A.
Authority.
(1)
The Planning Board is hereby empowered to grant special use permit approval in accordance with the provisions of § 274-b of the New York State Town Law and the powers reserved to the town pursuant to the Municipal Home Rule Law. Those identified activities and developments requiring special use permit approval as a prerequisite shall also require site plan approval in accord with Article VIII of this chapter.
(2)
The Planning Board shall hold a public hearing, give
notice to the applicant and County Planning Board and give decision
on the issuance of the special use permit in accord with the requirements
of § 274-b of the New York State Town Law.
(3)
The uses specified in this chapter requiring a special
use permit are hereby declared to possess unique characteristics,
so that each proposal for any such use shall be considered by the
Planning Board as an individual case. Special use permits may be approved
by the Planning Board and issued by the Zoning Enforcement Officer
only after the Planning Board has found that each and all of the following
standards have been met:
(a)
The proposed special use is consistent with
the general intent of the town's Master Plan and with each of the
specific purposes set forth in this chapter.
(b)
The location, size and use of the structures
involved, nature and intensity of the operations involved and size
and layout of the site in relation to the proposed special use are
such that it will be compatible with the orderly development of the
use district.
(c)
Operation of the proposed special use is no
more objectionable to the uses of nearby properties, by reason of
dust or smoke emission, noise, odors, fumes, pollution of air or water,
including subsurface waters, unsightliness or similar conditions,
than would the operation of any permitted use.
(d)
The Planning Board may impose additional conditions
or restrictions as it may deem necessary prior to approving any special
use permit application in order to protect public health and safety,
the quality of the town's natural resource base and the value of property.
(e)
No site preparation or construction shall commence
nor shall existing structures be occupied for any special permit use
until final site plan approval has been granted by the Town Planning
Board and zoning, building or occupancy permits have been issued by
the Zoning Enforcement Officer.
(f)
Any special use permit which is not exercised
within one year from the date of issuance shall thereon automatically
expire.
(g)
The Zoning Enforcement Officer shall make an
on-site visit to each property authorized as a special use not less
than one time each year. The purpose of said visit is to ensure that
the use is being operated in accord with the conditions specified
by the Planning Board. If the Zoning Enforcement Officer shall determine
that a violation of this chapter or the conditions imposed by the
Planning Board exists, the certificate of occupancy and/or compliance
shall be null and void. A new special use permit application shall
be required to be submitted and approved prior to the reestablishment
of said use.
Dog kennels are permitted as a special use in
the Ag District if the following conditions are met:
A.
No kennel or pasture shall be closer than 200 feet
from the nearest lot line or street line.
B.
All kennels are to be to the rear of the rear line
of the primary structure and completely and permanently fenced sufficiently
high enough to contain all dogs at all times, and a minimum of four
feet high.
C.
All dogs shall be quartered inside between darkness
and dawn hours.
D.
No more than 20 dogs are permitted at any one time.
E.
Sewage disposal and water supply shall be approved
by the appropriate health authorities.
A.
The minimum area for a campground shall be 10 acres,
of which at least 20% shall be maintained as open space.
B.
All campgrounds must meet all the requirements of
the appropriate health authorities and shall have their approval prior
to the issuance of any permit, except that pit privies are not permitted.
D.
Each site shall have toilet facilities located not
further than 300 feet from the site.
E.
Sites for self-contained trailers, attached or detached
to a vehicle, shall be provided with approved electrical connections
and water supply connections; tent sites shall have a water supply,
not more than 300 feet from the sites.
F.
Every site shall have at least one refuse container.
G.
The campground shall have roads of at least 20 feet
in width with such roads having a dust-free pavement.
H.
No site shall be located closer than 300 feet to any
adjacent residential lot or district.
I.
A buffer area of at least 100 feet shall be provided
adjacent to all property lines.
J.
One permanent structure shall be provided for registration,
communications and use of the guests of the park. All other uses within
the structure shall be approved by the Board of Appeals.
K.
There shall be an attendant of at least 18 years of
age on duty while the campground is occupied.
L.
Each application for a campground permit shall contain
site layouts, streets, provision for lighting, recreational area,
location of all structures, water and sewer, and buffer areas, drawn
to scale.
M.
No campsite may be permanently occupied more than
six months in any one year.
N.
Speed limit shall be 10 miles per hour.
O.
Trash removal shall be picked up daily.
P.
A minimum distance of 20 feet is required between
structures used for sleeping accommodations.
The Agricultural-Conservation District provides
the opportunity for various recreational uses, such as winter and
summer sports, i.e., snowmobiling, trail bike/motorcycling, ski trails
and related activities. Any development shall require a site plan
review and approval by the Planning Board. These following requirements
must be met:
A.
Such a development shall contain at least 100 acres.
B.
The applicant shall provide a plan drawn to scale
of one inch equals 400 feet and signed by a licensed engineer which
shall contain the following information:
(1)
Existing topographical slopes at ten-foot intervals
and finished grade slopes at the same intervals.
(2)
Layout of all structures and uses, to scale, including
proposed lighting, sewage, water systems, drainage, streets, roads,
parking, easements, etc.
(3)
The application shall also contain an environmental
impact statement that shall address itself to the effects that the
development may have on noise, water, air pollution and aesthetic
environment, including listing alternatives available to minimize
the effects that the development will have on the environment.
C.
No use or structure located in this type of development
shall be located closer than 300 feet to any adjacent property line.
A.
In addition to the information required in the special
permit application of this chapter, the site plan submitted shall
also show the number and location of fuel tanks to be installed, the
dimensions and capacity of each storage tank, the depth the tanks
will be placed below the ground, the number and location of pumps
to be installed and the type of structure and accessory buildings
to be constructed. No service stations shall be erected within 1,500
feet of another station in any direction from lot line to lot line.
B.
The lot and yard specifications shall be as stipulated
in the schedule.[1] All garage and filling station pumps, lubricating or other
automobile service devices shall be located at least 20 feet from
any street line or highway right-of-way. All fuel oil or other flammable
substances shall be stored at least 20 feet distant from any street
or lot lines.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
C.
The entire area of the site traveled by motor vehicles
shall be hard surfaces.
D.
No motor vehicle shall be offered for sale on this
site. No motor vehicle parts or partially dismantled motor vehicles
shall be stored outside of an enclosed building.
E.
Outside the building accessory goods for sale may
be displayed on the pump island and the building island only. The
outdoor display of all oil cans and/or antifreeze and similar products
may be displayed on the respective island if provided for in a suitable
stand or rack.
F.
No vehicles shall be permitted to be standing or parked
on the premises of a motor vehicle service station other than those
used by the employees in the indirect operation of the establishment.
This does not include vehicles being repaired or serviced in daily
operation of the service station.
G.
No motor vehicle service station or public garage
shall be located within 500 feet of any public entrance to a church,
school, library, hospital, charitable institution, or place of public
assembly. Such distance shall be measured in a straight line from
said public entrance to the lot line nearest said entrance along the
street line.
H.
Where such service stations abut a residential zone,
they shall be screened by a buffer area no less than 10 feet in depth
composed of densely planted evergreen shrubbery, solid fencing, or
a combination of both which, in the opinion of the Planning Board,
will be adequate to prevent the transmission of headlight glare across
the zone boundary line. Such buffer screen will have a minimum height
of six feet above finished grade at the highest point of the parking
area. The materials shall be in keeping with the character of the
adjacent residential area. If said shrubbery becomes decayed and fails
to provide adequate screen, the Zoning Inspector may direct the property
owner to replace said shrubs.
I.
All service stations shall be attendant-operated during
business hours.
[Amended 2-13-2006 by L.L. No. 2-2006]
A.
Special use permit and site plan approval requirements.
(1)
Any person who proposes the removal of fewer than
1,000 tons or 750 cubic yards of natural products from the earth within
12 successive calendar months, or expands an existing pit, must obtain
a special use permit from the Planning Board in accordance with the
requirements of this section.
B.
Standards and procedures for small-scale mining.
(1)
Standards for small-scale mines. Before granting a
special use permit, the Planning Board shall determine that:
(a)
All lands to be covered by the permit are owned,
leased, rented or otherwise controlled by the applicant.
(b)
The minimum lot area for any such use shall
be five acres.
(c)
All buildings and structures used in such operation
shall be dismantled and removed or converted to an acceptably approved
use as part of the approved reclamation plan.
(d)
The proposed excavation, quarrying and/or associated
activity will not endanger the stability of adjacent structures nor
constitute a detriment to public health, safety, welfare or convenience
by reason of excessive dust, noise, traffic or other conditions before,
during or after extraction.
(e)
The extraction site will not substantially encircle
any residential or other use without the written consent of the owner
and residents.
(f)
The operation will not adversely affect any
wetland, watercourse, residential, commercial or municipal water supply
or sewage disposal system.
(g)
The operation will not adversely affect any
valuable environmental, scenic, cultural or historic features in the
area.
(h)
Screening may be required in such a manner as
to screen all activities from public view to the extent feasible.
(i)
No excavation or other mine-related activities
shall be conducted within:
(j)
At any given time, the total size of actively
mined areas shall not exceed five acres. Each mined area shall be
reclaimed before beginning the next area to be mined.
(k)
The final slope of the mine shall conform to
the grading specifications contained in the NYSDEC MLRL.
(l)
No mining or other mine-related activities will
be conducted on Sundays or holidays, nor between the hours of 6:00
p.m. and 7:00 a.m. on Mondays through Saturdays. Further restrictions
may be placed on the permit.
(m)
Mining activities at the site are restricted
to excavation and removal of minerals from the site. Processing of
minerals (i.e., washing, screening or mixing with materials from off-site,
etc.) shall be prohibited.
(n)
Appropriate transportation facilities, including
roads and bridges, exist, or can be economically provided, to safely
transport natural products mined within the Town.
(2)
Procedures for small-scale mines.
(a)
In addition to the site plan review application required by Article VIII and fulfilling the requirements of this section, the applicant shall submit the following documents:
(b)
The Town shall bear no costs for those consultant
reviews deemed necessary by the Town pertaining to the project or
the permitting process. Prior to the Town incurring any costs necessary
for its deliberations and chargeable to the applicant, the Planning
Board shall advise the applicant of said costs and obtain the applicant's
agreement to bear such costs.
(c)
The applicant shall furnish the Planning Board
with all information in his possession which might affect its decision.
In addition, the applicant shall be responsible for promptly providing
the Planning Board with any new information or circumstances since
the filing date of the application.
(d)
Any permit, when issued, shall explicitly state
all operating conditions which are necessary to assure compliance
with this section, applicable Town and state laws, ordinances, regulations,
and operational procedures designed to minimize physical and aesthetic
damage to the environment.
(e)
Each extraction site shall be governed by an
individual permit. If an operating group conducts extraction operations
at more than one site in the Town of Naples, his conduct at all sites
shall be considered in determining the provisions of each special
use permit and may be grounds for denial or restriction of such permit.
C.
Review of permits for small-scale mines.
(1)
If approved, the special use permit shall be issued
by the Planning Board for a three-year period, subject to annual inspection
by the Planning Board or its designee, and to revocation for a finding
of noncompliance with any condition of the permit.
(2)
The applicant is required to renew the special use
permit every three years. The Planning Board shall review the history
of the mining operation, the results of the annual inspections, and
the conditions attached to the original permit for possible modifications.
(3)
All holders of permits shall advise the Planning Board
of any change of facts and conditions which might affect their ability
to operate under the permit.
(4)
Immediately after any change of ownership of any extraction
site or the persons or entities directly responsible for its operation,
the new owner or operator shall apply for a new permit, indicating
on the application any existing or anticipated changes from the data,
plans and/or conditions supporting or included in the previous permit.
(5)
Each site shall be inspected for compliance by the
Zoning Enforcement Officer prior to any permit renewal. A written
report of such inspection and its findings shall be made to the Planning
Board. Such inspections may be financed by a fee system established
by the Town Board.
(6)
Each permit shall contain provisions which effect
its suspension in the event of a finding of noncompliance with any
term or condition of operation.
D.
Reclamation standards and requirements for small-scale
mines. The reclamation plan shall meet the following standards and
requirements:
(1)
Timetable. The reclamation plan shall include a timetable
illustrating the progression of reclamation during the permit terms.
(2)
Drainage and water resource protection. All final
site drainage shall be designed, sloped, revegetated or treated by
other measures so that drainage patterns, including volume and outflow
points, will be the same as before the mining occurred, unless an
alteration of patterns would improve drainage in the surrounding area.
Measures must be specified to prevent erosion and sedimentation of
wetlands, watercourses, ponds, and public thoroughfares, and an erosion
and sedimentation plan meeting the criteria contained in New York
Guidelines for Urban Erosion Control and Resource Extraction Management
Practices Cataloge for Nonpoint Source Pollution Prevention and Water
Quality Protection in New York State. These best management practices
shall be approved by the Planning Board. The pre-mining quality of
any underlying aquifer must be preserved.
(3)
Slopes. All mining structures and accessories, as well as means of ingress and egress, shall be subject to the steep slope requirements of § 132-30 of this chapter.
(4)
Reclamation material. All restoration material used
in the final grading of the site shall be free from refuse or toxic
contaminants, and shall be compacted as much as is practical, such
as by installation in layers. All spoil and unused mineral stockpiles
must either be removed from the permit area or utilized during reclamation
of the affected land. All toxic debris and waste, including petroleum
products, shall be removed from the mining site for proper disposal.
(5)
Soil cover. Final soil depths and types shall be appropriate
for the expected reuse specified in the application. Topsoil shall
be respread over the excavated area to a minimum depth of six inches.
If the original soil depth was less than six inches, restoration shall
be to a minimum of the original depth. This restored soil shall be
treated with lime and fertilizer and seeded with a grass or legume
mixture prescribed by New York Guidelines for Urban Erosion Control.
(6)
Topsoil preservation. All topsoil shall be stripped
from the active excavation area and stockpiled on site and seeded
for use in accordance with the reclamation plan. Such stockpiles shall
be treated to minimize the effects of erosion by wind or water upon
public roads, streams or adjacent property.
(7)
Revegetation. Revegetation of the site to control
dust and erosion and to restore the natural character is required.
The operator shall maintain the vegetation for two growing seasons
to ensure viability. Standards and specifications for revegetation
shall be in accordance with recommendations of the New York Guidelines
for Urban Erosion Control.
(8)
Surety requirements. After the approval of the application
and before the issuance of any permit, a letter of credit in an amount
approved by the Town Planning Board shall be required. The letter
of credit, certified check, or other surety as allowed by law shall
guarantee that the work shall be in conformity with the permit requirements
and the standards set forth in this section, and provide fluids for
the restoration of the property by the Town, if necessary.
E.
Applicability and registration requirements for preexisting
small-scale mines. The following regulations shall apply to preexisting
small-scale mines. All small-scale mines legally existing as of the
date of the enactment of this chapter shall be grandfathered from
the application of this chapter, except for the renewal and registration
requirements listed below.
(1)
Renewal.
(b)
Any small-scale mine which was established without the issuance of the necessary special use permit or other applicable Town permits or has ceased operations for a period of two years, pursuant to § 132-52E of this chapter, shall not be grandfathered pursuant to this chapter. Reestablishment of the operation of the mine or continued operation shall require the issuance of a special use permit pursuant to this section and § 132-33.
(2)
Registration.
(a)
Legally existing small-scale mines operating
under a valid special use permit or those operating prior to the 1974
adoption of zoning shall be required to register as a condition for
the continued operation of the small-scale mine under the requirements
of this chapter.
(b)
Requests for registration shall be made to and
on forms provided by the Town Clerk, on behalf of the Planning Board.
The Planning Board will determine the appropriateness of each request
upon review of the information presented.
(c)
One year from the enactment of this chapter
or the expiration date of an existing special use permit, whichever
comes first, shall be given for those small-scale mines eligible to
register.
(d)
Operation of an unregistered mine pursuant to
this section shall constitute a violation of this chapter and shall
be remedied by the Town Board pursuant to applicable local and state
laws.
(e)
The following information shall be presented
for registration:
[1]
Evidence that the small-scale mining operation
legally existed prior to the adoption of the 1974 Zoning Law.
[2]
A copy of the existing special use permit and
any other accompanying information.
[3]
Information verifying that the small-scale mine
is operating on an established basis.
[4]
A map showing the limits of the small-scale
mine, and that portion which is currently being mined.
(3)
Findings. Upon review of the information, the Planning
Board shall make a finding pursuant to the provisions of this chapter
in either one of two instances:
(a)
The Planning Board shall make a finding that
the preexisting small-scale mine is eligible for registration, and
shall direct the Zoning Enforcement Officer to:
[1]
In the case of a legally preexisting small-scale
mine in operation prior to the adoption of the 1974 Zoning Law, issue
a certificate of preexisting nonconformity to the fee owner of the
property; or
(b)
The Planning Board shall make a finding that the preexisting small-scale mine is not eligible for registration and shall direct the Planning Board Secretary to notify the fee owner of the property, within five business days of the decision of the Board, that reestablishment of the operation of the mine or continued operation shall require the issuance of a special use permit pursuant to this section and § 132-33.
(4)
Time. Requests for a certificate of preexisting nonconformity
after the one-year registration period shall be decided by the Zoning
Board of Appeals.
No zoning permit shall be issued within the
floodplain unless approved by the Planning Board and upon the recommendation
of the Town Engineer. The Planning Board and/or Engineer shall be
guided by the following standards:
A.
Any structure permitted shall be designated, constructed
and placed on the lot so as to offer minimum obstruction to the flow
of water. This provision shall also apply to any lot to be located
in the floodplain.
B.
Any structure permitted shall be firmly anchored to
prevent the structure from floating off the foundation. All foundations
shall be designated to withstand the one-hundred-year flood and all
structures to be placed on such foundations shall be located above
the high-water mark of the one-hundred-year flood.
C.
Where, in the opinion of the Planning Board and/or
Engineer, topographical data, engineering, and other studies are needed
to determine the effects of flooding on a proposed structure and/or
effect of the structure on the flow of water, the Planning Board and/or
Engineer may require the applicant to submit such data, prepared and
signed by a licensed engineer.
D.
The granting of approval of any use or structure shall
not constitute a representation, guaranty or warranty of any kind
and shall create no liability upon or cause action against such public
body, officer or employee for any damage that may result pursuant
thereto.
A.
Conditions of a special use permit for mobile home
parks.
(1)
The Planning Board may impose additional conditions
or restrictions as it may deem necessary prior to approving any special
use permit in order to protect public health and safety, the quality
of the town's natural resource base and the value of property.
(2)
The special use permit, if granted, will also contain
the following conditions:
(a)
The permit is valid for a period of one year
after issuance, but is renewable for each year if the owner of the
park is in compliance with the conditions of this chapter or the conditions
stated in the special use permit. The Zoning Enforcement Officer or
any other designated person authorized by the Town Board shall be
permitted to examine the premises at any reasonable time to inspect
the park.
(b)
The special use permit for the mobile home park
may be transferred if such application for transfer is approved by
the Town Board of Naples. Such transfer fee shall be $5 per lot or
$200, whichever is greater.
B.
General use, size, and setback requirements.
(1)
Minimum area: five acres; minimum lot size: 7,200
square feet; minimum width: 60 feet.
(2)
Minimum setback: front yard, 25 feet; rear and side
yard, 10 feet.
(3)
No mobile home shall be located closer than 100 feet
to a highway or street line and no closer than 100 feet from any adjacent
property line.
(4)
No mobile home park shall contain more than 50 units.
(5)
No individual mobile home shall contain less than
700 square feet in area.
C.
General requirements for mobile home parks.
(1)
Skirting. Each mobile home shall be required to enclose
the bottom section of the mobile home with either metal or wood skirts
or enclosures within 30 days after arrival in park. Such skirts or
enclosures shall be uniform in appearance, in design and type.
(2)
Entrance platform. Each mobile home shall be provided
with an entrance platform of concrete asphalt or equivalent at least
eight feet by 10 feet and four inches in depth. This platform will
be located at the main entrance to the mobile home and may act as
base for railings and steps for the mobile home. This platform may
also be called the patio area.
(3)
Accessory buildings on individual lots or stands.
One accessory building, not exceeding 100 square feet, is permitted.
This building must be of a building material that is approved by the
Town of Naples Planning Board. This building may be of a preconstructed
material, but may not be located closer than 10 feet to the side or
rear lot line and must be in the back 50 feet of the lot.
(4)
Parking areas. Each mobile home lot must have two
parking spaces, preferably off street. Parking facilities may be provided
so that each mobile home lot would have one off-street parking area.
A common parking area may be utilized for second vehicle parking area
and guest parking and for delivery and service vehicles. Each parking
space must have a minimum of 250 square feet. No on-street parking
shall be permitted. Parking spaces shall be provided for all park
service buildings and meeting provisions of this chapter. No boats,
camp haulers, trailers or motor vehicles not designed for passengers
shall be parked or stored at any place within the mobile home park
except in designated areas. No unlicensed motor vehicles or trailers
or parts thereof or junk of any nature or description shall be parked
or stored within the mobile home park.
(5)
Sidewalks. Sidewalks may be required by the Planning
Board. Said sidewalk must be of concrete, macadam or hard surface.
(6)
Screen; fences and walls. Fences and walls shall be
provided in lieu of screening shrubbery. These items shall be provided
around areas which, because of height or other factors, constitute
a hazard to the public or property.
(7)
Landscaping. Proper landscaping, if appropriate, may
be required by the Planning Board.
(8)
Fire protection. Suitable fire apparatus and/or communication
with local fire department shall be provided.
(9)
Roadway; access. The entrance road connecting the
mobile home park streets with a public road or street shall have a
minimum road pavement width of 20 feet, or a total of 36 feet, including
right-of-way. It is recommended that a separate access and egress
be provided where appropriate. The road shall be constructed of blacktop
or equivalent.
(10)
Internal streets.
(a)
The width of all internal streets must be at
least 20 feet, with an additional five feet right-of-way provided
for on each side.
(b)
All streets shall be constructed of blacktop
or equivalent of same or shall be designated, graded and leveled as
to permit safe passage of emergency and other vehicles at a speed
of 15 miles per hour.
(c)
Each street shall be named and each mobile home
located therein will be given a permanent number which shall be affixed
to a numbering post and shall be visible from the street.
(11)
Lighting. Streets and parking areas should be
illuminated from dusk to dawn with lighting meeting the recommendations
of the utility company.
(12)
Sanitary facilities; water. An adequate supply
of water shall be provided for mobile homes, service buildings and
other accessory buildings as required by this chapter. Where public
water is available, connection shall be used exclusively unless local
authorities deem otherwise. If a public water supply system is not
available, the development of a private water supply system shall
be approved by the health authority or other authorities having jurisdiction
thereof.
(13)
Sewage.
(a)
An adequate and approved system shall be provided
in all parks for conveying and disposing of sewage from mobile homes,
service buildings and other accessory facilities.
(b)
Approval by the Department of Health or appropriate
agency is required before any permit or license may be issued.
(c)
Sewage treatment and/or discharge. Where the
sewer lines of the mobile home park are not connected to a public
sewer, all proposed disposal facilities shall be approved by the Department
of Health prior to construction. All sewage connections shall be no
more than 12 inches from the mobile home.
(e)
Garbage and refuse. Each mobile home park shall
provide evenly distributed and centrally located sanitary disposal
centers, preventing litter of ground and premises with rubbish, garbage
and refuse in disposal containers.
(f)
Burning. No garbage or refuse of any kind shall
be burned.
(14)
Electrical distribution system and individual
electric. All wiring fixtures and connections must meet the approval
of a certified electrical inspector. Each mobile home shall be supplied
with not less than a 100 amp service. If the mobile home is to be
heated electrically, then a 200 amp service will be required. All
electrical wiring shall be placed below ground. All grounding wiring
in mobile homes must be required.
(15)
Fuel supply and storage; general requirements.
All fuel oil supply systems provided for mobile homes, service buildings
and other structures shall be installed and maintained in conformity
with the rules and regulations of the authority having jurisdiction
when provided.
(16)
Specific requirements.
(17)
Gas supply, natural.
(a)
Natural gas piping systems installed in mobile
home parks shall be maintained in conformity with accepted engineering
practices.
(b)
Each mobile home lot provided with piped gas
shall have an approved shutoff valve and cap to prevent accidental
discharge of gas.
(c)
Proper planning and early communication with
utility company is recommended to provide necessary easement by utility
companies, i.e., gas, electricity and telephone.
(18)
Liquefied gas.
(a)
Such system shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(b)
System shall have at least one accessible means
for shutting off gas. This means shall be located outside of individual
mobile home.
(c)
All liquid propane gas piping shall be well
supported and protected against mechanical injury.
(d)
Storage tanks shall not be less than 20 pounds
and must be located at rear of mobile home or side away from street
and no closer than five feet from any exit.
(e)
It is recommended that a central underground
gas storage system be furnished.
(19)
Recreational areas and open spaces.
(a)
Every mobile home park shall have a minimum
of 5,000 square feet of recreation area for the public use of persons
living in the park and no less than 200 square feet per mobile home.
(b)
The Planning Board, as condition of approval,
may establish such condition on the ownership, use and maintenance
of open spaces for their intended purposes.
(c)
It is recommended that this recreation area
be centrally located, but other areas may be better utilized for this
purpose depending on topography and location of mobile home park.
(d)
Design of such areas shall be appropriate for
intended use and location.
(20)
Service buildings may be consolidated so that
essential services and management operations may be in one building.
Single construction is preferable if service buildings would adequately
serve all mobile home lots.
(21)
Sales.
(a)
Sale of lots in mobile home park. No mobile
home lot shall be sold within a mobile home park.
(b)
Mobile home sales. New mobile homes may be offered
for sale within a mobile home park by the owner of the park and shall
be displayed as any occupied mobile home. Such displays limited to
two models.
(22)
Other requirements. Any application for a special
use permit to construct a mobile home park or expanding existing park
where allowed by this chapter must contain the following information:
(a)
Map drawn to a scale of one inch equals 50 feet
by a licensed engineer or surveyor showing all roads, streets and
widths thereof, location of all mobile homes and all accessory buildings.
(b)
Location of all parking areas, recreational
areas, lighting and other utilities.
(c)
Any unusual or special land features, including
areas subject to flooding and areas of slope in excess of 15°.
(d)
Abutting property owners within 500 feet of
the property boundaries and present structures on these properties.
(e)
Present and proposed drainage systems including
plans for protecting adjacent properties.
(f)
The filing fee for a special use permit for
a mobile home park, which shall be $25 or $5 per lot, whichever is
greater.
D.
Duties of the park owner.
(1)
The park owner shall provide for adequate snow removal
and adequate refuse collection.
(2)
The park owner shall provide for full-time supervision
of park premises.
(3)
The park owner or his designated operator shall maintain
an accurate record of the make, model number and year of each mobile
home and shall provide the Tax Assessor of the Town of Naples with
this information no later than 14 days after arrival or departure
of a mobile home.
A.
Intent. The intent of these regulations is to promote
the health, safety, and general welfare of the residents of the Town
of Naples. Specifically, these regulations are intended to:
(1)
Provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations.
(2)
Minimize the number of telecommunications towers in
the community by encouraging shared use of existing and future towers,
and use of existing tall buildings and other high structures.
(3)
Minimize adverse visual effects from telecommunications
facilities by requiring careful siting, visual impact assessment,
and appropriate screening.
(4)
Protect the natural features and aesthetic character
of the Town of Naples with special attention to open space, vistas,
farm land, steep slopes and wooded areas.
B.
Applicability.
(1)
No telecommunications facility shall be used, erected,
moved, reconstructed, changed or altered except after approval of
a special use permit, site plan, and in conformity with these regulations.
No existing structures shall be modified to serve as a telecommunications
facility unless in conformity with these regulations.
(2)
Exemptions to these regulations are limited to:
(a)
New uses which are accessory to residential
uses, such as satellite dishes and television antenna(s);
(b)
Amateur radio operators as licensed by the Federal
Communications Commission (FCC);
(c)
Lawful or approved uses existing prior to the
effective date of these regulations; and
(d)
Where these regulations conflict with other
laws and regulations of the Town of Naples, the more restrictive shall
apply, except for tower height restrictions which are governed by
these special use permit standards.
C.
General requirements.
(1)
No special use permit or renewal thereof or modification
of a current special use permit relating to a telecommunications facility
shall be authorized by the Planning Board unless the Planning Board
finds that such telecommunications facility:
(a)
Is necessary to meet the current or expected
demand for service;
(b)
Conforms with all applicable regulations promulgated
by the Federal Communications Commission (FCC), Federal Aviation Administration
(FAA), and other federal agencies;
(c)
Is considered a public utility in the State
of New York;
(d)
Is designed and constructed in a manner which
minimizes visual impact to the extent practical;
(e)
Is the most appropriate site among those available
within the technically feasible area for the location of a telecommunications
facility;
(f)
When including the construction of a tower,
such tower is designed to accommodate future shared use by at least
one other telecommunications service provider. Any subsequent location
of telecommunications equipment by other service providers on existing
towers specifically designed for shared use shall not require a new
or modified special use permit if there would be no increase in the
height of the tower. However, the additional equipment will require
site plan approval.
(2)
A site plan, in conformance with Article VIII of this chapter. The site plan shall show elevation, height, width, depth, types of materials, color schemes, and other relevant information for all existing and proposed structures, equipment, parking and other improvements. The site plan shall also include a description of the proposed telecommunications facility, and such other information that the Planning Board requires.
(3)
All applications for installation of a telecommunications
facility shall be accompanied by a report containing the information
hereinafter set forth and sealed by a duly authorized New York State
licensed professional engineer:
(a)
Name(s) and address(es) of person(s) preparing
the report;
(b)
Name(s) and address(es) of the property owner,
operator, and applicant;
(c)
Postal address and block and lot or parcel number
of the property;
(d)
Zoning district in which the property is located;
(e)
Size and dimensions of the property and the
location of all lot lines;
(f)
Location of nearest residential structure;
(g)
Location of nearest occupiable structure;
(h)
Location of all structures on the property which
is the subject of the application;
(i)
Location, size and height of all proposed and
existing antenna(s) and all appurtenant structures;
(j)
The number, type and design of the tower and
antenna(s) proposed and the basis for the calculations of tower and
system capacity;
(k)
The make, model and manufacturer of the tower
and antenna(s);
(l)
A description of the proposed tower and antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above grade, materials, color and lighting;
(m)
The frequency, modulation and class of service
of radio equipment;
(n)
Transmission and maximum effective radiated
power of the antenna(s);
(o)
Direction of maximum lobes and associated radiation
of the antenna(s);
(p)
Applicant's proposed tower maintenance and inspection
procedures and records system;
(q)
Certification that NIER levels at the proposed
site are within threshold levels adopted by the FCC;
(r)
Certification that the proposed antenna(s) will
not cause interference with existing communication devices;
(s)
Certification that the tower and attachments
meet all state and federal structural requirements for loads, wind,
ice fall zone specifications, etc.;
(t)
A written statement wherein the applicant agrees
to defend and indemnify the Town of Naples and any of its servants,
agents or employees from any and all claims made in connection with
the installation, construction, use or operation of the telecommunications
facility;
(u)
A copy of the FCC license;
(v)
Certification that the applicant has utility
status from New York State and the Public Service Commission.
(4)
A completed environmental assessment form (EAF), including
a visual EAF addendum, pursuant to State Environmental Quality Review
(SEQR). Particular attention shall be given to the visibility of the
facility from key viewpoints identified in the visual EAF addendum,
existing tree lines and proposed elevations.
(5)
A landscape plan delineating the existing trees or
areas of existing trees to be preserved, the location and dimensions
of proposed planting areas, including the size, type and number of
trees and shrubs to be planted, curbs, fences, screening elevations
of fences and material used.
(6)
A safety analysis of the electromagnetic environment
surrounding the proposed telecommunications facility must accompany
any special use permit or site plan application, modification, or
renewal thereof. The safety analysis shall be prepared by a qualified
electromagnetic engineer. The safety analysis must demonstrate that
the general public electromagnetic radiation exposure does not exceed
the standards set by federal regulations.
(7)
The Planning Board may, at the expense of the applicant,
employ its own consulting assistance to review the findings and conclusions
of the safety analysis, visual analysis, or structural inspection
provided by the applicant.
(8)
The applicant shall, in writing, identify and disclose
the number and locations of any additional sites that the applicant
is or will be considering, reviewing, or planning for telecommunications
facilities in the Town of Naples, including the Village of Naples
and all towns adjacent to Naples, for a two-year period from the date
of the application.
D.
Collocation.
(1)
At all times, shared use of existing towers shall
be required. Additionally, where such shared use is unavailable, location
of antenna(s) on preexisting structures shall be considered. An applicant
shall be required to submit a detailed report inventorying existing
towers within reasonable distance (two to four miles) of the proposed
site and outlining opportunities for shared use of existing facilities
and use of other preexisting structures as an alternative to new construction.
(2)
The applicant must demonstrate that the proposed telecommunications
facility cannot be accommodated on existing telecommunications facility
sites in the inventory due to one of the following reasons:
(a)
The planned structure would exceed the structural
capacity of existing and approved telecommunications facilities, or
other structures, considering existing and planned uses for those
facilities;
(b)
The planned equipment would cause radio frequency
interference with existing or planned equipment, which cannot be reasonably
prevented;
(c)
Existing or approved telecommunications facilities
or structures do not have space on which proposed equipment can be
placed so it can function effectively and reasonably;
(d)
Other technical reasons make it impractical
to place the equipment proposed by the applicant on existing facilities
or structures;
(e)
The property owner or owner of the existing
telecommunications facility or other structure refuses to allow such
collocation.
(3)
An applicant intending to share use of an existing
tower shall be required to document intent from an existing tower
owner to share use. The applicant shall pay all reasonable fees and
costs of adapting an existing tower or structure to a new shared use.
Those costs include but are not limited to structural reinforcement,
preventing transmission or receiver interference, additional site
screening and other changes including real property acquisition or
lease required to accommodate shared use.
(4)
In the case of new towers, the applicant shall be
required to submit a report demonstrating good faith efforts to secure
shared use from existing towers. Written requests and responses for
shared use shall be provided.
(5)
The applicant shall agree to design, build or modify
the tower to accommodate up to two additional telecommunications facilities
should there be a need or future need for such services. The scope
of this analysis shall be determined by the Planning Board. This requirement
may be waived, provided that the applicant demonstrates that the provision
of future shared usage of the facility is not feasible and is an unnecessary
burden, based upon:
(a)
The number of FCC licenses presently available
and in the foreseeable future within the proposed service area;
(b)
The kind of tower site and structure proposed;
(c)
The number of existing and potential licenses
without tower spaces/sites;
(d)
Available spaces on existing and approved towers;
and
(e)
Potential significant adverse visual impact
by a tower designated for shared use.
E.
Height, maximum.
(1)
No telecommunications tower, including antenna(s)
thereon, shall exceed 199 feet in height above finished grade elevation.
The applicant shall submit documentation justifying the height of
any telecommunications tower and/or antenna.
(2)
The Planning Board may waive the maximum height restriction
in the event the applicant submits documentation demonstrating an
engineering necessity in order to obtain adequate service area coverage.
F.
Lighting, screening and aesthetics.
(1)
Towers shall not be artificially lighted, including
strobe lights, or marked except to assure human safety as required
by the Federal Aviation Administration (FAA). Towers should be designed
and sited so as to avoid, whenever possible, application of FAA lighting
and painting requirements. However, an applicant may be required to
add FAA-style lighting and marking if, in the judgment of the Planning
Board, such a requirement would be of direct benefit to public safety.
(2)
The facility shall have the least practical visual effect on the environment, as determined by the Planning Board. Any tower that is not subject to FAA marking pursuant to Subsection F(1) of the section shall:
(a)
Have a galvanized finish, or shall be painted
gray above the surrounding tree line, and gray or green below the
tree line, as deemed appropriate by the Planning Board; or
(b)
Be disguised or camouflaged to blend in with
the surroundings, to the extent that such alteration does not impair
the ability of the facility to perform its designed function.
(3)
Accessory facilities shall maximize the use of building
materials, colors, and textures designed to blend in with the natural
surroundings.
(4)
In addition to a visual EAF addendum, the Planning
Board may require visual and aesthetic information it deems appropriate
on a case-by-case basis. Such additional information may include,
among other things, line-of-sight drawings and/or visual simulations.
(5)
Proposed telecommunications facilities shall have
appropriate vegetative screening around the tower base area and any
accessory facilities to screen its view from neighboring residences,
recreation areas, or public roads. Such screening shall include the
maximum feasible retention of existing vegetation. The Planning Board
may similarly require screening to adjacent waterways, landmarks,
refuges, community facilities, or conservation or historic areas within
common view of the public.
G.
Signage. Telecommunications facilities shall have
a sign no larger than two square feet to provide adequate notification
to persons in the immediate area of the presence of an antenna that
has transmit capabilities. The sign shall also contain the name(s)
of the owner(s) and operator(s) of the antenna(s), as well as emergency
phone number(s). No other signage, including advertising, shall be
permitted on any telecommunications facility, unless required by federal
or state regulation.
H.
Access and parking.
(1)
Accessways shall make maximum use of existing public
or private roads to the extent practical. New accessways constructed
solely for telecommunications facilities do not have to be improved
to meet the road construction standards adopted by the Town of Naples.
However, accessways shall be suitably improved to the satisfaction
of the Planning Board in order to accommodate access for emergency
vehicles. New accessways shall be at least 20, but no more than 30,
feet wide, and closely follow natural contours to assure minimal visual
disturbance and reduce soil erosion potential.
(2)
Parking areas shall be sufficient to accommodate the
greatest number of service vehicles expected on the premises at any
one time.
(3)
Driveways or parking areas shall provide adequate
interior turnaround, such that service vehicles will not have to back
out onto a public thoroughfare.
(4)
Equipment or vehicles not used in direct support,
renovation, additions or repair of any telecommunications facility
shall not be stored or parked on the facility site.
I.
Fencing and security.
(1)
Towers and accessory facilities shall be surrounded
by a fence or wall at least eight feet in height of a reasonable design
approved by the Planning Board, but with limited visual impact. Barbed
wire is not to be used in residential areas or on public property
unless specifically permitted by the Planning Board as part of the
site plan review.
(2)
Security lighting around the base of a tower or accessory
facility shall be prohibited.
(3)
There shall be no permanent climbing pegs within 30
feet of the ground of any tower.
(4)
A locked gate at the junction of the accessway and
public thoroughfare may be required to obstruct entry by unauthorized
vehicles. Such gate must not protrude into the public right-of-way.
J.
Setback and lot size minimums. Telecommunications
towers shall be located or sited a distance from all property lines,
which distance shall be equal to the fall zone area of the tower plus
50 feet, as measured from the base of the tower. The fall zone area
of any telecommunications tower shall be certified in writing by the
applicant's licensed professional engineer.
K.
Engineering and maintenance.
(1)
All telecommunications facilities shall be built,
operated and maintained to acceptable industry standards, including
but not limited to the most recent, applicable standards of the Institute
of Electronic and Electronic Engineers (IEEE) and the American National
Standards Institute (ANSI).
(2)
All telecommunications facilities shall be inspected,
at the applicant's expense, at least every fifth year for structural
integrity by a New York State licensed professional engineer. A copy
of the inspection report shall be submitted to the Planning Board.
L.
Removal.
(1)
The applicant shall submit an agreement, in writing,
to remove all towers, antenna(s), accessory facilities, etc., if such
facilities become technically obsolete or cease to be used for their
originally intended purpose for more than 12 consecutive months. Upon
removal of said facilities, the land shall be restored to its previous
condition, including but not limited to the seeding of exposed soil.
(2)
The applicant must submit an analysis, certified by
a New York State licensed professional engineer, of the cost of removal
of the telecommunications facility and surrounding property restorations.
(3)
Prior to obtaining a building permit, the applicant
must provide a financial security bond for the removal of the telecommunications
facility, with the Town of Naples as the designated assignee, in an
amount approved by the Planning Board, but not less than $100,000.
[Added 7-10-2006 by L.L. No. 7-2006]
A.
B.
Wind turbine criteria.
[Amended 7-8-2013 by L.L.
No. 4-2013[1]]
(1)
Setbacks, ice and blade throws.
(a)
Setbacks from adjacent property lines, rights-of-way, easements,
public highways and/or transmission and distribution power lines (not
applicable to individual lines to residences or other structures from
distribution lines) shall be three times the maximum height of the
wind turbine tower, including maximum blade elevation, or two times
the maximum ice or blade throw distance measured to the point of ground
impact, whichever is greater as certified to by a licensed engineer.
(b)
Such setback may be waived by the owner of the property otherwise
benefited by such setback. The wavier must specifically identify the
property otherwise benefited by such setback requirement. The waiver
must specifically identify the subject property by address, deed recording
information as to liber and page, Tax Map parcel number, and owner's
(owners') name and address and contain definitive language waiving
the setback. The waiver must be executed in the form required for
a deed to be recorded and recorded in the office of the County Clerk
of the county in which the subject property is located.
(2)
Wind turbine density. One wind turbine is permitted
per parcel.
(3)
Noise level limit.
(a)
Individual wind turbines shall be located with relation to property
lines so that the level of noise produced shall not exceed average
ambient noise level plus 6 dbA measured at any boundary line or existing
residence in the Town of Naples or elsewhere.
(b)
Such noise level limit may be waived by the owner of any property
otherwise benefited by that noise level limit. The waiver must specifically
identify the subject property by address, deed recording information
as to liber and page, Tax Map parcel number, owner's (owners')
name and address and definitive language waiving the noise level limit.
The waiver must be executed in the form required for a deed to be
recorded and recorded in the office of the County Clerk of the county
in which the subject property is located.
(4)
Guy wires/support cables. All guy wires or support
cables shall be marked with high-visibility orange or yellow sleeves
from ground level to a point 10 feet above the ground. Setbacks for
wind turbine guy wires or support cables shall be a distance of not
less than 50 feet from the nearest property boundary line.
(5)
Lighting. No wind turbine tower shall be lighted
artificially unless such lighting is required by a state or federal
agency. Use of nighttime, and overcast daytime condition, stroboscopic
lighting to satisfy tower facility lighting requirements for the Federal
Aviation Administration shall be subject to on-site field testing
as a prerequisite to the Planning Board's approval, with specific
respect to existing residential or commercial uses within 2,000 feet
of each wind turbine tower for which such strobe lighting is proposed.
(6)
Scenic view impact. No wind turbine shall be
installed in a location where the Planning Board determines the wind
turbine to be detrimental to the general neighborhood character. Final
determination of permissible wind turbine tower height and location
on a lot shall be decided by the Planning Board as part of the site
plan review. No individual wind turbine tower facility shall be installed
in any location that would substantially block a portion of a scenic
view from any public road right-of-way, publicly owned land or privately
owned land within the Town of Naples.
(7)
Broadcast interference.
(a)
No individual wind turbine facility shall be
installed in any location along the major axis of an existing microwave
communications link where its operation will produce electromagnetic
interference in the link's operation.
(b)
No individual wind turbine facility shall be
installed in any location where its proximity with existing fixed
broadcast, retransmission or reception antennas (including residential
reception antennas) for radio, television, or wireless phone or other
personal communication systems would produce electromagnetic interference
with signal transmission or reception.
(c)
The recipient of the special use permit must
correct any unforeseen interference to the satisfaction of the Code
Enforcement Officer within 60 days of any complaint.
(8)
Location on lot. Wind turbine location is not
restricted to rear or side yards on a lot. The Planning Board shall
address the specific location on the lot during site plan review.
[1]
Editor’s Note: Section 7 of this local law stated that
it would supersede the applicable sections of Article 16 of the Town
Law, including, but not necessarily limited to, §§ 130,
261, 262, 263, 264, 265, 267, 268, 269 and 274-a, and Executive Law
§ 381 to the extent inconsistent with the same and to the extent
permitted by the New York State Constitution, the Municipal Home Rule
Law or any other statute determined to be in conflict with the provisions
hereof as pertains to industrial wind turbine towers and/or industrial
wind energy facilities, as defined herein.
C.
Specifications.
(1)
Maximum height. Maximum height of a wind turbine
tower shall be 150 feet measured from ground level to the maximum
elevation of the wind turbine blade.
(2)
Kilowatt limit. No residential wind turbine
shall have a generating capacity in excess of 20 kilowatts.
(3)
Color. Residential wind turbines must be finished
in a color or colors acceptable to the Planning Board. Such colors(s)
shall be compatible with the environment of the wind turbine location
and shall be specified as a condition of the permit.
(4)
Tower type. Lattice and solid tube type wind
turbine towers are permitted.
(5)
Design and specifications. Detailed design specifications
will be required as part of the special use and site plan review processes.
The level of detail of the design specifications shall be determined
by the Planning Board.
(6)
Bird migration study. No bird migration study
shall be required for residential wind turbine special use and site
plan applications.
(7)
Ice buildup sensors. Ice buildup sensors shall
not be required for residential windmills.
(8)
Wind turbine electric power line. All electric
power transmission lines from the wind turbine shall be underground.
(9)
Blade tip to ground distance. The lowest elevation
of the wind turbine blade rotation path shall not be less than 15
feet from ground level.
D.
Notice and safety considerations.
(1)
Signs.
(a)
Caution signs. Caution signs shall be placed
at the setback limits warning of ice and blade throws. Signs shall
be placed at one-hundred-foot intervals around the circumference of
the setback area and shall be between four feet and six feet above
ground level. Said signs shall be a minimum of one square foot and
no larger than two square feet. Each sign shall have "CAUTION: WATCH
FOR FALLING OBJECTS" printed thereon. In addition, the owner's name
and address shall be printed thereon.
(b)
There shall be no other signs affixed to the
windmill, accessory buildings or enclosure.
(2)
Fencing. Access to the tower shall be limited
either by means of a fence six feet in height enclosing the tower
base with a locking gate or by limiting tower climbing apparatus to
no less than 12 feet above ground level.
(3)
Blade, tip speed inhibitor. To be permitted,
a wind turbine shall, as part of its operating mechanism, contain
an automatic braking, governing, or feathering system to prevent uncontrolled
rotation, overspeeding, and excessive pressure on the tower structure,
rotor blades, and/or turbine components.
E.
Operating considerations.
(1)
Removal upon cessation of operation. Any wind
turbine, which has not been in active and continuous service for a
period of one year, shall be removed from the premises within 90 days
thereafter to a place of safe and legal disposal. Any and all structures,
guy cables, guy anchors and/or enclosure accessories to such wind
turbine shall also be removed.
(2)
Building and grounds maintenance. Any damaged
or unused parts shall be removed from the premises within 30 days
or kept in an on-site storage building. All maintenance equipment,
spare parts, oil, and other maintenance supplies shall also be kept
in an on-site storage building.
(3)
Ownership changes. In the event of the change
of ownership of a lot upon which a wind turbine is located pursuant
to a special use permit, the special use permit shall continue in
effect. All conditions of the special use permit, including bonding,
letters of credit or continuing certification requirements of the
original owner, will become obligations of succeeding owners.
(4)
Wind turbine modifications. Any and all modifications,
additions, deletions or changes to wind turbines that operate under
a special use permit, whether structural or not, shall be made by
special use permit, except that such special use permit shall not
be required for repairs which become necessary in the normal course
of use of such wind turbines or become necessary as a result of natural
forces, such as wind or ice.
F.
Certifications.
(1)
Routine inspection report. An inspection report
prepared by an independent professional engineer licensed in the State
of New York will be required at the time of installation of a wind
turbine tower. Such report shall be filed with the Code Enforcement
Officer prior to commencement of operation of the wind turbine.
(2)
Insurance, liability. Prior to issuance of a
building permit, the applicant shall provide the Code Enforcement
Officer with proof, in the form of a duplicate insurance policy or
a certificate issued by an insurance company, of liability insurance,
in an amount to be determined by the Planning Board in consultation
with the Town's insurance agent, to cover damage or injury which might
result from the failure of a wind turbine tower, wind turbine or any
part(s) thereof.
(3)
Certification of standards. The applicant shall
show that all applicable manufacturer's, New York State and federal
standards for the construction, operation and maintenance of the proposed
wind turbine have been met or are being complied with. Wind turbines
shall be constructed, operated and maintained to the standards of
the Institute of Electrical and Electronic Engineers (IEEE) and the
American National Standards Institute (ANSI). The applicant for a
wind turbine special use permit shall furnish evidence, over the signature
of a professional engineer licensed to practice in the State of New
York, that such wind turbine is in compliance with such standards.
(4)
Removal bond. The applicant, after a special
use permit has been approved and before a building permit is issued,
shall submit a letter of credit or other acceptable surety sufficient
to ensure the removal if the use of the wind turbine is discontinued.
The Town Engineer and the Town Attorney shall judge this letter of
credit or other surety adequate and satisfactory before a building
permit is issued.
[Added 7-10-2006 by L.L. No. 7-2006]
A.
B.
Wind turbine criteria.
[Amended 7-8-2013 by L.L.
No. 4-2013[1]]
(1)
Setbacks, ice and blade throws.
(a)
Setbacks from adjacent property lines, rights-of-way, easements,
public highways and/or transmission and distribution power lines (not
applicable to individual lines to residences or other structures from
distribution lines) shall be three times the maximum height of the
wind turbine tower, including maximum blade elevation, or two times
the maximum ice or blade throw distance measured to the point of ground
impact, whichever is greater as certified to by a licensed engineer.
(b)
Such setback may be waived by the owner of the property otherwise
benefited by such setback. The wavier must specifically identify the
otherwise benefited property. The waiver must specifically identify
the subject property by address, deed recording information as to
liber and page, Tax Map parcel number, and owner's (owners')
name and address and contain definitive language waiving the setback.
The waiver must be executed in the form required for a deed to be
recorded and recorded in the office of the County Clerk of the county
in which the subject property is located.
(2)
Wind turbine density. One wind turbine is permitted
per parcel, except upon showing to the satisfaction of the Planning
Board that more than one wind turbine is required for the implementation
of a development project.
(3)
Noise level limit.
(a)
Individual wind turbines shall be located with relation to property
lines so that the level of noise produced shall not exceed average
ambient noise level plus 6 dbA measured at any boundary line or existing
residence in the Town of Naples or elsewhere.
(b)
Such noise level limit may be waived by the owner of any property
otherwise benefited by that noise level limit. The waiver must specifically
identify the subject property by address, deed recording information
as to liber and page, Tax Map parcel number, owner's (owners')
name and address and definitive language waiving the noise level limit.
The waiver must be executed in the form required for a deed to be
recorded and recorded in the office of the County Clerk of the county
in which the subject property is located.
(4)
Guy wires/support cables. All guy wires or support
cables shall be marked with high-visibility orange or yellow sleeves
from ground level to a point 10 feet above the ground. Setbacks for
wind turbine tower guy wires or support cables shall be a distance
of not less than 50 feet from the nearest property boundary line.
(5)
Lighting. No wind turbine tower shall be lighted
artificially unless such lighting is required by a state or federal
agency. Use of nighttime, and overcast daytime condition, stroboscopic
lighting to satisfy tower facility lighting requirements for the Federal
Aviation Administration shall be subject to on-site field testing
as a prerequisite to the Planning Board's approval, with specific
respect to existing residential or commercial uses within 2,000 feet
of each wind turbine tower for which such strobe lighting is proposed.
(6)
Scenic view impact. No wind turbine shall be
installed in a location where the Planning Board determines the wind
turbine to be detrimental to the general neighborhood character. Final
determination of permissible wind turbine tower height and location
on a lot shall be decided by the Planning Board as part of the site
plan review. No individual wind turbine tower facility shall be installed
in any location that would substantially block a portion of a scenic
view from any public road right-of-way, publicly owned land or privately
owned land within the Town of Naples.
(7)
Broadcast interference.
(a)
No individual wind turbine facility shall be
installed in any location along the major axis of an existing microwave
communications link where its operation will produce electromagnetic
interference in the link's operation.
(b)
No individual wind turbine facility shall be
installed in any location where its proximity with existing fixed
broadcast, retransmission or reception antennas (including residential
reception antennas) for radio, television, or wireless phone or other
personal communication systems would produce electromagnetic interference
with signal transmission or reception.
(c)
The recipient of the special use permit must
correct any unforeseen interference to the satisfaction of the Code
Enforcement Officer within 60 days of any complaint.
(8)
Location on lot. Wind turbine location is not
restricted to rear or side yards on a lot. The Planning Board shall
address the specific location on the lot during site plan review.
[1]
Editor’s Note: Section 7 of this local law stated that
it would supersede the applicable sections of Article 16 of the Town
Law, including, but not necessarily limited to, §§ 130,
261, 262, 263, 264, 265, 267, 268, 269 and 274-a, and Executive Law
§ 381 to the extent inconsistent with the same and to the extent
permitted by the New York State Constitution, the Municipal Home Rule
Law or any other statute determined to be in conflict with the provisions
hereof as pertains to industrial wind turbine towers and/or industrial
wind energy facilities, as defined herein.
C.
Specifications.
(1)
Maximum height. Maximum height of a wind turbine
tower shall be 220 feet measured from ground level to the maximum
elevation of the wind turbine blade.
(2)
Kilowatt limit. No residential wind turbine
shall have a generating capacity in excess of 50 kilowatts.
(3)
Color. Commercial wind turbines must be finished
in a color or colors acceptable to the Planning Board. Such colors(s)
shall be compatible with the environment of the wind turbine location
and shall be specified as a condition of the permit.
(4)
Structure. Both lattice or solid tube type wind
turbine towers are permitted.
(5)
Design and specifications. Detailed design specifications
will be required as part of the special use and site plan review processes.
The level of detail of the design specifications shall be determined
by the Planning Board.
(6)
Bird migration study. No bird migration study
shall be required for commercial wind turbine special use and site
plan applications.
(7)
Ice buildup sensors. Ice buildup sensors shall
not be required for commercial wind turbines.
(8)
Wind turbine electric power line. All electric
power transmission lines from the wind turbine shall be underground.
(9)
Blade tip to ground distance. The lowest elevation
of the wind turbine blade rotation path shall not be less than 15
feet from the ground level.
D.
Notice and safety considerations.
(1)
Signs.
(a)
Caution signs. Caution signs shall be placed
at the setback limits warning of ice and blade throws. Signs shall
be placed at one-hundred-foot intervals around the circumference of
the setback area and shall be between four feet and six feet above
ground level. Said signs shall be a minimum of one square foot and
no larger than two square feet. Each sign shall have "CAUTION: WATCH
FOR FALLING OBJECTS" printed thereon. In addition, the owner's name
and address shall be printed thereon.
(b)
There shall be no other signs affixed to the
windmill, accessory buildings or enclosure.
(2)
Fencing. Access to the tower shall be limited
either by means of a fence six feet in height enclosing the tower
base with a locking gate or by limiting tower climbing apparatus to
no less than 12 feet above ground level.
(3)
Blade tip speed inhibitor. To be permitted,
a wind turbine shall, as part of its operating mechanism, contain
an automatic braking, governing, or feathering system to prevent uncontrolled
rotation, overspeeding, and excessive pressure on the tower structure,
rotor blades, and/or turbine components.
E.
Operating considerations.
(1)
Removal upon cessation of operation. Any wind
turbine, which has not been in active and continuous service for a
period of one year, shall be removed from the premises within 90 days
thereafter to a place of safe and legal disposal. Any and all structures,
guy cables, guy anchors and/or enclosure accessories to such wind
turbine shall also be removed.
(2)
Building and grounds maintenance. Any damaged
or unused parts shall be removed from the premises within 30 days
or kept in an on-site storage building. All maintenance equipment,
spare parts, oil, and other maintenance supplies shall also be kept
in an on-site storage building.
(3)
Ownership changes. In the event of the change of ownership of a lot upon which a wind turbine is located pursuant to a special use permit changes, the special use permit shall continue in effect. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner, will continue to be obligations of succeeding owners. Change in ownership of the wind turbine shall be registered with the Code Enforcement Officer, and the sign required pursuant to § 132-42.1D(1)(a) shall be modified accordingly.
(4)
Wind turbine modifications. Any and all modifications,
additions, deletions or changes to wind turbines that operate under
a special use permit, whether structural or not, shall be made by
special use permit, except that such special use permit shall not
be required for repairs which become necessary in the normal course
of use of such wind turbines or become necessary as a result of natural
forces, such as wind or ice.
F.
Certifications.
(1)
Routine inspection report. An inspection report
prepared by an independent professional engineer licensed in the State
of New York will be required at the time of installation of a wind
turbine tower. Such report shall be filed with the Code Enforcement
Officer prior to commencement of operation of the wind turbine.
(2)
Insurance, liability. Prior to issuance of a
building permit, the applicant shall provide the Code Enforcement
Officer with proof, in the form of a duplicate insurance policy or
a certificate issued by an insurance company, of liability insurance,
in an amount to be determined by the Planning Board in consultation
with the Town's insurance agent, to cover damage or injury which might
result from the failure of a wind turbine tower, wind turbine or towers
or any part(s) thereof.
(3)
Certification of standards. The applicant shall
establish to the satisfaction of the Planning Board or Code Enforcement
Officer that all applicable manufacturer's, New York State and federal
standards for the construction, operation and maintenance of the proposed
wind turbine have been met or are being complied with. Wind turbines
shall be constructed, operated and maintained to the standards of
the Institute of Electrical and Electronic Engineers (IEEE) and the
American National Standards Institute (ANSI). The applicant for a
wind turbine special use permit shall furnish evidence, over the signature
of a professional engineer licensed to practice in the State of New
York, that such wind turbine is in compliance with such standards.
(4)
Removal bond. The applicant, after a special
use permit has been approved and before a building permit is issued,
shall submit a letter of credit or other acceptable surety sufficient
to ensure the removal if the use of the wind turbine is discontinued.
The Town Engineer and the Town Attorney shall judge this letter of
credit or other surety adequate and satisfactory before a building
permit is issued.
[Added 10-12-2015 by L.L.
No. 2-2015]
The Planning Board shall permit home businesses with a special
use permit in the R-1, R-2, or Ag District, provided the following
requirements and conditions are maintained:
A.
Intent. The purpose of this section is to provide opportunities for
economic opportunities and diversification of small-scale business
in the Town and to protect the character of residential and agricultural
areas of the Town. Businesses established pursuant to this section
are expected to blend in with the existing character of the area in
which they are located.
B.
Type of business. A variety of commercial and manufacturing uses
may be permitted, provided that the requirements of this section are
met.
C.
Neighborhood character. The appearance of the structure shall not
be altered and the business shall not be conducted in a manner that
would cause the premises to differ from its existing neighborhood
character, either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, noises or vibrations. No lights
or noise from the home business shall be noticeable at any time from
any public street or neighboring property.
E.
Floor area.
(1)
No more than 40% of the gross floor area of a dwelling shall
be used for the conduct of a home business, up to a maximum of 1,000
square feet, provided that the portion of the structure used for residential
purposes shall comply with all applicable laws and codes.
(2)
The entire gross floor area of no more than one detached accessory
structure up to 2,000 square feet may also be permitted for use of
a home business, in addition to space within the dwelling.
F.
Outdoor storage of equipment and materials.
(1)
Outside storage of materials used in the home business may be
permitted. Such storage shall be adequately screened from view from
public streets and neighboring property. Such screening may consist
of vegetation, fencing, or a combination of plantings and fencing.
(2)
In the R-1 and R-2 Districts, a maximum of two pieces of equipment,
other than commercial vehicles, may be parked or stored outdoors on
the lot. Such equipment shall be operable and necessary for the conduct
of the home business.
(3)
Outdoor storage of equipment used for the home business shall
only be permitted in the rear yard. Such equipment shall be completely
screened from view from neighboring properties and public roads.
G.
Outdoor display of goods. Outdoor display of goods may be permitted,
provided that the goods are displayed in a neat and orderly manner.
The Planning Board may limit the quantity of goods displayed and/or
the amount of land utilized for display of goods and may require appropriate
screening and/or buffers. Areas proposed for the outdoor display of
goods must be clearly delineated in the special use permit application.
I.
Commercial vehicles. Commercial vehicles used in connection with the home business may be parked outside, but not within the setbacks specified in Subsection M of this section. The Planning Board may require appropriate screening to minimize the visual impact of such vehicles on neighboring properties.
J.
Hours of operation. The home business shall be conducted in such
a manner that all the clients, customers and others coming to do business
at the site of the home business shall arrive and depart between the
hours of 7:00 a.m. and 9:00 p.m.
K.
Number of home businesses permitted. More than one home business
may be permitted for each residential property, provided that the
combined impact of such home businesses does not exceed any of the
thresholds established by this section.
L.
Parking. Off-street parking shall be provided in accordance with the provisions of § 132-29. The off-street parking for the home business shall be in addition to the parking required for the residence.
M.
Setbacks. Any accessory building used in conjunction with the home
business shall be set back a minimum of 75 feet from all property
lines. Off-street parking and loading spaces, as well as outdoor storage
and display, shall be set back a minimum of 50 feet from all side
and rear property lines and not less than 75 feet from all public
rights-of-way.
N.
Deliveries. Tractor-trailer deliveries shall be permitted, unless
the Planning Board determines that the site does not provide access
and/or turnaround space and geometry that is safe, or that such deliveries
would be of such a frequency that they would be disruptive to neighboring
properties or the character of the neighborhood.
O.
Inspection. The Zoning Officer shall review the premises operating
under the special use permit for compliance every five years, and
within six months of change of ownership.
[Added 9-5-2017 by L.L.
No. 4-2017]
A.
Major solar collector systems are subject to the following design
standards:
(1)
The total coverage of all buildings and structures on a lot,
including the total area occupied by solar collector devices, shall
not exceed 50%.
(2)
Height and setback restrictions established pursuant to site
plan approval:
(a)
The maximum height for freestanding solar panel devices located
on the ground, or attached to a framework located on the ground, shall
not exceed 15 feet above ground level.
(b)
The minimum setback from side and rear property lines shall
be 75 feet.
(c)
The minimum setback from the center line of public highways
shall be 100 feet.
(d)
A landscaped buffer shall be provided around the perimeter of
all equipment and solar collector devices in order to provide screening
from adjacent properties and public highways. The landscaping shall
be located outside of the fencing.
(3)
In the event that the property of the proposed project is to
be leased, legal consent between all parties, specifying the use(s)
of the land for the duration of the project including easements and
other agreements, shall be submitted.
(4)
Blueprints showing the layout of the solar energy system signed
by a professional engineer or registered architect shall be required.
(5)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounted systems
and inverters that are to be installed.
(6)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing.
(7)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's
contact information shall be placed on the entrance and perimeter
of the fencing.
(8)
Removal of trees and other existing vegetation shall be minimized
or offset with equivalent planting elsewhere on the property.
(9)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(10)
Solar collector devices and other facilities shall be designed
and located in order to prevent reflective glare toward buildings
on adjacent properties and public highways.
(11)
All mechanical equipment, including any structure for batteries
or storage cells, shall be enclosed by a minimum eight-foot-high fence
with a self-locking gate and provided with landscape screening.
C.
Abandonment.
(1)
All applications for a major solar collector system shall be
accompanied by a decommissioning plan to be implemented upon abandonment
or cessation of activity. Such decommissioning plan shall be a condition
of the special use permit.
(2)
In the event that the applicant begins but does not complete
construction of the project within 18 months after receiving the special
use permit and final site plan approval, the project shall be deemed
abandoned and implementation of the decommissioning plan shall be
required.
(3)
The decommissioning plan must ensure that the site will be restored
to a useful, nonhazardous condition without delay, including but not
limited to the following:
(a)
Removal of aboveground and below-ground equipment and structures.
(b)
Restoration of the surface grade.
(c)
Revegetation of the area.
(d)
Specification of the time by which completion of site restoration
work will be completed.
(e)
Upon cessation of activity of an operational major solar collector
system for a period of one or more years, the Town shall require the
owner and/or operator of the facility to implement the decommissioning
plan.
D.
If the large-scale solar energy system is not decommissioned after
being considered abandoned, the municipality may remove the system
and restore the property and impose a lien on the property to cover
these costs to the municipality.
E.
The special use permit may require a condition that a decommissioning
bond be posted in an amount sufficient to cover the decommissioning
requirements.