TOWN OF OTSEGO
LAND USE LAW
Adopted April 12, 2000
Amended July 11, 2001
Amended August 8, 2001
Amended May 12, 2004
Amended September 8, 2004
Amended September 14, 2005
Amended December 14, 2005
Amended April 12, 2006
ARTICLE I: ENACTMENT, TITLE AND PURPOSE
Section 1.01 Enactment
Section 1.02 Title
Section 1.03 Purpose in View
Section 1.04 Application of Regulations
Section 1.05 Non-conforming Uses
ARTICLE II: LAND USE DISTRICTS AND REGULATIONS
Section 2.01 Land Use Districts
Section 2.02 Residential-Agricultural 1 District
Section 2.03 Residential-Agricultural 2 District
Section 2.04 Hamlet Residential District
Section 2.05 Hamlet Business District
Section 2.06 General Business 1 District
Section 2.07 General Business 2 District
Section 2.08 Recreational/Educational District
Section 2.09 Planned Development Units
Section 2.10 Clustering
Section 2.11 Lot Size Averaging on a Single Parcel
Section 2.12 Subdivision With a Density Bonus
ARTICLE III: GENERAL LAND USE REGULATIONS
Section 3.01 Residential and Agricultural Areas
Section 3.02 Sewage Disposal and Water Supply
Section 3.03 Off-Street Parking
Section 3.04 Principle Building per Lot
Section 3.05 Mobile Homes
Section 3.06 Junk Yards
Section 3.07 Smoke
Section 3.08 Fire and Explosion Standards
Section 3.09 Lighting
Section 3.10 Noise
Section 3.11 Landscaped Areas Between Certain Uses
Section 3.12 Modifications to Lot Size and Setbacks
Section 3.13 Service Stations
Section 3.14 Demolition
ARTICLE IV: LAND USE REGULATIONS PERTAINING TO GEOLOGIC FEATURES
Section 4.01 Flood Plains
Section 4.02 Steep Slopes
Section 4.03 Wetlands
Section 4.04 Otsego and Canadarago Lake Shoreline Protection Area
Section 4.05 Commercial Mineral, Sand, and Gravel Excavation
ARTICLE V: SIGNS FOR COMMERCIAL OR INSTITUTIONAL USES
Section 5.01 Purpose
Section 5.02 Safety Regulations
Section 5.03 General Regulations
Section 5.04 Procedures
Section 5.05 Exempt Signs
Section 5.06 Non-Conforming Signs
ARTICLE VI: HOME OCCUPATIONS
Section 6.01 Home Occupations
Section 6.02 Criteria for Home Occupations
Section 6.03 Permitted Home Occupations
Section 6.04 Enforcement Procedures
ARTICLE VII: ADMINISTRATION AND ENFORCEMENT
Section 7.01 Administrative and Enforcement Officers
Section 7.02 Permits, Certificates, Licenses
Section 7.03 Special Permits
Section 7.04 Fees
Section 7.05 Violations
ARTICLE VIII: SITE PLAN REVIEW
Section 8.01 Site Plan Review
Section 8.02 Activities Requiring Site Plan Review
Section 8.03 Sketch Plan Conferences
Section 8.04 Site Plan Requirements
Section 8.05 Processing of the Site Plan Application
Section 8.06 Appeals
ARTICLE IX: BOARD OF APPEALS
Section 9.01 Board of Appeals
Section 9.02 Procedures and Referrals
Section 9.03 Variance Appeals
Section 9.04 Judicial Review
ARTICLE X: MISCELLANEOUS PROVISIONS
Section 10.01 Amendments
Section 10.02 Referral to Zoning Board of Appeals
Section 10.03 Interpretation and Conflict with Other Laws
Section 10.04 Separability
APPENDIX A: ARCHITECTURAL STANDARDS
APPENDIX B: TABLE OF OFF-STREET PARKING REQUIREMENTS
APPENDIX C: DEFINITIONS
ARTICLE I: ENACTMENT, TITLE, AND PURPOSE
Section 1.01 Enactment
The Town Board of the Town of Otsego, County of Otsego, on this 12th day of April, 2000, adopts this Local Law pursuant to Section 10 of Article 2 of the Municipal Home Rule Law thereby superseding Section 261 of the Town Law.
Section 1.02 Title
This Local Law shall be known as the Town of Otsego Land Use Law.
Section 1.03 Purposes in View
This Local Law, following guidelines established by the Town of Otsego Master Plan, regulates the use of land in the Town of Otsego in order to provide for orderly economic growth while protecting the health and safety of citizens and visitors, the quality of the environment, and the historical and natural character of the Town.
This Local Law is intended to protect residential property, to preserve agricultural and wilderness lands, to encourage commercial development in suitable areas, and to provide for recreational facilities and open spaces for public and private use, and to facilitate the adequate provision of transportation, water, sewage, schools and other public requirements.
These regulations are designed, in part, to encourage economic development and the creation of employment and business opportunities for the residents of the Town. By careful land use planning, economic growth can be achieved in a manner compatible with other objectives of the Master Plan.
This Local Law provides local control without which safe and orderly economic growth cannot be assured.
Section 1.04 Application of Regulations
No building or structure or part thereof shall be erected, moved, altered or demolished unless in conformity with this Law.
All lots, buildings and uses of land or buildings existing when this Local Law was adopted may continue. Non-conformities of lots, buildings, or uses of land or buildings may not be increased, expanded, or exchanged for other non-conformities. Modifications, alterations and necessary repairs to an existing structure may be subject to building permit requirements but will not require Planning Board review.
If there is any doubt as to whether or not this paragraph applies to a specific project, the Zoning Board of Appeals shall determine applicability.
Section 1.05 Non-conforming Uses
Reconstruction of non-conforming buildings, or recommencement of non-conforming uses is not permitted following a lapse of the use for more than two (2) years.
Any lot which is non-conforming due to size and/or road frontage, may be sold or developed provided the lot was of legal size and/or frontage at the time it was created. Parking, side yards, front yard setbacks, septic, height, etc. must be complied with or an area variance must be obtained from the Zoning Board of Appeals. Such a substandard lot may be developed for any permitted or special permitted use which the land use law allows for the district in which it is located.
Any non-conforming lot(s) which adjoin another lot and are held in common ownership shall be considered one lot for purposes of this law, in order to increase the conformity throughout the Town. (See definition of lot.)
Pre-existing uses shall not be altered in such a way as to create a non-conformity or to increase the degree of non-conformity.
ARTICLE II: LAND USE DISTRICTS AND REGULATIONS
Section 2.01 Land Use Districts
The following Land Use Districts are established in the Town and are indicated on the official Land Use Map.
2.02 Residential-Agricultural -1 (RA-1)
2.03 Residential-Agricultural -2 (RA-2)
2.04 Hamlet Residential (H-R)
2.05 Hamlet Business (H-B)
2.06 General Business District-1 (GB-1)
2.07 General Business District-2 (GB-2)
2.08 Recreational/Educational District (R/E)
2.09 Planned Development Unit (PDU)
Section 2.02 Residential-Agricultural 1 District (RA-1)
The RA-1 District comprises all land east of Rt.26 and north of Rt. 80 outside of the Recreational/ Educational, General Business District 2, Hamlet Business and Hamlet Residential Districts. It encompasses all lands between Otsego Lake and Rt. 26, north of Rt.80/28. This is a low density Residential/ Agricultural District which allows for certain non-residential/ agricultural uses as special permitted uses.
Minimum Lots Size: 3 Acres
Minimum Frontage on a Road: 150 Feet
Minimum Front Yard Setback From Center of Road: 60 Feet
Minimum Side Yard: 30 Feet (each side)
Minimum Rear Yard Setback: 35 feet
Maximum Building Height: 40 feet
Permitted Uses:
1. One Family Dwelling
2. Two Family Dwellings
3. Home Occupations
4. Accessory Uses
5. Parks or Playgrounds
6. Agriculture
7. Forest Management Practices
8. Wildlife Management Practices
Special Permitted Uses (see section 7.03):
State Certified Educational Institutions
Health Care Facilities including nursing homes and adult care homes up to
10,000 square feet in building footprint size
3. Public Facilities/Utilities
4. Churches and Places of Worship
5. Cemeteries
6. Bed and Breakfasts
7. Campgrounds
8. Recreational Facilities *** See Special Requirements
9. Service Trade Establishment
10. Group Family Day Care, Day Care Centers or School Age Child Care
Special Requirements:
All special permitted uses require Site Plan approval.
***Prior to approval of any permit for recreational facilities, the Planning Board shall
determine that the facility:
Is of scale, density and appearance that is in harmony with the neighborhood character
of the district in which it would be located.
Will not create demands which exceed the existing capabilities of public
infrastructure, including roads, sewer, water and emergency services.
Will not introduce nuisances associated with traffic, noise or lighting, as measured at
any property boundary, which are incompatible with adjoining or nearby land uses.
Will not substantially and adversely impact identifiable natural, cultural or visual
resources known to be important to the Town.
If a proposed facility does not meet the standards as set forth above, the Planning Board shall consider it incompatible with the low-density, residential character of the district and shall deem the facility not allowable.
Section 2.03 Residential-Agricultural 2 District (RA-2)
The RA-2 District includes all lands west of County Rt.26 outside of the General Business Districts l and 2, the Hamlet Business and Hamlet Residential Districts and also includes lands east of 26 in that area of the Town south of Rt. 80/28. This is a low density Residential/Agricultural District which allows for certain non-residential/agricultural uses as special permitted uses.
Minimum Lot Size: 3 Acres
Minimum Frontage on a Road: 150 Feet
Minimum Front Yard Setback From Center of Road: 60 Feet
Minimum Side Yard Setback: 30 Feet (each side)
Minimum Rear Yard Setback: 35 Feet
Maximum Building Height: 40 feet
Permitted Uses:
Same as in the RA-1 District
Special Permitted Uses:
Same as in the RA-1 plus:
Animal Hospitals limited to 4500 square feet
Mineral Extraction with a 20 acre minimum lot size. No processing of
materials is permitted if conducted within 500 feet of a residential dwelling unit.
Motels limited to 8 units
4. Self Storage Units
5. Kennels
6. Multiple Family Dwellings
Special Requirements:
All special permitted uses require Site Plan approval.
Section 2.04 The Hamlet Residential District (H-R)
The H-R District was developed for existing small hamlet areas that have already been largely developed with a mixture of uses.
Minimum Lot Size: 1 Acre
Minimum Frontage on a Road: 75 Feet
Minimum Front Yard Setback From Center of Road: 60 Feet
Minimum Side Yard Setback: 20 Feet (each side)
Minimum Rear Yard Setback: 30 Feet
Maximum Building Height: 35 feet
Permitted Uses:
1. One Family Dwelling
2. Two Family Dwellings
3. Home Occupations
4. Accessory Uses
Special Permitted Uses:
1. Churches and places of worship limited to 2000 square feet (building footprint)
2. Private Offices
3. Bed and Breakfasts
4. Multiple Family Dwelling
Special Requirements:
1. All special permitted uses require site plan approval.
2. No mobile homes are allowed in this district.
Section 2.05 Hamlet Business District (H-B)
The H-B District was developed for the commercial centers of hamlets, which often have a mix of residential and commercial uses. It reflects the diversity of uses often found in rural hamlets. The types and sizes of businesses are kept small, as the businesses are solely those which meet the basic needs of the hamlet.
Minimum Lot Size: 1 Acre
Minimum Frontage on a Road: 75 Feet
Minimum Front Yard Setback From Center of Road: 60 Feet
Minimum Side Yard Setback: 15 Feet (each side)
Minimum Rear Yard Setback 30 Feet
Maximum Building Height: 35 feet
The square footage of all buildings referred to herein represents the building "footprint" (or one floor). These limits on size shall not apply to existing buildings which can be used for the permitted and special permitted uses regardless of their existing size. Furthermore, any building in existence on the date this provision is adopted shall be allowed to expand another 2000 square feet, if it would otherwise be constrained by the square footage limits set herein. All parking requirements and setbacks, however, must be met for said expansion to be permitted.
Permitted Uses
1. Public Offices and Public Utility Facilities
2 Home Occupations
3. One and Two Family Dwellings
4. Accessory Uses
Special Permitted Use
1. Retail trade wholly within a building. Building size is limited to 2000 square feet
building footprint)
2. Barber Shops, Beauty Shops, Laundromats, Shoe Repair Shop. Building size
is limited to 2000 square feet (footprint)
3. Business and Professional Office buildings limited to 2000 square feet
(footprint)
4. Banks, Insurance Offices, Real Estate, Savings and Loan Offices, Credit
Unions. Buildings are limited to 2000 square feet (footprint).
5. Motels limited to 8 units
6. Bed and Breakfasts
7. Churches and Places of Worship limited to 2000 square feet (footprint)
8. Mixed occupancy structures containing residential and commercial uses
limited to 2000 square feet (footprint)
9. Small appliance repair shops limited to 2000 square feet (footprint)
10. Retail trade involving outdoor storage or display of items for sale limited to 2000
square feet (building footprint) including lawn and garden supplies, auto dealer-
ships, including accessory repair shops operated during normal business hours, etc.
11. Service Station with sale of food or drink items limited to 2000 square feet
(footprint)
12. Group Family Day Care, Day Care Centers and School Age Child Care
13. Eating and Drinking Establishments
14. Light Assembly
15. Multiple Family Dwellings
Special Requirements:
1. All uses in this district, except for public offices, public utility facilities, home
occupations, one and two family dwellings and their accessory uses are subject to
site plan approval.
No mobile homes are permitted in this district.
For expansion of existing conforming uses, no special permit shall be required.
However, a site plan may be required at the discretion of the Planning Board.
Section 2.06 General Business-1 District (GB-1)
The GB-1 District was created to allow for business of a larger scale and variety than that in the hamlet business district. In the GB-1 there is no minimum building size required. In the GB-2, however, certain uses must meet a minimum building size to be allowed in the district. This is to encourage smaller sized businesses to locate in the HB district. GB-1 is located on the east side of Rt. 28 extending from the Village line southward to the NYSEG property.
Minimum Lot Area: 10,000 square feet with central sewer and/or water;
20,000 square feet without central sewer or central water
Minimum frontage on a road: 80 feet
Minimum front yard setback: 20 feet from the State right-of-way
Minimum side yard setback: 25 feet from residential and agricultural properties and
10 feet from commercial properties provided such
would not violate any provisions of the New York
State Uniform Fire Prevention and Building Code
Minimum rear yard setback: 25 feet from residential and agricultural properties and
10 feet from commercial properties provided such
would not violate any provisions of the New York
State Uniform Fire Prevention and Building Code
Maximum building height: 35 feet
Maximum coverage: 70%
Permitted Uses:
None
Special Permitted Uses:
1. Animal Hospitals
2. Building and Farm Supply
3. Business/Professional Office
4. Car Wash
5. Commercial Storage, Enclosed
6. Convenience Stores
7. Drive-In Use
8. Eating and Drinking Establishment
9. Motor Vehicle/Boat Trailer Sales
10. Motor Vehicle Repair Shop
11. Retail Trade
12. Service Establishment
13. Service Station
14. Shopping Center
15. Accessory Uses
16. Parking Lot (off-premise)
Special Requirements:
1. In the GB-1 District more than one building may be located on a lot; however, the
maximum coverage of the lot is limited to 70% as stated above. The applicant must
demonstrate that on-site septic, parking and all other supplementary regulations can
be met before approval will be granted. Thus, if one is putting in an on-site septic
system, then obviously, one cannot expect to have 70% coverage.
2. All uses are subject to site plan approval.
3. For expansion of existing conforming uses, no special permit shall be required.
However, a site plan may be required, at the discretion of the Planning Board.
Section 2.07 General Business-2 District (GB-2)
The GB-2 District is located in several areas in the town which are suited for commercial development. See the land use map for specific locations.
Minimum Lot Size: 1 Acre without central water or central
sewer; 20,000 square feet with central
water or central sewer (unless specified
otherwise)
Minimum Frontage on a Road: 80 Feet
Minimum Front Yard Setback From
the Center of the Road: 50 Feet
Minimum Side Yard Setback: 25 feet from residential and agricultural
properties; 10 feet from commercial properties;
provided such would not violate the provisions
of the New York State Uniform Fire
Prevention and Building Code.(each side)
Minimum Rear Yard Setback: Same as Side Yard Setback
Maximum Building Height: 40 feet
Maximum Coverage: 70%
Permitted Uses:
None
Special Permitted Uses:
1. Animal Hospitals
2. Business/Professional Offices at a minimum of 2001 square feet
3. Car Wash
4. Commercial Storage, Enclosed
5. Convenience Stores
6. Drive-In Uses
7. Eating and Drinking Establishments with a minimum building size of 2001
square feet and a minimum lot size of 2 acres
8. Motel/Hotel - a minimum of 9 and a maximum of 36 units and at least 3
acres of land
9. Motor Vehicle/Boat Trailer Sales
10. Motor Vehicle Repair Shop
11. Retail Trade at a minimum of 2001 square feet
12. Service Establishment at a minimum of 2001 square feet for barber shops, beauty
shops, Laundromats and shoe repair; unspecified minimum size for other uses
13. Service Station
14. Shopping Center
15. Recreational Establishments with an enclosed building
16. Accessory Uses and Buildings
17. Warehouse and Storage Areas
18. Light Assembly
19. Accessory Uses
Special Requirements:
1. Same as in GB-1 plus:
Buildings cannot exceed 5,000 square feet (building footprint) on a
single lot in the GB-2 District.
For expansion of existing conforming uses, no special permit shall be required.
However, a site plan may be required. The Planning Board shall decide on all
questions at their discretion.
2. The 2001 minimum square foot requirements for Business/Professional Offices,
Eating and Drinking Establishments, Retail Trade and Service Establishments do
not apply for existing buildings or affected portions thereof.
3. For expansion of existing conforming uses, no special permit shall be required.
However, a site plan may be required. The Planning Board shall decide on all questions at their
discretion.
4. The 2001 minimum square foot requirements for Business/Professional Offices, Eating and
Drinking Establishments, Retail Trade and Service Establishments do not apply for existing
buildings or affected portions thereof.
Section 2.08 Recreational/Educational District (R/E)
The R/E District was established to provide for and to tie together several parcels of land north of the Village of Cooperstown which provide educational and recreational opportunities for persons.
Minimum Lot Area: 10 Acres
Minimum frontage on a road: 50 feet
Minimum front yard setback: 20 feet from the highway right-of-way
Minimum side yard setback: 15 feet (each side)
Minimum rear yard setback: 25 feet
Maximum building height: 50 feet
Permitted Uses:
1. Country Clubs
2. Golf Clubs
3. Museums
4. Educational Institutions
5. Accessory Uses necessary to operate permitted uses
Special Requirements:
1. Any use in this district over 1500 square feet of building size requires site plan review and
approval.
2. Any use under 1500 square feet does not require site plan review and approval by
the Planning Board.
Section 2.09 Planned Development Units (PDUs)
Prior to the amendments adopted to this local law by the Town Board in 1995, there existed a provision for Planned Unit Developments (PDUs). PDUs were the only form under which commercial or business activity could occur because there was no commercial zone or business zone in the town. Via these zoning revisions in 1995, all but two of the previously created PDUs have now been rezoned into a general business district or a hamlet business district. Two prior remaining PDUs, the Lake View Motel and the Cooperstown Sportsman's Association, lie outside of the general business and hamlet business districts. They are in the RA Districts ( see Otsego Town Zoning Map), and thus, are non-conforming uses. Expansion of these uses would require a use variance since they now exist as non-conforming uses.
No Planned Unit Developments exist in the Town, nor is there any provision for new Planned Unit Developments to be created.
Section 2.10 Clustering
In accordance with Section 278 of the New York State Town Law, the Town Board grants to the Planning Board discretionary authority to make reasonable modification to existing land use requirements in the area of a subdivision at the time the Planning Board gives final approval to the plat. This authority is granted to provide the flexibility required so that the best possible subdivision can be created.
Clustering is permitted in the RA-1 and RA-2 Districts in the Town. In such instances the Planning Board is authorized to reduce the area requirements for subdivisions as follows:
Minimum Lot Size: 1 Acre
Minimum Frontage on a Road: 75 Feet
Minimum Front Yard Setback From Center of Road: 60 Feet
Minimum Side Yard Setback: 15 Feet (each side)
Minimum Rear Yard Setback: 30 Feet
Maximum Building Height: 40 feet
The procedures for review and approval of a cluster subdivision are as follows:
1. If the owner or subdivider of the land being subdivided desires this modification, he shall
make application to the Planning Board at the same time as applying for subdivision
approval in accordance with the Town Subdivision Regulations.
2. The Planning Board, before modifying such requirements, shall find that such modification
would be consistent with the intent of this authorization, in conformance with the intent of
the Master Plan, and in the Board's judgement, beneficial to the interests of the town and
the neighborhood in which the subdivision is located.
3. The application of this procedure shall result in a permitted number of building lots or dwelling units which in no case shall exceed the number which in the Board's judgement could be permitted if the land were subdivided in conformance with the minimum lot area requirements applicable to the district in which the subdivision is to be located.
4. Open space land created as a result of clustering shall be clearly shown on the subdivision plat and shall be owned, maintained and controlled by a Homeowners’ Association consisting of all residents of the subdivision. Said Homeowners’ Association shall be approved by the State Attorney General's Office before the Planning Board grants final subdivision approval to the plat. The Town shall not be responsible for the maintenance of any open space, land or roads created by a clustered subdivision.
5. The Planning Board shall hold a public hearing upon the application for modification of the zoning requirements prior to approval of such and said hearing shall be held simultaneous with the hearing upon the preliminary subdivision plat.
6. On the filing of the plat in the office of the Otsego County Clerk, a copy shall be filed with the Town Clerk who shall make appropriate notations and references thereto on the Zoning Map.
Section 2.11 Lot Size Averaging on a Single Parcel
Any parcel in the RA-1 or RA-2 Districts of the Town which is not subject to covenants or restrictions to the contrary, may be divided without a variance under the following conditions, all of which must be met by such division:
1. The average size of all lots created by such division to be not less than three (3) acres.
2. No lot to be created with an area less than one (1) acre.
3. Minimum road frontages and building set backs to be:
Minimum Road Frontage: 100 Feet
Minimum Front Yard Setback From Center of Road: 60 Feet
Minimum Side Yard Setback: 20 Feet (each side)
Minimum Rear Yard Setback: 30 Feet
Maximum Building Height: 40 feet
4. All lots to be suitable for onsite sewage disposal and water supply systems unless community facilities are provided in accordance with other State regulations.
5. Division of any parcel, whether done at once or in stages, shall be subject to the requirements of the Subdivision Ordinance of the Town of Otsego.
6. No further division of any lot created by such division shall be allowable if such further division would result in an average size of less than three (3) acres for all lots created from the original parcel.
Section 2.12 Subdivision With a Density Bonus
To encourage modification of the subdivision regulations even further, the Planning Board will consider awarding a density bonus of one extra dwelling unit per ten acres in the RA-1 and RA-2 Districts of the Town. In such a situation, the developer would follow the same procedures as those outlined in Section 2.10 above for approval of the subdivision. All roads created from such a subdivision would remain private and would be maintained by the Homeowner's Association, as would the open space created. Minimum area, road frontage and setbacks would be as follows:
Minimum Lot Size: 1 Acre
Minimum Frontage on a Road: 100 Feet
Minimum Front Yard Setback: 20 Feet from the right-of-way
Minimum Side Yard Setback: 20 Feet (each side)
Minimum Rear Yard Setback: 30 Feet
Maximum Height: 40 feet
An example of the number of units allowed under this provision (and a comparison of the number of units permitted under the traditional and the clustering provisions) is provided here:
Units Allowed Under Units Allowed Units Allowed
Acres Traditional Zoning With Clustering With subdivision Density Bonus
10 3.1 3.1 4.1
20 6.2 6.2 8.2
30 10.0 10.0 13.0
40 13.3 13.3 17.3
50 16.6 16.6 21.6
60 20.0 20.0 26.0
70 23.3 23.3 30.3
80 26.6 26.6 34.6
90 30.0 30.0 39.0
100 33.3 33.3 43.3
ARTICLE III: GENERAL LAND USE REGULATIONS
The provisions in this article apply to uses in all districts of the Town.
Applications for approval for any use within the Town shall demonstrate that the proposed use is in conformance with the following Sections 3.01 through 3.14.
Section 3.01 Residential and Agricultural Areas
Activities other than residential and agricultural functions may be permitted in residential and agricultural areas as long as these activities do not alter the essential residential or agricultural character of the neighborhood by external changes obviously unrelated to residential or agricultural uses.
Section 3.02 Sewage Disposal and Water Supply
Unless connection to a municipal waste water treatment system is available, construction of uses is allowed only on lots adequate to on-site sewage disposal and water supply systems conforming to the requirements of the New York State Department of Health. This requirement must be met independently of the minimum lot size allowed in any district and may require an increase in lot size for conformance.
Subsurface sewage disposal systems of the septic tank/absorption field type are strongly preferred. Alternative designs usually involve increased risk of ground water contamination and will be allowable only when constructed in accordance with a design prepared by a licensed professional engineer and approved by the State Health Department, where applicable, prior to the issuance of any building permit.
Sewage disposal systems shall be sited to provide the specified minimum distance to existing wells on adjacent properties and to probable future well locations on adjacent properties.
Section 3.03 Off-street Parking
Parking capacity shall be sufficient to accommodate the number of vehicles required by the maximum number of residents, customers, or visitors anticipated at normal peak weekly activity.
Adequate off-street parking shall be provided for all uses. General guidelines for various uses are included in Appendix B. Increases above these guidelines may be required by the Planning Board if needed to provide adequate facilities for unusually heavy parking requirements.
Any change in operations or ownership which is expected to increase the maximum number of residents, customers, or visitors anticipated at normal peak weekly activity shall require an appropriate increase in off-street parking facilities, as deemed necessary by the Planning Board.
Section 3.04 Principal Building per Lot
There shall be only one principal building per lot, except that, where a sufficiently large parcel exists, additional principal buildings may be established provided each such structure has an identifiable land area which satisfies the lot area, frontage, and setback requirements of the regulations of the district in which it is located.
No part of any yard or area required for one building or use shall be included as part of the yard or area similarly required for any other building or use.
Applications for a building permit shall show the outline of land associated with second or subsequent principal buildings, with the proposed location of such buildings.
The identified land area associated with each principal building shall be sufficient to provide independent water supply and sewage system in accordance with the requirements of Section 3.02.
Section 3.05 Mobile Homes
Mobile homes shall be allowed in the RA-1 and RA-2 Districts. Where mobile homes are allowed, the minimum lot size, road frontage, and setbacks shall be the same as required for other dwellings in such districts.
All mobile homes located or installed after the effective date of this law or its amendment shall comply with the New York State Uniform Fire Prevention and Building Code and the U. S. Department of Housing and Urban Development (HUD). (Rules and Regulations for mobile homes, effective January 15, 1974, and as amended.)
An approved metal, wood or other suitable rigid skirting or framing, properly ventilated and attached, shall enclose that area from the bottom of the floor line of the mobile home to the ground for any mobile home hereafter located in the Town, unless the mobile home is mounted on an enclosed foundation.
Section 3.06 Junk Yards
All junkyards are controlled by Local Law # 1 of 1995 adopted by the Town Board on June 14, 1995.
Section 3.07 Smoke
Emission of smoke which is a shade equal to or darker than No. two (2) on a standard Ringleman Chart as issued by the United States Bureau of Mines is prohibited except that visible gray smoke of a shade equal to No. three (3) on said chart may be emitted for four (4) minutes in any thirty (30) minutes.
Section 3.08 Fire and Explosion Standards
See Title 9, Executive B of NYCRR known as the New York State Uniform Fire Prevention and Building Code for requirements.
Section 3.09 Lighting
No light shall be erected that is directed onto a public street or any adjacent property in such a way as to create a safety hazard or nuisance or interfere with the normal use of such adjacent property. Furthermore, all lights shall be downcast and shall not illuminate the sky. Caps or covers on lights to prevent lights from lighting up the sky are required.
Section 3.10 Noise
No activity shall be permitted which produces a sound level of seventy (70) decibels or more as measured on the "A" scale of a standard level meter having characteristics defined by American Standards Association specification S 1.4-196, "General Purpose Sound Level Meter", such measurement being made at any property line. Church bells, sirens and emergency equipment shall be exempt from this section of the law. Temporary sound equipment requires a permit from the Town Board.
Section 3.11 Landscaped Areas Between Certain Uses
Along any lot line between a residential and non-residential use a landscaped area shall be provided. Such landscaped area shall include a screening, provided by fencing, beams, walls, non-deciduous trees or shrubs or by existing natural features or combinations thereof, as deemed necessary by the Town Planning Board to protect the character of adjoining residential areas. If vegetation provides the screening, the Planning Board may require a surety deposit to ensure the vegetation survives for 18 months.
Such a fence shall have a minimum erected height of six (6)feet and shall be located within a strip at least ten (10) feet in width on the non-residential side of the lot line. Shrubs or trees used for screening shall be a minimum height of three (3) feet when planted and a minimum of six (6) feet at maturity. Such landscaped areas may be included in satisfying the minimum side or rear lot requirements.
Section 3.12 Modifications to lot size and setbacks
1. In all cases, minimum road frontage setbacks shall either conform with the requirement of the District, or be equal to the average setback of principal structures within five hundred (500) feet on adjacent parcels, whichever is less. The height restriction does not apply to agricultural silos, church steeples and similar structures already common to the area.
2. A lot which may be used to satisfy the minimum area requirement of any district shall be in the shape of a quadrilateral, no side of which shall be less than one third (1/3) the minimum road frontage required in that District, and no angle of which shall be less than thirty (30) degrees.
3. Lots on cul-de-sacs having less than the specified road frontage may be reduced up to 25% if approved by the Planning Board.
4. For corner and through lots, front yard setbacks and minimum frontages are required on both road fronts. The two remaining yards shall be designated by the applicant as to which will be the rear yard and which will be the side yard.
Section 3.13 Service Stations
No fuel pump shall be located closer than fifty (50) feet to any side or rear lot line, nor closer than twenty (20) feet to any front lot line.
All repair work shall be performed and all equipment supplied and wastes stored within a structure or enclosed storage yard so as not to be visible from side or rear lot lines.
Section 3.14 Demolition
No building or structure over one hundred (100) square feet of floor area shall be wholly or partially demolished except after issuance of a demolition permit by the Codes Enforcement Officer.
ARTICLE IV: LAND USE REGULATIONS PERTAINING TO GEOLOGIC FEATURES
Applications for approval for any use within the Town shall demonstrate that the proposed use is in conformance with the following sections 4.01 through 4.04 as well as Sections 3.01 through 3.14.
Section 4.01 Flood Plains
No structures shall be allowed in areas adjacent to lakes, rivers, streams, seasonal streams, or any other watercourse subject to flooding in a one hundred (100) year flood, except as in accordance with current Town of Otsego flood plain law. Said law requires, at a minimum, that all construction be at least two (2) feet above the mean high water mark.
Section 4.02 Steep Slopes
No construction or excavating shall be performed on any slope in excess of 15% or, in other circumstances particularly susceptible to erosion, until a site plan, including an erosion control plan, the location of which shall be indicated on the site plan, is approved by the Planning Board. In its review of the site plan, the Planning Board shall be guided by standards and procedures of the U.S. Natural Resource Conservation Service and/or the local Soil and Water Conservation District and a site plan approved by the Planning Board.
Prior to March 15, 2008 the provisions of Section 4.02 shall not be applicable to any reconstruction and/ or replacement of septic systems on Otsego Lake which are included in the Memorandum of Agreement, between the Town of Otsego and the Watershed Supervisory Committee.
Section 4.03 Wetlands
All State designated freshwater wetlands shall be preserved and protected in accordance with regulations of the New York State Department of Environmental Conservation and Section 24 of the Environmental Conservation Law of 1975 as amended to date of adoption of this Local Law. Copies of the freshwater wetland maps are on file in the Town Clerk's Office.
Section 4.04 Otsego and Canadarago Lakes Shoreline Protection Area
With the exception of staircases up to 42 inches in width constructed of materials in a manner that maximizes ground water permeation and reduces runoff to the maximum extent possible, no structure shall be newly erected within one hundred (100) feet of the shoreline of Otsego or Canadarago Lakes. All building replacements/repairs shall be limited to the building footprint. All repairs/replacements associated with porches, decks, raised walks, etc. shall be limited to existing dimensions and to materials and/or design or equal or greater groundwater permeation. Site plan review is required for all construction within one hundred (100) feet of the shoreline.
With the exception of staircases up to 42 inches in width constructed of materials or in a manner that maximizes groundwater permeation and reduces runoff to the maximum extent possible, no structure shall be newly erected within one hundred to five hundred (100-500) feet of the shoreline of Otsego or Canadarago Lakes without site plan review. Existing structures located within one hundred to five hundred (100-500) feet of lake shoreline may be altered for repairs and/or replaced in kind. All building replacement/repairs shall be limited to the building footprint. All repairs/replacements associated with porches, decks, raised walks, etc. shall be limited to existing dimensions and to materials and/or design of equal or greater groundwater permeation. All other circumstances require site plan review.
There shall be no point source discharge into Otsego or Canadarago Lakes or into any waterway flowing into Otsego or Canardarago Lakes.
No more than thirty (30) percent of the trees six (6) inches or more in diameter at breast height within five hundred (500) feet of the shoreline may be cut over any ten (10) year period. No cutting of any vegetation may take place within twenty (20) feet of the shoreline, except that up to thirty (30) percent of the shore front may be cleared of vegetation on any individual lot. These standards do not prevent removal of dead, dying, diseased or rotten trees or vegetation, or other vegetation presenting safety or health hazards.
(Section 136.3 of Chapter III of Title 10 (Health) of the official compilation of Codes and Rules and Regulations of the State of New York details additional restrictions applicable to Otsego and Canadarago Lakes and all watercourses and tributaries thereto and compliance is required by this law.)
Prior to March 15, 2008 the provisions of Section 4.04 shall not be applicable to any reconstruction and/or replacement of below grade septic system components, including raised bed septic systems on Otsego Lake which are included in the Memorandum of Agreement, between the Town of Otsego and the Watershed Supervisory Committee.