting a notice on the town signboard in the vestibule of the Town Hall and by publishing a notice once in the official newspaper. Such posting and publication shall be at least ten (10) days prior to the date of the public hearing. D. Conduct of Hearing. The public hearing on the charges shall be conducted before the Town Board. The member shall be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the Town Board shall be reduced to writing together with specific findings of the Town Board with respect to each charge against such member. A copy of such decision and such finding shall be mailed to the member. E. Action by the Town Board. Following the hearing and upon a finding that such member has not met the minimum attendance requirements required by this local law the Town Board may: I . Remove such member from the Planning Board; or 2. Issue a written reprimand to such member without removing such member from the Board; or 3. If the Town Board shall find that the reasons for failing to meet the minimum attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Town Board may elect to take no action. Section 1510: Removal for Cause Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the Planning Board for cause (i.e. for other than the reasons enumerated herein). The procedural provisions of Section 1509 (Removal Procedure) shall govern any hearing to remove a member for cause. 87 ART. XV: PLANNING BOARD Revised Zoning Law_Drift_09212011_Draft B inrp.doc; Section 1511: Leave of Absence; Excused Absences A. The provisions of Section 150€ shall not apply to any member who has applied for and been granted a leave of absence by the Town Board from their duties as a member of the Planning Board. The Town Board may grant such leave of absence on such terms and for such period as it may deem appropriate provided, however, no such leave of absence shall be for a period in excess of eleven (11) months. B. The provisions of Section 1506 shall not apply to any member who has been granted an excused absence by the Chairperson of the Planning Board. To be a valid request for an excused absence, such request shall be made to the Chairperson of the Planning Board prior to the meeting/hearing. Grounds for excused absences shall include illness, vacation, business or employment reasons and personal or family activities. Section 1512: ApplivAibility A. This Local Law shall apply to all members of the Town of Dryden Planning Board regardless of the date of their appointment to such Board. B. Prospective members of the Planning Board shall be notified of the requirements of Sections 1506 -1511 of this Local Law prior to their appointment to such Board. FOR ART, XV: PLANWNG BOARD Revised Zoning Law_Draft_0921201 1_Draft B_mrp.doc ARTICLE XVL• NONCONTORNITNC USES, STRUCTURES AND LOTS Section 1601: Nonconforming Uses A. Continuance. Except as otherwise provided in this Article, the lawful use of any Structures or land existing at the date of adoption of this Local Law may be continued even though such use does not conform to the provisions for the district in which such Structure or land is located. The right to continue a nonconforming use remains with the land when title is transferred, subject to the provisions of this Article. B. Extension or Enlargement. 1. A nonconforming use existing at the date of adoption of this Local Law may not be extended or enlarged except by Special Use Permit, and may be extended only to adjacent Structures or land if such adjacent structure or land was owned of record by the owner of such nonconforming Structure or land as of the effective date of adoption of this Local Law, 2. A nonconforming Structure or use may not be extended or enlarged to other Structures or land acquired subsequent to the date of adoption of this Local Law, 3. No Special Use Permit allowing the extension or enlargement of a nonconforming use shall be granted by the Town Board unless the regulations of this Local Law, other than allowed uses for the district in which said nonconforming use is located, can be complied with. The Town Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such proposed conditions shall be consistent with the spirit and intent of this Local Law and shall be imposed for the purpose of minimizing any adverse impact such approval may have on the neighborhood of community. C. Changes. A nonconforming use may be changed to another similar or more restrictive nonconforming use with the approval of the ZBA. When changed to a more restrictive nonconforming use, such use shall not subsequently be changed back to a less restrictive nonconforming use. No nonconforming use, if changed to a conforming use, shall be changed back to a nonconforming use. The ZBA shall determine whether such proposed nonconforming use is similar or more restrictive, and may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this Local Law and shall be imposed for the purpose of minimizing any adverse impact such approval may have on the neighborhood of community. D. Discontinuance. Whenever a nonconforming use has been discontinued for a period of 12 consecutive months (from a date determined by the Planning Department), such nonconforming use shall not be re- established and any subsequent use of such structure : ART. XVI: NONCONFOWMING USES, STRUCTURES AND t.0'rS Revised Zoning Law_Draft_0921201 t_Drah B_mrp.doc or land shall be in conformity with the provisions of this Local Law for the district in which such structure or land is located. E. Repair and Restoration. A structure used for a nonconforming use and damaged or destroyed by casualty to the extent that more than 50% of its total floor area is unusable without repair, replacement or restoration shill not be repaired, replaced or restored without the approval of the ZBA. The percentage extent of damage or destruction shall be made by the Planning Department.-A Building Permit for such repair, replacement or restoration shall be obtained and work commenced within six months after such casualty, but this time limit may be extended by the ZBA in case of practical difficulty or unnecessary hardship. The ZBA may impose such reasonable conditions and restrictions as are directly related to and inciental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this Local Law and shall be imposed for the purpose of minimizing any adverse impact Such approval may have on the neighborhood of community. Section 1602: Nonconforming Structures A. Continuance. A lawful nonconforming Structure existing at the date of adoption of this Local Law that could not be built after such adoption by reason of restrictions on the Lot Area, Lot Coverage, Lot Depth, height, yard requirements or other limitations of the structure or its location on the lot may be continued. -B. Expansion. Nothing in this Local Law shall prevent the alteration to a safe condition of all or part of a Structure that is nonconforming provided that the repair or alteration will not increase the height, size or volume of the Structure or otherwise increase the manner in which the structure is nonconforming. C. Additions, Alterations, Viaintenance, and Repairs. 1. A nonconforming Structure shall not be, added to or enlarged or altered in a manner which increases its nonconformity. 2. Should a nonconforming Structure be moved for any reason, its placement or use shall thereafter conform to the regulations for the district into which it: is relocated. 3. A nonconforming Structure is required to be maintained in accordance with all applicable laws, ordinances, rules and regulations. D. Discontinuance. 1. A nonconforming Structure, or a portion thereof, shall be deemed discontinued if. the Structure is vacant for twelve (12) consecutive months or sooner if there is a clear manifestation of the intent on the part of the owner to abandon the Is 90 ART. Xyl: NONCONMORIAIN'G USES, STRUCiURES AND LOTS Revised Zoning Luw_Draft_0921201 I_Draft B_mrp.doc nonconforming Structure. 2. ff deemed discontinued, such nonconforming Structure shall not be reestablished, and any subsequent use shall conform with the provisions of the district in which such Structure is located. Section 1603: Nonconforming lots A. A Lot of Record may be considered as complying with the minimum requirements of this Local Law provided that such hot does not adjoin other land held by the stone owner, part of which such other land could be combined with the nonconforming Lot of Record to create a conforming Lot without thereby creating a new nonconforming Lot. B. The Town may require a nonconforming Lot to be merged with an adjacent lot under common ownership, or with part of such adjacent Lot, for the purpose of creating two conforming Lots in the district in which the Lots are located, so long as neither of such Lots are then nonconfirr►ing Lots. C. Where adjacent Lots are under common ownership but the merger of such Lots, or part of a conforming Lot to the nonconforming Lot, would not result in a conforming Lot, the ZBA may nonetheless approve a nonconforming Lot if it finds that following such merger the nonconformity of the nonconforming Lot has been minimi7,ed to the maximum extent practicable. In accordance with Municipal Home Law § 10(1)(ii)d(3) this subsection shall supercede Town Law § 267 -b(3) with respect to the granting of area variances. 91 ART. XNIL NONCONFORMING USES, STRUCTURES AND LOTS Revised Zoning ta«_llraft_09212011 Draft B rnrp.doe ARTICLE XVII: ADMINISTRATIVE PROVISIONS Section 1701: General Provisions A. Notice of public hearing. Each notice of hearing upon an application for site plan review, a special use permit, or a variance or other application to the ZBA, or for any other public hearing shall be published once in the official newspaper of the Town at least 10 days prior to the date of the hearing. bi addition, at least 10 days prior to the date of the hearing, a notice of such public hearing shall be mailed to all owners of real property within 250 feet of the exterior boundary of the property for which the application is made. Owners shall be determined according to the latest completed assessment roll. B. Records to be retained. The original of all decisions, approvals, rulings and findings rendered by any board under this Local Law, and of all permits and certificates issued under this Local Law, shall be promptly furnished to the Town Clerk and retained as a permanent Town public record. C. Assistance to Boards. The Planning Board and ZBA, as authorized by the Town hoard, shall have the authority to call upon any town department, agency or employee for such assistance as may be deemed necessary and appropriate under the circumstances. Such department, agency or employee may be reimbursed for any expenses incurred as a result of rendering such assistance. The Planning Department, within the limits of budget appropriations, shall provide the Planning Board and ZBA with any necessary experts, clerks and a secretary. Section 1.702: Zoning Administration A. Code Enforcement Officers, Code Enforcement Officers shall have the power and fluty to administer and enforce the provisions of this Local Law, under direction of the Director of Planning.Code Enforcement Officers shall be appointed by the Town Board, and shall report to the Director of Planning. Code Enforcement Officers shall have the power to make inspections of buildings or lots necessary to carry out his or her duties in the enforcement of this Local Law. B. Planning Department. The Planning Department shall, upon application and payment of the required fee, issue a Zoning Permit for new uses on properties, or Statement of Zoning Compliance for those existing uses for which no Zoning Permit was issued. No Building Permit may be issued without either a Zoning Permit or a Statement of Zoning Compliance, 2. The Planning Department shall not issue any permit for the use of any property unless such use conforms to all applicable laws, ordinances, rules and regulations. 3. The Planning Department shall maintain reports of all applications for certificates 92 AR'r. xvn: ADMINISTRATIVE PROVISIONS Revised Zoning Lttw_Draft 0921201 ]_Draft 13_mrp.doc of occupancy and building permits, and issued certificates and permits. 4. The Planning Department shall maintain records of every complaint of a violation of the provisions of this Local Law as well as any action taken as a result of such complaints. 5. The Planning Department shall submit to the Town Board, at least semi - annually, a written report summtuizing all permits, statements and certificates issued as well as complaints of violations and any action taken as a result of such complaints. 93 ART. XVn: AD.N91N s rRATRT. PROVISIONS Revised Zoning Law_Draf[ 0921'201 I_Draft B inrp.doc ARTICLE XV11.1: EVFORCFitfENT AND REMEDIES Section 1801.: Violations A. Any person, partnership, limited liability company, corporation or any other entity, whether as owner, lessee, agent or employee, who shall violate any of the provisions of this Local Law, any permit or approval issued hereunder, or who fails to comply with any order or regulation made hereunder, or who erects, alters, moves, uses or offers for sale any structure or uses any land in violation of any detailed statement of plans submitted and approved tinder the provisions of this Local Law shall be guilty of it violation. B. Any such person, partnership, limited liability company, corporation or any other entity, whether as owner, lessee, agent or employee who shall violate, disobey, omit, neglect, or refuse to act in compliance with any order or regulation shall be deemed guilty of a separate offense for each day of such violation. C. Where the person or entity coilm-itting such violation is a partnership, limited liability company, corporation or other entity the principal executive officer, partner, agent, or manager may be considered to be the "person" for the purpose of this subsection. D. The Code Enforcement Officers shall have the authority to issue accusatory instruments to those persons who are in violation of this Local Law. • Section 1802: Fines and Imprisonment A violation of this Local Law is hereby declared to be an offense, punishable by a fine not exceeding three hundred fifty dollars ($350), or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than three hundred fifty dollars ($350), nor more than seven hundred dollars ($700), or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were conu77itted within a period of five years, punishable by a fine of not less than seven hundred dollars ($700), not more than one thousand dollars ($1.000), or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation. Section 1803: Actions, Proceedings, Additional Penalties A. In the event any building or structure is erected, constructed, reconstructed, altered, dismantled, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks, or sitein violation of this Local Law or conditions imposed by a building permit, Special Use Permit or Site Plan Review approval the Town Board, in addition to any other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, dismantling, conversion, maintenance, use or division of land, to restrain, correct or abate 94 ART. A'vfn_ ENTORCF, MISNT AND REDtEDiES Revised Zoning Law_Draft_0921201 l_Draft B_mrp.doc 0 - such violation, to prevent the occupancy of said building, structure, or land; or to prevent any illegal act, conduct, business or use in or about such premises. B. Additional penalties. In addition to any other remedies or penalties that may be imposed, a violation of this Local Law shall entitle the Town Board to remedy or repair the conditions constituting the violation, at the premises owner's expense, in order to bring the premises into conformity and compliance with this Local Law. The disbursements and expenses shall become a charge and a lien upon the premises and if not paid the same shall be added with interest, as may be provided by law, to the premises' next annual Town tax bill, to be collected in accordance with the provisions of law and the procedure for the payment of Town taxes. Section 1.$04: Stop Work Order A. The Town Board hereby grants the Code Enforcement Officer the administrative responsibility of immediately taking action necessary to correct violations of this Local Law by posting a stop -work order on the premises wherein an alleged violation has occurred. B. The stop -work order shall serve notice to the owner, builder, developer, agent, and/or any other person, partnership, limited liability company, corporation or any other entity on the premises that all actions specified on the stop -work order must be terminated An immediately. C. Relief from the stop -work order can be obtained: 1. if all provisions of this Local Law, and applicable permits or approvals, together with any other conditions specified by the Code Enforcement Officer in the Stop Work Order are met the Town Board may authorize the recission of the Stop Work Order; or 2. except for cases involving violation of Site Plan Review approval, or a Special Use Permit, if a variance is granted by the ZBA. Section 1805: Misrepresentation Any permit or approval granted under this Local Law based upon or granted in reliance upon any material misrepresentation, or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to affect all the other remedies available to the Town under this Local Law. Section 1806: Complaints of Violations Whenever a violation of this Local Law is alleged to have occurred, any person may file a written complaint in regard thereto. All such complaints shall be filed with the Planning • Department. The Planning Department shall investigate such complaints and report the results of the investigation and any prosecution of violations to the Town Board. 95 ART. XV111: GNFORCEN.M.)Nrr AND RFIVIEDIES Revised Zoning l..aw_Draf(_0921201 l Draft B— mrp.doc ARTICLE X.I_X: MISCELLANEOUS PROVISIONS Section 1901: Severability If any part or provision of this Local Law, or the application thereof to any person, partnership, limited liability company, corporation or any other entity or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such .judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons, partnership, limited liability con wi), corporation or any other entity. Section 1902: Ntap The Town Clerk shall file and maintain the Official Zoning Map and the Planning Department shall maintain a copy of the Zoning Map as officially adopted. Section 1903: Effective Date This Local Law shall take effect upon filing in the office of the Secretary of State. ART. XIX: MISCELLANEOUS PROVISIONS TOWN OF DRYDEN As Introduced On October 28. 2011 A. Zoning Map B. Residential Design Guidelines C. Commercial Design Guidelines D. Tompkins County Invasive Species O TOWN OF DRYDEN ZONING MAP FINAL DRAFT TDwn of Groton 0 0 Z 0 0 0 C Z Town of Dryden – Residential Development Design Guidefiggs Each of the design principals illustrated herein draw upon the goals and objectives of the towns comprehensive plan. Additionally, consideration has been given to the broader role the town plays in the county, and appropriately, the Tompkins County Comprehensive Plan has been used as a poiot of reference —in particular, those elements of the county plan that reinforce the ideas and concepts in the town's plan. For example, both plans appropriately recognize the importance of ecological resources- - resources that typically are not limited by municipal borders, such as Fall Creel. or the expansive forest lands. As well, the county plan includes policies that support a balanced mix of housing and non - residential development distributed in a land use pattern that reduces the fragmentation and impact of growth on important resources, such as prime, working agricultural lands. In particular, these design guidelines should be used to advance the following goals drawn from the town's comprehensive plan: ❑ Integrating new growth in a way that respects and protects existing natural and cultural resources irr a reasonable manner. CI Provide reasonable examples of appropriate design concepts for landowners who choose to subdivide their property. ❑ Protect and where possible, enhance public safety along roadways. ❑ Establish development patterns that are cost - effective for the town and developers while creating a land use pattern that protects and strengthens the town's natural and economic attributes. Like many other commu pities, the Town of Over the long term, unchecked Dryden has zoning and subdivision regulations extensive road frontage to help protect the public interest as lots are development will create public created. Unfortunately, the typical set of safety issues, increase conflicts zoning and subdivision regulations fall short on with agricultural use, and the more subtle, yet highly -important aspects of become increasingly gmd design. Applicants and the planning r detfimen #al to the town's board can become mutually frustrated at the highly esteemed rural lack of clear guidance these regulations providehracter —a key element of as to what will beocrne an acceptable L property values. subdivision plat. Many communities across upstate New York have adopted design guidelines to supplement their zoning laws to address their particular concerns. The small town of Woodstock (population 7,000) in the Catskill Mountains region for example, has for more than a decade been using development guidelines to help people properly plan for new residential development along the ridgeii5es and other higher elevations in the town, Conservation of the rural character of the growing town of Milton in Saratoga County is an important element of their design guidelines adopted in 2001. Elsewhere in the state, Final Copy Page 3 of 36 r' 'SiSf r �' yTd 71� %:r :i Sr tl poll d I k t rr .! Town of Dryden — Residential Development Design Guidelines II. DEVELOPMENT AND CONSERVATION OPPORTUNITIES In addition to preserving local character and open space as land is developed in the town, these design guidelines are meant to assist landowners in making informed choices about their property. One of the goals of design guidelines is to illustrate how positive land use decisions can be mutually beneficial to both the landowner and the town. It is important that a landowner is aware of some of the potential development and conservation options in planning for the future. These options may be thought of as a continuum that ranges from full development to full conservation of a property. Which can work best depends upon the landowner's needs and goals and the availability and potential interest from conservation partners and related funding sources. Each approach has financial and other benefits for the landowner. Consultation with the town's environmental planner and other planning and zoning staff is part of the process. Town staff can help direct a property owner to other resources in the region to provide additional information and support as property owners consider their development options. Not every landowner will have the same goals or plans for their property. Some landowners may wish to maximize development, while others may have conservation as a goal. And of course, there are many points in- between. The conceptual development scenarios described below — Full Development, Limited Development and Full Conservation — represent points along this spectrum of landowner goals. FULL DEVELOPMENT For landowners who ultimately expect to develop all of their property, sound planning in the early phases will provide increased options for good neighborhood design to be accomplished in later phases. This is particularly important for owners of larger properties. For smaller parcel owners, creative design can actually be more challenging as there is less space in which to locate development, and perhaps fewer feasible options for its development. In terms of using these guidelines, the illustrated examples depicted in latter One of the many country roads in the Town of Dryden Final Copy Page 5 of 36 Town of Dryden — Residential Development Design Guidelines sections of these guidelines are not meant to show the only solution to a development design. Consider the sketches more as depicting a set of development principles. The sketches depict perhaps just one or two design solutions that address the principles. Each land owner is encouraged to develop plans that fit their particular needs and property. LIMITED DEVELOPMENT Limited development is simply creating a development that includes the permanent protection of more land than required by zoning. Permanent protection is typically achieved by the donation to a land trust or other public conservation entity of land in fee title or land restricted from development by a conservation easement. A limited development approach for a property may help a landowner achieve financial goals while maintaining a larger proportion of a property as open space. The rewards of a limited development include financial gains from sale of the development portion, potential income tax savings by land /conservation easement donations and a faster selling, more attractive /competitive product. FULL CONSERVATION Under this option, the overall goal is to protect all of a property or almost all of a property from future development. For example, the town and county have successfully partnered with local farmland owners to secure grants to fund farmland protection projects in Dryden. Dryden is fortunate to have several nature preserves, many of which were the result of the generosity of local landowners. The O.D. Von Engeln Preserve is a 306 -acre nature preserve managed by the Nature Conservancy (The trail is also known as the Malloryville Preserve; boardwalk pictured here). In January 2008, the Finger Lakes Land Trust announced the establishment of the Park Nature Preserve which protects 4,200 feet of frontage along 6 -mile Creek in Dryden. The acquisition was made possible by a personal gift from the late Roy Park's daughter in honor of her father, a well known resident of Tompkins County. Additional financial support was provided by several other key local donors (see: ww%v.fllt.org). Full conservation of land as an option can be rewarding in many ways to landowners. Grant and other funding may be sought to support such projects in addition to potential significant tax benefits if a donation or partial donation of land is involved. A listing of additional resources and further information for consideration on some of these concepts discussed above is provided in the appendix of this document. Page 6 of 36 Final Copy Town of Dryden — Residential Development Design Guidelines III. GENERAL PRINCIPLES FOR RESIDENTIAL DEVELOPMENT The following principles and design guidelines apply to new residential subdivisions within the Town of Dryden. Adherence to these general principles will help landowners develop their subdivision plans in conformance with town code. Town staff and the planning board will use these principals to evaluate applications and make decisions throughout the review process. GENERAL PRINCIPLES FOR DRYDEN Ensure public health and safety. 2. Protect the scenic character of rural corridors. 3. Protect agricultural resources. 4. Design with nature. 5. Recognize neighborhood context ENSURING PUBLIC HEALTH AND SAFETY Keep driveway and road cuts to a minimum while providing maximum connectivity between neighborhoods. By limiting the number of entry points along town roadways, the town can significantly improve safety and reduce the number of emergency response calls related to traffic accidents. Utilizing shared driveways and other design concepts can ensure both public safety and reasonable development objectives can be achieved. Connector roads should be planned to link nearby roads in a way that ensures linkage but reduces impacts of cut- through traffic. Clean and plentiful water is essential for life. Ensure site design provides protection of water resources and associated natural habitats both during construction and over the long term. This will serve to preserve key components of the rural qualities that are desired by Dryden's residents. Providing natural vegetated buffers is one of the most important elements of water resource protection. Final Copy ...... .............................., Ensure site design provides protection of water resources and associated natural habitats both during construction and over the long term. ........ ............................... ........0200..................: Page 7 of 36 Town of Dryden — Residential Development Design Guidelines PROTECT THE CHARACTER OF RURAL CORRIDORS AND ROADS The visual and scenic resources of rural road corridors and roads should be conserved. The site layout of new development in the countryside should protect roadside views to the extent practicable and ensure that home sites blend into the landscape to the greatest extent possible. Open space and natural areas should be designed to maintain the integrity and character of existing roads and maximize visibility for persons passing the site wherever possible. This rural corridor has valuable scenic resources with little development occurring. Undesirable: The same corridor under a conventional development scenario. Desirable: Development has been tucked away and clustered to maintain the rural character of the road. Images: Q Copyright 1995-1996 Center for Rural Massachusetts, Department of Landscape Architecture and Regional Planning, University of Massachusetts, Amherst, used by permission, Page 8 of 36 Final Copy �'; �° �° h± 4'bv;,�i`��^'�q�"y�p��'�,r`�i�. `t`y� � .• +�"L �'Ya+� a�y.y if., t ���li���"6ffp ei� } w'�. �N 'y ttCY^ o �y0�:h"�� pY� 'i• .. .�• rev sr. 4 � a� Town of Dryden — Residential Development Design Guidelines DESIGN WITH NATURE Building and home sites should be arranged to minimize clearing of forest and vegetation and the landscape shall be preserved in its natural state to the greatest practical extent. The orientation of individual building sites should maintain natural topography and cover. Site planning and landscaping should consider the following: ❑ Existing groves of mature trees should be maintained where feasible. Introduce buffer plantings, in particular where open, former farm fields are being subdivided. Species selected for planting should be appropriate for this region and microclimate of the setting. ❑ Development should minimize cut and fill, utilize gentle grading and avoid abrupt grade transitions. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. ❑ Include natural drainage and naturalized stormwater treatment elements into the site drainage design. ❑ Where possible, buildings should not be located in the center of open fields. Structures should be placed at the edges of fields along more heavily vegetated areas. loll O Minimize cut and fill 2` E� Work with natural land contours whenever possible Page 10 of 36 Final Copy rY cc .s µ �,. V. lit X144, , -.err, "' � `�,,. �, ^.fin 't ., �r • { � � �.i,�;, Pr .1 r' •7� o _ _ t ° �E�-Z.34+ Town of Dryden — Residential Development Design Guidelines ❑ Scenic viewsheds along the roadside should be protected by using site design to appropriately set back and "tuck development into" the landscape (woodlands or hedgerows, for example) or use landscape plantings to shield the roadway from development. ❑ Minimize the number of curb cuts on existing roads. Utilize shared access points and linked /shared parking where possible, Fight- nf•'�Y�,y i rte• --''I Nighoof•'A'ay An example of a shared access point along a roadway Finding ways to connect to the town's emerging trail system can help make new homes and neighborhoods better connected to the community as a whole. The Jim Schug Trail, in the southeast section of Dryden, is an example of a local infrastructure where residential development can tie into a regional context Page 12 of 36 Final Copy Town of Dryden — Residential Development Design Guidelines 0 IV. RESIDENTIAL SITE ANALYSIS PROCESS BACKGROUND Site analysis is a systematic approach to clearly articulate unique and important natural and man -made amenities of the property and integrate these into a development plan that preserves and compliments these features. This process should result in the creation of an attractive development that is responsive to and helps strengthen the character of the neighborhood. The conservation analysis and design approach places the identification and conservation of resources as the primary and leading design component in site planning, layout, and design of the built environment in rural character areas. This approach reverses the typical site planning approach which historically has dictated the laying out of the streets, lot lines and building footprints as the first part of the process. Instead of first identifying development areas, the process begins by analyzing on -site resources and the site's connections to surrounding resources in order to identify important on -site conservation areas. Conservation areas in Dryden may include natural landscapes such as wildlife habitat, streams and forests. These areas may also include working and scenic rural landscapes such as farm fields, farmsteads, and contributing buildings and features. ............................................................................................................................... ....................•.......... The conservation analysis process helps identify conservation priorities on a site - specific basis, utilizing an understanding of what and how the site contributes and connects to important local and regional natural resources. ............ ............................... . ....... . ....: This procedure sets forth a collaborative effort between the planning board and the applicant at the early stages of the design process to better understand existing landscape features and to evaluate the site's most valuable resources before committing to building, street, or development area footprints. While it may not be possible for all on -site resources to be protected, the conservation analysis process helps identify conservation priorities on a site - specific basis, utilizing an understanding of what and how the site contributes and connects to important local and regional natural resources. This conservation analysis process will help the property owner /developer, the town review board(s), and the public gain a deeper understanding of how proposed change to a site affects the future landscape. This understanding forms the basis for design decisions, which in the end will help to achieve the applicant's objectives while being responsive to the broader goals and responsibilities of the town. Final Copy Page 13 of 36 Town of Dryden — Residential Development Design Guidelines PRE - APPLICATION MEETING AND FIELD VISIT A pre - application meeting with town environmental planner should be held prior to the design of a subdivision project. The town environmental planner (and other staff as appropriate) will listen to the applicant's objectives and will review the requirements and procedures. This meeting can be conducted prior to any survey or other design work to help establish a clear understanding of the needs and requirements of the conservation analysis and design process between the landowner /developer and town environmental planner. A field visit could also be valuable early in the process to help the town environmental planner and the applicant share observations about the property from an "on the ground" perspective. Through this pre - application meeting and field visit, the town environmental planner would be able to exercise some level of professional judgment in conjunction with the applicant or developer in determining what level of detail of conservation analysis would be required on a site- specific basis. A minimum of conservation analysis detail as outlined below in the "four -step conservation analysis and design process" should be a requirement for every parcel, no matter how small a parcel is proposed for conservation subdivision or site plan review. A FOUR -STEP CONSERVATION ANALYSIS AND DESIGN PROCESS The following section outlines the procedures for conducting a conservation -based analysis and design process for site plans and subdivision plans. The applicant shall utilize this process for site planning, layout and design of the subject parcel. ....................................................................................................................................................... .......0......................: Conservation Analysis: A Four -Step Design Process 1. Create a neighborhood or context -level conservation analysis map which synthesizes the site s most important resources and features in relation to the surrounding area. (Town and county GIS data should be used for a base map) 2. Create a site -level conservation analysis map which details the site's most important resources and features to help identify the suitable areas for development and conservation on the building site. 3. Mutually determine the site's conservation and development areas. 4. Identify a proposed layout for development that complements the conservation areas (conservation desi ni. ............................................................................................................................... ..............................: Page 14 of 36 Final Copy Town of Dryden — Residential Development Design Guidelines STEPS 1 & 2: CREATE CONSERVATION ANALYSIS MAPS This important.first step is critical to understanding how a parcel relates to town -wide conservation goals, rural character, regional context, and to its immediate neighboring parcels. Existing natural, cultural and scenic resources and features should be identified clearly on a scaled conservation analysis map, with additional supporting maps. This initial inventory will include on -site evaluation of resources, as well as the review of USGS topographical maps, aerial photographs, FEMA flood maps, and other sources of information. An analysis of resources at the-site level is required as well as an analysis of the regional influences and major contributing rural character features. This analysis may take the form of several maps and layers of data presented in a meaningful way to the planning board for its review and decision - making in conjunction with the application. Below is a list of questions that should be answered by the land developer through the conservation analysis: ❑ How important is this parcel from a town -wide open space perspective? Has this parcel been publicly identified as including an important natural resource or contributing to rural character? ❑ How does this parcel fit into the rural character of town? What does this parcel and its unique elements contribute to the rural character of the town? 0 • What are the major natural resources and what contributing elements of rural character and open space resources are exhibited on this site? • What water resource, vegetation patterns or other connections are there to adjacent parcels and important natural resources? ❑ Is the parcel adjacent to a municipal border such as a town or village? Identify the subject parcel and the designated future land use of the adjacent parcels within the adjoining municipality to determine how does this location influence the contextual site design. Step 1 involves a broad analysis of important environmental resources at a town -wide and regional level. This analysis provides a context for the development site as many important resources and conservation goals operate at a town -wide and regional level and results in the creation of a large -scale conservation area map. Step 2 then focuses on the specific resources of the development parcel resulting in the creation of a small - scale conservation area map. It is the responsibility of the developer (or representative) to meet with town staff to accomplish these steps before further consultation regarding their property takes place. Final Copy Page 15 of 36 Town of Dryden — Residential Pevellopment Design GiAidelines • STEP 1: UNDERSTANDING THE AREA LANDSCAPE CONTEXT: CREATION OF REGIONAL LEVEL MAP SHOWING MAJOR RESOURCE FEATURES AND CONNECTIONS IN PROXIMITY TO A BUILDING SITE The purpose of this step is to attempt to understand the environmental context of the development site by analyzing town -wide landscape patterns and resources. The following questions will help to create an understanding of major resource patterns and influences with respect to the development site, and how these patterns contribute to Dryden's rural character. 0 What is the relationship of the parcel(s) to open space resources patterns and context? 0 Are there major resource features, and connections across the landscape that intersect with or are near the subject parcel(s)? To analyze the site's relationship within the town and to rural character, the developer shall create a regional level conservation analysis map that addresses the following set of resources for the site in relation to the town as a whole and specifically within the rural character area that the development parcel is located within. 1. Identify the parcel's location in relation to existing and future land uses, open space, and existing and proposed recreation lands as identified in Town and /or relevant County planning documents • (Comprehensive Plan, Recreation Plan, Official Map, Tompkins County Unique Natural Areas Inventory, etc.). 2. Identify whether the development parcel or the resources found there on are listed as a priority parcel or resource for open space protection in the Town's Open Space Inventory, if applicable. Identify any other priority parcels adjacent to the development parcel or within the rural character area. 3. Identify the primary rural character areas and features that are present near the site and connecting /intersecting with the site. These rural character areas and features should be preserved and featured in the site design process on a case -by -case basis. As an example, designing for a property that includes open lands, scenic lake views, and woodlands may include protection of the viewshed of the lake by clustering the residences in the open lands at the edge of the woodlands. In this case, the most important design decision may be to protect the viewshed. However, the goal of protecting the larger cluster of woodlands is also achieved by clustering the homes at the edge of the open lands rather than clearing the woodlands for development. 4. Identify the natural ecosystems, habitat patches and corridors and their relation to the site. Identify stream corridors and other large landscape connections. Identify large woodland patches, networks of old fields, meadows, Page 16 of 36 Final Copy 0 Town of Dryden mm Residential Development Design Guidelines hedgerows, wetland complexes, or other significant landscape patterns. Identify smaller habitat patches that may serve as wildlife "stepping stones" between the large patches and complexes. Maintaining connectivity of these patches and corridors should be a major goal of the conservation design process. STEP 2: ANALYZE THE ON -SITE RESOURCES BY CREATING A SITE -LEVEL CONSERVATION ANALYSIS MAP THAT BETTER SHOWS SUITABLE BUILDING AND CONSERVATION AREAS ON A BUILDING SITE Step 2 involves conducting a detailed, focused inventory and analysis of the on -site natural, cultural and scenic features. The following basic information and resource data must be mapped and illustrated. OWNERSHIP All contiguous land owned or under option by the owner and /or applicant. TOPOGRAPHY AND SIGNIFICANT TOPOGRAPHICAL FEATURES 19 Show steep slopes and ridgelines. Map the site's topography of a minimum of two -foot intervals to United States Geological Survey datum within the parcel. Identify the areas that have slopes 8 to 15 %; and separately, identify the areas that are 15% or greater. Generally, slopes up to 7% are suitable for O development, though each sites unique characteristics will dictate the suitable scale and placement of development. Slopes between 8 and 15% are less optimal but may potentially be developed. Slopes greater than 15% are to be avoided if possible since the potential for erosion is greater. Developers should consult with the town planner for analysis of areas with significant slopes. 2. Show distinct geologic formations such as rock outcroppings, cliffs, sink holes, and fault lines. 3. Label hilltops and distinctive geological features, especially if a hill or topographic feature is "known" in town. , WATERCOURSES AND WATERBODIES Identify all water features to include: rivers, streams, ponds, wetlands, brooks and intermittent water or drainage channels. Include the Department of Environmental Conservation Stream Classification System as applicable. AQUIFERS WAND AQUIFER RECHARGE AREAS Map existing known mapped aquifers and aquifer recharge relationship and drainage connection within the watershed exhibits aquifer areas or is immediately connected to such, account in the development of a conservation area of the also be mapped and identified by soil group (A, B, C, D) to runoff potential. areas to understand the site's to such resources. If the site this should be taken into ;ite. Hydrologic soils should evaluate infiltration and Final Copy Page 17 of 36 Torn of Dryden — Residential Development Design Guidelines WETLANDS Map and field delineate both NYS Department of Environmental Conservation Freshwater Wetlands and their associated 100 -foot Adjacent Areas, and federal jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers. FLOODPLAINS Show 100 -year and 500 -year flood hazard areas from a Federal Emergency Management Agency (FEMA) flood insurance rate map or site - specific flood elevation determination data if none is available otherwise through FEMA. FOREST, MATURE WOODLANDS, AND WOODLOTS Map large and smaller patterns of intact woodlands and forest areas using aerial photo and land cover analysis. Woodlands should be considered in the overall natural setting pattern, from a habitat perspective, and from a rural scenic setting perspective. In some locations, some development in a wooded area may be more desirable than development in an open area. FARMS, FARMLANDS, AGRICULTURAL DISTRICTS, AGRICULTURAL SOILS Map the following agricultural features and resources: A. Active farms, active farm buildings on the subject parcel or within a 'A mile radius of the subject parcel. B. Farmland within a New York State certified agricultural district in Tompkins County. C. Lands within a 1/a mile radius of a New York State certified agricultural district. D. Soils classified as soils of Statewide Significance and Prime Farm soils as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the Tompkins County Soil Survey. EXISTING OPEN SPACE RESOURCES OR RECREATION LANDS Map the following open space and recreational lands or resources (owned by private not - for- profit conservation organizations, town, county, or state entities) on the subject parcel and within a 'A mile radius: A. Permanently protected open space or recreation lands (local, county, state, federal). B. Permanent or term conservation easements. C. Priority open space parcels. D. Roadways designated as scenic (local, regional, or state designation). Page 18 of 36 Final Copy Town of Dryden — Residential Development Design Guidelines E. Scenic rural roads as identified in the towns Comprehensive Plan, F. Existing and potential trail connections and pathways (as identified in town trail plan; county trail plan; state or federal trail plans; including scenic byway plans). CULTURAL AND HISTORIC FEATURES Map the following cultural and historic features: A. Lands having scenic, historic or archeological significance as identified in the town's comprehensive plan, or other specific relevant studies. B. Existing infrastructure such as streets, driveways, farm and forest roads, buildings, foundations, walls, wells, drainage fields dumps, utilities, fire hydrants, storm and sanitary sewers, cellar holes, graves, etc. C. All historically significant sites, or structures on the site and on any abutting site within a 'A mile radius of the site's property boundary, including but not limited to those sites and parcels identified as locally important historic resources in the Town's Comprehensive Plan, and according to the New York State Office of Parks, Recreation and Historic Resources, State Historic Preservation Office that tracks sites, buildings and parcels identified with state register or federal register historic designation. OD. Homesteads on farms (farmstead). E. Agricultural buildings: barns, silos and other farm activity out - buildings. F. Stone walls, hedgerows, wooden fences. G. Archaeological and cultural features (historic features, structures, etc.). SCENIC VIEWS AND SCENIC LANDSCAPES Map the location and extent of views into the property from navigable waterways; public roads and public areas, includirg parks and forests; and lands with existing conservation easements. FIELD WALK WITH CONSERVATION ANALYSIS MAPS Depending on the parcel size and proposed level of development on a site, a field walk should be conducted to review the Step 2 analysis with the developer, the town environmental planner, and the planning board. Ideally, the field visit would include the regional -level conservation analysis map (Step 1), and the site -level conservation analysis map (Step 2) to provide a base for assessment and understanding of the site, its natural and man -made resources, and its connections and role in Dryden's rural character and town open space resources landscape. The goal of a field visit is to address and evaluate the range of conservation values for this site, and to mutually prioritize what are the most important resources and areas of the site to be conserved as Final Copy Page 19 of 36 Town of Dryden — Residential Development Pesi4n Guidelines part of a development project. Again, a field walk is only recommended if there are a significant number of residential units proposed for a site. S t(VT rrolkile ON-; � iC►.� /(jr /� APIwCINl An example of a site -level conservation analysis map for a property on Irish Settlement Road. Note the depiction of the existing environmental features on the site. EVALUATION AND ANALYSIS The depth and extent of the above requested conservation analysis is contingent upon the size of the parcel to be subdivided. It is recommended that a landowner considering subdivision of their property contact the town environmental planner for a prtt- submittal meeting. At this time the town environmental planner can also recommend the level of depth for the conservation analysis, dependent upon the size of the parcel to be subdivided and the proposed number of residential units. A qualified land planning professional such as a land plan nerjdesigner, landscape architect, or planner who specializes in conservation analysis should conduct the land analysis. Synthesizing all of the information gathered into the form of a conservation analysis map (with supplemental inventory and maps) — will be useful to interpret and weigh the conservation features and values of the parcel. Page 20 of 36 Final Copy Town of Dryden — Residential Development Design Guidelines STEP 3: MUTUALLY DETERMINE THE SITE'S CONSERVATION AND DEVELOPMENT AREAS Once an inventory and analysis has taken place, and a small scale conservation analysis map has been created, it is recommended that the developer and Planning Board come to an agreement on which natural resources shall be protected and where the logical areas to build on a project site shall take place. STEP 4: IDENTIFY A PROPOSED LAYOUT FOR DEVELOPMENT THAT COMPLEMENTS THE CONSERVATION AREAS Based on the previous input, it is recommended that the developer and Planning Board come to a mutual agreement as to a layout that will provide a balance between protecting the most important natural resources on a site, assisting the town in preserving its rural character, and providing the greatest financial gain for the site developer. The proposed layout should also incorporate a stormwater management plan, as necessary and required. CONCLUSION In conclusion, this process should help to establish a greater understanding of the site's key conservation features. This should lead to the identification of key areas and resources for conservation on a development site. Final Copy Page 21 of 36 y ; �� yL G' «S •- .'� '.f 7I.'n lK �...r 7w,• r��7q���'�i'1� ±• 4�J. �,� ' C. Nan TJl�? � h�,,.�Gnr' l- -•5,_� . '��'� /i1a �1�''. IN i ♦ S ♦' . f �{ t "' 'J'�^��'� „C�� ^' . y l I+r�'���j.J. ` • •`, , I;r R?iI f .j S - • .; .� I L p / ^ ? ``' 4�", ' Ot� It IN AI� IT IN ' �.f yT f "^f •.�,J+ n ,.�S 'v .r wry v Ali f Y d1. +,j `i 1� l • �� IN r :`;%ei' ,i y" jyJj�+t+ t : t i ,ty .rF C ? ♦ it . r ^,� :.� { t .4f � :f n` 5f, ��f � 10 .- �" u�r .fr t� +l�j/•� �+i��'♦ ,�d� tir I '�t ♦f�� 'v °.� �/ Y�' � i 1r C � }iii, J�' " >. J�,��r `'1s♦ 4, �� ��j�. �•.� 'i��7.��G !'��L': 4w `.y- �i��� '�• �C� C "My�i r, •.S 1 r 1' jk `� "LS f� 1%.�`41�,i(�p 'yQ � /l; �jtJ� �.{, �J`i7'N��•e' Sin '7�.5 �Q�yr M�f ✓< � ��- ����. ♦ I .{�1-- r{{''r���uV I> j}/ � � Y� l�- � �i•�'F r " V�j Iwl i�..e. t i •N�� f� `.��1 ~ Y g �� i � kr= �''{bb .� ., T��, 'n k• ;�: Y a +r ,•. �i ,�a•7#� ��' °x'14` a.. ��1. .v � �'R� �}i:•7 ., 1, � , f �.(�,1 ` ,- � f.,y � ,"♦ ♦ i G6'� �{�� ' ? a �-� ' L-J , � cr � 'i't •.� �' ,y4�� , ' YT, ,x` } o "` y`-� ��•T r. • 7 .,.`� �' � �S�C � 7�oa�.i � c. ��1��``c,'_!.'�^r��s�i'��'4�! � f:/^kt c � � �''� f�.}�Pi' � (� r' �i�_ xl, 1 L . <Pr t.� r l� ^aP ����.�1 � t (�' nk.,°+ > 1 d'• r �+r�.p Ct f1 \V ♦) '' R'._.`" . � r9%,,�`�'E.a T/'y� ..Lren �:11'•.f 1 !��ra�s3t L"S- ILJ"�h rya � .Y4 ... �ati�.A.1�1.� ^. � .4..'!ii`W z..c_J -1 .� i'�?�ti�`f'J�,. o.y • �� .; i0P1 -Ki ��, �y � .,. fk yf ot J y, • •, - I 1 OP If 1:0 IJ rr �r< i 'yA✓ S� �- •� (t• w. Town of Dryden - Residential Development Design Guidelines itirrliaps;<oiiF+►t - .tJ, wt 0.1';A1q <t'10{y�Anid1. �• �OrYdI�- � � ' I �� ti6't {CIIO �'a u►tr1 r J - �l,LDfJ 111.1 r 4 9 A ♦ ' Ff L .r ` f'. lG4% INV 1 71 ar jl � `•t � v� III I'M PP AC?ACI�t N,KdKVttWAI Vlt \_ter Above: Based on the location of the natural resources on and adjacent to the site, the upper portion of the site, with the slope, stream and forest lands, should not be developed. Below: Conservation and development areas are identified for the parcel. S , POTENTIAL CONSERVATION AREA -I ^J • �:�'• ���_� � �..- +,.yam -.� ter= 1 tt POTENTIAL AR(l FOEI DEVLLOPMEM rep t Page 24 of 36 Final Copy Town of Dryden — Residential Development Design Guidelines PHASE I: DEVELOPMENT The renderings below depict two possible approaches for the first phase of development of the Irish Settlement Road property. The image on the left is an example of an undesirable development pattern; multiple frontage lots with individual driveways creating additional conflict points on the adjacent roadway. The new homes closest to the existing farmstead are also sited on prime farmland, which precludes the land from agricultural use'in the future. In the image on the lower right, the existing farmhouse remains separate and while there are four frontage lots, the development is placed away from the existing home, thus allowing for a significant open space between the existing farmstead and the new homes. Moreover, the new homes share two driveways, reducing the number of entry points along Irish Settlement Road. w NGfi�3 lit yJ.. XO O y ` � J ' ,1 P _w d u Right: New homes are placed away from the existing home and share driveways to reduce entry points on the road — this is a more desirable approach. Left: The rendering shows five new lots during Phase I with four frontage lots and no shared access — this is an undesirable approach. Final Copy Page 25 of 36 Town of Dryden — Residential Development Design Guidelines PHASE II: DEVELOPMENT The build -out of the parcel continues during Phase II of the development. The bottom image depicts larger "mini- farms" on the left hand portion of the parcel and additional single - family lots behind the existing four homes constructed during Phase I. Although two new curb cuts have been added, the new driveways serve five additional homes. The creation of the mini -farm or farmstead supports the continuance of agriculture and preserves open space in town while also meeting the landowner's needs. The rendering to the left depicts additional frontage lots yielding additional curb cuts, both along Irish Settlement and along Card Road. The scenario on the left is unacceptable due to the loss of farmland and the additional safety concerns. Y / s�,...,J > •, + ter.♦ 9 a` - r it qr 9 Me . k ` •.• pia � if � �. ' i °'� ' •r Left: Undesirable development {i • ?; Q -? ° .a. •�r+,MM'11� ! ; ° y • • 0 1 adds additional frontage lots and diminishes farmland. Right: Farmland is maintained on the left, future ROW is t �`le established to guide future 1 development of the site. ; Page 26 of 36 Y. r irk ,Jr ♦•4k, Mutt mod y .. + 41 IF ry j lam' 111 . {I Final Copy c j Final Copy Town of Dryden — Residential Development Design Guidelines PHASE 137: DEVELOPMENT* In Phase III of the development the conservation scenario on the bottom of this page depicts the addition of more homes along the future right -of -way. At this point in the development the landowner still has not invested in any roadways. Although the future right -of -way has been established, thus far the development has been utilizing shared driveways. The top rendering shows the additional parcels, several of which are flag - lots. Also, more entry points have been added along Irish Settlement Road, Right: Desirable as Additional °- homes are added from Card Road entry using shared i driveways. %. j 41 f Final Copy t ,r Left: Undesirable - the natural and ecological areas of the parcel are being consumed by development. Pv Page 27 of 36 Nluw Town of Dryden - Residential Development Design Guidelines PHASE Woo DEVELOPMENT Right: Desirable - An additional mini -farm is created near the original farm and more homes are built by the expansion of a private driveway into a full road from Gard Road. Page 28 of 36 ♦Y ) i EE�h t F i O { •( f Left: Undesirable - Flag lots with frontage along the road continue to permeate the property. Little of the natural resource areas are left. Several of the flag lots require driveways crossing the stream bisecting the property. • I Nom•+ .. � �.W.cs •.l !�. ... ... •.�4 ='-•A � ' I t �w eel jr 1 .s r f � (r` t y` 4 J• Final Copy � T�4�� Town of Dryden - Residential Development Design Guidelines PHASE V: DEVELOPMENTAND FULL BUILD -OUT ,. tl -e Left: What were once shared driveways is now a residential -scale road connecting Irish Settlement and Card Roads. The mini -farms have preserved open space, hydrological, and agricultural uses. Below: Desirable features of this scenario are illustrated. Z � PO'TEMISA/ CONSERVATION AREA � r i;� , . �= .,c •� r•�.�'`� fir. .� ti.J 'VO_TL MAI UNAY r 7 I A�IN'10J1��WCSOURCI ti' AGRICUL vRAt IANDAND VIEW FROM ROAD 6tA1NRAINFD r. SMAAED CURB CVT ANWOR DRIVEWAY EinsTnub 1-4mrAROWL oao%lbt N ATUUAI- @Ut I E RS Final Copy Page 29 of 36 Town of Dryden - Residential Development Design Guidelines i i II f�� It I� �;. ` t KOA OwedtD � y I It JI r 7�- -ooUwrlA� lon sysrAltz +rl.t IIMOIR NARVS11 - e r 'c'' AIC41ATIORTIWLSYSTIA j 5e r r ~= BARW —i v ' FACIiIIY 1• •''�" +� 'rCOMMUNITY J ARMN o f Ott -�-: St f \ p l Z. ALTERNATIVE SCENARIO: A SMALL -SCALE COOPERATIVE FARM In this alternative scenario for development on the Irish Settlement Road parcel, the existing farm property can be developed in a method that would better promote the preservation of open space and agricultural land. This example also provides additional amenities that could be managed by a homeowners' association. Potential amenities on this site include: recreational space, multi -use trails, equestrian trails and stables, community gardens, or a cooperative farm. This rendering illustrates six 1- to 2 -acre lots subdivided from an existing 137 acre parcel located with a common barn or recreation facility. The homes are hidden from the main roadway to create a physical separation from the road and from the existing farmhouse to the south. These homes are accessible from the county - maintained roadway by one private road as opposed to multiple driveways, limiting the number of access points and improving safety. Funding to support common areas in the subdivision can come from a variety of sources, including limited timber harvesting, haying, and limited crop production. The number and size of developable lots could be more or less dependent upon what is economically viable; landowner needs and vision for the property; or the desire to conserve open space. Page 30 of 36 Final Copy Town of Dryden — Residential Development Design Guidelines HOMEOWNERS ASSOCIATIONS In many cases, a property owner may desire a proposed subdivision to be governed by a Homeowner's Association (1-10A). A HOA is a legal entity that is enacted to maintain common areas and to enforce the deed restrictions of a subdivision. Typically, a HOA is set up by a developer to allow control of the development of the subdivision through Covenants, Conditions, and Restrictions (CC&R's) that are tied to the deed signed by a property owner at property closing and run with the land. In most cases, the developer initially has control over the subdivision, with control gradually being turned over to the property owners as the subdivision is developed. The HOA typically assesses property owners within the subdivision, for maintenance costs of roads and stormwater facilities, as well as insurance and legal costs. Final Copy Page 31 of 36 Town of Dryden - Residential Development Design Guidelines OTHER SUBDZVZSION CONCEPTS Example 1: Aesirable Small -Scale Subdivision Design on a 15 acre parcel F �. nl { � I Desirable small -scale subdivision design, Milton, NY. F• f� ts -^o_s -orr I`. Undesirable small -scale subdivision design of same site. Page 32 of 36 This design example to the left, from a project in Milton, NY, protects the most significant visual and natural resources on the site -- the meadow, woodlots, pond, and wetlands in the southwest corner of the site. The houses are tucked into the rear of the parcel and are hardly visible from the existing roads. Curb cuts onto the existing roads are minimized and the new road is constructed to town standards. The bottom lot retains ownership of almost all of the open land created by this subdivision. A conservation easement is utilized to ensure that the conserved lands (including the meadows, pond, and wetlands) will remain permanently undeveloped. The rear portions of the other three lots, which contain steep slopes, are also placed under a conservation easement to ensure that the slopes remain undisturbed. In contrast, the rendering to the left also shows a 4 lot subdivision on the same parcel which protects more than 50% of the original parcel. However, this subdivision design displays little regard for the important landscape features of the site. The meadows, woodlands, pond, and wetlands have all been compromised by the location of housing and lot lines. The rural view from the existing roads is diminished, and there are several new driveways accessing the existing road (south) within a short span. Final Copy Town of Dryden — Residential Development Design Guidelines Example 2: Incremental development of a 15 -acre parcel A smaller parcel still presents an economic opportunity for the landowner. This design scenario depicts three lots developed on the interior of a 15 acre parcel and away from the highway frontage, with approximately seven acres remaining for the principal land owner. The goal is to illustrate that development can be designed to limit access points and improve roadway safety, while being able to be built in the typical incremental small -scale development pattern that currently exists in Dryden. While this is one development alternative, site development should be created to suit the specific needs of a landowner while encompassing the larger development goals for the town. The number and size of developable lots can vary dependent on the economic goals of the landowner as well as the timeline for development. Depending on their needs, a landowner might develop their property incrementally with subdivision as needed based on economic necessity. le 1 ' CIN - r, Step 1: A house with a private driveway and easement for extension of a private road Step 2: A second home with a private driveway off of the private roadway and easement for extension of the private road � SI � 1 Step 3: An additional home off of the shared driveway. This roadway can be designed in a way to be extended to tie into future development on adjoining parcels, Final Copy Page 33 of 36 Town of Dryd en — Residential Development Design Guidelines Example 3: Clustered Village Scale Development Existing Village Area W01 8 low WM - X11 -.•r�i 11 �. i.it I YO ►Iw l . - lr�,iti "mil. -�. � � y__ . t• w .. f �, z M_. 1 Desired extension of village scale development a a � a a o •V.l 1 � O e p o ,- •i. • WO '.M y Undesired extension of village scale development V 8' 1n In several areas adjacent to existing village boundaries within Dryden and in areas immediately adjacent to existing infrastructure such as sewer and water, it may be desired to extend village scale development as well as to provide additional open - space area for the town and its residents. In these areas, it may be desirable to limit development on a parcel adjacent to a village boundary or existing infrastructure to no more than 25 percent of the property area while allowing a gross density equal to that allowed for the entire subject parcel. Also, the remaining areas would be placed into open space until such time as the property is annexed into the village. Finally, the street layout of the property shall be required to continue the existing village grid pattern unless it is deemed infeasible by the Town Planning Board due to environmental factors such as, but not limited to, the presence of wetlands, water bodies, or steep slopes. Page 34 of 36 1 Final Copy Town of Dryden — Residential Develonment Design Guidelines Example 4: Hamlet Residential Development Development in and around the existing villages and hamlets in Dryden should respect existing architectural surroundings. With a more established, typically neo- traditional development pattern, hamlets and villages are denser communities with amenities located within. While it is foreseen that the majority of hamlet development will be of a limited infill nature; in some cases, the extensive redevelopment or expansion of hamlet areas could occur. Setbacks should be minimized, and a common design element, such as a fence should be encouraged. Multi- family housing that is designed to architecturally respect its surroundings, Hamlets and villages in Dryden should strive toward being pedestrian friendly by introducing pathways and sidewalks where possible. In addition, any new development proposed adjacent to an existing village or hamlet should draw from locally accepted design features so as to create a cohesive aesthetic for the community. ' Country 1 ~�- _•�.�.. � , � ;rte , o a ''<,g,;, Hamlet ;: ° } per. , ►. .H ,. ka o Watlahle �.j Y • • r! n e e ` ` V,A �� pl 5 crorka �i...wi B �'C r r yn) isi • L � PA rt A' O � �ORiI.tAl11 —rt. �' • � l • a . a4 a� ' 1 �1. 0i In `e A j as A F 4 1 % A a g~ ) p M..N Off, abnaYO p ¢ - �;9� •0 L• YE A Extension of the existing hamlet pattern should be recommended whenever possible Final Copy Rendering of a typical hamlet area Page 35 of 36 Town of Dryden — Residential Devellonment Design Guidelines APPENDIX Useful selected references: American Farmland Trust: Guide to Local Planning for Agriculture hap llwww farmlands fo org/docume sl30379 /Guide to Local Plann g for Agriculture NY. pdf ❑ American Planning Association Growing Greener by Randall Arendt, 1999 (From their bookstore, somewhat dated but a classic) http: (/www. planning. ora/APAStore /Search /Default. aspx ?p =1766 ❑ Link to "Using Limited Development to Conserve Lands and Natural Resources" By Jeffrey C. Milder, Spring 2006, Exchange, Land Trust Alliance. http://www. people. cornell.edu /pages(jcm85/CLDPs /E change - LlmitedDevelopment.pdf ❑ Finger Lake Land Trust, a regional conservation organization, based in Ithaca. Works on conservation projects in Dryden and throughout the region. http: / /www.fllt.ora/ References for preparing plans and construction documents for proposed development: ❑ Town of Dryden Comprehensive Plan http://www.dryden.ny.us/compplan.html ❑ Tompkins County Comprehensive Plan htt, r-):// www,tQmpkins- co ,Qm /planninglcomgglan /index.htrn ❑ Village of Dryden Comprehensive Plan http://www,thomcidevelopment.com/customerslprojects/planninci proiects/Dryd enCom grehensiveP lan.pdf ❑ Town of Dryden Open Space Inventory http.://www,dryden.ny,us/esi.hti-ol ❑ Town of Dryden Planning Department Web Site http://www.dryden.ny.us/ep,html ❑ Tompkins County Planning Department Web Site (Maps, environmentally sensitive areas) htti): / /www.tompkins- co.org /planning/ ❑ Tompkins County Department of Environmental Health http://www.tQmgkins-cQ,orci/hea.Ith/divisiQns/envirQnmental,htm Page 36 of 36 Final Copy 1:. Town of Dryden — Commercial Development Design Guidelines CONTENTS I. Background II. Town Wide Guidelines III. Character Area Guidelines Zoning Law Appendix C The town's main commercial corridor takes on an intimate feel in the Hamlet of Varna. Page 2 Page S Page 14 It is the intent of the Commercial Development Design Guidelines to supplement, not supercede town land use regulations. New commercial development in the town, including that along the Route 13/366 corridor and within the Hamlet of Etna, must continue to adhere to all applicable zoning, subdivision, and site plan regulations and procedures required by the town and other review agencies. Final Copy Page 1 of 23 Town of Dryden - Commercial Development Design Guidelines • % BACKGROUND INTENT The Commercial Development Design Guidelines help to implement the recommendations of the Town of Dryden Comprehensive Plan and are attached as an appendix to the Selected Ordinances and Local Laws of the Town of Dryden. The design guidelines are to be used by interested property owners, developers, and public officials and town staff with respect to non - residential projects located within the town. The design guidelines are written to be compatible with the town zoning code and development regulations, which should be referred to as necessary and appropriate. The design guidelines also establish "character areas" along the town's primary commercial corridor — Route 13/366 — for which more specific guidance is provided. Specifically, the design guidelines envision commercial development in the town that: ❑ Respects and complements the town's unique and largely rural character; O Strengthens a "sense of place" in areas of the town where there is an established or emerging concentration of activity; ❑ Utilizes shared parking lots and interconnected service drives to reduce curb -cuts and maintain road safety and function; and O Results in well planned, consistent design and landscaping for a cohesive look and feel, while allowing for creativity and expression on individual project sites. APPLICABILITY The guidelines apply to new construction or proposed alterations to existing non residential buildings on all properties in the Town of Dryden. In addition, more detailed guidance is set forth for commercial development along Route 13/366, the town's primary commercial corridor. Along this corridor, character areas extending approximately 500 feet back from the Route 13/366 right -of -way have been established, as shown in Figure 1. These character areas recognize areas within the town's commercial corridor that possess unique characteristics and opportunities and that are consistent with the community's vision for these areas as they grow and develop in the future. Adherence to the design guidelines is expected to the maximum extent practicable. As such, the design guidelines, in conjunction with the town's zoning, should be factored in at the earliest stages of concept development for proposed commercial projects and improvements in the town. They are meant to convey a richer, more thoroughly articulated vision for commercial development than can be conveyed by "cut and .dry" zoning requirements. Because the design guidelines cannot anticipate the unique conditions or opportunities present on individual properties, there may be occasions where a specific element of the guideline may not apply. In such cases, it is incumbent upon both the applicant, and those charged with reviewing and approving the proposed Page 2 of 23 Final Copy Town of Dryden — Commercial Development Design Guidelines project, to arrive at solutions that are still in keeping with the spirit and intent of the larger principals of the guidelines. Lastly, the application of the design guidelines should be informed by the scale and scope of proposed projects, including the amount of financial resources involved, the intensity of the use and the impacts it may have on town character and infrastructure. DEFINING EXPECTATIONS, ENCOURAGING CREATIVITY The design guidelines convey the community's vision for how commercial development should fit into the landscape and contribute to the character and quality of life of the town. At the same time, the design guidelines also respect and support the efforts of those proposing projects in the town, those who bear the risks and devote personal time and resources to commercial endeavors. As such, the strength of the design guidelines derives from: (1) A clearly articulated overall design vision for commercial development in the town, and (2) Providing room for flexibility and common sense solutions for individual projects. Successful implementation of the guidelines will require collaboration and cooperation between those proposing commercial projects, and the officials and staff charged with reviewing and approving them. As such, the design guidelines should be viewed as a "framework" for dialogue that sheds light on expectations and opportunities during the development review process, for all parties involved. In the end, the design guidelines are about creating high quality settings in the town that provide for economic opportunity and innovation, while strengthening the town's quality of life and "pride of place" for years to come. Final Copy Page 3 of 23 Town of Dryden - Commercial Development Design Guidelines Page Intentionally Left Blank Page 4 of 23 Final Copy Town of Dryden — Commercial Development Design Guidelines II. TOWN WIDE GUIDELINES The following guidelines apply to all properties within the town where commercial development is proposed. Additional guidelines for character areas along Route 13/366 are set forth in Section III. ACCESS MANAGEMENT AND CIRCULATION In order to create safe and comfortable circulation for pedestrians and drivers, it is necessary to minimize the interaction between cars and people, and provide clear crossing areas where cars and people must come together. Limiting the number of entry points to a development increases the amount of uninterrupted sidewalk along the front of a development, thereby decreasing pedestrian crossings, and creating a relationship between buildings. This improved relationship makes providing pedestrian connections between adjacent commercial developments easier and more natural. Pleasant, walkable internal pedestrian connections ❑ Provide automobile connections to adjacent lots and developments through shared access roads, linked parking, etc. ❑ Provide pedestrian connections between adjacent commercial developments through sidewalks, multi -use paths, etc. ❑ Minimize entry points and curb cuts. Temporary curbcuts may be provided for individual sites along the town's major corridors, as they are developed. However, as additional sites are developed, such curbcuts may be abandoned in favor of a safe and conveniently located curbcut that serves multiple, adjoining businesses. ❑ Establish a pleasant, walkable environment for pedestrians through landscaped sidewalks and multi -use trails. ❑ Utilize a consistent theme of street trees, other landscaping elements, and pedestrian amenities to provide a unified streetscape. ❑ Provide internal pedestrian connections (on site, from parking lots, to adjacent lots, etc.) through pedestrian walkways and access to and around development. Final Copy Page 5 of 23 Town of Dryden - Commercial Develonment Design Guidelines r ------ r ------ T - - - - - -� I I I c x R=C* Conventional Develcpment Patten uzrrre"A° Better Developmernt Pattern i — — — — — — i — — — — — — j — — — — — — I W 1 ry1�4\ Recommended Development Pattem (Above) Buildings, parking lot(s) and open space should relate to one another in such a way as to create the feeling of one unified development and minimize entry points from the road. A clear pedestrian path links parking to building entrances. Pavement textures and landscaping define the pedestrian path. Page 6 of 23 Final Copy Town of Dryden — Commercial Development Design Guidelines SERVICE AND ROOF SCREENING ❑ if a trash compactor unit is to be used, this unit shall attached to the building and be screened in with materials and colors that are consistent with the building that it serves. Also, an effort to minimize the noise of the compactor unit from adjacent properties shall occur. ❑ Dumpsters must be screened with materials and colors that are consistent with the building that it serves (i.e. a brick building must have a dumpster screened with brick walls). ❑ Loading docks, if attached to a building, must be screened with materials and colors that are consistent with the building that it serves (i.e, loading docks attached to a brick building must be screened with brick walls). ❑ Antennas, satellite dishes, air handling units and other mechanical equipment placed on a roof should not be visible from the street. ❑ Communications and cellular towers should be as unobtrusive as possible. BUILDING MATERIALS ❑ The usage of metal sided buildings as fagades for primary structures should be minimized, especially in highly visible areas and along principal commercial corridors. ❑ All new construction or redevelopment of a property should, to the greatest practical extent, utilize materials and design that is either evocative or respectful of a rural setting. This should include wood and stone for primary fagades. SIGNS ❑ Lower, monument style signs are preferred where visibility from the right -of -way is not an issue. Preferred monument signs are low, horizontal with raised lettering set off by flowers, shrubs, or lawn. ❑ Sign materials should relate to the materials and style of the building(s) they serve. Plastic signs, banners, or flags that include loud colors, particularly colors not pertaining to the building materials or style, are discouraged. ❑ The pole element of a pole - mounted sign should be architecturally. pleasing and in proportion to the sign that it carries. ❑ Ample landscaping should be provided at the base of signs. Final Copy Page 7 of 23 Town of Dryden — Commercial DeyeloR_menx Design Guidelines D In general, multiple tenant signs are discouraged, especially where building mounted signs are easily read from the main traveled way upon which the businesses front. In such cases, a single, plaza sign, denoting the name of the plaza, is preferred. D Keep signs simple. Too many combinations of colors, type faces and symbols can result in visual chaos. 'cAnEEO c N6 rnoMpur While internally illuminated /I.IYI C 11 signs are acceptable, f / . b I 4v, �tEYUT[5ti building mounted signs can ,.� RIG1�idllk ;E appear more attractive if illuminated externally. illRN RlG IT ` CAPITA[ 1101NQ �•— 'fell "•'�•'-•°�" -` -. IFMALIN CARE Ikkkkkkkkkk W4 VIVO in .:4 .. FOR Befiter 1.1'..ASF, q +£ It c C. I_ • AAAA In cases where there are too many individual retailers to fit on one sign, or where a more unifying look is desired, "plaza signs" are often preferable to multi- tenant signs. Page 8 of 23 Final Copy • 92491 I We PLUS �.r 2.5 9 A - SUPRBYta - �' r w DIESEL tI a mot" keii " SUBMIA z V f , - -_ Good 0 KoNLS� �. ' OlRtg� Clt a�v ell r'y lee lee Nit, .! "v ♦ '� ,may ` � �y�� ucr lee tee r.-'ie r Z, y L ECKE LL f Town of Dryden — Commercial Development Design Guidelines NATURAL SITE DESIGN Site design shall recognize and respect the site's natural features, creating a balance between the program of the new development and the environmental impact. By recognizing and building with the existing topography, it becomes possible to integrate stormwater management into the design, lessen the amount of grading and erosion, and thereby lessen the environmental impact to surrounding areas. In addition, by incorporating the site's natural features into the site design, it becomes possible to create a more aesthetically relevant place which fits into its context. ❑ Existing mature trees should be maintained and species selected for planting should be appropriate for this region and microclimate of the setting. ❑ Utilize native vegetation and avoid invasive species. O Development should minimize cut and fill, utilize gentle grading and avoid abrupt grade transitions. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. D Utilize sensitive construction practices and erosion control (limit soil erosion and disturbance). ❑ Natural drainage ways, contours and landforms should be respected and disturbance to these areas should be minimized. The example on the left shows how an alternative development plan can preserve existing topography rather than regrading an entire site which requires clearing existing mature trees. ❑ Utilization of "green techniques" for handling stormwater and runoff are encouraged where feasible, such as bio- retention swales, pervious paving materials and pervious alternatives to asphalt and concrete, such as modular paving systems or reinforced grass block (or other "dust- free" materials). For more detailed regulations and best management practices for minimizing and treating stormwater and runoff, applicants should consult the town's Stormwater Management, Erosion and Sediment Control Law. Page 10 of 23 Final Copy s. Town of Dryden — Commercial Development Design Guidelines LIGHTING AND UTILITY PLACEMENT A Locate utilities underground to the furthest extent possible. All above ground utility boxes and similar facilities should be clustered and screened with landscaping. ❑ Lighting should be appropriate to the rural setting. For example, do not "over light' (too many lights or lights that are too bright), always include full shielding to eliminate glare, and outside of hamlet areas and large parking lots, minimize lighting to preserve dark skies and limit light pollution. ❑ In general, lighting fixtures should not be taller than the buildings that they illuminate. ❑ Strong contrasts between lit and unlit portions of a site should be avoided, in favor of lower- powered more evenly distributed lighting. ❑ Canopy lighting should be fully recessed. LANDSCAPING Overhead wires and utilities can equate to clutter and detract from the appearance of the town. ❑ All required street trees should be placed between the edge of the road and the parking area or front building line, whichever is closest. ❑ Parking areas located between structures and the road should be softened with a low growing hedge and /or an attractive fence or wall, 13 Large expanses of parking should be broken up with tree and shrub plantings. ❑ A transition zone consisting of pedestrian amenities and landscaping should occur between buildings and parking areas. Final Copy Page 11 of 23 Town of Dryden - Commercial Development Design Guidelines The presence of a transition zone between the parking and building areas allows safe access for pedestrians in an aesthetically pleasing manner. In this example, landscaping and a low stone wall define the pedestrian pathway and buffer the parking lot behind it. Clear pedestrian pathways through parking areas and landscaping provide shade and break up a large expanse of parking. Lack of landscaping and little differentiation between automobile and pedestrian circulation systems translates into unappealing and unsafe environments, for all users. Page 12 of 23 Final Copy Town of Dryden — Commercial Development Design Guidelines ACCESS TO PUBLIC TRANSIT AND TRAILS ❑ Access to public transportation (Tompkins Consolidated Area Transit (TCAT), Cortland Transit, or other transit service) should be provided at visible, attractive, and safe locations within the corridor. ❑ Opportunities for making connections to the town's trail system should be explored for properties that abut the system. ❑ Bicycle racks are encouraged and should be placed in easily observable locations. Final Copy Page 13 of 23 Town of Dryden — Commercial Development Design Guidelines III. CHARACTER AREA GUIDELINES The following guidelines apply to all projects within 500 feet of the Route 13/366 corridor, as shown in Figure a., Within this corridor, three "character areas" have been established, each with its own unique set of guidelines. A. VILLAGE /HAMLET CHARACTER AREA The Village /Hamlet character CONSISTENT area specifically corresponds to ' ARCHITECTURAL, the Hamlets of Varna and Etna, STYLES AND COLORS and the area just north of the Village of Dryden, as depicted in Figure 1. However, many of the principles set forth for this character area can potentially be applied to other areas of the ))- town where a more I village /hamlet like environment may be appropriate, such as at crossroads areas where aI cluster of businesses and ^ f activity naturally emerges, or when development is proposed on larger properties that may have access to water and " sewer infrastructure. The design goal of the Village /Hamlet Character Area is to strengthen a sense of place, relate buildings to a pleasant, pedestrian SIDEWALK AND i1ME0ITIES SUCI -I AS environment, and respect and STRKC'1• LIGHTS AND celebrate the community's BENCHES heritage. STREET TREES AND PLANTERS ti ±11 I LL fill I Sk fir' 3 to Olt s. CURBED EDGE •— 5 kr VILLAGE /HAMLET "CORE BUILDING BLOCKS" The above sketch conveys some of the key attributes — or "building- blocks" — that constitute a Village /Hamlet environment. These building blocks should be incorporated into development projects and improvements in the Village /Hamlet character areas. While the application of these building - blocks on individual sites may vary based on specific site conditions and opportunities, the principals behind them should continue to govern the overall project. Page 14 of 23 Final Copy rj M Town of Dryden — Commercial Development Design Guidelines VILLAGE /HAMLET GUIDELINES SITE LAYOUT ❑ All parking should be located behind buildings, and never between the front of a building and the public street on which it fronts. ❑ Buildings should provide a primary street facing front entrance, in addition to any secondary entrances that provide access from parking areas located in the rear. ❑ Structures should maintain consistent setbacks with respect to one another, particularly with respect to front yard setbacks. Proposed deviations from established setback patterns need to be justified by a compelling design goal that strengthens the Village /Hamlet character. CONTENTS I. Introduction A prominent entranceway that "speaks" to the public street on which it fronts, while parking is located in the rear. I.,,..._.__. II. Development and conservation opportunities III. General principles for residential development IV. Residential site analysis process V. Residential design types and examples Zoning Law Appendix B Page 2 Page 5 Page 7 Page 13 Page 22 Scenic views, open meadows and working farm land are part of the rural character of Dryden. It is the intent of the Residential Development Design Guidelines to supplement, not supersede town land use regulations. New residential development in the town must continue to adhere to all applicable zoning, subdivision, and development regulations and procedures required by the town and other review agencies. Final Copy Page 1 of 36 Town of Dryden — Commercial Development Design Guidelines ❑ Whenever possible, shared parking should be provided between adjoining properties. This serves to limit the amount of parking required and to reduce the need for multiple curbcuts. O Where possible, on- street parking should be utilized to fulfill parking requirements and needs. SIDEWALKS AND STREETSCAPES ❑ Where feasible, sidewalks should be provided. Landscaped buffer strips should be provided between sidewalks and streets. O Crosswalks, curb bulb -outs, appropriate_ signage, lighting, pedestrian crossing signals, and traffic lights should be provided to enhance the pedestrian realm. ❑ Changes in pavement materials, texture, color and pattern should be utilized, especially at crosswalks. ❑ Utilize street trees and planted medians. O Provide benches and other opportunities to sit and relax in public spaces. O New residential areas adjacent to VillageJHamlet centers should utilize a pedestrian friendly, compact and interconnected street pattern that is tied to the Village/Hamlet center. Page 16 of 23 %,%Juu1iuiuuca aA�iwa UM 11auv11 have ivuiiu that more guidance is needed in the planning and design of new development. Improperly planned and designed developments can lead to decreased public safety for highway users, increase traffic and congestion, and can contribute to loss of community character and the decline or flattening of property values. While typical zoning and subdivision regulations define elements like minimum lot size and set backs, these regulations fall short in guiding the more subtle aspects of land planning for residential development, including site analysis and design that fits the landscape; or in addressing limitations to strip residential development and coordination of road access, future lot development, and design with community character in mind. Final Copy Elements of a pedestrian oriented streetscape include curb bump - outs, crosswalks, planted medians and sidewalks. These homes utilize a shared driveway which reduces curb cuts and allows the homes to be tucked into the site behind existing vegetation. These design guidelines have been prepared in response to the kind of residential development the Dryden town planning board has encountered over the past several decades— prindpally smaller scale subdivisions. The guidelines utilize a site in town to illustrate recommended site analysis and design principals. Also included are examples of development patterns to avoid where possible. The guidelines offer a means to address town -wide concerns, while providing individual applicants with a set of principals and examples to help plan and design for a wide -range of residential development opportunities. Ideally, as the town continues to grow, this can be accomplished while minimizing the adverse impacts of growth on the environment while encouraging new homes and neighborhoods that contribute positively to Dryden's character. Page 2 of 36 Final Copy Town of Dryden — Commercial Development Design Guidelines BUILDING DESIGN AND APPEARANCE. ❑ New construction should be or appear to be a maximum of two stories in height. Additional commercial and residential uses are encouraged on second stories. ❑ Ground floor commercial (office /retail) is encouraged along principal roads. ❑ Shared mail boxes and newspaper delivery points should be encouraged. ❑ Building facades should have ample windows that can be seen into, with darkly tinted windows discouraged. ❑ Front porches may be used to create a strong rhythm and to provide shelter for pedestrians, as well as outdoor seating for restaurant uses. ❑ Building character and scale should compliment and strengthen the Village /Hamlet character. ❑ Existing, character - establishing structures should be incorporated into development plans, and /or adaptively reused, where feasible. Consistent setbacks, complimentary architecture, and unifying elements such as the white picket fence, strengthen the Village /Hamlet character in this view of Varna. Final Copy Page 17 of 23 Town of Dryden - Co mercial Development ent Design Guidelines B. MIXED- USE /MEDIUM DENSITY CHARACTER AREA The Mixed - Use /Medium Density character area applies to the area centered on the node formed by the western intersection of Route 13/366, east along Route 13 to the eastern intersection with 366, and then along 366 to just south of the hamlet of Etna. This area is shown in Figure 1. The goal for projects and improvements within this character area is to create a sense of place, while anticipating and planning for more intense commercial and /or mixed -use development that may possibly occur given the location of this area and the presence or proximity to infrastructure and utilities. An emphasis should be placed on providing coordinated growth that relies on shared curbcuts and internal circulation systems, to preserve the character of road frontage, and maintain safety and efficiency of the town's commercial corridors. Where appropriate, sidewalks and trail connections should be provided. Finding opportunities to link this area of more intense development with public transit is also a goal. MIXED- USE /MEDIUM DENSITY "CORE BUILDING BLOCKS" The sketch below conveys some of the key attributes - or "building- blocks" - that constitute a Mixed - Use /Medium Density environment: CONTAINED MIXED USE BUFFER FROM DEVELOPMENT MAIN ROAD WITH INTERNAL ROADWAYS Ff _. PEDESTRIAN AMENITIES ALONG MAIN ROAD TO CONNECT.TO EXISTING TRAIL SYSTEM WHERE POSSIBLE fJ These building blocks should be incorporated into development projects and improvements in the Mixed- Use /Medium Density. While the application of these building - blocks on individual sites may vary based on specific site conditions and opportunities, the principals behind them should continue to govern the overall project. Page 18 of 23 Final Copy Town of Dryden — Commercial Development Design Guidelines OMIXED- USE /MEDIUM DENSITY GUIDELINES PARKING AND SITE LAYOUT ❑ Parking should be minimized along the Route 13 and Route 366 frontages. ❑ Shared parking facilities and curbcuts should be provided. ❑ Access to properties should be provided via side roads wherever possible. Where no such road or access currently exists, a new road should be provided that serves the current project and can be extended to accommodate future development. Distances between curbcuts on Route 13/366 should be maximized to the greatest extent possible. O Building entrances should face Route 13 and /or 366 and provide a direct connection to any sidewalk systems. A second entrance may be placed to the rear to serve visitors entering from the primary parking area. Build to piortoct and erddixa " naiuralfe:tures Provlda landscaped mcd&w in parking areas C444ArrT!Ac / Y ���• i C) rib Jb Locate paritng behind r Dulldln4s 1 t_ r y�q'11 SjSj i r Dreg! up large buildings to creme � d Minimize curb cuts pedestrian scale ptdestria vide good pith by aesrirq stated spaces and provide connectlaru to and duoogh purkkt g areas access poles visual varf?tr. SIDEWALKS AND STREETSCAPES Where feasible and appropriate, development projects should directly engage Route 13/366, particularly where sidewalks and other pedestrian amenities are placed directly along the corridor. With respect to larger projects and sites, additional opportunities will exist to provide a pedestrian friendly environment internal to the project site. The general Town Wide guidelines with respect to pedestrian amenities and circulation, as well as the Village /Hamlet guidelines for more extensive and internal circulation and site layout, should be consulted. Residential uses developed in conjunction with commercial uses should relate and respond to the core commercial areas in a fashion similar to what is described for the Village /Hamlet character area. Final Copy Page 19 of 23 Town of Dryden — Commercial Development Design Guidelines BUILDING DESIGN AND APPEARANCE, O Facades, roof lines and exterior walls should have three - dimensional variation to provide visual interest and variety. El Facades that face public streets or adjacent development should be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings for visual interest. ❑ Entrances should be obvious, attractive, in scale with the building facade and have weather cover. Individual tenants should have separate entrances. ❑ The composition of a multi -story building should present a clearly recognizable base, middle, and top. Multiple building planes, varied building materials, and ample windows create visual interest and de- emphasize building mass, while actively engaging the public realm. ❑ Canopies covering gasoline pump islands, which are freestanding or attached to the building should not be backlit, except for any approved signage or logo. Canopies should also reflect the architectural style of the primary building (i.e. materials, colors, and architectural details ). Windows should be used to provide interest and visual relief. Large, unbroken expanses of window -less building facade should be avoided. Page 20 of 23 Final Copy Town of Dryden — Commercial Development Design Guidelines C. RURAL HIGHWAY CORRIDOR CHARACTER AREA The Rural Highway Corridor character area corresponds to the less developed, rural portions of the Route 13/366 corridor, as depicted in Figure 1. The rural character of the Route 13/366 corridor in many ways establishes the impression of the town, Respecting the rural qualities of the corridor, while maintaining economic opportunities for property owners is the objective for this character area, preserving the safety and efficiency for vehicles traveling along Route 13/366 is also key. Because commercial development in the Rural Highway Corridor is less intense, character defining elements such as regularly placed roadside trees, low hedges, modest lighting and low, monument style signage, set the tone. i, L SHARED ENTRY r TREES PLANTED • ALONG FRONTAGE f IV, I ;A t � I Lti � JL � r- i V � c Low WEDGE FOR VISUAL BUFFER NATURAL BUILDING MATERIALS AND COLORS Iva Rural Highway Corridor "Core Building Blocks" The above sketch conveys some of the key attributes — or "building- blocks" — that constitute a Rural Highway Corridor environment. These building blocks should be incorporated into development projects and improvements in the Mixed -Use /Medium Density. While the application of these building - blocks on individual sites may vary based on specific site conditions and opportunities, the principals behind them should continue to govern the overall project. Final Copy Page 21 of 23 Town of Dryden — Commercial Development Design Guidelines PARKING AND ACCESS MANAGEMENT ❑ Limited front yard parking (up to approximately 15 spaces) in the front yard of a lot is acceptable. However, the bulk of larger parking lots should be located to the side and rear yards. O Low hedges and /or walls should be utilized to buffer parking lots. ❑ Only one driveway or access should be permitted per existing site. Two access points may be permitted on a single parcel if cross access provisions are in place with adjacent property owners. Where businesses are clustered, interconnected parking lots and shared curbcuts should be employed. ❑ Roadside pedestrian amenities, such as sidewalks, are generally not appropriate in the Rural Highway Corridor, although some pedestrian amenities may be appropriate where nodes of businesses concentrate. In such cases pedestrian linkages between buildings are appropriate. LANDSCAPING llie defining, organizing framework for the Rural Highway Corridor is landscaping. Consistent tree placement along the road frontage, broad setbacks, and low hedges to buffer parking establish a country highway character. In addition to new landscaping, a special effort should be made in the Rural Highway Corridor to respect and incorporate existing natural and agricultural landscapes into the development of site plans. Flexibility on site layout should be provided in order to keep resources such as farm fields intact and available for cultivation. SITE DETAILS Willow Glen cemetery on Route 13. Repeating roadside trees, consistent setbacks and an ample development buffer, Immany ways captures the desired look and feel for the Rural Highway Corridor. ❑ Architectural styles that are evocative or respectful of the rural landscape are encouraged, as is the adaptive re -use of existing historic structures. ❑ Metal shed buildings are discouraged, particularly those large in scale. ❑ Lighting should be kept to the minimum levels needed for safety and security. Lighting fixtures should not exceed the height of the structures they illuminate. O Low monument style signage is encouraged. Internally illuminated signage is discouraged. Page 22 of 23 Final Copy strengthen rural character, � ,_hq7._ A e��'�� i1�'J- •�'�dy,�t��'�1 lit I 'p' < a. \�..ti, t +k tl to the right a I'm kk 11.1 4k VI i the if' .I� ,p�. �� ,i{ �'A�f}` Y jj•� 1 �, f �.�.�: , 1 yam: example ew commercial structure with +vtr�a�Y.K1"�1t j;� v "�'IS'1 �If �ti�..a�•47Y.X"ry �`z Lt•('1`'�a `��hy`'(':•�. t'`: 4.1 fie , °41 rnants, including national J��f.'I 5'. ains, blends into the rural F"11; tP1 -ndscape through building .114 <Q 1 01 in esign, setbacks and the . .. 7•i�`��r,'-*'1"�- .'mac 2,'��; _ _ 1•°: { - � ~A�.. � . jch as a stone wall and iature trees. Zoning Law Appendix D Invasive Plants of Tompkins County, New York Cop tm n Name Species Name Lailwy ailanthus, tree -of- heaven Ailanthus altissima Simaoubaceae alder buckthorn Rhanmus jrargula Rhamnaceae Amur River privet Ligustrum obtusijolium ' Ole cccae Asian bittersweet Celastrw orbiculata Celastraceae autumn olive Elaeagnus umbellata Elaeagnaeeae black locust Robinia pseudo - acacia Fabaceae black swallowwort Vincetoxicum nfgrum (Cynanchum nigrum) Aselepiadaceae buckthom Rhammus cathartfca Rhamnaceae burning -bush, winged euonymus Euonymus alara Celastraceae, common privet Ligustrum vulgare Oleaceae cnowrtvetch Coronilla varia Fabaoeae European barberry Berbis vulgaris Berberidaceae garlic mustard Allfaria petiolala * Brassicaceae giant hogweed Heracleum mantegaazionum Apiaceae giant reed Phragmites australis Poaceae goutweed, bishops' weed Aegopodium podagraria Apiaceac honeysuckle Lonicern morrowfi • Caprifoliaceac honeysuckle Lonl cera xylosteum Caprifoliaeeae Japanese barberry Berberis thembergii • Berberxlaceac Japanese honeysuckle Lonicera japonica Caprifoliaceae Japanese knotweed Polygonunt cuspidatum (Fallopia japonica) Polygonaeese leafy spurge Euphorbla esula Euphorbiaceae Maack's honeysuckle Lonicerasmoackii Caprifoliaceac multiflora rose Rosa multiJlora* Rosaceae Norway maple Acerplatanoides* Acetaecae Norway spruce Picea abies Pinacese periwinkle Vinca minor Apocynaeeae purple loosestrife Lythrum salicarta Lytluaceae rocket Hesperfs matronalis Brassicaceae Sakhalin knotweed Polygonum sachalitrensis (Fallopia sachalinensis) Polygonaceae Siberian crabapple Malus baccata and 10IIds Rosaceae Tartarian honeysuckle Lonkera tctw ica* Caprifoliaceac 0 The most invasive species in this area. List produced by F. Robert Wesley, April 1993 • i i 67 7.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose' The full EAF is designed Lo help applicants and agencies dewrriine, in an orderly manner, *h ether a project or fiction may be significant, The question of whether an action may be significant is not always easy tD answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understoad that Chase wbo determine significance may have IiWe or no formal knowledge of the environment or may not be technically export in environmental tinalysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the qucstian of significance. The Full EAF is intcndcd to provide a method whereby applicants and agencies can be assured that the detefmination proccsts has been orderly, comprehensive in nature, yct flexible enough to allow introduction of information to fit a project or action - Full CAF Components: The full EAF is comprised of three parks' Part 1: Provides objective data and information about a given project and its site. By identifying basic project drita, it assists a reviewer in the analysis that takes place in Pants 2 and 3. Part 2: Focusew on identifying the range of possible impacts that may occur from a project or action, It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies vrhether an impact can be mitigated or reduced, Part 3: IF any impact in Part 2 is identified as potentially- large, then Part 3 is used to evaluate whether or not the Impact is actually importanL. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: F±1 Part 1 ❑ Part 2 ❑ Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magniti-ide and importance of Each impact, it is reasonably determined by the lead agcnuy that: ❑o A, The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared- F18. Althaugh the project could have a significant effect on the environment, there will not be a !Significarrt effect for this unlisted Action because the mitigation measures described 'In PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* FC. The project may result in onu or more large and important impacts that may have a significant impact on the environmentr therefore a positive declaration will be prepared, *A Conditioned Negative Declaration is only valid For Unlisted Actions fp�rurg Local I.aW, fawn of Dryden Nzam(; of Ac run Town of Dryden Name of Lead Agcnry Mary Ano 5unincr TOW11 Isupeirvisor Print or Type Marne of Responsible Qtficer in Lead Agency TitEe or Responsible Officer signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Sepleinber 28, ?011 website pat Rage 1 of 21 PART 1 -- PROJECT INFORMATION Prepared by Project sponsor NOTICE; This document is designed to assist in determining whether the action proposed may have a significant effect 0 the en vironrnent_ Please complete the entire form, Parts A through 1=_ Answers to these questions will be considered as part of the application For approval and may be subject to further verification and public review_ Provide any edditianal information you helieye will be needed to cornplele Parts 2 and 3, It is expected that completion of the full EAF wi11 be dependent o inforrnalion currently available and will not involve new studies, research or investigation, If information requiring such additional work is unavallable, so indicate and specify each instance. Name of Action /, gnino F�octil l.a+�','t`own of Dryden Location Of Action (include Street Address, Municipality and County) 93 Fast Mtiin SImhi, Dryden, NY 13 05 3 Name of AppliCantlSpansor Town of Dryden Address 93 lwast Main Street CitylPO Dryden Stale NY Business Telephone G0? 844 8888 Name of Owner (if different) , (ot Applicable Address Zip Code 13053 city ! PO State Zip Cade Business Telephone Descdptioa of Action; Advption of ti Zoning Local Lava Ln the Town of Dryden, Tompkins C:otinfy, New York State. See attached_ Page 2 of 21 Please Complete Each Question= -- Indicate N.A. if not applicable 10 A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1 Present Land Use, ❑ Urban ❑ Industrial ❑ Commercial ❑ Forest ❑ Agriculture ❑ Other 2. Total acreage of project area: acres. r<3 APPROXIMATE ACREAGE Meadow or Brushland (Non - agricultural) Forested Agricultural (includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) What is predominant soil type(s) on proicct site? a. Soil drainage: ❑Well drained % of site ❑Poorly drained % of site NOT APPLICABLE ❑ Residential (suburban) ❑ Rural (non -farm) PRESENTLY AFTER COMPLETION acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres Moderately well drained % of site. b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes ❑ No a. What is depth to bedrock (in feet) $. Approximate percentage of proposed project site with slopes; ❑0 -10% % ❑10- 15% % ❑ 15% or greater 6. Is project substantiallv contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes ❑ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes ❑No 8, What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Page 3 of 21 ❑ No ❑ Yes MME 11 . Does project sitC contain any species of plant or anirnal life that is identified as th r ? Yes ❑ NG NOT APPLICABLE Accordina to, each 12. Are there any unique or unusual land forms on the project ❑Yes ❑ No Oescribe; (i.e., cliffs, dunes, other gcologicei formations? 13. Is the project site presenuly usod by the community or neighborhood as an open space or mcfeUion area? 0 Yes FINE) If vcs, exclaim 14, Does the present site include scenic views known to be impartant to the community? 17Ye5 15, Streams within or contifluous to oroieCt area: a. Name of Stream and mm a of Inver to which it is tributary 16- Lakes, ponds, wed and areas within or contiWOU3 to Pro ieCt area; b. Size (in acres); Page 4 of 21 17. is thrr Site served by existing public utilities? ❑ Yes a, If YES, does s4lffiicient capacity exist to allow connection? b_ If YES, will improvements be necessary to allow connection? No 11 Yes No 1:1Yrs P OT APPLICABLE 17 No 18. Is the site lot:ated in Egrit LAural district certified pursuant to ,Agriculture and Markets Law, Article 25-AA, Section 303 and 3047 Yes ❑ No 9. Is the situ lgcatcrl in or substantiall contiguous to a Critical Cmvironmental Area designated pursuant to Article 8 of the ECL, and 5 NYCRR 617? ❑Yes II No 20. Has the site ever been rlsed for the disposal of solid or hazardous w@stes? B. Project Description 17 Ycs Physical dimensions and scale of project (fill in dimension; as appropriate), a. Total cantigrlaus acreage owned or controlled by project sponsor; acres. b. Project acreage to be developed -- acres initially, acres Ultimately, C d e f, 9 h Project acreage to rem�qin undeveloped; .acres, Length of project, in miles I (if appropriate) If the project is an expansionr indicate percent of expansion proposed, % Number aF afF- street parking spaces rxi5dng Maximum veh4cular trips generated per hour, IF residential; Number and type of housing units= Initially Ultimately One Family i. Dimensioms (in Feet) of largest proposed structure: prnpo5cd (upon completion of project)? Two Family height; j. Linear feet of framtage along a public thoroughfare project will occupy is? Multiple Family width; ft. Condominium 2. Hmv much natural material {i.e. rock, earth, etc_} will be removed from the site? ,tonslcub4G yards, 3, Will disturbed areas be reclaimed DYes �Np ❑ WA a. If yes, For what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled For reclamation? myes M No c_ Will upper subsoil be stockpiled For reclamation? ❑ Yes 1:1 No 4_ How many acres of vr~getation Kft!eS, shrubs, ground covers) will be removed from site? Page 5 of 21 acres. length. O 5. Will any mature forest (over 100 years old) or athrr I oc al ly-i m portant vegetation be removed by this project? ❑ Yes ❑ No NOT APPLICABLE 6. Ir 5inglr phase project; Anticiptigtrd period Of opns[rurtion I months, (in rlu ding demolition) 7_ if multi•phasedl a. Total number of phases anticipated (number) b, Anticipated date of commencement phase 1; month year, (including demolition) G_ Approximate campirtion date of Final phase' __ _ month year, d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No 8_ Will bla5tinq crccur during construction? ❑ Yes ❑ No 9. Number of jabs generated during ronskrurtion ; after project is complete 10, Number of jobs eliminated by this projcck ._ 1 7 . Will project require relocation of any projects or Facilities? ❑ Yes ❑ No If yos, expIriinl 12, Is surface liquid water disposal involved? ❑ Yes ❑fro a, If yes, indicate typrr of waste (sewage, industrial, etc) and amount h_ Name of water body into which effluent will be discharged 13, Is subsurface liquid waste disposal involved? ❑ Yes ❑ No Type 14. WilI surface area of are existing water body increase or decrease by proposal? ❑Yes ❑No If yes, explain: 15. Is project or wy portion of project located in a 10c year flood plain? ❑ Yes 16. Will the project generate solid waste? 0 Yes ❑ fdo a. IF yes,, what Is the amount per month? kons b. If yes, will an existing solid waste facility be used? ❑ Yes ❑ No c, if yes, give name _ ; location ❑No d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? 1:1 Yes Page 6 of 21 ❑ No e. If yes, explain, 17, Will the project involve the disposal of solid waste? ❑Yes []No a. If yes, what is the anticip3Ccd rate of disposal? toms month, b. If yes, what is the anticipated site FIFO _.. years, 18, Will project use herbicides or pesticides? ❑Yes ❑No 19, Will project routinely produce odors amore than one hour per day)? ❑ Yes ❑ No 20. will praJ'ect produce operating noise exceediF]g the local ambient noise levels? ❑ Yes ❑ No 21, Will project result in an increase in energy use? ❑ Yes ❑ No If yes, indicate types) 22_ It' water sLipply iS from Wells, indicate pumpfng capacity, gallonslminute. 23, Total anticipated water usage per day ga lion s/day, 24, Does project involve Local, State or Federal funding? ❑ Yes ❑ h!o If yes, explain! Page 7 of 21 NOT APPLICABLE 25, Approvals Required: City, Town, Village Board ❑ Yes City, Town, Village Planning Board ❑ Yes ❑ No ❑ Na NOT APPLICABLE Type Submittal Date City, Town Zoning Board ❑YGS ❑ No City, County Heakh acp @rtment ❑ Yes ❑ No Other Local Agencies ❑ Yes ❑ No Other Regional Agencies ❑ Yes ® No State Agencies ❑ Yes ❑ No Federal Agencies ❑ yes ❑ NO C. Zoning and Planning Information 7, Ooo5 proposed action involve a plarining or zoning decision? ❑Ye' ❑ fro If Yes, indicate decision requimd1 ❑ Zoning ainendmunt ❑ Zoning variance ❑ New /revision of master plan ❑ Site plan ❑ Spacial use permit ❑ Resource mamagement plan Page B pf 21 ❑ Subdivision ❑ Mcr Z. what is the zoning classifi cation (s) of the site? 3, What is the maximum 4, What is the proposed zoning of the site? NOT APPLICABLE of the site if developed as pwritted ay the present zoni 5. What is the maximum potential development of the site I F developed as permitted by the proposed zoning? 6, Is the proposed action consistent with the recommended uses in adopted local land use plans? El Yes ❑ No 7 a 9, What arc Cho predominant land u�c(s) and zoning classificadans vviEhin a VA mile radius of proposed action? Is the proposed action compatible with adjoin ingfsurrounding land uses with a 3/4 milo? IF the proposed action i5 tho subdiVisiorr of land, ilovv many lots are proposed? a. What is the mini inurn lot size proposed? Page 9 of 21 MYC5 nNo 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑ Yes ❑ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ❑ Yes ❑ No a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes ❑ No INOTAPPLICABLE 12. Will the proposed action result in the generation of traffic significantly above present. levels? ❑ Yes ❑ No a. If yes, is the existing road network adequate to handle the additional traffic. 1:1 Yes ❑ No D. Informational Details SEE ATTACHED Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2 = PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency neral Information (Reed Carefully) C In completing the form the reviewer should be guided by the question' Have my responses and delerminations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing lypes of impacts and wherever passible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations, OLlt, for any specific project or site other examples andior lower thresholds may be appropriate for a Potential barge Impact response, thus requiring evaluation in Part 3. ± The impacts of each project, on each site, in each locality, will vary, Therefore, the examples are illustrative and have been offered as guldance. They do not constitute an exhaustive list of impacts and thresholds to answer each question, 1 The number of examples per question does not indicate the impprtarnce of each question. f In identifying impacts, consider long term, short term and cumulative effects, Instructions (Read carefully) a, Answer each of tha 20 questions in PART 2_ Answer Yes if there will be any impact, b. Maybe answers should be considered as Yes answers, c If answering Yes to a question then check the appropriate box (colurnn 1 or 2)to indicate the potential size of the impact, If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d, Identifying that an Impact will be polealially large (column 2) does not mean that it is also necessarily significant. Any large impact musk be evaluated in PART 3 to determine significance, Identifying ark impact in column 2 simply asks that it be looked at further, a. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PAINT 3. f. If a potentially large impact checked in column 2 can be mitiga led by chonge(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response iridicates that such a reduction is not possible, This muss be explained in Part 1 1 2 3 Small tv Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. WiII the Proposed Action result in a physical change to the project site? NO ❑ YES ❑ Examples that would apply to column 2 ❑ ❑ Any construction on slopes ❑f 15% or greater, (15 foot ❑ Yes No rise per 100 foot of length), or where the general slopes in the project area $xceed 10 %- • Construction on Jand where the depth to the water table ❑ Yes ❑ No is less than 3 feet_ Construclion of paved parking area for 1,400 ❑r more ❑ ❑ ❑ Yes [7] No vehicles. Construction on land where bedrock is exposed or ❑ ❑ ❑ Yes [71No generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or ❑ ❑ Yea 0No involve more than one phase or slage, Excava lion for mining purposes that would remove ❑ yes EINa more than 1,000 tons of natural material (i,e., rock or soil) per year. Pagel 1 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. ❑ ❑ 1:1 Yes ❑No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other im pacts: ❑ ❑ ❑Yes ❑No 2. Will there bean effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) 11 NO ❑YES • Specific land forms: ❑ ❑ Impact on Water 3, Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) 1:1 NO ❑YES ❑Yes ❑No Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑ No • Dredging more than 100 cubic yards of material from channel of ❑ ❑ ❑ Yes ❑ No a protected stream. • Extension of utility distribution facilities through a protected water ❑ ❑ ❑ Yes ❑ No body. • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑ Yes ❑ No • Other impacts: ❑ ❑ ❑ Yes ❑ No 4. Will Proposed Action affect any non - protected existing or new body of water? ❑ NO ❑ YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of ® ❑ Yes ❑ No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface ❑ 0 ❑ Yes ❑ No area. • Other impacts: ❑ ❑ El Yes ❑ No Page 12 of 21 1 2 3 O Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? 1:1 NO F1 YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑ Yes ❑ No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑ Yes ❑ No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater ❑ ❑ ❑ Yes ❑ No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ® ❑ ❑ Yes ❑ No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No • Liquid effluent will be conveyed off the site to facilities which ❑ ❑ ❑ Yes ❑ No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons ❑ ❑ ❑ Yes ❑ No per day. • Proposed Action will likely cause siltation or other discharge into ❑ ❑ ❑ Yes ❑ No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or ❑ ❑ ❑ Yes ❑ No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without ❑ ❑ ❑ Yes ❑ No water and /or sewer services. • Proposed Action locates commercial and/or industrial uses ❑ ❑ ❑ Yes ❑ No which may require new or expansion of existing waste treatment and /or storage facilities. • Other impacts: ❑ ❑ Dyes ❑ No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? 1:1 NO ❑YES Examples that would apply to column 2 • Proposed Action would change flood water flows ❑ ❑ ❑Yes No • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑ No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated ❑ ❑ ❑ Yes ❑No floodway. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AIR 7. Will Proposed Action affect air quality? ❑ NO ❑ YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any ❑ ❑ ❑Yes ❑ No given hour. • Proposed Action will result in the incineration of more than 1 ton ❑ ❑ El Yes ❑No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour ❑ ❑ ❑Yes ❑ No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land ❑ ❑ ❑Yes ❑No committed to industrial use. • Proposed Action will allow an increase in the density of ❑ ❑ ❑Yes ❑ No industrial development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ❑ NO ❑ YES Examples that would apply to column 2 El El • Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. Page 14 of 21 ❑Yes ❑ No 1 2 3 Small to Potential Can Impact Be 0 Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑ Yes ❑No • Application of pesticide or herbicide more than twice a year, ❑ ❑ ❑ Yes ❑No other than for agricultural purposes. • Other impacts: ❑ ❑ ❑ Yes ❑ No 9. Will Proposed Action substantially affect non - threatened or non - endangered species? ❑ NO ❑ YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ❑ ❑ ❑ Yes ❑ No or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of ❑ ❑ ❑ Yes ❑ No mature forest (over 100 years of age) or other locally important vegetation. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AGRICULTURAL LAND RESOURCES 10, Will Proposed Action affect agricultural land resources? ❑ NO ❑ YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to ❑ ❑ ❑ Yes ❑ No agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc,) • Construction activity would excavate or compact the soil profile of ❑ ❑ ©Yes ❑ No agricultural land. • The Proposed Action would irreversibly convert more than 10 ❑ ❑ ❑ Yes ❑ No acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 I 2 3 Small to Potential Can Impact Be 0 Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action YiouId disrupt or prevent iristaIlatiDn of ® ❑ ❑ Yes ❑ Ho agricultural land management systems (e, g,, subsurface drain lines, outlet ditches, stFip cropping); or create a need for such measures (e,g_ cause a farm field to drain poorly due to increased runoto- Other impacts: ❑ ❑ ❑Yes 17 No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If neoessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) ❑NO ❑YES Examples that would apply to column 2 Proposed land uses, or project components abviously different ❑ © ❑ Yes ❑ No from or in sharp contrast to current surrounding land use patterns, whether man -made or natural. Proposed land uses, or project components visible to users of © ❑ ❑ Yes ❑ N❑ aesthetic resources which wrill eliminate or significantly reduce their enjoymeal of the aesthetic qualities of that resource. Project components #h at will result in the elimination or ❑ i ❑ Yes ❑ NO signiricant screening of scenic views known to be important to the area, Other impacts: ❑ ❑ ❑`des No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12, Will Proposed Action impact any site or structure of historic, prehistoric or paleontologioal imporlaace? ❑NO ❑YES Examples that would apply to column 2 Proposed Action occurring wholly of partially within or ❑ ❑ ❑ yes ❑ No substanti ail y contiguous to any facility or site listed on the Stake or National As9ister of historic places, • Any irnpact to an arch aeo log icaI site or fossil bed located within ❑ ❑ ❑ Yes ❑ No the project site, Proposed Action wilt occur in an area designated as sensitive ❑ ❑ ❑ yes ❑ NO for archseDiagiC21 sites on the NYS Sete Inventory. Page 16 of 21 1 2 3 O Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON OPEN SPACE AND RECREATION 13, Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ❑ NO ❑ YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity, ❑ ❑ ❑ Yes ❑ No • A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No • Other impacts: ❑ ❑ ❑ Yes []No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? El NO ❑YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ ❑ Yes ❑ No • Proposed Action will result in a reduction in the quantity of the ❑ ❑ ❑ Yes ❑ No resource? • Proposed Action will result in a reduction in the quality of the ❑ ❑ ❑ Yes ❑No resource? • Proposed Action will impact the use, function or enjoyment of the ❑ ❑ ❑ Yes ❑ No resource? Other impacts: ❑ ❑ ❑Yes ❑ No Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15, Will there be an effect to existing transportation systems? ❑ NO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people aod1or ❑ ❑ ❑ Yes [:)ND goods, Proposed Action will result in major traffic problems, ❑ ❑ ❑Yes ❑ No • Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY Will Proposed Action affect the community's sources of Fuel or energy supply? ❑NO nYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the ❑ ❑ ❑ Yes ❑ NO use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an ® ❑ ❑ Yes ❑ NO energy transmission or supply system to serve more than 50 single or two family residences or to serve a major cornmercial or industrial use. • Other impacts: ® ❑ ❑Yes ❑ No NOISE AND ODOR IMPACT 17. UVi1I there be objectionable odors, noiser or vibration as a result of the Proposed Action? DNO ❑YES Examples that kwculd apply to column 2 Blasting within 1,500 feet of a hospital, Bch ❑o] or other sensitive ® ❑ ❑ Yes ❑ No facility. Odors will occur routinely (more than one hour per day). ❑ ❑ ❑ Yes [:]No Proposed Action will pro ducre operating noise exceeding the ❑ ❑ Yes []NO local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑ No noise screen. Other impacts_ ❑ ❑ ❑Yes ❑fdv Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate urge Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18_ Will Proposed Action affect public health and safety? ONO []YES Proposed Action may cause a risk of explosion or release of ❑ ❑ ❑Yes ❑No hazardous substances (Le. ail, pesticides, chemicals, radiation, eta) in the event of accident or upset conditions, a there may be a chronic lows level discharge or emission, Proposed Action may result in the burial of "hazardous wastes" ❑ ❑ Dyes ❑ No in any form (i,e, loxic, poisonous, highly reactive, radioactive, irritating, infectious, etcJ • Storage facilities for one million of more gallons of liquefied © ❑ ❑Yes ❑No natural gas or other ftamrnable liquids. • Proposed Action may result in the excavatian or other ❑ ❑ ❑Yes ❑No disturbance within 21000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts; ❑ ❑ []Yes ❑ No IMPACT ON GROWTH AND CHARACTER Or COMNZUN11 fY OR NEIGHBORHOOD 8, Will Proposed Action affect the character of the existing community? ❑ NO ❑ YES Examples that would apply to caiumn 2 The permanent population of the city, town or village in which the ® ❑ ❑Yes ❑ NO project is lacated is likely to grow by more than 5%. The municipal budget for capital expenditures u operating ❑ ❑ Dyes ❑ No servioas will increase by more Ihan 6% per year as a result of this project, Proposed Action will conflict with officially adopted plans u ❑ ❑ ❑Yes [:]No goals, • Proposed Action will cause a change in the density of land use. ❑ ❑ ❑Yes ❑No • Prop osed Action will replace oreliminafe existing facilities, ❑ ❑ ❑Yes ❑NO structures or areas of historic imp ortanoe to the Gomrnunity. oevetopmenr will create a demand for additional commu nil y ❑ ❑ ❑Yes ❑N4 services (e, g, schools, Police and Fre, etc.) Page 19 of 21 1 2 3 SmaII to Potential Can Impact Be 0 Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set air important precedent for future ❑ ❑ Yes No projects. • Proposed Action will create D eliminate emplayment. El {D yes C] Na • Other impacts: El El El Yes ❑ No 20, Is there, or is there likely to be, public controversy related to potential adverse environment impacts? ❑ WO ❑ YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 9 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2_ 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ! Its potential divergence from local needs and goals I Whether known objections to the project relate to this impact. Page 21 of 21 Town of Dryden Zoning Local Law Acla tion SEQRA Review Long Environmental Assessment Form Part 1 D. Informational Details D.1�SEQRA and honing i.a�v Amendments The amendment of a zoning law affecting the allowable uses of greater than 25 acres of property are Type 1 Actions as defined by the State Environmental Quality Review Act NYCRR 617,4(b)[ }, This is due primarily to capture those changes in zoning of a magnitude that may trigger the need For an Environmental Impact Statement, the need for which is essentially the purpose of an Environmental Assessment Form, As a Type 1 Action, the Town of Dryden is required to Fill out a long Vnvironmental Assessment Form wheb n adopting such changes to zoning. However, the long Environmenl Assessment d=orm i ta s not rat a] l designed to evaluate the environmental impact of a proposed law, or arncridments to an existing law. That being the case, the form itself in this case has been filled out as Not Applicable (NA) choosing rather to discuss the environmental assessment in Part D. of the form, which allows For supplemental information to be included with the long EAR Although the amendments to the Town of Dryden Zoning Ordinance, and the transition from an ordinance to a local la%,%r represent significant changes in the form of the law, the substance is gnu ch the same as the existing law. The crux of environm ental impact for a law of this type depends upon only a Few perspectives, First, does it introduce new land uses that by their nature have a measurable negative impact on the environmental resources? Second, is the intent of the law and the environmental assessment to supersede Future environmental assessment and expedite or mitigate impacts of allowed uses? Third, does the law, by the nature of its wording and approval process somehow introduce land uses in inappropriate areas, or more specifically does it not adequately scpa rate incompatible land uses either in the town, or in a ricighboring municipality? And finally a fourth issue is whether or not the law Follows and is Consistent %ArLth an adopted Comprehensive Plan. D.2. lrntrnduction MLbwLLandUses The proposed zoning amend merits for the'rown of Dryden. do not introduce new uses, although it does refine the list of allowed uses. The changes are intended to be more specific in some cases, but also more eilcornpassing in others taking into accourntyears of confusion and appeals relative to administering the zoning ordinance. For example, it is entirely unclear how or whether a landscaping business is allowed, but for many years has been allowed because it is Issoclated with "gardening" and "nu rseries" which are vaguely listed as an allowed use in the RC and RD zoning districts. The new iraw simply defines more specific uses, as well as opening the door to ni ore variety by specifically inciud ing .'commercial" uses but with a specific definition. Overall, the allowed uses are not at all different from the current ordinance, with the exception that large retail is now allowed only through a provi .sion in the law dealing with Lame Scale Retail Development. Light ind4istry manufacturing and other more intensive uses are still allowed, largely in the same districts as the current law. D.3. Superseding Environmental Assessments in order for an environmental assessment to supersede future environmental assessments, this document would have to be what is known as a Generic Environmental Impact Statement which would consider the full build out potential of a district, or all districts, and evaluate the environmental impacts of that build out, and identity mitigation measures of the impacts resulting from the development. Then future projects that are permitted would be reviewed relative to the generic EIS, rather than evaluated individually. This adoption process does not intend to create in any way a generic environmental evaluation of development allowed by the law. Each project proposed in the town that is subject to a permit from the town, except those of an administrative nature such as building or zoning permits, will undergo the appropriate environmental review at the time a decision is made by the appropriate board (Town, Planning or Zoning Board of Appeals). Administrative decisions are classified as Type II and not subject to SEQRA review. D.4. Separation of Incompatible Uses The proposed Zoning Law does include provisions for mixed uses, but overall seeks to protect property values by requiring the necessary buffers such as vegetative screens, fences and other means as identified through site plan review, and included in the town's Design Guidelines for commercial and residential development. The town has drafted the law and the zoning map being very sensitive to neighboring land use laws, and compatibility with those laws. D.S. Comprehensive Plan Consistency New York State 'Town Law requires that zoning laws are consistent with an adopted comprehensive plan. Because of this, many comprehensive plans are followed Nwith appropriate land use law updates normally the zoning and subdivision laws. The process in Dryden is no different, and as is demonstrated below, the proposed zoning law is not only consistent with the 2005 Comprehensive Plan, but also the 1968 General Plan. D.5.1 The 1968 General Plan In 1968, the'rown of Dryden adopted a General Plan, a joint venture with the Villages of Freeville and Dryden that set forth the land use strategy for the past 43 years. In 2005, the Town of Dryden adopted a Comprehensive Plan that followed to a large degree the intent of the 1968 General Plan. Both of these plans stressed protection of farmland and open space resources, and a balanced approach to development that encouraged development in the Village of Dryden and other nodes, Varna, Etna and Freeville, as water and sewer is available. The most obvious major difference between the two plans is the proposed four -lane highway connecting Cortland and Ithaca, which was never built. Obviously this has had significant ramifications on the Town in terms of specific development opportunity areas. However, Route 13 and 366 remain the major travel routes through town, Oand plans still point to these as both an important transportation resources, as well as a development opportunity for the Town of Dryden. In the 1968 plan, it proposed commercial development at the controlled access interchanges of the proposed highway and in the Village of Dryden, and industrial development near the 13 -366 interchange. Today, the 2005 plan refers to "nodal" development" that is identifying points along the existing Route 1.3 corridors where development should be encouraged. Although the "nodes" are in slightly different places in some cases, the Route 366 and 13- interchange area, and the Village of Dryden are consistently identified as areas for development opportunity. The 1968 plan also proposed an extensive conservation district for most of the southern half, northeast corner, and fall and Virgil Creek corridors including Dryden Lake and Dryden Lake Outlet. Other vast areas to the northwest, southwest, and eastern border were vaguely planned for 2 to 4 persons per gross acre, or about one dwelling unit per acre. The 1.968 plan also identifies the intensely agricultural nature of the eastern side of town, and recommends they be "protected from extensive non -farm development whenever possible." The 2005 plan builds upon this by proposing a town led purchase of development rights program. D.5.2 The 2005 Comprehensive Plan The 2005 Comprehensive Plan continues the same themes as the 1968 General Plan, but refines the techniques for protection of some resources, and encourages a nodal approach to development but more specifically. Two major differences between the 1968 plan and the 2005 plan are essentially 37 years of development review in the way of first a Zoning Ordinance adopted after the 1968 General Plan, and later a Subdivision Ordinance as well as administration of the New York State Building Code. 'These years of reviewing development proposals and growth informed the 2005 Comprehensive Plan and allowed the Planning and Town Boards to refine approaches on development and protection of resources. Other studies that helped inform the 2005 plan were a student led study by Cornell on future land use and policies in the town, as well as the Open Space Inventory by the Conservation Board, and the Unique Natural Areas Study performed by the Tompkins County Environmental Management Council. These studies further defined the identification of resources in the town that are either protected, or deserving of protection. There are many other changes that occurred, or didn't occur between the 1968 General Plan and the 2005 Comprehensive Plan such as the advent of the Tompkins County Environmental Health Department that reviews septic and well systems, and requires specific lot dimensions for those lots not served by either municipal water Oor sewer. But possibly more importantly is the public's perception of development and the landscape and the desire to protect character in the town relative to the natural landscape and agriculture as evidenced to a certain degree by the community survey that preceded the 2005 plan. Because of this, the 2005 plan proposes very specific steps to protect open space through the development review process, as well as direct steps to protect productive agricultural lands through the purchase of conservation easements, as well as creating an Agriculture zoning district that considered agriculture the "highest and best use." The 2005 Comprehensive Plan recommends implementing extensive zoning and subdivision amendments to allow and encourage cluster or conservation subdivisions, limit density in the areas outside of the nodes, and encourage mixed use in the nodes, especially where municipal water and sewer is available. It also recommends implementing design guidelines as a first step in encouraging a change in development patterns. D.52.1 Design Guidelines The town followed the recommendation of the 2005 plan by adoption Residential and Commercial Design Guidelines, including amendment to the Zoning Ordinance to require adherence to the guidelines as well as a means of adjusting the requirements of the zoning code to allow the guidelines to be followed. These have helped to inspire new approaches by landowners to development or protection of their property with a non - regulatory approach. D.522 2011 Zoning Local Law The 2011. Zoning Local Law follows the same pattern of encouraging development in areas that are ideally suited to it physically, but that does not erode the rural character of the town. The law creates nine distinct zoning districts; RR- Rural Residential District The purpose of the Rural Residential (RR) District is to define an area of the town where residential uses situated in a rural landscape constitute the primary land use. Public water and sewer does not exist in this area. Single- and two - family homes are the predominant form of development. Agriculture is also expected to be a substantial land use well into the future. Nit - Neighborhood Residential District The purpose of the Neighborhood Residential (NR) District is to define areas of the town where established neighborhoods are situated in a rural landscape and constitute the primary land use. Single family homes are the predominant form of development, and future development is unlikely. Home Occupations are the primary commercial activity in this district. Agriculture is an allowed use in this district RA- Rural Agricultural District The purpose of the Rural Agricultural (RA) District is to define an area of the town primarily for agricultural use and associated natural areas protection. The Rural Agricultural District is an area that is intended to remain rural and where agriculture is recognized as the primary land use. Small -scale rural businesses, which are agriculturally related, or supporting may be appropriate in this district CV - Conservation District The purpose of the Conservation (CV) District is to protect areas of the town that contain a variety of ecological and open space assets that warrant protection from the impacts of development. Residential uses and agriculture will remain the primary land use activities. 11— Hamlet District The purpose of the Hamlet (H) District is to allow mixed -use development in keeping with the character of a small hamlet. The Hamlet District encourages new development and redevelopment that will increase the attractiveness of these areas by offering a diversity of options, including townhouses, single - and two- family dwellings, small apartment buildings, and mixed use (residential /commercial) buildings. New development should complement the architectural and urban design character of existing buildings and streets in the hamlet consistent with the Residential and Commercial Design Guidelines. Agriculture is an allowed use. Mr. — Mixed Use Commercial District The Mixed Use Commercial District allows a rnix of retail and service businesses, office buildings and research and development businesses such as computer software and equipment design businesses as well as residential development. The district allows for mixed use development, Agriculture is an allowed use in this district. LID - Light Industrial / Office District The purpose of the Light Inclustrial /Office (LIO) District is to define a location in the town for light industrial and warehousing enterprises, office buildings and administrative operations and service enterprises, or research and development enterprises such as computer software and equipment design businesses. Agriculture is an allowed use in this district. LiO -A - Light Industrial / Office / Adult Use District The purpose of the Light Inclustrial /Office /Adult Use (IJO -A) District is to define an appropriate location in the town for adult uses that is separated from and minimizes impacts to non - compatible uses such as residential areas, schools, churches and parks. In addition to adult uses, all other uses permitted within the Light Industrial /Office District are permitted within the Light Industrial /Office /Adult Use District. Agriculture is an allowed use in this district. TNDO - Traditional Neighborhood Development Overlay District The purpose of the Traditional Neighborhood Development Overlay District (TNDO) is to provide development alternatives for landowners located at the periphery of villages and in hamlets that do not currently have water or sewer. Public water and sewer, does not currently exist in these areas, and it will be necessary to develop or extend such infrastructure here in order to take advantage of the development alternatives provided under the provisions of this overlay district. Utilizing incentive zoning authority in Town Law, land in the overlay district can be developed more intensively in return for specified public benefits and the incorporation of Traditional Neighborhood Design (TND) principles in the design of sites and structures. Small scale businesses, primarily in mixed -use structures, can also be incorporated into these areas. LSRDD - Large Scale Retail Development District The purpose of the barge Scale Retail Development District (LSRDD) is to provide the opportunity to evaluate a location in the town where large -scale retail development may he appropriate, and to define specific requirement's for the review and possible approval of large - scale retail shops and shopping centers. This type of development requires a special use permit to develop a property for large -scale stores or shopping centers as defined and regulated herein. This district is not mapped, but may be proposed on any property, not in Tompkins County Agricultural District 1, in the town along a State or County road. These districts are new, and do not follow the current zoning law in form or on the map. They each serve a rather specific purpose, and the corresponding allowed uses are crafted specifically to create specific patterns in development consistent with the 2005 Comprehensive Plan. Also, there are no district "up zones" regarding density or overall development potential further indicating that there would be no increased impact from existing land use laws, nor an undue impact of the law's own accord. D.b. Environmental Impact Determination In consideration of the above information, it is apparent that adoption of the Town of Dryden Zoning Local Law will have no measurable environmental impact. In many ways, the law is intended to provide protection to the environment, and to encourage healthy built environments, and mitigate the inevitable environmental impacts of development on the land, and neighboring properties.