Town of Wheatland, NY Special Exception Uses

All adult uses shall be conducted in an enclosed building.

Regardless of the building location or distance, no one who is passing by an enclosed building having a use governed by the provisions of this chapter shall be able to visually see any specified anatomical area or any specified sexual activity, either live or by virtue of a display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.

No building, vehicle or other device associated with an adult use entertainment establishment shall be painted in such other fashion as will effectuate the same purpose as a sign without the Planning Board's approval.

No loudspeakers or sound equipment shall be used as part of an adult use entertainment establishment that can be discerned by the public from public and/or semipublic areas.

Parking of registered vehicles on the site shall be permitted only during the hours of operation.

No dwelling unit shall be allowed as part of any adult use entertainment establishment.

The owner of a building or premises, his/her agent for the purpose of managing or controlling or collecting rents or any other person managing or controlling a building or premises used for an adult use entertainment establishment purpose shall register the following information with the Building Inspector as part of any building permit or certificate of occupancy:

The name(s) and address(s) of the owner(s) of the premises;

The name of the business or the establishment subject to the provisions of this chapter;

The name(s) and address(s) of the owner(s), the beneficial owner(s) and the major stockholder(s) of the business or establishment subject to the provisions of this chapter.

The date of initiation of the adult use entertainment establishment;

The time period of any conditions of approval in connection with a special exception use permit that has been issued for said use on the premises;

If the premises or building is leased, a copy of said lease; and

A copy of all other pertinent permits (e.g., state liquor license, county health, etc.) associated with said use.

Auditorium, meeting hall.

No building or structure shall be built within 50 feet of any property line.

Lot coverage shall not exceed 20%.

The site boundaries shall be at least 200 feet distant along any bounding street from any residence district boundary line.

Automobile laundry.

The lot area shall be not less than 40,000 square feet and shall have a minimum frontage of 200 feet along a major street or highway.

No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.

Storage area for vehicles waiting for service shall be provided on site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.

An automobile laundry shall not provide other than washing, waxing, simonizing or similar treatment services.

Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

Bowling alley. (See dance hall, skating rink)

Bus passenger shelter.

The shelter shall be so located that there is ample room to permit the bus to leave the traveled roadway conveniently for picking up or discharging passengers.

The only advertising display on such structure shall be one sign not exceeding two square feet in area.

Dance hall, skating rink.

All such uses shall be enclosed within a building.

Any use of a public address system shall be limited to the inside of such building, and its sound shall not be audible beyond the limits of the lot.

No such use or its lot shall be located within 500 feet of any existing or proposed church, school, library, playground or similar place of public assembly.

Any lot boundary adjacent to a residential district shall have adequate transitional yards, planting and/or fences to assure compatibility and privacy for the residential uses.

Eating establishment; drive-in, open-front or curb service.

The lot area shall be not less than 40,000 square feet and shall have a minimum frontage along a major street or highway of at least 200 feet.

No such use shall be located within 500 feet of an existing or proposed church, library, playground or similar place of public assembly.

There shall be adequate off-street parking and loading space to serve the proposed use.

There shall be adequate provision for disposal of trash and refuse left on premises.

There shall be either a suitable fence or landscape planting screen along side and rear lot lines.

Filling station.

The lot area shall be not less than 40,000 square feet and shall have a minimum frontage along a major street or highway of at least 200 feet.

No such use shall be located within 500 feet of the site of an existing or proposed church, school, library, playground or similar place of public assembly.

All pumps and lubricating and other devices shall be located at least 25 feet from any building, structure or street line.

Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.

Any area devoted to the temporary storage of motor vehicles or parts thereof, or to purposes of dismantling, shall be screened from the view of persons on adjacent streets and properties by enclosing such area within a solid fence eight feet high, or such area shall be located inside a building. Not more than five motor vehicles shall be stored outdoors overnight.

Outdoor storage of other than motor vehicles shall be prohibited at all times. The premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

Funeral home.

The lot area shall be not less than 40,000 square feet and shall have a minimum frontage along a major street or highway of at least 150 feet.

A funeral home shall not have more than one sign, which may have a maximum area of 12 square feet and shall be set back at least 25 feet from any street or other property line. Such sign shall not be lighted by neon or flashing light sources; and further, there shall be no exterior spotlighting or other illumination of the sign or of the premises such as will be an annoyance to any adjoining land use. Necessary safety lighting of driveways, buildings and grounds shall be permitted in keeping with the same constraints as noted for signs and general lighting.

Parking or similar service areas shall not be permitted in any front yard and shall be at least 20 feet from any property line in side and rear yards. Such area shall be screened from the view of persons on adjacent properties.

Kennels.

[Added 3-3-2011 by L.L. No. 1-2011[1]]

Shelters for animals within kennels shall not be closer than 100 feet to any side or rear lot lines. No shelter may be permitted in the front yard.

No outdoor area enclosed by fences shall be permitted within a front yard. Fenced areas shall not be located closer than 25 feet to the side or rear lot line.

No shelter shall be located closer than 200 feet to an existing residential dwelling on an adjacent lot.

The site plan shall contain provisions for adequate measures to prevent offensive noise and odor and provide for disposal of all animal waste.

Editor's Note: This local law also provided for the redesignation of original Subsections J through Y as Subsections K through Z, respectively.

Membership club, nonprofit.

All buildings and structures shall be at least 50 feet from any property line.

Lot coverage shall not exceed 20%.

Motel.

There shall be at least 2,500 square feet of lot area for each first floor guest room and an additional 1,000 square feet of lot area for each guest room on other floors.

Motorized recreational vehicle outdoor racetrack and off-road track. The Town Planning Board may approve a conditional (or special) use permit for a motorized recreational vehicle outdoor off-road track or outdoor racetrack, provided that the following criteria are met and maintained:

[Added 4-17-2014 by L.L. No. 1-2014[2]]

The applicant shall submit a site plan, prepared in accordance with the provisions of the Code of the Town of Wheatland, of the property where the motorized recreational vehicle outdoor off-road track or outdoor racetrack is to be located.

The applicant shall submit a written statement which sets forth the details of the motorized recreational vehicle off-road track or outdoor racetrack.

The minimum lot size for a motorized recreational vehicle off-road track or outdoor racetrack shall be 50 acres, which shall be exclusive of any other portion of the site.

No portion of a motorized recreational vehicle off-road track or outdoor racetrack shall be located closer than 100 feet to a property line.

No portion of a motorized recreational vehicle off-road track or outdoor racetrack shall be allowed where the noise level exceeds the noise levels of the Code of the Town of Wheatland.

No motorized recreational vehicle off-road track or outdoor racetrack shall be allowed to operate before 9:00 a.m. or after 7:00 p.m., prevailing time, or sunset, whichever shall first occur. On Sunday, the hours of operation shall be limited to 11:00 a.m. to 7:00 p.m., prevailing time, or sunset, whichever shall first occur.

Access shall be provided for emergency vehicles to all portions of the motorized recreational vehicle off-road track or outdoor racetrack by an approved route shown on the site plan.

There shall be no lighting permitted of a motorized recreational vehicle outdoor off-road track or outdoor racetrack that does not meet the lighting standards for "dark sky" as determined by the Planning Board.

Any alteration of the land shall be clearly shown on the site plan. Upon termination of the track, the land shall be returned to its previous condition within six months. A performance bond, in an amount specified by the Town Engineer and in a format acceptable to the Town Board, to permit the reclamation of the land, shall be filed with the Town.

(10)

A forty-foot-wide densely planted landscape buffer strip and/or landscaped berm shall be provided as determined by the Planning Board along any portion of the property that is adjacent to a residential site or public highway.

Editor's Note: Pursuant to this ordinance, former Subsections M through Z were redesignated as Subsections N through AA, respectively.

Nursery school.

The lot area shall be not less than one acre.

There shall be not more than one pupil for every 1,500 square feet of lot area.

All buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., shall be not less than 75 feet from any property line.

Off-street parking areas shall be not less than 50 feet from any property line.

Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the residence district in which the lot is located, or, where it is located in a nonresidence district, it shall comply with the provisions of the respective district.

Outdoor floodlighting or public address systems are prohibited.

Only one sign, not larger than 12 square feet in area, shall be permitted.

Landscaping and fencing shall be provided as required by the Planning Board.

Nursing home, rest home.

The lot area shall be not less than one acre and shall have a minimum frontage of 150 feet along the principal bounding street.

All buildings and structures shall be not less than 50 feet from any property line.

Lot coverage shall not exceed 20%.

Parking garage, storage garage.

There shall be adequate provision for access to the site and off-street standing area for vehicles waiting to park.

Vehicular entrances and exits shall be controlled by curbing.

Facilities for servicing, repairs and outdoor storage of motor vehicles shall be prohibited.

Philanthropic, fraternal or social organization office or meeting room.

All buildings and structures shall be not less than 50 feet from any property line.

Lot coverage shall not exceed 20%.

Planned residential development. No authorization for a building permit or permits shall be granted unless the Planning Board shall specifically find that the proposed special exception for the planned residential development is in keeping with the intent of this regulation to provide for flexible planning of residential development while conserving the natural scenic environment and to implement the Master Plan while meeting the following special conditions and safeguards:

An overall development plan shall be presented, showing the use or uses proposed, including dimensions, indicating the areas set aside for each use and the locations of all structures, parking spaces and rights-of-way or driveways and the provision for sewer and water service facilities.

Residential dwelling units may be in single-family, two-family or multiple-family dwelling structures, provided that the total number of dwelling units shall not exceed that permitted by the applicable district regulations per gross acre, and further provided that the minimum yard provisions and, in the case of a multiple dwelling, the minimum spacing between buildings shall be not less than those required:

In an R-12 One-Family Residence District for a single-family dwelling.

In an R-16 Single-Family Residence District for a two-family dwelling.

[Amended 2-1-2007 by L.L. No. 1-2007]

In an RA Garden Apartment Residence District for a multiple dwelling.

Open space or common land resulting from the planned residential development design shall only be used for private or municipal recreation, including natural parkland. Such land shall only be owned by a nonprofit corporation or shall be offered for dedication to the municipality or other public agency for the same uses; but in any case of a nonprofit corporation, a preestablished offer of dedication shall be filed with the municipality for acceptance if the nonprofit corporation were ever discontinued or failed to maintain the private recreation use of natural parkland.

The proposed planned residential development shall comply with all other applicable requirements of the municipality with respect to land development.

Planned industrial park.

The site area shall be not less than 50 acres.

Individual sites resulting from subdivision or from leasing arrangements may average 80,000 square feet each, provided that no site of less than 80,000 square feet may be located within 500 feet of the park's boundary, and further provided that no site shall be less than 20,000 square feet.

If the proposed park is not subject to the subdivision regulation as a result of common ownership, it shall be approved in a similar manner by the Planning Board and meet the same standards for design and public improvements.

Professional office, medical arts building. (See funeral home.)

Public utility structure, right-of-way, etc.

Such facility shall be necessary to serve the surrounding community.

Such facility shall not include a business office, repair service or any storage.

The site shall be so located and of such size that the use may be so screened that it shall be compatible with existing and future uses surrounding the site.

All main and accessory buildings, structures or equipment, exclusive of transmission lines, shall be set back at least 50 feet from all property lines.

Appropriate landscape screening and fencing shall be installed to assure that the facility shall be compatible with adjacent land uses and to protect the equipment.

Recreation facility, outdoor.

The site shall be located on either a state or county highway.

The site shall have adequate land area for traffic planning. The driveways and entrances and exits shall be approved by the County Highway Engineer or the District Engineer of the State Department of Transportation, depending upon in whose jurisdiction the abutting highway or highways are located.

All driveways, parking areas and structures shall be located at least 100 feet from any residence district boundary.

Outdoor floodlighting shall be limited to a height, intensity and coverage such that it will not have an impact on neighboring properties, the boundary highway or the general area.

No public address system shall be used outside an enclosed building, and its sound shall not be audible beyond the limits of the lot.

No such use or its lot shall be located within 500 feet of any existing or proposed church, school, library, playground or similar place of public assembly.

All driveways, parking areas, structures and activity areas shall be landscaped in a manner which shall make them compatible with surrounding land uses, existing and future, including adequate transitional yards with planting and/or fences to assure compatibility with residential districts.

Solar energy systems.

[Added 8-9-2018 by L.L. No. 1-2018[3]]

Approval standards for large-scale solar systems as a special exception use.

Large-scale solar energy systems are permitted through the issuance of a special exception use permit within AR-2, HC, CIP and LI districts, subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a large-scale solar energy system shall be reviewed by the Code Enforcement Officer and referred, with comments, to the Planning Board of the Town of Wheatland for its review and action, which can include approval, approval on conditions, and denial.

Special exception use permit application requirements. For a special exception use permit application, the site plan application is to be used as supplemented by the following provisions:

If 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.

Construction documents appropriate to the size and type of facility showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required. The Planning Board and Code Enforcement Officer may require and specify what documents or additional documents are required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

[5]

Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its state prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a Professional Engineer or Contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. 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 costs incurred by the municipality in excess of a decommissioning bond.

[6]

Decommissioning bond. The applicant shall be required to provide the Town a decommissioning bond in the estimated amount to remove the facility and restore the site.

Special exception use permit standards.

Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.

Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of 10 acres.

Lot coverage.

An accessory large-scale solar energy system that is ground-mounted shall not exceed 25% of the lot on which it is installed. The surface area covered by solar panels shall be included in total lot coverage.

The Planning Board may permit a large-scale solar energy facility to be a primary use on a property and where it is the primary use set the lot coverage percentage more than 25% lot coverage based upon the individual proposal. The Planning Board may consider such items as setbacks, greenspace, stormwater drainage, appurtenant facilities and any site special items when reviewing the proposal.

Preservation of foliage and woodlots. Woodlots and trees may not be removed to install a ground-mounted solar energy system. Ground cover will be maintained and mowed regularly. Where practical, pollinator habitats shall be incorporated into ground cover.

Greenspace. A green and open space plan shall be submitted. The area where a large-scale solar energy system is installed shall not be considered as green or open space.

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.

The type of fencing shall be determined by the Planning Board of the Town of Wheatland. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.

Any application under this section shall meet any substantive provisions contained in local site plan requirements in the zoning code that, in the judgment of the Planning Board of the Town of Wheatland, are applicable to the system being proposed. If none of the site plan requirements are applicable, the Planning Board of the Town of Wheatland may waive the requirement for site plan review.

The Planning Board of the Town of Wheatland may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).

Editor's Note: Pursuant to this local law, former Subsections W through AA were redesignated as Subsections X through BB, respectively.

Storage of fuel or other liquids in tanks.

Any such installation of flammable liquids or gas shall be in conformance with the applicable recommendations of the National Board of Fire Underwriters.

The recommendation of the local fire chief having jurisdiction shall also be considered prior to approval of such a use.

All such uses shall be located on sites large enough to contain the impact of any potential accident that might result from their existence without damage to adjacent properties.

Tourist homes and bed-and-breakfast establishments (R-12, R-16, R-24, AR-2 and VB Districts).

[Added 3-1-2007 by L.L. No. 5-2007]

The building proposed for occupancy as a tourist home/bed-and-breakfast shall be as defined in the Residential Code of New York State (RCNYS).

The operator(s) of the tourist home/bed-and-breakfast shall reside on the premises and shall be the only permanent occupant(s) on the premises.

The exterior of the building shall be maintained consistent with the character of the area.

All parking shall be located outside of the highway right-of-way and shall not encroach upon any front yard. Associated designated parking shall be 1.5 spaces per guest room. Further, adequate turnaround space shall be provided.

Any exterior lighting shall be designed in such a manner as to be primarily contained within the property boundaries and to minimize any spillage or impact to adjoining areas.

Signage shall be the minimum necessary and must be designed to be consistent with the character of the area. The provisions of Article V, Signs, shall not apply; each bed-and-breakfast shall be allowed a maximum of two signs, one attached to the building and one at the roadway. The Planning Board shall approve the size, location and design.

Townhouse clusters and developments (R-12, R-16, R-24, AR-2 and RA Districts).

[Added 3-1-2007 by L.L. No. 4-2007]

The following site design standards shall be applicable to all townhouse dwelling unit developments:

In additional to the dimensional requirements set forth in §§ 130-11 and 130-14, the minimum tract area for townhouse development shall be not less than three acres and served by public water and sewer.

Overall site density may be up to eight dwelling units per gross buildable acre. However, in all cases Subsection X(1)(e) and (8) below shall prevail.

Individual dwelling unit lot size.

The minimum lot area for each townhouse dwelling unit shall be 3,500 square feet.

The minimum lot width at the main building line shall be 20 feet.

The minimum front setback from the roadway right-of-way shall be 30 feet.

The minimum rear yard depth shall be 30 feet.

The minimum unit size shall not be less than 800 square feet of living space. Overall, maximum three-bedroom units shall comprise no less than 25% of total units.

The maximum allowable percentage of impervious coverage of the development shall be not more than 40% of the total proposed development.

Each townhouse dwelling unit shall be located, constructed and served by public facilities (water and sewer), services and utilities in such fashion that each dwelling unit may be sold individually.

Natural features, including streams, drainageways and existing trees, shall be preserved and incorporated in the landscaping of the development.

All utility lines which provide electric, gas, telephone, television or other similar services shall be installed underground. Surface-mounted equipment shall be located in a manner so as to minimize potential conflict with other uses and activities.

Sidewalks shall be provided within the townhouse development and shown on any plans. The Planning Board shall review each proposal, and if it determines that the proposed development may have an impact on adjoining areas, the Planning Board may require the developer to upgrade or place sidewalks outside the boundaries of the townhouse development.

Trails and walkways may be provided and must be shown on any plans within the townhouse development for any common areas or required green space. Trails and walkways may be constructed of pavement, gravel or other materials. These are not required to meet sidewalk construction standards nor are they included in the impervious area calculations. The Planning Board shall review and approve each proposal.

Buffer areas. The Planning Board shall review each proposal and may require buffer areas between areas adjoining the proposed development. Buffer areas may consist of berms, open space, landscaping, vegetation barriers, tree barriers or any other such mitigation measures that the Planning Board may determine.

Green space or open space. The Planning Board shall consider and shall require a dedicated green or open space that is separate and distinct from any common spaces within the townhouse development. Such green space shall be secured via conservation or use easements to the Town. Consideration shall be made for inclusion with a Town-wide walkway or trail system. The area(s) to be preserved for open space purposes, including playgrounds and parks, shall be in an amount, location, quality and contiguous shape as is desirable for accessibility to all developed properties and open space preservation, as determined by the Planning Board. Open space created by the townhouse development shall be clearly labeled on the final plat as to its shape, use, ownership, management, method of preservation and the rights to such land, if any, of the property owners of the subdivision and the general public. The plat should clearly identify that the open space is permanently reserved for open space purposes and shall not be platted for building lots or other development. It shall indicate the liber and page of any conservation restriction(s) or deed restrictions required to be filed to implement such reservation of open space. If the open space is to be owned in common with others, the applicant shall provide for the ownership, management and rights to such lands by means of an entity acceptable to the Planning Board.

Street lighting shall be provided within the townhouse development as determined by the Planning Board. Fixtures shall be selected to enhance a village or decorative design and be approved by the Planning Board.

(10)

Plans submitted for townhouse developments shall identify areas proposed for dedication to the Town, areas to be held in common ownership, areas dedicated or reserved for Town green space, roadways, sidewalks, trails, fences, landscaping and property to be owned by individuals.

(11)

Common property shall, except when accepted by the Town Board for dedication, be privately owned. Where property is to remain in common ownership, the developer shall provide for and establish an organization for the ownership and maintenance of such common property. Rules and regulations proposed to govern the operation and maintenance of all common property shall be submitted for review and approval by the Planning Board. Common property shall not be changed from its status or use as common property without specific authorization of the Town Board. In reviewing proposals for the establishment of organizations to govern the ownership and maintenance of any common property, the Planning Board shall consider and determine the adequacy of:

The time table required for the creation of the organization.

The requirements for membership in the organization by residents.

The safeguards to ensure the continuance of the common property as common property.

The liability of the organization for insurance, taxes and maintenance of all facilities.

The provision for pro-rata sharing of costs and assessments.

The financial capacity of the organization to maintain and administer common facilities.

The proposed relationship between the developer and the organization and the plan to turn over the responsibility for the maintenance and administration of common facilities to the organization.

The proposed maximum percentage of rental parcels permitted at any one time.

(12)

Building standards.

No more than six townhouse dwelling units shall be included in a single dwelling building.

No building shall exceed a maximum length of 180 feet on any exterior facade. The minimum separation between buildings shall be 20 feet or equal to the highest adjacent building, whichever is greater.

Townhouse dwelling buildings shall be related to one another in design, building mass, materials and placement to provide a visually and physically integrated development.

The treatment of the sides and rear facades of all buildings in a development shall be comparable in amenity and appearance to the treatment of any building facade which faces a public street and complementary in architectural design to adjacent residential structures.

Building walls shall be oriented so as to ensure adequate exposure of light and air to each dwelling unit and to the rooms within.

Buildings shall be arranged so as to preserve visual and audible privacy between each townhouse dwelling unit and adjacent townhouse buildings.

Building entranceways of adjacent dwelling units in the same structure shall be designed to ensure the privacy of occupants. This may be accomplished by varying the setbacks of entranceways or by providing screening or landscaped plantings, as appropriate.

Building entranceways shall be provided with appropriate illumination for the convenience and safety of residents. Such lighting shall be shielded to avoid glare disturbing other properties.

All townhouse dwelling units shall include ground-floor living space. The location of an enclosed garage shall not qualify as meeting this requirement.

(13)

Townhouse parking standards.

The requirements for off-street parking may be met by providing parking spaces in an enclosed garage plus any combination of spaces on private driveways and/or in a common parking lot. A total of 2.5 parking spaces shall be provided per unit. This shall include one enclosed space per unit.

No common off-street parking lot or outdoor storage area shall be locate closer than 25 feet to any adjacent property.

All off-street parking areas shall be privately owned and maintained.

Common off-street parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and the monotony of parked cars.

Common off-street parking areas shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access and shall be developed as an integral part of the overall site plan.

Common off-street parking areas shall be provided with suitable lighting for the convenience and security of residents, but positioned and shielded to minimize glare and potential inconvenience to residents of the townhouse cluster or development and adjacent properties.

Parking and storage of recreational vehicles, trailers, boats or other such items shall not be permitted in individual yards, common space, green space or driveways. If the applicant or townhouse organization wishes to allow such items within the development, details for the regulation and storage must be included in the rules and regulations of the townhouse organization.

If the development wishes to allow parking/storage of recreational vehicles, trailers, boats or other such items, a separate area shall be designed within the development for the parking and storage of such items. This dedicated parking area must be shown on the plans and be visually shielded in an acceptable manner.

(14)

Landscape site design standards.

Landscaping shall be provided along and adjacent to all streets, common driveway areas and common off-street parking areas. Landscaping treatments shall be designed, coordinated, installed, and maintained in accordance with the site plan approved by the Planning Board.

Landscape treatment shall consist of shrubs, ground cover and street trees and shall be designed and installed to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the local environment.

Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.

All landscaping except for trees, shrubs and grasses, either existing or to be installed within the public right-of-way, shall be privately owned and maintained.

(15)

Site circulation system design standards.

An adequate, safe and convenient circulation system shall be provided.

The arrangement of streets and common parking areas shall be designed as integral parts of an overall site plan. These features shall be properly related to existing and proposed buildings and appropriately landscaped.

(16)

Miscellaneous townhouse regulations.

No home occupations, home professional offices, or business activity creating any external impact shall be permitted within a townhouse cluster or development.

All fencing of common areas shall be shown on the site plan approved by the Planning Board.

Individual owners may erect privacy fences to create private outdoor areas for individual dwelling units. Such fences must be located in the rear yard and may be up to eight feet above ground level, extend no more than 12 feet from the building, be open on the rear lot end and shall be of a similar type and design for the entire development as approved by the Planning Board.

No individual property owner shall erect or place an accessory building on the premises.

The storage of any unregistered vehicles or other similar equipment out-of-doors shall be prohibited.

The storage of any recreational vehicles, trailers, boats or other such items is permitted within the enclosed parking space for the unit and shall not be permitted in individual yards, common space, green space or driveways.

(17)

Special accessory uses. The following special accessory uses may be established for the common and exclusive use of owners of townhouse residences and their guests. Such special accessory uses shall be operated on a not-for-profit basis and subject to the approval of the Planning Board:

Recreational facilities such as open or enclosed tennis courts, exercise facilities, picnic areas, gazebos or swimming pools as regulated herein.

One structure to house maintenance shops and vehicles to be used exclusively for the maintenance and management of the townhouse development.

Common space for the exclusive use and convenience of residents of the townhouse cluster or development and their guests to park vehicles. Such common space shall be adequately landscaped and buffered so as to screen the site from adjacent areas and uses.

An area for parking and storage of recreational vehicles, trailers, boats or other such items.

One community building for the exclusive use and convenience of the residents of the townhouse cluster.

Common storage unit(s) for the use of townhouse cluster residents to match all other dwelling units in exterior appearance and included in overall unit calculations.

AA.

Truck transfer station.

The lot area shall be not less than 40,000 square feet and have a minimum frontage along a state or county highway of at least 200 feet.

No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.

All entrance and exit driveways shall be approved by the County Highway Engineer or the District Engineer of the State Department of Public Works, depending upon in whose jurisdiction the highway is located.

All fuel pumps and lubricating or other devices shall be located at least 25 feet from any building, structure or street line.

No repair work shall be performed outdoors.

All fuel, oil, gasoline or similar substance shall be stored underground and at least 10 feet from any and all lot lines and installed and maintained in accordance with the standards of the National Board of Fire Underwriters.

All dismantled automobiles, trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building.

All parking areas for operating vehicles shall be paved, curbed and drained in accordance with Town specifications. Such areas shall be at least 50 feet from any residence district boundary and at least 10 feet from any property line. No vehicle shall park or stand outside such paved parking area.

Screening shall include planting of bushes or trees in addition to a fence so that truck motor noise and the sound of overnight operation of refrigeration units will tend to be muffled.

BB.

Veterinarian, veterinary hospital or clinic.

Adjacent properties shall be adequately protected from noise, odors and unsightly appearance.

All buildings, structures and accessory use areas, except off-street parking, shall be at least 50 feet from any property line.

CC.

Wind energy devices.

[Added 8-9-2018 by L.L. No. 1-2018]

Purpose. The Town of Wheatland recognizes the increased demand for alternative-energy-generating devices and facilities. Wind turbine facilities may involve the construction of single or multiple wind turbines. The purpose of these regulations is to protect the community's interest in properly locating wind energy devices and facilities in a manner consistent with sound land planning, while also allowing private and commercial providers to meet their power-generating objectives. The Planning Board of the Town of Wheatland is responsible for approving special exception use, and the Building Inspector is charged with enforcement of these standards and issuing permits. The Planning Board is authorized to set standards, impose any conditions necessary to protect the health and welfare of the community and to protect the character of the neighborhood.

LARGE WIND ENERGY CONVERSION DEVICE (LWECD)

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

A WECD primarily generates power on-site to be transferred to a transmission system for distribution to off-site customers or for sale to a distribution company. The definition of LWECD shall also include WECDs erected and used for private use if the maximum height of any system component is greater than 200 feet from the ground surface.

MEDIUM WIND ENERGY CONVERSION DEVICE (MWECD)

A WECD which can have a rated capacity more than 10 kW, but is not more than 200 feet in total height from the ground surface to the maximum height of any component of the system, and which is intended to primarily reduce on-site consumption of utility power.

SMALL WIND ENERGY CONVERSION DEVICE (SWECD)

A freestanding WECD which has a rated capacity of not more than 10 kW, is not more than 65 feet in total height from the ground surface to the maximum height of any component of the system, and is intended to primarily reduce on-site consumption of utility power.

SMALL WIND ENERGY CONVERSION DEVICE STRUCTURE MOUNTED (SWECD-SM)

A SWECD which has a rated capacity of not more than 5 kW, that is mounted upon or attached to a building or structure that is not a freestanding tower, is not more than 45 feet in total height from the ground surface to the maximum height of any component of the system, and is intended to primarily reduce on-site consumption of utility power.

WIND ENERGY CONVERSION DEVICE (WECD)

A machine that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy, commonly known as a "wind turbine" or "windmill."

WIND ENERGY CONVERSION FACILITY (WECF)

Any installation of more than one WECD, including all related infrastructure, electrical lines and substations, access roads and accessory structures.

Permitted and prohibited uses.

A SWECD may be constructed and operated within the AR-2, CIP and HC Zoning Districts that meets the Planning Board's standards and policies with a building permit, otherwise with site plan approval from the Planning Board and a building permit.

A SWECD-SM may be constructed and operated within the AR-2, CIP, and HC Zoning Districts that meets the Planning Board's standards and policies with a building permit, otherwise with site plan approval from the Planning Board and a building permit.

An MWECD may be constructed and operated within the AR-2, CIP and HC Zoning Districts with a special use permit from the Planning Board, site plan approval from the Planning Board and a building permit.

An LWECD may be constructed and operated within the AR-2 and CIP Zoning Districts with a special use permit from the Planning Board, site plan approval from the Planning Board and a building permit.

No WECD shall be installed in any location along the major axis of an existing microwave communications link where its operation has a likely potential to produce electromagnetic interference in the link's operation.

No WECD shall be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antenna (including residential reception antenna) for radio, television, navigational, wireless phone or other wireless communication systems would produce electromagnetic interference with signal transmission or reception. The applicant may be required to submit acceptable documentation as part of the special use permit to determine if the project would in any way cause interference with microwave transmissions, residential television reception, or radio reception.

WECDs with a maximum component height greater than 400 feet above the ground surface shall not be permitted in any zoning district.

MWECD, LWECD and WECF facilities are required to have an operating permit issued by the Code Enforcement Officer or Fire Marshal.

No special use permit or building permit shall be granted for a WECD facility unless it is determined by the Town that the proposed use meets the appropriate criteria in this section, in addition to the site plan and special use permit review criteria found in the Town of Wheatland Code.

(j)

No experimental, home-built or prototype WECD shall be allowed without acceptable documentation from a New York State-licensed professional engineer estimating the probable radius of tower collapse and probable blade or ice throw distance in the event of failure, a submittal of the complete design specifications and calculations and an acceptance by the Planning Board of setbacks which the Planning Board may require to be greater than the minimums established elsewhere in the Code.

Lot area; setbacks; lighting.

Minimum lot area. The minimum lot area for the erection of any WECDs shall be as follows:

SWECD: complies with all setback and any applicable standards in the New York State Uniform Fire Prevention and Building Code and Town Codes.

SWECD-SM: complies with all setback and any applicable standards in the New York State Uniform Fire Prevention and Building Code and Town Codes.

MWECD: minimum of 95 acres.

LWECD: minimum of 270 acres.

Each SWECD shall be set back, as measured from the center of the SWECD, a minimum distance of:

One and one-half times the maximum height of any SWECD component above ground surface from any other SWECD, overhead utility lines, public roads, any on-site dwelling or other on-site building or structures that can be occupied, or any agricultural building, with the exception that an SWECD designed for installation on the roof of a building shall have the setback to that building waived, provided that the facility is designed and stamped by a New York State-licensed professional engineer. A New York State-licensed professional engineer or his or her designated representative must observe the design and installation of the SWECD and provide documentation to the Town that the installation was performed in accordance with the design.

Three times the maximum height of any SWECD component above ground surface from any neighboring property line.

Each MWECD shall be set back, as measured from the center of the MWECD, a minimum distance of:

One and one-half times the maximum height of any MWECD component above ground surface from any other MWECD, on-site dwelling or other on-site building or structure than can be occupied, agricultural building, overhead utility lines or public roads;

One thousand feet from any adjacent property line;

One hundred feet from state wetland buffers, state wetlands and federal wetlands.

Each LWECD shall be set back, as measured from the center of the LWECD, a minimum distance of:

One and one-half times the maximum height of any LWECD component above ground surface from: any other LWECD, on-site dwelling or other on-site building or structure than can he occupied, agricultural building, overhead utility lines or public roads;

One thousand seven hundred feet from any adjacent property line;

One hundred feet or 1.5 times the height of any WECD, whichever is greater, from state wetland buffers, state wetlands and federal wetlands.

No WECD tower shall be lit except to comply with Federal Aviation Administration (FAA) requirements. If lighting is required, the lighting alternatives and design chosen shall be the lowest intensity allowable under the Federal Aviation Administration's regulations. Minimum security lighting for ground-level facilities shall be allowed, provided that no such lighting shall be erected, operated or maintained in such a manner as to create an annoyance to surrounding properties or that create a public safety hazard due to glare. No lighting with a greater intensity than 1/2 footcandle, measured at five feet above the ground at the property line, shall be installed. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low-glare fixtures, and directing lights at the ground.

Signs.

Other than the manufacturer's nameplate, no advertising signs are allowed on any part of the WECD or WECF, including fencing, support structures, and wind turbines. No lettering, brand names, logo, company insignia, advertising, or graphics shall be on any part of the tower, hub, rotor, blades, generator or tail vane.

A sign no more than four feet square in area shall be posted on the entry area of the fence around each tower or group of towers and any building (or on the tower or building if there is no fence) containing the following:

"Warning: High Voltage."

Manufacturer's name.

Operator's name.

Emergency phone number (with twenty-four-hour, seven-days-a-week coverage).

The Planning Board may require additional signs based on safety needs.

Noise.

The sound pressure level generated by a WECD shall not exceed a six A-weighted decibel (dBA) increase over ambient noise level measured at the adjacent property lines. Ambient noise shall be measured as the lowest LEQ(60) dBA observed over a twenty-four-hour period, during which wind speed is below the cut-in speed of the proposed WECD. Multiple sets of twenty-four-hour measurements may be combined to obtain a set of twenty-four-hour measurements for which the wind speed is below the WECD cut-in speed, provided that the lowest ambient noise level of the data set is picked for each individual hour.

The WECD operating sound pressure level used for comparison to the ambient noise level shall be the maximum sound pressure level generated by the WECD.

For MWECDs and LWECDs, independent measurements and certification shall be provided before and after construction demonstrating compliance with this requirement according to a noise study whose methods are approved by the Town as part of the special use permit.

For SWECDs, a noise assessment based on manufacturer's noise data as certified by the Small Wind Certification Council or other documentation acceptable to the Town and conducted in conformance with the guidance provided by the New York State Department of Environmental Conservation's Program Policy "Assessing and Mitigating Noise Impacts," DEP-00-1, shall be provided unless the Town requests additional measurements. For this assessment ambient noise levels can be measured, or can be assumed to be LEQ(60) 25 dBA in residential zoning districts and LEQ(60) 50 dBA in other zoning districts. Regardless of the results of such analysis, SWECDs are required to comply after construction and during operation with the requirements of Subsection CC(6)(a).

In the event audible noise due to WECD operations contains a steady pure tone, such as a whine, screech, or hum, the noise generated by the WECD, as measured at the adjacent property lines, shall not exceed the ambient noise level.

Ambient noise levels shall be measured at adjacent property lines. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone.

The noise limits specified in this Subsection H shall apply to the combined noise levels generated by all WECDs constructed on a single parcel or by a single owner.

Additional standards.

WECDs and WECFs shall be finished with an unobtrusive, nonreflective, matte-finished color or camouflage scheme. WECDs in an established wind farm system that are located within 1,000 feet of each other must be of uniform design, including tower type, color, number of blades and direction of blade rotation unless a variance is obtained.

No WECDs shall be permitted that lack an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.

Power transmission lines from the WECD or other components of a WECF to on-site substations or the property boundaries shall be underground to the maximum extent practicable.

A digital viewshed map showing the impact of topography upon the visibility of the project from locations throughout the region, to a distance of five miles from the center of the project shall be provided for LWECDs. The viewshed map shall be constructed in accordance with the New York State Department of Environmental Conservation guidance document "Assessing and Mitigating Visual Impacts - DEP- 00-2." The scale used shall depict a three-mile radius no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features and other landmarks.

Color photographs, at least eight inches by 10 inches, taken from locations selected by the Town within a three-mile radius of the boundaries of the facility site shall be provided for all WECDs (not including SWECD). Said photographs shall simulate the appearance of the as-built aboveground site facilities as such would appear from said locations. The number of photographs to be submitted shall be determined by the Town, but shall be in no event less than the number of proposed individual wind turbines plus three. All WECDs shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads and trails). To the greatest extent feasible, WECFS shall use natural landforms and vegetation for screening from public viewing areas and neighboring residential areas.

WECD towers shall have either:

Tower-climbing apparatus located no closer than 12 feet to the ground;

A locked anti-climb device installed on the tower;

Tower-climbing apparatus located internally to the tower and accessible only through a locked door; or

A gated and locked, protective fence at least six feet high.

No MWECD or LWECD shall be supported with guy wires. MWECDs and LWECDs shall be of a monopole design.

The applicant shall conduct an assessment of potential shadow flicker due to any WECD in the area defined as a circle centered on the location of the WECD up to and including a distance of 10 times the WECD blade diameter. The study shall identify locations where shadow flicker may be caused by the WECD and the expected durations of the flicker at these locations. The assessment shall identify areas where shadow flicker has the potential to interfere with the use of residences or other habitable structures and describe measures that shall be taken to mitigate the effects of shadow flicker.

(j)

For LWECDs, a preconstruction study shall be conducted to establish the likely impacts on birds, bats, and other wildlife as well as possible mitigations. The applicant shall provide surveys of the biological resources, migration patterns and determination of the protection status in an area where turbines are being considered. Data shall be commensurate with the size of the proposed project and reflect loss of habitat and vegetation, including potential bird and bat collisions with any LWECD components.

(k)

WECD construction or ground disturbance involving land in agricultural districts shall comply with the New York State Department of Agriculture and Markets publication titled "Guidelines for Agricultural Mitigation for Wind Power Projects."

Applications for wind-measurement towers. An application for a wind-measurement tower shall include:

The name, address, and telephone number of the applicant; if the applicant is represented by an agent, the application shall include the name, address, and telephone number of the agent as well as an original signature of the applicant authorizing the representation.

The name, address, and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed application and authorizing the submission of the application.

The address of each proposed tower site, including Tax Map section, block, and lot number.

A site plan.

A decommissioning plan, based on the criteria in this section for WECD, including a security bond or cash for removal.

Standards for wind-measurement towers.

The distance between a wind-measurement tower and the property line shall be at least the total height of the tower. Sites can include more than one piece of property, and the requirement shall apply to the combined properties. Exceptions for neighboring property are also allowed with the consent of those property owners.

Special use permits for wind-measurement towers may be issued by the Planning Board for a period of up to two years. Permits may be renewed if the facility is in compliance with the conditions of the special use permit.

(10)

Liability insurance. Prior to issuance of a building permit for a WECD and continuing after construction until such facility is removed from the site, on an annual basis the applicant shall provide documentation satisfactory to the Town of the existence of liability insurance coverage with reasonable limits as set by the Planning Board in consultation with the Town's insurance advisor, for property damage, injury or death resulting from the construction, placement, use, maintenance or operation of a WECD by the owner of the site. The Town of Wheatland is to be named as additional insured for all required insurance policies.

(11)

Removal.

Upon approval of a special use permit for the construction of a WECD, the applicant shall provide and maintain a performance letter of credit issued by a surety provider licensed in New York State in a form acceptable to the Town or such other security acceptable to the Town for the removal of the WECD and associated facilities and property restoration in an amount acceptable to the Town Board.

When a special use permit is renewed or modified, the Town Board may adjust the required amount of the letter of credit to adequately cover increases in the cost of removal of the WECD and property restoration.

The owner of the site shall notify the Town in writing 30 days prior to the discontinuance of the use of such facility. Failure to notify the Town and/or remove the obsolete or unused WECD or facility in accordance with these regulations shall be a violation of this Code and shall be enforced in accordance with § 54-25 of the Town Code. Unused WECD and accessory structures shall be removed from any site within six months of the discontinuance of the use thereof. Removal shall include removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet, removal of all access roads, restoration of the soil, and restoration of vegetation and finished grade within six months of the end of the project life or facility abandonment.

Prior to Planning Board approval, the applicant for all MWECD and LWECD shall submit a decommissioning plan describing the intended disposition of the WECF at the end of their serviceable life or upon becoming discontinued. The plan shall describe at a minimum the following:

Any agreement with the landowner regarding equipment removal upon lease termination.

Provisions for the removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet, removal of all access roads, restoration of the soil, and restoration of vegetation and finished grade within six months of the end of the project life or facility abandonment.

The anticipated cost of removing the WECF and the financial resources that will he available to pay for the decommissioning.