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§ 152.297  REVIEW BY PLANNING BOARD.
   The tree survey and preservation and protection plan shall be reviewed by the Planning Board as part of its site plan approval process and preliminary subdivision plat recommendation process. The Planning Board may require the alteration of a proposed site plan or subdivision plat to meet the intent of this subchapter. Approval of a site plan or a positive recommendation on a preliminary subdivision plat may be withheld for failure to comply with the terms of this subchapter.
(Ord. passed 3-5-2018)
§ 152.298  PRESERVATION REQUIRED.
   All monumental trees and monumental tree stands that are identified for preservation on the approved preservation and protection plan shall be preserved and protected from harm through the development process. If, through reckless or careless action by the developer or through disregard for the requirements of this subchapter, the developer removes or destroys a tree or trees indicated for protection, he or she shall, at his or her expense, replace the tree(s). Replacement shall be achieved by planting two trees of the same variety for each tree removed or destroyed. Replacement trees shall be a minimum of eight feet tall and have a diameter of at least two inches measured six inches above the ground at the time of planting and shall be planted in the general vicinity of the removed or destroyed tree(s).
(Ord. passed 3-5-2018)  Penalty, see § 152.999
§ 152.299  TREE PROTECTION DURING CONSTRUCTION.
   (A)   No person, in the construction of any structure(s) or improvement(s) or any activity, shall encroach or place solvents, material, construction machinery or temporary soil deposits within six feet of the area outside of the drip line, as defined in this chapter, of any monumental tree or any tree within a tree protection zone.
   (B)   (1)   Before development, land clearing, filling or any land alteration, the developer shall be required to erect suitable protective barriers as required by the Ordinance Administrator, including tree fences, tree protection signs and erosion barriers until completion of site landscaping.
      (2)   Authorization to remove the protective devices shall be in writing by the Ordinance Administrator.
      (3)   Inspection of tree protection barriers is required prior to any land disturbance or development.
      (4)   The Ordinance Administrator shall be contacted to schedule an inspection time.
   (C)   (1)   Materials for active tree protection shall consist of chain link, orange laminated plastic, wooden post and rail fencing or other equivalent restraining material.
      (2)   In addition to fencing, where active tree protection is required, each tree to be saved shall be marked at the base of the trunk with blue colored water-based paint.
   (D)   Materials for passive tree protection shall consist of heavy mil plastic flagging, a minimum of four inches wide with dark letters reading “Tree Protection Area - Do Not Enter” or equivalent signage of a continuous, durable restraint.
   (E)   All tree protection devices must remain in functioning condition until the certificate of occupancy is issued and must be removed promptly thereafter.
(Ord. passed 3-5-2018)  Penalty, see § 152.999
OFF-STREET PARKING, LOADING
AND STACKING
§ 152.310  PURPOSE.
   It is the purpose of this subchapter to relieve traffic congestion in the streets, to minimize any detrimental effects of off-street parking areas on adjacent lands and to ensure the proper and uniform development of automobile parking areas throughout the town.
(Ord. passed 3-5-2018)
§ 152.311  APPLICABILITY.
   These regulations shall apply to all land development activities within the town with the exception of those activities specifically exempted by § 152.312 of this chapter.
(Ord. passed 3-5-2018)
§ 152.312  EXEMPTIONS.
   These regulations shall not apply to land development activities within the Central Business (CB) District.
(Ord. passed 3-5-2018)
§ 152.313  GENERAL REQUIREMENTS FOR OFF-STREET PARKING, LOADING AND STACKING AREAS.
   (A)   Use of parking area, stacking area or loading space. All vehicular parking areas, stacking areas and loading spaces required by this subchapter shall be used only for those purposes. Any other use, including, but not limited to, vehicular storage, vehicle sales, vehicular repair work, vehicle service or display of any kind, shall constitute a separate use of the space.
   (B)   Identified as to purpose and location when not clearly evident. Off-street parking areas of three or more spaces and off-street loading areas shall include painted lines, wheel stops or other methods of identifying individual parking spaces and loading areas and distinguishing such spaces from aisles.
   (C)   Surfacing. All off-street parking loading and stacking areas shall be surfaced with asphalt, concrete, brick, stone, pavers or an equivalent material, except as provided for in division (D) below. These materials shall be maintained in a smooth, well-graded condition.
   (D)   Limitations on impervious surface.
      (1)   Where an off street parking area containing 50 or more vehicle parking spaces is constructed or enlarged, no more than 80% of the parking area may be surfaced with impervious material.
      (2)   At a minimum, 20% of the designated off-street parking area shall be paved with pervious paving materials. Materials used for these areas may include permeable concrete, permeable asphalt, open jointed blocks, permeable pavers or other materials designed to allow the maximum infiltration of water.
      (3)   Regular maintenance of these pervious areas is required to ensure that they continue to function properly after their installation.
   (E)   Arrangement.
      (1)   All off-street parking and loading areas shall be arranged for convenient access and safety of pedestrians and vehicles.
      (2)   Except for detached residential uses, off-street parking areas with three or more spaces shall be arranged so that no parking or maneuvering incidental to parking shall be on a public street or sidewalk, and so that an automobile may be parked and un-parked without moving another automobile.
      (3)   All off-street parking and loading areas, except on lots used for detached residential uses and townhouses, shall be arranged so that no vehicle shall be required to back from such facilities directly onto public streets.
   (F)   Curbs and vehicle stops. All off-street parking and loading areas shall provide curbs, wheel stops or similar devices so as to prevent vehicles from overhanging on or into public right-of-way, sidewalks, walkways, adjacent land or landscape areas.
   (G)   Maintenance.
      (1)   All off-street parking and loading areas shall be maintained in good repair, and in safe condition at all times, so as not to constitute a hazard to public safety or a visual or aesthetic nuisance to surrounding land.
      (2)   All off-street parking and loading areas shall be periodically re-striped or otherwise restored to maintain a clear identification of separate parking stalls.
   (H)   Responsibility for provision. The responsibility for providing the off-street parking and loading areas required by this section shall be that of whomever develops the land that requires parking and loading areas.
   (I)   Construction of off-street parking and loading areas. All off-street parking and loading areas shall be completed prior to the issuance of a certificate of occupancy for the use or uses they serve.
(Ord. passed 3-5-2018)
§ 152.314  OFF-STREET PARKING STANDARDS.
   (A)   Minimum number of spaces required. Unless otherwise expressly stated in this subchapter, off-street parking spaces shall be provided in accordance with the following table. Unlisted uses shall conform to the requirements of the most similar use.
Minimum Off-Street Parking Standards
Uses
Spaces Required
Minimum Off-Street Parking Standards
Uses
Spaces Required
Accessory Uses
   Accessory dwelling unit
1 per unit
   Caretaker dwelling
1 per unit
   Home occupations (customary)
2 + required for dwelling unit
Agricultural Uses
   Veterinary services (livestock)
3 per doctor + 1 per other employee
Commercial Uses
   Adult entertainment
1 per employee + 1/100 sq. ft. of gross floor area
   Alcoholic beverage control (ABC) stores
1 per employee + 1/300 sq. ft. of gross floor area
   Animal shelters
1 per employee + 1 per 10 kennels
   Auction houses
1/100 sq. ft. of auction floor area
   Automobile repair and service centers
1 per employee + 3 per service bay
   Automobile sales, rental and leasing
1 per employee + 1 per 10 vehicle display spaces
   Automobile supply stores
1/300 sq. ft. of gross floor area
   Automobile towing and storage
1 per employee + 1 per 10 vehicle storage spaces
   Banks and credit unions
1/200 sq. ft. of gross floor area
   Barber shops and salons
3 per employee
   Bars, nightclubs and similar establishments
1 per 3 patrons based on design capacity + 1 per employee
   Bed and breakfast inns
2 + 1 per rental room
   Car washes full service self service
1 per employee + 10 stacking spaces 2 stacking spaces per bay
   Contractors offices
3 + 1 per employee
   Convenience stores
1/200 sq. ft. of gross floor area
   Crematoriums
3 + 1 per employee
   Drug stores and pharmacies
1/300 sq. ft. of gross floor area
   Dry cleaners
1 per employee + 1/300 sq. ft. of gross floor area
   Equipment rental and leasing
1/500 sq. ft. of gross floor area
   Equipment repair services
1/500 sq. ft. of gross floor area
   Farm and agricultural supplies, retail
1/500 sq. ft of gross floor area
   Farm equipment sales and service
1 per employee + 1 per service bay + 1/1,000 sq. ft. of equipment display area
   Fuel oil sales, retail
1 per employee + 1/300 sq. ft. of customer service area
   Funeral homes (no crematory services)
1 per employee + 1 per 4 seats in chapel
   Garden centers and nurseries, retail
1 per employee + 1/400 sq. ft. of display area
   Gasoline sales, retail
1 per employee
   General merchandise stores
1/300 sq. ft. of gross floor area
   Grocery stores
1/300 sq. ft. of gross floor area
   Hardware and home improvement stores
1/300 sq. ft. of gross floor area
   Home furnishings stores
1/500 sq. ft. of gross floor area
   Hotels and motels
1 per employee on largest shift + 1.25 per room
   Kennels, commercial
1 per employee + 1 per 10 kennels
   Landscaping services
1 per employee
   Laundromats
1 per employee + 1 per 4 washers/dryers
   Manufactured home sales, new
1 per employee + 1 per 5 home display spaces
   Medical and dental offices and laboratories
3 per practitioner + 1 per other employee
   Medical treatment centers
3 per practitioner + 1 per other employee
   Motorcycle sales
1 per employee + 1 per 10 vehicle display spaces
   Movie theaters
1 per employee + 1 per 4 seats
   Pawnbrokers
1/ 300 sq. ft. of gross floor area
   Personal services establishments (not otherwise classified)
1/300 sq. ft. of gross floor area
   Professional offices (not otherwise classified)
1/300 sq. ft. of gross floor area
   Recreational vehicle sales
1 per employee + 1/10 vehicle display spaces
   Restaurants
1 per employee on largest shift + 1 per 4 seats
   Retail sales (not otherwise classified)
1 per 300 sq. ft. of gross floor area
   Specialty food and beverage stores
1 per 250 sq. ft. of gross floor area
   Tire sales, retail (no outside storage)
1 per employee + 2 per service bay + 1/500 sq. ft. of display area
   Tattoo and body piercing establishment
2 per practitioner + 1 per other employee
   Vending stations, unmanned
3 spaces
   Veterinary services (domestic animals)
3 per doctor + 1 per other employee
Government, Educational and Institutional Uses
   Ambulance/EMS stations
1 per employee on largest shift
   Amphitheaters
1 per 5 seats
   Assisted living/nursing facilities
1 per employee on largest shift + per 4 residents
   Auditoriums
1 per 4 seats
   Churches/religious institutions
1 per 4 seats in sanctuary
   Civic or fraternal organizations
1 /200 sq. ft. of gross floor area
   Colleges and universities
1 per 3 students + 1 per employee
   Conference and event centers
1 per 5 persons based on design capacity
   Day care centers, adult
1 per employee + 1 per 10 attendees
   Fire stations
1 per employee on largest shift
   Government offices
1 per employee + 1/200 sq. ft. of gross floor area
   Hospitals
2 per patient bed + 1/300 sq. feet of administrative area
   Libraries
1 per 450 sq. ft. of gross floor area + 1 per employee
   Museums
1 per 450 sq. ft. of gross floor area + 1 per employee
   Police stations
1 per employee on largest shift
   Post offices
1 per employee + 1/150 sq. ft. of public service area
   School, elementary
1 per employee + 2 per classroom
   School, middle high
1 per employee + 2 per classroom
   School, senior high
1 per employee + 1 per 4 students
   School, trade or vocational
1 per 3 students + 1 per employee
Industrial Uses
   All industrial uses
1 per employee on largest shift + 1/300 sq. ft. of customer service/display areas
Recreation Uses
   Commercial recreation, indoor
1 per 300 sq. ft.
   Commercial recreation, outdoor
1 per employee + 1/3 participants/spectators at largest event
   Country club
1 per employee + 1/300 sq. ft of gross floor area + spaces for accessory uses
   Golf course
1 per employee + 4 per hole
   Golf driving range
1 per employee + 2 per tee
   Horse stables/riding academies
1 per employee + 1 per stall
   Shooting range, indoor
1 per employee + 1.5 per lane
   Shooting range, outdoor
1 per employee + 1.5 per position
Residential Uses
   Boarding and rooming houses
2 + 1 per rental unit
   Dwelling, single-family detached
2 per dwelling unit
   Dwelling, duplex
2 per dwelling unit
   Dwelling, multi-family
1 per 10 units +
      0-1 bedroom units
1.50 per unit
      2 bedroom units
1.75 per unit
      3+ bedroom units
2 .00 per unit
   Dwelling, townhouse
1 per 10 units +
      0-1 bedroom units
1.50 per unit
      2 bedroom units
1.75 per unit
      3+ bedroom units
2.00 per unit
   Dwelling, live/work
1 per unit +1 per commercial space
   Dwelling, upper story loft
1 per unit
   Dwelling, manufactured home, Class A
2 per dwelling unit
   Family care home
2 + 1 per 3 residents
   Group care facility
1 per employee + 1 per 3 residents
   Manufactured home park
2 per dwelling unit
Temporary Uses
   Flea markets and swap meets
4 per booth
   Seasonal sales (Christmas trees, pumpkins and the like)
1 per employee + 1/300 sq. ft. of display area
Transportation, Warehousing and Utility Uses
   Bulk mail or parcel handling facilities
1 per employee on largest shift
   Self storage facilities
1 per employee + 1 per 10 rental units
   Truck and freight terminals
1 per employee on largest shift
   Warehouses and distribution centers
1 per employee on largest shift
Wholesale Uses
   All wholesale uses
1 per employee on largest shift + 1/300 sq. ft. of customer service/display areas
 
   (B)   Maximum number of spaces permitted. Where off-street parking spaces in excess of 125% of the minimum are provided, all excess parking areas must be paved with pervious paving materials. In no case shall parking in excess of 150% of the minimum number required be allowed.
   (C)   Minimum separation. Except in the Central Business (CB) District, all parking areas shall be separated at least ten feet from buildings in order to allow room for sidewalks, landscaping and other plantings between the building and the parking area. This separation may be eliminated in the rear of buildings in areas designed for loading and unloading materials.
   (D)   Cross-access required.
      (1)   General. All development except detached residential and attached residential development with less than four dwelling units shall be designed to allow for cross-access to adjacent compatible sites in accordance with the following standards.
         (a)   Limited to two parcels. Cross-access ways shall be designed and located based on the standards of this section, but in no case shall a development be required to provide cross-access to more than two adjacent parcels.
         (b)   Future stubs required. A stub for future cross-access shall be provided to all adjacent vacant land designated as GC or OI; and
         (c)   Placement and width. Cross-access ways shall be located and configured in a manner to provide the most convenient access between adjacent parcels. No part of a cross-access way shall be located within a street right-of-way. The minimum width of the cross-access way shall be 22 feet.
      (2)   Waiver.
         (a)   The Zoning Administrator shall waive the cross-access standard if the applicant demonstrates it is impractical to provide cross-access due to:
            1.   Topography or natural features;
            2.   The size and configuration of the site;
            3.   Vehicular safety factors;
            4.   The presence of incompatible uses; or
            5.   Existing development patterns on adjacent developed sites that make cross-access impossible.
         (b)   When cross-access is waived in accordance with this section, pedestrian connections shall be provided between adjacent developments or uses, to the maximum extent practicable.
      (3)   Recording required. Where provided, cross-access easements must be recorded by the owner/developer of the property prior to the issuance of a certificate of occupancy.
   (E)   Dimensional standards for parking spaces and drive aisles. The minimum dimensions for standard car parking spaces and parking lot aisles shall comply with the table above:
 
Dimensional Standards for Parking Spaces and Aisles
Stall Type
Stall Width (feet)
Stall Depth (feet)
Minimum Aisle Width for Two Way Traffic 1
Parallel
8
25
22
45 degrees
8.5
18
24
90 degrees
9
19
24
NOTES TO TABLE:
1   The aisle width may be reduced by one-half for one-way traffic.
 
   (F)   Accessible parking for disabled persons. Off-street parking for disabled persons shall be provided in accordance with Federal ADA (Americans with Disabilities Act) standards.
(Ord. passed 3-5-2018)
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