Within any district, a building, structure or lot shall only be used for one or more of the uses indicated in Article III. Furthermore, each such use shall be in accordance with the regulations of the specific district in which it is located. Buildings and structures shall comply with all applicable provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
A.
Agricultural operations. The following supplemental
regulations for permitted uses apply to agricultural operations:
(1)
Adequate fencing shall be provided and maintained
at the property owner's expense to restrain and contain all livestock.
(2)
Minimum area requirements for domestic animals shall
be as follows:
(a)
For the keeping of not more than two domestic
animals, other than dogs or cats, or not more than 25 fowl, at least
80,000 square feet shall be required.
(b)
One additional domestic animal may be kept for
each additional 40,000 square feet.
(c)
The requirements of this subsection do not apply
to farms of 25 acres or more.
(3)
Any building or structure used to house or stable
animals shall be at least 100 feet from all property lines.
[Amended 5-21-2020 by L.L. No. 2-2020]
(4)
Barnyards, silos, barn gutters, animal pens, and any building or
structure used to house or stable animals shall be at least 100 feet
from water wells.
[Added 5-21-2020 by L.L. No. 2-2020]
(5)
Manure piles shall be at least 200 feet from water wells.
[Added 5-21-2020 by L.L. No. 2-2020]
B.
Public garages and filling stations. The following
supplemental regulations for permitted uses apply to public garages
and filling stations:
(1)
No major repair work shall be performed out of doors.
(2)
Pumps, lubricators and other devices shall be located
at least 25 feet from existing street rights-of-way.
(3)
Tanks for fuel, oil or similar substances shall be
stored underground or at least 50 feet from any lot line.
(4)
Dismantled vehicles (not to exceed two per lot) shall
be stored within a fenced area and shall not be visible from ground
level on adjacent lots or a public street.
C.
Warehouses and wholesale businesses. Supplemental
regulations for permitted uses in warehouses and in wholesale businesses
are that all goods and merchandise shall be kept within or at the
rear of the building(s).
D.
Industry. Supplemental regulations for permitted uses
in industry are as follows:
(1)
No outdoor processing of materials shall take place.
(2)
No vibration, heat or glare shall be permitted beyond
the property line of the lot on which the generating use is located.
(3)
No use shall, for any period of time, emit or discharge
across the property line of the lot where it is located any toxic
or noxious matter, including but not limited to smoke, dust, odor,
radioactivity or electromagnetic disturbances, in such concentrations
as to be detrimental to or endanger the public health or safety or
to cause injury to property or business.
F.
Uses within the Hamlet of Pine Bush. Sidewalks shall
be required along public streets or highways for all uses hereafter
approved by the Planning Board, Zoning Board of Appeals and/or Building
Department in the CH Center Hamlet, BP Business Park, R Residential,
RM Multiple Residence and I Industrial Zones in or about the Hamlet
of Pine Bush:
[Added 10-12-2000 by L.L. No. 3-2000; amended 5-13-2004 by L.L. No. 3-2004]
G.
Day-care centers.
[Added 5-8-2003 by L.L. No. 2-2003]
(1)
Driveways shall be located such that sight distance
is sufficient to afford safe ingress and egress for the posted speed
limit or a speed equal to 85% of the actual average speed, whichever
is greater, for the relevant section of road.
(2)
Where practicable, day-care centers shall be provided
with a one-way traffic flow. Pedestrian circulation areas should,
where practicable, avoid crossing traffic circulation ways. Dropoff
areas are encouraged, and temporary vehicular standing areas may be
sited near the building entry. If such areas are provided, they shall
be situated so as to avoid creating conflicts with entering and exiting
traffic and with internal vehicular and pedestrian circulation.
(3)
Outdoor play areas shall be provided and shall be
located in side or rear yard areas. Such outdoor play areas shall
be enclosed by secure fencing at least four feet high unless it can
be demonstrated to the satisfaction of the Planning Board that such
fencing is not necessary for the protection of health and safety.
Outdoor play areas shall include areas for play equipment and/or open
yard areas for unstructured play. Outdoor play areas shall not exceed
a slope of 10%. Play areas shall not be sited across a street or vehicular
circulation area from the building.
(4)
Buffer landscaping and/or fencing may be required
where deemed necessary by the Planning Board to screen and protect
outdoor play areas from dust, dirt or noise or to screen and protect
adjacent properties from any site-generated noise. If buffer landscaping
is provided, it shall be densely planted so as to create a virtually
opaque screen within two years after installation. If buffer fencing
is provided, it shall provide opaque coverage and shall be situated
with the finished side facing outward from the site. If provided,
buffer fencing shall not exceed six feet in height. However, in no
case shall fencing or buffer landscaping be located so as to interfere
with sight distance into or out of the site driveway(s). Buffer landscaping
and/or fencing shall be maintained to preserve the intended function
and to preserve a well-kept, attractive appearance.
(5)
Adequate off-street parking shall be provided to meet
the reasonable needs of the facility. At a minimum, one space per
staff member shall be provided, with one additional parking space
per six children enrolled during the same time period.
A.
Flea market for social organizations. The following
supplemental regulations for accessory uses shall apply to flea markets
for social organizations.
(1)
A maximum of two flea markets per year shall be permitted
for any social organization.
(2)
A flea market shall only be conducted pursuant to
a permit issued by the Building Inspector which sets forth the date(s),
place, hours of operation and any special conditions deemed necessary
by the Building Inspector.
(3)
A flea market shall be limited to a maximum of three
successive days.
(4)
Permit fees shall be established pursuant to a resolution
of the Town Board.
B.
Garage sale incidental to residence. The supplemental
regulations for flea markets for social organizations shall apply
to these sales.
C.
Home occupations. The following supplementary regulations
shall apply to home occupations:
D.
Seasonal roadside stands. The following supplemental
regulations for accessory uses shall apply to seasonal roadside stands:
E.
Trucks, boats, utility and other trailers, recreational
vehicles, and agricultural equipment. The use, storage or parking
of trucks, boats, utility and other trailers, recreational vehicles,
and agricultural equipment is regulated in all zoning districts as
provided below:
[Added 5-8-2003 by L.L. No. 2-2003]
(1)
Unenclosed parking. One each of the following types
of vehicles — truck, boat, utility or other similar trailer,
or recreation vehicle — may be parked unenclosed on a lot occupied
by a residence, provided that such parking does not take place within
the required yards of such lot or between the street line and the
principal building, and further provided that the vehicle shall not
be used for any purpose while so parked. Pickup trucks below 12,400
pounds gross vehicle weight are excluded from this limitation if maintaining
a current registration in the name of a person who resides on the
lot.
[Amended 5-13-2004 by L.L. No. 3-2004; 10-21-2010 by L.L. No.
1-2010]
(2)
Agricultural equipment. Lands in active agricultural use shall be exempt from the limitations established in Subsection E(1), except that hay wagons, when not in use, shall not be parked between the street line and the principal building.
(3)
Enclosed parking. Additional trucks, boats, trailers
or recreational vehicles used for a noncommercial purpose may be parked
or stored within a private garage on an occupied lot in any residence
district.
[Amended 5-13-2004 by L.L. No. 3-2004]
(4)
The provisions of this Subsection E shall apply to all such vehicles, trailers and equipment, including claimed existing, or preexisting, storage and parking, unless the specific storage or parking area has been previously approved by written determination of the Planning Board, Zoning Board of Appeals or Building Inspector.
(5)
Where the Planning Board has approved a site plan
or subdivision plat for a lot or use and such site plan or plat shows
vehicle parking or storage areas, the parking or storage of vehicles
must comply with the approved site plan or plat.
F.
Structures with no permanent foundation and small
buildings. Structures with no permanent foundation and buildings with
floor area of 200 square feet or less are permitted, provided that:
[Added 5-8-2003 by L.L. No. 2-2003,
amended 5-13-2004 by L.L. No. 3-2004]
(1)
No part of such structure or building is sited within
the required front yard.
(2)
All parts of such structure or building are set back
at least five feet from all other property lines.
(3)
The structure or building shall be properly secured
to the ground so as to avoid any safety hazard.
(4)
No more than two such structures per lot are permitted.
(5)
The maximum height of such structure is 12 feet.
G.
Structures mounted on permanent foundations and larger
buildings. Garages, outbuildings and other structures mounted on permanent
foundations and buildings with a floor area greater than 200 square
feet are permitted, provided that:
[Added 5-8-2003 by L.L. No. 2-2003;
amended 5-13-2004 by L.L. No. 3-2004]
(1)
No part of such structure or building is sited within
the required front yard.
(2)
[1]Any such structure or building shall be subject to the
same side yard and rear yard setback requirements that apply to a
principal building in the particular zoning district.
[Added 10-17-2013 by L.L. No. 3-2013]
[1]
Editor's Note: Former Subsection G(2), regarding setbacks,
was repealed 10-21-2010 by L.L. No. 1-2010.
H.
Fences. Fences are a permitted accessory use to all
uses, subject to the following restrictions:
[Added 5-8-2003 by L.L. No. 2-2003]
(1)
Finished side. The finished side of all fences, except
livestock fences, shall face out toward abutting properties.
(2)
Location. Fences may be placed on a property line,
except that a fence higher than four feet shall be set back a minimum
of three feet from the property line. Notwithstanding the foregoing,
no fence shall be placed within a public road right-of-way.
(3)
Sight distance. No fence shall be placed so as to
create a sight distance restriction to traffic visibility on any road
or driveway.
(4)
Height. In all zoning districts, fences shall be no
higher than six feet, except for livestock fences, which may be eight
feet. The Planning Board may expressly waive this limitation as part
of its approval of a site plan.
(5)
Construction. Fences shall be constructed of customary
and typical fence materials, such as wooden or metal posts and wires
or boards.
I.
Storage containers. The use of metal containers, such
as shipping containers, for storage or other purposes is incompatible
with all land uses in all districts in the Town of Crawford. The temporary
limited use of such shipping containers may be authorized by the Zoning
Board of Appeals for storage purposes, but only where other means
of storage is not feasible and the containers will not be visible
off site. Where such temporary limited use approval is granted, the
Zoning Board of Appeals may impose reasonable requirements, including
the posting of a bond, to ensure removal of the containers after the
temporary use period has expired.
[Added 5-8-2003 by L.L. No. 2-2003]
J.
Accessory garages in residence zoning districts. The
following supplemental regulations apply to accessory garages in residence
zoning districts:
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
All garages located in a residence zoning district
must be an accessory use and must be located on the same lot as the
residential dwelling unit to which the garage is accessory.[2]
[2]
Editor’s Note: Former Subsection J(2), regarding the
height of a detached garage, which immediately followed this subsection,
was repealed 10-21-2010 by L.L. No. 1-2010. Former Subsection J(3),
which had immediately followed Subsection J(2), was repealed 1-13-2005
by L.L. No. 1-2005.
K.
Accessory construction building and signs in nonresidence
zoning districts. One sign for each road frontage to promote a property
during site construction and one building to aid in construction shall
be permitted in all nonresidence zoning districts subject to the following:
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
The sign(s) and building shall be permitted only during
construction, only while a valid building permit for the principal
building is in effect and for a maximum time period of six months,
which time period may be extended by the Building Inspector upon timely
application.
(2)
The sign(s) and building must comply with all applicable
laws and regulations and must be authorized by permits issued by the
Building Inspector.
(3)
No certificate of occupancy for any principal building
or use shall be issued until the accessory sign(s) and building are
removed from the property.
L.
Outdoor furnaces.
[Added 10-15-2009 by L.L. No. 2-2009]
(1)
Although outdoor furnaces may provide an economical alternative to
conventional heating systems, there is legitimate concern regarding
the safety and environmental impacts of these heating devices, particularly
the production of offensive odors, smoke and soot, and the potential
health effects of uncontrolled emissions. The permit for such uses
is intended to ensure that outdoor furnaces are located, installed
and operated in a manner that does not create a nuisance and is not
detrimental to the health, safety or general welfare of the residents
of the Town.
(2)
FIREWOOD
OUTDOOR FURNACE
UNTREATED LUMBER
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Trunks and branches of trees, but not including leaves, needles,
vines or brush smaller than three inches in diameter.
Any equipment, device or apparatus, or any part thereof,
which is designed to be installed, affixed or situated outdoors for
the primary purpose of combustion of firewood, untreated lumber or
other combustible material recommended by the device manufacturer
in order to produce heat or energy used as a component of a heating
system providing heat for any interior space.
Dry wood which has been milled, but which has not been treated
or combined with a petroleum product, chemical preservative, glue,
adhesive, stain, paint or other substance.
(3)
Except as provided in § 137-14L(4), no person shall cause, allow or maintain the use of an outdoor furnace within the Town of Crawford without having first obtained a permit from the Code Enforcement Officer. Notwithstanding any provision in this chapter to the contrary, site plan approval by the Planning Board shall not be required.
(4)
Any outdoor furnace lawfully installed and lawfully in operation on or before October 15, 2009, and complying with applicable zoning, air quality regulations, Town building code requirements, New York State Uniform Fire Prevention and Building Code and Energy Conservation Construction Code, shall be permitted to remain, provided that the owner registers the device with the Code Enforcement Officer within 60 days of the effective date of this Subsection L. However, notwithstanding the foregoing, upon the effective date of this Subsection L, the provisions of this § 137-14L(4) and § 137-14L(7) and (8) shall immediately apply to existing outdoor furnaces. If the owner of an existing outdoor furnace does not register the device with the Code Enforcement Officer within 60 days of the effective date of this Subsection L, the outdoor furnace shall be removed.
(5)
Location requirements.
(a)
Outdoor furnaces shall be set back not less than 150 feet from
the nearest lot line.
(b)
Outdoor furnaces shall not be installed or operated within 200
feet of a residence, other than the residence being heated by the
outdoor furnace or an accessory residence located on the same lot.
(c)
Outdoor furnaces shall not be installed or operated within 500
feet of a building used for a hospital, school, day-care center or
nursing home or within 500 feet of a municipal park.
(6)
Installation requirements.
(a)
Outdoor furnaces shall be installed and operated in accordance
with manufacturer's specifications and operating instructions, a copy
of which shall be provided to the Code Enforcement Officer by the
owner upon application for a permit or upon registration of an existing
outdoor furnace.
(b)
Outdoor furnaces shall be installed on a concrete slab extending
at least two feet in front of any load door and at least one foot
wider than the outside of the outdoor furnace on all other sides.
(c)
All outdoor furnaces shall be equipped with a properly functioning
spark arrestor and shall have suitable provisions for storage of ash
or other waste materials produced by the operation of the outdoor
furnace.
(d)
No outdoor furnace shall be closer than 200 feet to the nearest
neighboring dwelling. If the outdoor furnace is more than 200 feet
to the nearest neighboring dwelling, but less than 500 feet, the height
of the chimney for the outdoor furnace shall be at least as high as
the peak roof elevation of the neighboring dwelling. If there is an
existing outdoor furnace already installed on a lot and thereafter
there is new construction of a residence, hospital, school, day-care
center or nursing home on an adjacent lot, which new building is less
than 500 feet to the existing outdoor furnace, then the owner of such
outdoor furnace shall conform to the chimney height requirements of
this section within 30 days after the date that construction of the
new building is complete and upon written notice from the Code Enforcement
Officer.
(7)
Operational requirements. In addition to applicable air quality regulations,
Town building code requirements, the New York State Uniform Fire Prevention
and Building Code and Energy Conservation Construction Code, outdoor
furnaces shall be operated in accordance with the following standards
and conditions:
(a)
Only dry, seasoned firewood, untreated lumber or other combustible
material recommended by the device manufacturer is permitted to be
burned in an outdoor furnace. Burning of any and all other materials
in an outdoor furnace is prohibited.
(8)
Suspension of permit or authorization.
(a)
A permit issued pursuant to this Subsection L or authorization to operate an existing outdoor furnace registered with the Code Enforcement Officer may be suspended by the Code Enforcement Officer at his or her sole discretion if any of the following conditions occur:
[1]
Emissions from the outdoor furnaces exhibit greater than twenty-percent
opacity (six-minute average) except for one continuous six-minute
period per hour or not more than twenty-seven-percent opacity, which
shall be determined as provided in 6 NYCRR 227-1.3(b); or
[2]
Malodorous air contaminants from the outdoor furnaces are detectable
outside the property of the person on whose land the outdoor furnace
is located; or
[3]
The emissions from the outdoor furnace interfere with the reasonable
enjoyment of life or property; or
[4]
The emissions from the outdoor furnace cause damage to vegetation
or property; or
[5]
The emissions from the outdoor furnace are or may be harmful
to human or animal health.
(b)
A suspended permit or authorization to operate may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit or authorization to operate shall be considered a violation of this Subsection L subject to the penalties provided in § 137-37 hereof.
(9)
Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or any federal, state, regional or local agency. Outdoor furnaces and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this Subsection L and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.
M.
Dumpsters. A dumpster that is not in use on October 17, 2013, shall
not be used or placed on any property unless the dumpster location
and enclosure is first approved by the Planning Board. The dumpster
shall be enclosed in a manner determined by the Planning Board. If,
due to the size or other physical condition of the property, it is
not feasible, practical or necessary for a property owner to enclose
the dumpster, then the Planning Board may determine that enclosure
is not required. For the purpose of this subsection, a "dumpster"
is a bulk container or receptacle with a capacity exceeding 1.5 cubic
yards, the purpose of which is the temporary storage and disposal
of garbage, trash, rubbish and any other form of waste materials,
not including hazardous or infectious waste.
[Added 10-17-2013 by L.L. No. 3-2013]
N.
Wedding receptions and similar special events incidental only to
an agricultural operation, winery or other farm operation.
[Added 6-16-2016 by L.L.
No. 4-2016]
(1)
Weddings, receptions and similar special events ("special events")
shall be permitted as an accessory use to an agricultural operation,
winery or other farm operation ("farm operation") in the RA Zoning
District after review and approval by the Planning Board. Such special
events applications shall be reviewed by the Planning Board in the
same manner, and subject to the same procedures and requirements,
as a special permit application in order to allow the Planning Board
to comprehensively address and regulate the specific facts and circumstances
presented by the particular application. The Planning Board shall
reasonably streamline that review process.
(2)
No special event permitted or regulated by this subsection shall
occur until the owner/operator of the farm operation has applied to
and received a special permit from the Planning Board.
(3)
In reviewing a special events permit application, the Planning Board
shall consider the type, size, frequency, duration and time of day
of the proposed special events; the distance between the special events
area and neighboring residences; the potential for noise or other
disturbance of neighboring residences; natural screening; parking;
driveway(s); vehicular access and number of vehicles; whether food
or beverages will be catered or prepared on-site; and any other factor
deemed relevant by the Planning Board in its consideration of a particular
application, in order to assure that the special events do not adversely
affect neighboring properties or the character of the neighborhood.
A special permit may be granted for no more than a twelve-month period.
(4)
The applicant shall be required to commit to a maximum number of
special events in each three-month period, six-month period and twelve-month
period of the special permit. The Planning Board is not required to
permit the maximum number of events proposed by the applicant, but
rather the Planning Board shall have the authority and discretion
to restrict the number of special events during each time period to
a number less than that proposed by the applicant. The applicant shall
be required to comply with the Planning Board's restriction on the
number of events and to comply with all other conditions and restrictions
imposed by the Planning Board.
(6)
In addition, the following standards and requirements shall apply:
(a)
The special events must be incidental and subordinate to the
farm operation, and the farm operation must remain the principal activity
on the property. The special events shall not alter the agricultural
character of the applicant's property or the agricultural or residential
character of the neighborhood.
(b)
There shall be no more than a maximum of 150 attendees at a
special event. Although 150 attendees is the maximum number of attendees
permitted, the Planning Board shall have authority and discretion
to limit the number of attendees to a lower number than 150 upon its
consideration of the specific facts and circumstances presented by
a particular application.
(c)
The area(s) where the special events are conducted shall be
set back at least 100 feet from all lot lines and at least 250 feet
from the nearest residence. The Planning Board may reduce these distance
limitations upon consideration of the specific facts and circumstances.
(d)
One designated parking space shall be provided for every two
special event attendees, based upon the maximum number of attendees
permitted by the Planning Board. Driveway access shall provide adequate
ingress and egress for guests' vehicles and emergency vehicles. The
Planning Board shall have discretion to determine the appropriate
driveway and parking area locations and surface, and shall consider
the potential effect of the driveway and parking area locations on
neighboring properties and residences. The Planning Board shall have
discretion to require a dustless surface for all or a portion of the
driveway(s) and parking area.
(e)
Sight distances at the intersection of the site driveway(s)
and fronting road and at road intersections leading to and from the
site shall be adequate.
(f)
Exterior lighting used for a special event shall contain horizontal
cutoff shields and shall be limited to no more than 2.0 footcandles.
(g)
Music shall be permitted, subject to conditions imposed by the
Planning Board, including but not limited to establishing the hours
during which music may be performed.
(h)
The water supply and wastewater facilities shall be adequate
to accommodate the special events. The Board may require the applicant
to demonstrate that such facilities are adequate. Although permanent
sanitary facilities are preferred, high-end portable trailer bathrooms
are permitted. Port-a-potties, such as those typical to a construction
site, are prohibited. Sanitary facilities are subject to inspection
and approval by the Building Inspector.
(i)
The Planning Board may require the applicant to post a bond
to secure the repair of Town road(s) if it appears that the special
events at a particular site or sites may cause undue damage or wear
to the road(s).
(j)
The special events area and all buildings and vehicular access
used for the special events shall comply with all applicable building
code, fire code and other regulations.
(k)
The applicant shall obtain all other applicable approvals, such
as Department of Health approval, if required.
(7)
A special events special permit shall expire one year after the Planning
Board's approval of the special permit. Special events authorized
by a special permit shall not be conducted after expiration of the
special permit. An applicant may apply to the Planning Board to renew
the special permit or to request amendment of the terms and conditions
of a special permit. If an applicant seeks renewal of a special permit
without change in the terms and conditions, and if no violation notice
has been issued related to the special permit and no significant complaints
(as determined by the Planning Board) have been made concerning special
events conducted on the property, then no application fee shall be
charged for a renewal permit. On a renewal application, the Planning
Board may waive the public hearing.
(8)
Special permits issued pursuant to this § 137-14N are subject to review, modification and suspension by the Planning Board, as provided in § 137-26C(9).
O.
Ground-mounted small-scale and large-scale solar energy systems are regulated in § 137-25.2.1.
[Added 9-15-2016 by L.L.
No. 7-2016; amended 4-20-2017 by L.L. No. 2-2017]
A.
Height regulations. The height limitations of this
chapter may be waived by the Planning Board for flagpoles, spires,
belfries, chimneys, skylights, solar collectors, water or cooling
towers, elevators or silos when they are a part of a site plan only.
B.
Yard requirements. The following accessory structures
may be located in any required yard:
(1)
Chimneys or pilasters.
(2)
Open arbors or trellises.
(3)
Unroofed steps, patios or terraces, provided that
the associated structure otherwise complies with the yard requirements
of this chapter.
(4)
Awnings or movable canopies not to exceed 10 feet
in height.
(5)
Retaining walls, fences or masonry walls which otherwise
meet the requirements of this chapter.
(6)
Overhanging roofs not in excess of 10% of the required
front yard depth measured from the street line.
C.
Existing lots. A dwelling may be erected as a permitted
use on any lot in an RA, R, or RM District which does not conform
to the lot area requirements of the Table of Dimensional Regulations,
provided that:
[Amended 5-13-2004 by L.L. No. 3-2004]
D.
Existing lots in excess of 40,000 square feet. A dwelling
may be erected as a permitted use on any lot in the RA District which
is in excess of 40,000 square feet, but does not conform to the lot
area requirements of the Table of Dimensional Regulations, provided
that:
[Added 5-8-1997 by L.L. No. 4-1997[1]]
(1)
Such lot was lawfully in existence on May 8, 1997,
or formal application for subdivision approval of such lot was made
on or before May 8, 1997, and thereafter approved by the Planning
Board.
(2)
All other provisions of this chapter are complied
with. Notwithstanding the foregoing, any existing preapproved lot
in excess of 40,000 square feet shall not be required to meet the
lot width provisions or the front yard setback requirements of this
chapter.
[Amended 3-11-1999 by L.L. No. 1-1999]
[1]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
E.
The minimum front yard setback requirement for that portion of a
lot that fronts on the rounded portion of a circular cul-de-sac turnaround
shall be 75% of the minimum front yard setback requirement listed
in the Table of Dimensional Regulations[2] for each respective zoning district.
[Added 1-18-2007 by L.L. No. 2-2007]
[2]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
A.
Front yard setbacks and requirements are required
for all yards which abut streets.
B.
At all street intersections, no obstruction to vision
over 30 inches in height shall be erected on any lot within the triangle
formed by the intersecting street lines and a line drawn between points
along such street lines 50 feet distant from their point of intersection.
[Amended 9-11-2003 by L.L. No. 8-2003]
A.
SIGN
SIGN AREA
(1)
(2)
SIGN, ADVERTISING
SIGN, COPY-CHANGE
SIGN, ELECTRONIC MESSAGE-CHANGE
SIGN, INDIRECTLY ILLUMINATED
SIGN, INTERNALLY ILLUMINATED
SIGN, PERMANENT
SIGN, PORTABLE
SIGN, WALL
SIGN, WINDOW
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any display of lettering, numbering, logos, design, colors,
lights, or illumination visible to the public right-of-way, which
either conveys a message to the public or intends to advertise, direct,
invite, announce or draw attention, directly or indirectly, to a use
conducted, events goods, products, services or facilities available.
Includes the surface area of a sign as described below:
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
When such sign consists only of individual letters,
designs or figures engraved, painted, projected or in any manner affixed
to the ground or to a structure, the sign area shall be deemed to
include the area within which all of the sign material may be inscribed.
Any sign promoting products sold or services provided.
A permanently mounted sign that allows a message to be created
and changed from time to time by way of inserting permanent letters
into a frame.
A sign or device that displays a message composed of multiple
small lighted points that are or may be controlled by electronic mechanism
so as to vary its display, either to vary the text of the message
itself or the manner in which the lighted message is displayed (e.g.,
flashing, appearing to move across a screen).
A sign that is illuminated from a shielded light source focusing
light onto the sign from the outside, as opposed to internally illuminated
signs.
A sign consisting of translucent facing materials with lettering
or images and lit from inside by bulbs, tubes, or other light sources.
This includes individual letters, designs, or figures consisting of
translucent materials that are lit from an internal light source and
mounted on the side of a building.
Any sign permanently affixed to the ground or structure.
A sign that is designed to be movable and not structurally
attached to the ground, a building, a structure or another sign. Portable
signs include but are not limited to those that allow the creation
of customized messages by way of inserting letters into a frame.
Any sign that shall be affixed parallel to the wall or printed
on the wall of any building in such a manner as to read parallel to
the wall on which it is mounted.
Any sign erected, constructed and internally mounted on or
in a window or door of a building which is visible from a public area.
B.
General regulations.
(1)
Sign permits.
(a)
No permanent sign, for a new building or new lot, may be constructed, erected or installed unless a sign permit is first approved and issued by the Building Inspector pursuant to site plan approval by the Planning Board. Temporary signs permitted pursuant to Subsection I of this section shall also require a sign permit approved and issued by the Building Inspector prior to installation.
[Amended 5-13-2004 by L.L. No. 3-2004; 1-16-2014 by L.L. No.
1-2014]
(b)
A fee of $10 shall be charged for sign permits.
(2)
Window signs, where permitted, shall not cover more
than 50% of the window and shall be placed so as not to obstruct the
view inside the building.
(3)
No sign shall be higher than the principal building
to which it is accessory.
(4)
Any sign that overhangs a sidewalk shall be installed
at least nine feet from the sidewalk to the bottom of the sign. No
sign shall project over a public street or over the ingress or egress
of a lot.
(5)
Off-premises signs. Signs displaying information on
uses, events, goods, products, services or facilities offered at locations
other than on the tax lot where the sign is located are prohibited,
with the following exceptions:
(a)
General directory or directional signs, subject to approval by the Planning Board, as applicable, for properties with shared access pursuant to § 137-11. General directory or directional signs shall be no larger in area than two square feet and shall include only the name(s) of the establishment and basic directional information in lettering no higher than five inches. Such directory signs are typically internal to the common accessway and are not intended to serve as additional advertising signs, but only to direct the public within a business or industrial park.
[Amended 1-16-2014 by L.L. No. 1-2014]
(b)
Where businesses are using shared access pursuant to § 137-11, limited business signage shall be permitted at the intersection(s) of the shared accessway with the public road in order to reduce a proliferation of signs while still providing reasonable identification, as follows: one sign not more than 10 square feet is permitted identifying the business park name or the name of the primary use(r) of the site. The Planning Board may require lettering on such signs to be at least five inches tall where needed in order to ensure adequate visibility on highways with a posted speed limit greater than 45 miles per hour. In addition to the business park place name sign, an additional sign or signs not collectively totaling more than 10 square feet in size shall be permitted to list up to three tenants or businesses within the business park.
[Amended 1-16-2014 by L.L. No. 1-2014]
(c)
An off-premises business sign may be located
on a different tax lot than the tax lot of the place of business,
provided that the tax lots are part of the same property held in common
ownership.
[Added 8-5-2004 by L.L. No. 6-2004]
(6)
No sign shall be placed on a street name sign, public utility pole,
traffic structure or traffic control device, except municipal and
emergency services shall be allowed to place directional signs on
street name signs. Notwithstanding any other provision of this chapter,
any sign placed on a street name sign, public utility pole, traffic
structure or traffic control device may be removed by the Building
Inspector or his designee without notice to the sign owner.
[Amended 8-14-2008 by L.L. No. 2-2008]
(7)
Where any building, structure or use requires site
plan approval, then sign size, design, materials, color and construction,
height, location and lighting is subject to review and approval by
the Planning Board as part of site plan review. In cases where a sign
was not approved as part of a required site plan review, the property
owner shall be required to apply for and obtain site plan approval
of the proposed or existing unlawful sign(s) pursuant to this chapter.
The Planning Board shall review such application and either approve
said application or provide comments to the applicant within 30 days
after a complete application is made. For all sign applications not
otherwise requiring site plan approval pursuant to this chapter, a
sign application may be referred by the Building Inspector to the
Planning Board for comment. Said Board shall review and respond to
the Building Inspector within 30 days.
[Amended 1-16-2014 by L.L. No. 1-2014]
(8)
A permanent sign that lawfully exists and complies with then-existing sign regulations at the date of adoption of this § 137-17 shall be considered a lawful nonconforming sign. However, all such signs must be brought into compliance with this section and any amendments thereto within 10 years of the effective date of this section (the "amortization period"). A nonconforming permanent sign authorized pursuant to a site plan approval granted by the Planning Board shall be exempt from this requirement. A temporary sign existing at the date of adoption of this section shall be brought into compliance with this law or removed within six months after such effective date.
(a)
A sign owner may submit a request to the Town
Board to extend the amortization period for a permanent sign. Such
request must be made in writing within 60 days prior to the expiration
of the amortization period and must include credible evidence establishing
that due to specific circumstances the amortization period is unreasonable
and will result in a substantial loss of investment. The Town Board
may, after consideration of the evidence provided, grant an extension
of the amortization period for such sign. The burden of proof lies
with the sign owner.
(b)
If any nonconforming sign is abandoned, removed,
not maintained, or enlarged during the amortization period, such amortization
period as applied to such sign shall immediately terminate, and the
sign shall be deemed an illegal sign.
(9)
Internally illuminated signs are discouraged. Indirect
sign illumination is encouraged where illuminated signs are permitted
pursuant to this chapter.
C.
Prohibitions.
(1)
No sign shall be illuminated in a way that produces
excessive glare or hazardous conditions to pedestrian and automotive
traffic; nor shall any sign be illuminated so as to cause glare or
light spillover onto adjoining properties.
(2)
No sign shall consist of lights that flash or move
or appear to move, nor shall any sign consist of nor include any objects
attached to the sign that move or appear to move.
(3)
No sign shall be installed or designed such that it
may compete with or be mistaken for a traffic sign. This shall include
all signs that incorporate any shape that imitates or resembles a
traffic sign, or signs that are not official traffic signs that include
or bear the words "stop," "caution," "warning," "go slow," "turn back"
or similar words.
(4)
All signs must be permanently affixed to a permitted
building or structure, or permanently mounted on pole(s) and/or to
the ground, except as may otherwise be specifically allowed in this
chapter.
(5)
The outlining of a perimeter of a building with lights
(except as part of a temporary seasonal display of holiday lighting
lasting not longer than 60 days) is prohibited.
(6)
The outlining of a display window with lights, including
the outlining of a window with neon or colored light, is prohibited.
This shall not be construed to prohibit temporary seasonal display
of holiday lighting lasting not longer than 60 days.
(7)
Gas-filled figures or objects, whether tethered to
the ground or to any part of a building, are prohibited. This shall
not be construed to prohibit the tying of balloons not exceeding 14
inches in diameter to a structure as part of a temporary use extending
not more than three consecutive days, except that in no case shall
such balloons extend above the height of the building soffit.
(8)
Portable signs, except as otherwise specifically permitted
in this chapter, are prohibited. In no case shall any temporary or
permanent signs resting on or attached to trailers, parked vehicles
or other moveable objects be used as a means to circumvent the provisions
of this chapter.
(9)
Electronic message-change signs are prohibited in
all districts, and shall not be used under any circumstances, including
but not limited to a window sign, as a freestanding sign, or on a
building.
D.
Lighting hours. No sign shall be illuminated between
the hours of 11:00 p.m. and 6:00 a.m. unless the premises are open
for general business during such hours.
E.
Exempt signs. The following signs are exempt from
approval and permit requirements, except that, where noted below,
size, quantity and other limitations shall apply as indicated for
the specific type sign. In addition, maintenance of all signs shall
be required and may be enforced in the manner set forth in this chapter.
(1)
House numbers and nameplates (nonilluminated) for
each residential dwelling unit, not to exceed two square feet, total
all faces, indicating the name of the occupant and/or the location.
(2)
"No Trespassing," "No Dumping," "No Hunting" or similar
signs not to exceed 1 1/2 square feet in area per sign, spaced
evenly along the property, spaced no closer than 250 linear feet as
measured along the property line; however, one such sign will be permitted
on each side of the property regardless of spacing.
(3)
Nonilluminated directional or instructional signs
as reasonably necessary to provide direction or instruction and located
entirely on the property to which they pertain, signs identifying
rest rooms, public telephones or walkways, or signs providing direction,
such as parking lot entrances and exit signs and those of similar
nature, except that where the project is subject to site plan review,
at the discretion of the Building Inspector, these signs may require
application to the Planning Board for approval and must be shown on
approved site plans where site plan approval is required.
(4)
Flags, emblems or insignia-type signs of any nation,
state or political subdivision, or corporate flag. The maximum permitted
height for these type signs shall be 30 feet in all zones. No more
than three such signs, flags, emblems or insignia in total shall be
installed or displayed, unless the additional signs are approved by
the Planning Board as an element of a site plan.
(5)
Governmental signs for control of traffic and other
regulatory purposes, street signs, danger signs, railroad crossing
signs and signs of public service companies indicating danger and
aids to service or safety which are erected by or on the order of
a public officer in the performance of his or her public duty.
(6)
Temporary holiday decoration signs of a primarily
decorative nature, clearly incidental and customary and commonly associated
with a national, local or religious holiday.
(7)
Interior signs located within a building or stadium
or within an enclosed lobby or court of any building.
(8)
Memorial signs, tablets, plaques or names of buildings
and dates of erection when cut into any masonry surface, inlaid or
otherwise directly fastened to the building so as to be part of the
building or when constructed of bronze or other noncombustible material.
(9)
Permanent copy-change signs not over 20 square feet
in area for medical, public, charitable, civil or religious institutions,
where the same are located on the premises of said institution.
(10)
Public notices. Official notices posted by public
officers or employees in the performance of their duties.
(11)
Public signs required or specifically authorized
by any law, statute or ordinance, which signs may be of any type,
number, area, height above grade, location, illumination or animation
required by the law, statute or ordinance under which the signs are
erected.
(12)
Religious symbols, commemorative plaques of
recognized historical agencies or identification emblems of religious
orders or historical agencies, provided that no such symbol, plaque
or identification emblem shall exceed four square feet in area.
(13)
Warning signs alerting the public to the existence
of a temporary danger but containing no advertising material, of a
size as may be necessary, to be removed upon subsidence of danger.
(14)
Political campaign signs pertaining to candidates
for public office, political parties or public referenda or other
public issues. Such signs must be displayed only on private property.
The Town of Crawford encourages but does not require that said signs
be displayed no earlier than 30 days prior to the relevant election
or referendum and that they be removed no later than 10 days after
such election or referendum.
(15)
At gasoline stations:
(a)
Integral graphics or attached price signs on
gasoline pumps, and graphics or company identification on island canopies;
however, the size or shape of the canopy shall not be modified to
expand the same for purposes of additional signage use. This does
not exempt canopies from the required reviews and approvals of the
Building Inspector and Planning Board.
(b)
Two price, product or promotional signs, each
not exceeding six square feet in size, if located on the pump island,
or set not closer than 10 feet to the edge of the roadway pavement,
nor exceeding eight feet above grade, nor situated so as to impair
visibility for pedestrians or motorists.
(16)
Not more than one temporary unlighted "For Sale"
or "For Rent" sign not exceeding 12 square feet in size located on
a property that is for sale or for rent, which sign shall be removed
upon the sale or rental of the property. Where a property that is
for sale or for rent abuts more than one public right-of-way, one
unlighted "For Sale" or "For Rent" sign shall be permitted at each
right-of-way. In addition, for development projects under construction
and actively marketing sites, lots or dwelling units, no more than
a total of two "For Sale" or "For Rent" signs, each not exceeding
12 square feet in size, shall be permitted at entrances to the development
project, which sign(s) shall be removed upon occupancy of the project.
[Amended 8-5-2004 by L.L. No. 6-2004]
(17)
Not more than two temporary unlighted "For Sale"
or "For Rent" signs not exceeding 16 square feet in size located on
a property that is for sale or for rent, to be removed upon completion
of the sale. Where a property that is for sale or for rent abuts more
than one public right-of-way, up to two additional unlighted "For
Sale" or "For Rent" signs shall be permitted.
(18)
Temporary banners, pennants and related signs
will be allowed in residential districts in conjunction with an open
house or model home demonstration not to exceed a total period of
15 days.
(19)
Banners, pennants and related signs pertaining
to temporary fairs, carnivals and other events requiring special permission
of the Town Board pursuant to the requirements of this chapter shall
be addressed within the purview of such Town Board approval.
(20)
Signs for agricultural row crops.
F.
Construction specifications. All signs shall comply
with the provisions of the New York State Uniform Fire Prevention
and Building Code[1] and the National Electrical Code, or their successor code
for the year of latest revision, and the additional construction standards
hereinafter set forth in this subsection.
(1)
Obstruction to exits. No signs shall be erected, constructed
or maintained so as to obstruct any fire escape, required exit, window
or door opening used as a means of egress.
(2)
Obstruction to ventilation. No sign shall be attached
in any form, shape or manner which will interfere with any opening
required for ventilation, except that such signs may be erected in
front of and may cover a transom when not in violation of the provisions
of the Uniform Fire Prevention and Building Code.
(3)
Clearance from high-voltage power lines. Signs shall
be located in such a way that they maintain horizontal and vertical
clearance of all overhead electrical conductors in accordance with
National Electrical Code specifications, depending on voltages concerned.
However, in no case shall a sign be installed closer than 24 inches
horizontally or vertically to any conductor or public utility guy
wire.
(4)
Freestanding sign materials. All freestanding sign
structures or poles shall be self-supporting structures erected on
or permanently attached to concrete foundations.
(5)
Wind loads. All signs except those attached flat against
the wall of a building shall be constructed to withstand wind loads
of 30 pounds per square foot of the total face area of the letters
and other sign surfaces.
(6)
Sign anchoring. Signs shall be anchored to prevent
any lateral movement that would cause wear on supporting members or
connections.
G.
Removal and disposition of signs.
(1)
Maintenance and repair. Every sign, whether or not
a permit or permit fee is required, shall be maintained in a safe,
presentable and structurally sound condition at all times, including
the replacement of defective parts, painting, repainting, cleaning,
and other acts required for the maintenance of said sign. The Building
Inspector shall require compliance with all standards of this chapter.
If the sign is not made to comply with adequate safety standards by
the property owner, the Building Inspector shall require its removal
in accordance with this section.
(2)
Dangerous or defective signs. No person shall maintain
or permit to be maintained on any premises owned or controlled by
him any sign which is in a dangerous or defective condition. Any such
sign shall be removed or repaired by the owner of the premises.
(3)
Unlawful signs. No person shall erect on any premises
owned or controlled by him any sign which does not comply with the
provisions of this chapter.
(4)
Street improvements projects. Where the construction
or the widening of a street or driveway causes an existing sign to
overhang the street or driveway, said sign shall be deemed unlawful
and shall be removed or relocated at the owner's expense.
H.
Removal of signs by the Town. In addition to and not
in lieu of other remedies and penalties for violation of the zoning
law, unlawful or dangerous signs may be removed by the Town pursuant
to the provisions below.
(1)
The Building Inspector shall cause to be removed any
sign that endangers the public safety.
(2)
Where the Building Inspector determines that a sign
is dangerous or unlawful, the Building Inspector shall prepare a notice
which shall describe the sign and specify the violation and shall
state that if the sign is not removed or the violation is not corrected
within 30 days, the sign may be removed by the Town in accordance
with the provisions of this subsection. All notices mailed by the
Building Inspector shall be sent by certified mail, return receipt
requested. Any time periods provided in this section shall be deemed
to commence on the date of the mailing of the certified mail. The
notice shall be mailed to the owner of the property on which the sign
is located as the ownership is shown on the latest assessment roll
for the Town. Any person having an economic interest in the sign or
in the property on which the sign is located may appeal the determination
of the Building Inspector ordering removal or compliance by filing
a written notice of appeal with the Zoning Board of Appeals within
30 days of the notice.
(3)
In cases of emergency, as determined by the Building
Inspector, the Building Inspector may cause the immediate removal
of a dangerous or defective sign without notice or within a time period
less than 30 days.
(4)
If the owner fails to comply with the Building Inspector's
order, the Town may cause the sign to be removed at the property owner's
expense. Any sign so removed shall become the property of the Town
and may be disposed of in any manner deemed appropriate by the Town.
The costs of removal and disposal of the sign by the Town shall be
deemed a debt owed to the Town by the owner of the property and may
be recovered in an appropriate court action by the Town or by levy
and assessment against the property in the same manner as real property
taxes. Said costs shall also include any and all costs and expenses,
including reasonable attorney's fees, incurred by the Town in connection
therewith.
(5)
In cases of unlawful signs that are of a temporary
and nonsubstantial value, including but not limited to paper, cloth,
flags or cardboard signs affixed to telephone poles or stuck in the
ground, the Building Inspector may remove such signs on the spot or
direct the immediate removal of such signs without notice.
I.
Temporary signs.
(1)
Temporary unlighted signs, banners or flags will be
allowed by a business, by permit, for no more than 30 days. A new
permit may be issued two weeks after expiration of a prior permit.
Permits for temporary signs will be approved and issued by the Building
Inspector, provided that the guidelines and requirements of this law
are followed. Routine or regular seasonal use of flags or banners
may be approved only where such use is specifically determined to
be consistent with surrounding neighborhood character.
[Amended 5-13-2004 by L.L. No. 3-2004]
(2)
Temporary unlighted signs erected by and for social organizations
to advertise events such as suppers, banquet, benefits, and fund-raising
sales may be erected for a thirty-day period in any district upon
the issuance of a permit from the Building Inspector, provided that
the signs do not constitute a traffic hazard, as may be determined
by the Building Inspector, and shall be removed within one week after
the advertised event.
[Amended 8-14-2008 by L.L. No. 2-2008]
(3)
Temporary unlighted signs erected to advertise garage
sales may be erected no more than for seven days before the sale,
without permit, in any district, provided that the signs shall not
constitute a traffic hazard and shall be removed within one week after
the advertised event.
(4)
A new business or a business in a new location outside of the Center
Hamlet District may utilize a temporary sign for a period of not more
than 60 days while awaiting installation of a permanent sign. The
temporary sign shall be securely fastened and placed so as not to
obstruct any pedestrian traffic or vehicular sight distance or otherwise
pose a hazard or nuisance, all as may be determined by the Building
Inspector. Such temporary sign shall not exceed 16 square feet in
size. The lighting for the temporary sign shall comply with all applicable
standards of this chapter. If the Planning Board has approved the
location of a permanent sign, then the temporary sign shall be placed
in such approved location, unless such location is impractical for
the temporary sign, in which case the temporary sign location is subject
to the approval of the Building Inspector.
[Amended 8-14-2008 by L.L. No. 2-2008]
(5)
Any sign not removed in the time provided for above
is a violation of this law. Each day such violation continues is deemed
a separate and distinct violation.
J.
Residence and residence/agriculture districts. In addition to any applicable exempt signage addressed in Subsection E above, the following signs shall be permitted:
(1)
Home occupation signs. One nonilluminated sign per
home occupation no larger in area than two square feet indicating
the name, address, phone number and purpose of the home occupation
is permitted. Such sign should be placed as close as possible to the
intersection of the driveway and the public road, but shall in no
case be located so as to interfere with sight distance.
(2)
For seasonal roadside farm stands, not more than two
signs per lot shall be permitted, no greater than 12 square feet each,
pertaining to the articles being sold.
(3)
For a house of worship, one non-illuminated sign not exceeding 12
square feet in size shall be permitted per lot, which sign shall be
subject to site plan approval. Depending on the hours of operation
of such use, the Planning Board may allow such sign to be illuminated.
Decorative finials and posts extending not more than 12 inches above
the body of the sign are permitted and shall not be included in the
calculation of the height or area of the sign.
[Amended 1-18-2007 by L.L. No. 1-2007; 1-16-2014 by L.L. No.
1-2014]
(4)
The total height of any freestanding sign structure in the R or RA
Zoning District shall not exceed four feet measured from preexisting
grade.
[Added 1-18-2007 by L.L. No. 1-2007]
K.
Office-Residence District. In addition to any applicable exempt signage addressed in Subsection E above, the following signs shall be permitted. Except for roadside farm stand signs, any proposed nonexempt sign shall require prior approval by the Planning Board.
[Amended 1-18-2007 by L.L. No. 1-2007; 1-16-2014 by L.L. No.
1-2014]
(1)
Home occupation signs. One nonilluminated sign per
home occupation no larger in area than two square feet indicating
the name, address, phone number and purpose of the home occupation
is permitted. Such sign should be placed as close as possible to the
intersection of the driveway and the public road, but shall in no
case be located so as to interfere with sight distance.
(2)
For seasonal roadside farm stands, not more than two
signs per lot shall be permitted, no greater than 12 square feet each,
pertaining to the articles being sold.
(3)
For all other permitted and specially permitted uses
in the Office-Residence District, one nonilluminated sign not larger
than six square feet identifying the use is allowed as approved by
the Planning Board pursuant to site plan approval. Such sign should
be placed as close as possible to the intersection of the driveway
and the public road, but shall in no case be located so as to interfere
with sight distance. Depending on the hours of operation of such uses,
the Planning Board may allow such sign to be indirectly illuminated.
(4)
For a house of worship, one nonilluminated sign not exceeding 12
square feet in size shall be permitted per lot, which sign shall be
subject to site plan approval. Depending on the hours of operation
of such use, the Planning Board may allow such sign to be illuminated.
Decorative finials and posts extending not more than 12 inches above
the body of the sign are permitted and shall not be included in the
calculation of the height or area of the sign.
(5)
The total height of any freestanding sign structure in the O-R Zoning
District shall not exceed four feet measured from preexisting grade.
L.
Center Hamlet District and Business Park District. In addition to any applicable exempt signage addressed in Subsection E above, the following signs shall be permitted. Except for roadside farm stand signs, any proposed nonexempt sign shall require prior approval by the Planning Board.
[Amended 5-13-2004 by L.L. No. 3-2004; 1-18-2007 by L.L. No.
1-2007; 1-16-2014 by L.L. No. 1-2014]
(1)
Freestanding or ground-mounted business sign.
(a)
One freestanding or ground-mounted business sign identifying,
pertaining to or advertising the business or businesses conducted
on the premises shall be permitted. The total height of the sign structure
shall not exceed 14 feet measured from preexisting grade, except that
for properties in the CH District that front on State Route 302, the
total height of the sign structure shall not exceed eight feet measured
from preexisting grade. Decorative finials and posts extending not
more than 12 inches above the body of the sign are permitted and shall
not be included in calculation of the height or area of the sign.
The permitted maximum area of the sign shall be based upon the number
of businesses or business units using the premises, as follows:
|
Number of Business Units
|
Maximum Sign Area
(square feet)
| |
|---|---|---|
|
1
|
32
| |
|
2
|
36
| |
|
3
|
40
| |
|
4
|
44
| |
|
5 or 6
|
48
|
(b)
The sign shall be mounted on a directory-style sign (example
on file in the Building Department). All lettering and design for
each business identification/advertisement on the sign shall be similar
in color, shape and design. No more than six businesses shall be identified
on the sign.
(2)
In addition, one wall sign per business shall be permitted, said
sign not exceeding in size one square foot for each horizontal foot
of building wall on which it is mounted, up to a maximum of 32 square
feet. If the business faces two streets, the Planning Board may approve
a second wall sign not exceeding in size one square foot for each
horizontal foot of building wall on which it is mounted, up to a maximum
of 32 square feet.
(4)
For seasonal roadside farm stands, two signs per lot
shall be permitted, no greater than 12 square feet each, pertaining
to the articles being sold.
M.
Industrial District. In addition to any applicable exempt signage addressed in Subsection E above, the following signs shall be permitted. Except for roadside farm stand signs, any proposed nonexempt sign shall require prior approval by the Planning Board.
[Amended 1-18-2007 by L.L. No. 1-2007; 1-16-2014 by L.L. No.
1-2014]
(1)
One freestanding or ground-mounted business sign identifying, pertaining
to or advertising the business or businesses conducted on the premises
shall be permitted with a maximum area of 50 square feet, including
the frame. The total height of the sign structure shall not exceed
14 feet measured from preexisting grade. Decorative finials and posts
extending not more than 12 inches above the body of the sign are permitted
and shall not be included in calculation of the height or area of
the sign.
(2)
In addition, one wall sign per business shall be permitted, said
sign not exceeding in size one square foot for each horizontal foot
of building wall on which it is mounted, up to a maximum of 32 square
feet. If the business faces two streets, the Planning Board may approve
a second wall sign not exceeding in size one square foot for each
horizontal foot of building wall on which it is mounted, up to a maximum
of 32 square feet.
(4)
For seasonal roadside farm stands, two signs per lot
shall be permitted, no greater than 12 square feet each, pertaining
to the articles being sold.
No swimming pool shall be constructed, installed
or maintained on any premises unless it complies with the following
provisions:
A.
All private pools shall be constructed or installed
within the confines of the rear or side yard of a lot.
B.
No person or social organization shall construct,
or have constructed, a swimming pool without first having applied
for and received a building permit from the Building Inspector. A
permit application shall be submitted with plans and specifications
detailing the pool dimensions, depth, and volume in gallons; the distance
of the pool from all lot lines; and, if any, septic tanks and their
fields. Proposed pool fencing shall be included in these specifications.
C.
After issuance of the permit, construction or installation
shall be accomplished within a sixty-day period; otherwise, the permit
will be deemed to have expired. The Building Inspector may authorize
in writing an additional extension period not to exceed 20 days. If
construction of a below-surface pool is not completed within the sixty-day
period or extension thereof, the excavation shall be completely filled
and the surface restored to its original state. No pool shall be considered
complete until the fencing required by this section has been installed.
D.
All material used in the construction of a swimming
pool shall be of durable quality and waterproof. Filter pumps and
other mechanical devices shall be located at least 20 feet away from
any adjoining premises so as not to interfere with comfort, health
and safety of the occupant of the adjoining premises.
E.
Fencing.
(1)
A fence shall be constructed to completely surround
any swimming pool having a water depth of 18 inches or more. The fence
shall be of sufficient strength and protective ability as shall be
necessary, in the judgment of the Building Inspector, to prevent entrance
by young children. The fence shall be erected within 50 feet of the
nearest pool edge and shall be at least four feet high. The gate or
door opening providing access into the pool area shall be of the same
height as the fence or enclosure and shall be equipped with a self-closing
and latching device.
(2)
In the case of aboveground pools, no fencing is required
if the deck around the pool is four feet or more above the ground
and is not accessible by small children from nearby structures or
ground features. If the deck or any portion of the deck is less than
four feet off the ground, sufficient fencing must be installed to
provide the minimum four-foot barrier. The fence shall be of sufficient
strength and protective ability as shall be necessary, in the judgment
of the Building Inspector, to prevent entrance by young children.
Any access ladder or steps used in connection with an above-surface-type
swimming pool shall be removed when not in use.
(3)
All fencing requirements shall apply to all existing
swimming pools as well as all future pools.
F.
Any lighting and electrical fixtures, wiring and installations
shall be in accordance with the standard practices as required by
the National Electric Code.
G.
All swimming pools shall be provided with a drainage
easement or swale or storm drain but in no case to a sanitary sewer
or in the direction of a septic field. Drainage of pools shall not
in any way adversely affect adjoining property owners. Below-surface
pools shall be provided, when deemed necessary by the Building Inspector,
with washed gravel or crushed stone on the exterior of the pool sides.
H.
Aboveground pools shall be leveled and shall not be
located on unsettled fill areas.
Nothing shall prohibit the excavation of sand,
gravel, shale, topsoil or other aggregate from a lot preparatory to
the construction of a building for which a building permit has been
issued, provided that any area of land around the building from which
topsoil has been removed or covered with fill shall be seeded to provide
an effective cover crop within the first growing season following
the start of such operation.
[Amended 8-14-1986 by L.L. No. 4-1986; 5-8-1997 by L.L. No.
4-1997, 5-8-2003 by L.L. No. 2-2003]
A.
Standards. All uses are subject to all soil and drainage standards set forth in Chapter 121, Subdivision of Land, now or hereinafter adopted by the Town of Crawford.
B.
In the event that land conditions have changed from
the taking of an original percolation test and a deep hole test required
for obtaining a permit or approval, the enforcement officer or administrative
board, as the case may be, shall require the reperformance of such
deep hole test prior to issuance of a permit or grant of approval.
C.
Drainage facilities on plans submitted for site plan,
special permit uses and/or subdivisions shall be designed to meet
a one-hundred-year storm standard.
D.
Drainage facilities shown on maps, plats and plans
are to be maintained by the property owner unless expressly and formally
accepted by the Town. The owner shall, in addition to the note hereinafter
specified, record with the County Clerk appropriate restrictive covenants,
which covenants shall be subject to review by the Attorney for the
Town. The following standard note shall be placed where applicable
on all maps, plats and plans where the drainage facilities are to
be maintained by the property owner:
|
"Retention ponds and storm drainage are to be
maintained by the property owner (of lot ____ No.____). In the event
that the property owner fails to undertake the required maintenance,
the Town of Crawford, after written notice stating the nature of the
default, may do the required maintenance. The property owner agrees
that the cost of the same, if not promptly paid to the Town, may be
assessed against the property or lot together with interest and costs
thereon as a local improvement without further hearing or legal process."
|
E.
Lots abutting a lake or stream.
(1)
Purpose: It is the established policy of the Town
of Crawford to protect its surface water resources, not only because
of their critical role in the hydrologic cycle and interconnections
with groundwater resources, upon which the Town is completely dependent
for drinking water, but also because of their importance to a flourishing
wildlife population, including threatened or endangered species in
some locations, as well for their scenic value and aesthetic importance
in the Town's streetscape. While the Town recognizes that both direct
and indirect disturbances to surface water resources may be regulated
by state and federal agencies, the possibility for disturbances that
may significantly impair the appearance and function of these resources
remains. Therefore, the Planning Board shall implement the following
requirements and considerations set forth below.
(2)
A building setback line is hereby established in all
zoning districts, parallel to and 50 feet distant from the present
normal shoreline or bank of every lake or other body of water or everflowing
watercourse or stream in the Town. No building shall be constructed
between said setback line and the shoreline or bank. The location
of said shoreline or bank shall be determined by the Engineer for
the Town on the basis of a period of normal water level. The placement
of nonstructural site improvements, including but not limited to parking
lots, any type of materials storage areas, and stormwater management
features such as detention basins, is discouraged within this setback
line as it is considered generally incompatible with the purpose of
this section. The Planning Board shall review all such proposed nonstructural
site improvements for the purpose of determining whether such proposed
improvements shall not be permitted within the setback area. The Board
may require changes to the plan to accomplish the purposes of this
section. Such purposes include but are not limited to consideration
of thermal effects of any discharge as it may affect a trout stream.
(3)
No septic tank, sanitary plant, leaching field or
other sewage disposal facility shall be constructed or located in
any district within 100 feet of the present normal shoreline or bank
of any lake or reservoir or other body of water, or watercourse or
stream tributary to a reservoir in the Town. The location of said
shoreline or bank shall be determined by the Engineer for the Town
on the basis of a period of normal water level.
A.
Permitted accessory parking. Off-street spaces, open
or enclosed, are permitted accessory to any use, provided that:
(1)
There is no limit on the number of agricultural vehicles
permitted accessory to a farm use.
(2)
Not more than any combination of three of the following
may be stored on a residence lot solely for residence purposes: camping
trailers, utility trailers, horse trailers, boat trailers, boats or
recreational vehicles. There shall be no occupancy of any of these
vehicles.
B.
Permitted accessory loading berths. Off-street loading
berths are permitted accessory to any use except residences, provided
that such facilities are not located in a required front yard.
A.
A parking space shall be considered to be an off-street
space available for the parking of one motor vehicle and having an
area of not less than 150 square feet exclusive of passageways and
driveways appurtenant thereto and having direct, unobstructed and
permanent access to a street or private accessway. Notwithstanding
any provision herein to the contrary, where ninety-degree parking
is provided, the parking space shall have a dimension not less than
nine feet by 19 feet and a circulation aisle of not less than 25 feet.
[Amended 5-8-2003 by L.L. No. 2-2003]
B.
Areas which may be computed as the required off-street
parking spaces may include a garage, carport or other area available
for parking other than a street or driveway. A driveway within a required
front yard in a residential district may only be counted as one space.
C.
Required accessory parking spaces, open or enclosed,
may be provided upon the same lot as the use to which they are accessory,
or elsewhere, provided that all spaces therein are located within
a five-hundred-foot walking distance of such lot. In all cases, such
parking spaces shall conform to all the regulations of the district
in which they are located; in no event shall such parking spaces be
located in any residence district unless the uses to which they are
accessory are permitted in such districts or pursuant to a special
permit approved by the Planning Board.
D.
Access to and from a public street shall consist of
at least one ten-foot lane for parking areas with less than 20 spaces
and at least two ten-foot lanes for parking areas with 20 spaces or
more.
E.
All open parking areas shall be properly drained,
and all such areas of over 10 spaces shall be provided with a dustless
surface.
F.
Required parking spaces may be provided in spaces
designed to serve jointly two or more establishments, whether or not
located on the same lot, and the number of required spaces in such
joint facilities shall be not less than the total required for all
such establishments.
G.
When any lot contains two or more uses having different
parking requirements, the parking requirement for each use shall apply
to the extent of that use. Where it can be conclusively demonstrated
that one or more such uses will be generating a demand for parking
spaces primarily during periods when the other use or uses is not
or are not in operation, the Planning Board may reduce the total parking
spaces required to that use with the least requirement.
H.
Parking shall be permitted within the required front yard setbacks in the I Industrial Districts. The Planning Board is hereby empowered to make decisions on the suitability and height of buffers such that parking is screened from the public highway to preserve the natural scenic qualities of the Town, pursuant to § 137-30.
[Added 11-9-1989 by L.L. No. 3-1989;
amended 5-13-2004 by L.L. No. 3-2004]
I.
Pine Bush parking district. The off-street parking requirement for
new uses in the Pine Bush parking district shall be reduced by 50%.
However, no property or use shall reduce the number of parking or
loading spaces available or reduce the area available for parking
or loading unless first approved by the Planning Board.
[Added 10-17-2013 by L.L. No. 3-2013]
[Amended 5-13-2004 by L.L. No. 3-2004; 8-14-2008 by L.L. No.
2-2008; 10-21-2010 by L.L. No. 1-2010]
Off-street parking spaces shall be provided
in accordance with the following schedule:
|
Schedule of Off-Street Parking Regulations
| |||
|---|---|---|---|
|
Use
|
Number of Required Spaces
| ||
|
Residential:
| |||
|
1-family and 2-family dwelling unit, including
row or townhouse dwellings
|
2 per dwelling unit
| ||
|
Multifamily dwelling:
| |||
|
Efficiency or 1-bedroom
|
2 per dwelling unit
| ||
|
2 or more bedrooms per unit
|
2 per dwelling unit
| ||
|
Guest parking
|
1 per dwelling unit
| ||
|
Other:
| |||
|
Animal hospital
|
1 per 200 square feet of floor area
| ||
|
Auditorium, church, convention hall, stadium,
theater, studio or other place of public assembly not otherwise classified
|
1 per 3 permanent seats or 1 per 40 square feet
of seating area where fixed seating is not provided
| ||
|
Bank, savings and loan association or office
building
|
1 per 250 square feet of floor area
| ||
|
Bowling alley
|
4 per lane
| ||
|
Drive-in facility or outdoor sales lot
|
1 for each 600 square feet of lot area
| ||
|
Filling station, parking garage or repair garage
|
Sufficient parking spaces for all vehicles stored
or being serviced at any 1 period of time, plus a minimum of 5 additional
spaces
| ||
|
Funeral home
|
1 per 40 square feet of public room floor area
| ||
|
Home occupation
|
2 per 150 square feet of area given over to
this component of the land use, plus 1 for each additional 150 square
feet or fraction thereof, but in no case less than 2 spaces
| ||
|
Hospital
|
1 per bed, plus 1 for each 2 employees on the
premises at any 1 period of time
| ||
|
Hotel and (motel), guest room
|
1 per guest room, plus 1 for each 2 employees
on the premises at any 1 period of time
| ||
|
Industrial, wholesale or warehouse
|
A minimum of 2 improved spaces per 3 employees on the premises
at any one time, plus 1 space to accommodate all trucks used directly
in conducting such use along with 1 space for each off-street loading
area
| ||
|
Nursing home
|
1 for each 2 beds, plus 1 for each 2 employees
on the premises at any 1 time
| ||
|
Restaurant or social organization
|
1 per 2 1/2 permanent seats or the floor
area equivalent
| ||
|
Retail store and personal service store
|
1 per 200 square feet of gross floor area
| ||
|
School, nursery
|
1 per employee
| ||
|
School, public or private
|
1 per employee, plus 1 for each 24 classroom
seats or the parking requirement for the auditorium or gymnasium component
of the use, whichever is greater
| ||
|
Shop for custom work
|
A minimum of 1 space for each 1,000 square feet, plus an additional
1 space per employee
| ||
|
Trucking station
|
Sufficient parking spaces for all trucks stored
or being serviced at any 1 time, plus 2 per 3 employees on duty on
the premises at any 1 time
| ||
Where the use of any building or lot involves the disposal of sewage or waste matter, a sewage disposal system shall be installed or connection shall be made to a central sewer system in compliance with Chapter 111, Sewer Use and Sewer Charges, Part 1, Sewer Use, any applicable Sewer District regulations and the requirements of the Orange County Health Department.
A.
Existing nonconforming uses:
(1)
May continue indefinitely.
(2)
Shall not be enlarged or extended or placed on a different
portion of the lot occupied by such uses on the effective date of
this chapter nor shall any external evidence of such use be increased
by any means whatsoever.
(3)
Shall not be changed to another nonconforming use
without a variance from the Zoning Board of Appeals.
(4)
Shall not be reestablished if such a use has been
discontinued for any reason for a period of one year or more or has
been changed to, or replaced by, a conforming use. Intent to resume
a nonconforming use shall not confer the right to do so.
B.
Existing nonconforming buildings or structures:
[Amended 10-21-2010 by L.L. No. 1-2010]
(1)
Shall not be moved to another location where such building or structure
would be nonconforming.
(2)
May be restored but not enlarged after damage by fire, accident or
other act of God and the nonconforming use reinstalled, provided that
the restoration is begun within one year after such damage.
(3)
Normal maintenance and repair, alteration, reconstruction or enlargement
of a building which does not house a nonconforming use but is nonconforming
as to district regulations for lot area; lot width; front, side or
rear yards; maximum height and lot coverage; or other such regulation
is permitted if the same does not increase the degree of, or create
any new, nonconformity with such regulations in such building.
(4)
A nonconforming building which does house a nonconforming use shall
not be extended or enlarged.
[Added 5-8-1997 by L.L. No. 4-1997[1]]
All maps, plats or plans hereafter approved
by any agency of the Town shall if the property shown thereon fronts
or abuts a Town highway by use be endorsed with a note in the following
form:
|
Road Width Note
|
|---|
|
"The strip of land running 1 1/2 rods (25±)
from the center line of the existing Town highway depicts the limits
of the existing right-of-way released to the Town for highway purposes.
Pursuant to Highway Law § 189, such lands are a highway
with the same force and effect as if duly laid out and recorded as
a highway. The Town may use the right-of-way for any such highway
uses as may be now or hereafter determined by the Town Board without
further process."
|
[1]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
[Added 5-8-1997 by L.L. No. 4-1997[1]]
Projects meeting the following criteria are
hereby designated Type I actions in accordance with 6 NYCRR § 617.12(a)(2):
A.
Projects involving land-clearing operations in advance
of application to the Planning Board.
(1)
Exceptions. A project shall not be deemed to
include land clearing in advance of an application if the applicant
meets an affirmative burden of showing the Planning Board by clear
and convincing proof that:
(a)
The land clearing was minor in nature; and
(b)
The land clearing was solely for information
collection involving data collection, research, water and pollution
studies, traffic counts, engineering studies, subsurficial investigations
and soil studies that do not commit the applicant to undertake the
project; or the land-clearing activities were in furtherance of a
bona fide, authorized, permitted land use and not in furtherance of
the project for which the application has been made to the Planning
Board.
[1]
Editor's Note: This local law also provided
that it shall supersede any inconsistent provision of the Town Law.
[Added 9-15-2016 by L.L.
No. 7-2016]
A.
Legislative intent. This section is intended to permit and regulate
solar energy systems and equipment and the provision of adequate sunlight
necessary therefor; to balance the potential impact on neighbors when
solar collectors are installed near their property, while preserving
the rights of property owners to install solar energy systems in accordance
with applicable laws and regulations; and to recognize solar energy
as a priority for current and long-term energy sustainability. This
section and the implementation of this section is intended to accord
with the state Agriculture and Markets Law and guidelines of the State
Department of Agriculture and Markets.
B.
BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM
GROUND-MOUNTED SOLAR ENERGY SYSTEM
KILOWATT HOUR (kW)
LARGE-SCALE SOLAR ENERGY SYSTEM
NET-METERING
QUALIFIED SOLAR INSTALLER
SMALL-SCALE SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR PANEL
SOLAR THERMAL SYSTEM
UTILITY-SCALE SOLAR ENERGY SYSTEM
Definitions. As used in this § 137-25.2.1, the following terms shall have the meanings stated:
A solar energy system that integrates photovoltaic modules
and components into the building structure, such as the roof, facade
or windows, and which does not alter the relief of the roof.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure.
A measure of the designed capacity of a solar energy system
to produce electrical power. One kilowatt hour, or one kilowatt per
hour, is equal to 1,000 watts per hour.
[Added 4-20-2017 by L.L.
No. 2-2017]
A solar energy system that is capable of producing over 12
kilowatts (kw) per hour and which serves only building(s) and structure(s)
on the lot upon which the system is located and may, in addition,
serve building(s) and structure(s) on adjacent lots.
A billing arrangement that allows a solar energy system user
to receive credit for excess electricity generated and deliver such
excess electricity to the utility grid.
A person who possesses skills and knowledge related to the
construction and operation of solar energy systems, equipment and
installations and has received safety training on the hazards involved.
Persons who are on the list of eligible solar installers maintained
by the New York State Energy Research and Development Authority (NYSERDA),
or are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purpose of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town Building Inspector, or such other Town officer or employee
as the Town Board designates, determines such persons have had adequate
training to determine the degree and extent of the hazard, the personal
protective equipment and job planning necessary to safely perform
the installation. Such training shall include the proper use of special
precautionary techniques and personal protective equipment, as well
as the skills and techniques necessary to distinguish exposed energized
parts from other parts of electrical equipment and to determine the
nominal voltage of exposed live parts.
A solar energy system that does not produce more than 12
kilowatts (kw) per hour of energy or a solar thermal system, either
of which serves only the building(s) and structure(s) on the lot upon
which the system is located.
Space open to the sun and clear of overhangs or shade so
as to permit the use of a solar energy system.
A solar photovoltaic cell, module, panel or array or water
collector device, which relies upon solar radiation as an energy source
for the generation of electricity or transfer of stored heat.
Solar collectors, modules controls, energy storage devices,
heat pumps, heat exchangers and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation,
and distributed, including the solar access necessary for the system
to operate as designed and any areas of land that are disturbed or
cleared to maintain that solar access, and any accessory or appurtenant
structures. Solar energy systems may include solar panel, solar thermal,
building integrated photovoltaic and concentrated solar energy systems.
For the purpose of this section, a solar energy system does not include
a solar energy system of four square feet or less in size.
[Amended 4-20-2017 by L.L. No. 2-2017]
A device for the direct conversion of solar energy into electricity.
A solar energy system that directly heats water or other
liquid using sunlight for such purposes as space heating and cooling,
domestic hot water and heating pool water.
A solar energy system that produces energy primarily for
the purpose of off-site sale or consumption.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems and equipment installed or modified after the effective date of this section. Except as provided in § 137-25.2.1C(2) below, no solar energy system equipment shall be installed, operated or modified except in compliance with this § 137-25.2.1.
(2)
A solar energy system for which a valid building permit has
been issued or, if no building permit was required, for which installation
was commenced and diligently prosecuted prior to the effective date
of this section shall not be required to meet the requirements of
this section. However, any modification of such solar energy system
must comply with the requirements of this section.
(3)
This § 137-25.2.1 shall not apply to a solar energy system of four square feet or less in size.
(4)
When a solar energy system is limited by this § 137-25.2.1 to servicing only the building(s) and structure(s) on the lot upon which the system is located and building(s) and structure(s) on adjacent lots, such limitation shall not be construed to prohibit a net-metering billing arrangement in accordance with law.
D.
General permit, inspection and operating requirements.
(1)
Application for and issuance of a building permit shall be required
prior to installation of a solar energy system.
(2)
A solar energy system shall be designed and installed in accordance
with all applicable laws, codes and regulations, including but not
limited to the New York State Uniform Fire Prevention and Building
Code and other State Code provisions.
(3)
All solar energy system installations must be performed by a
qualified solar installer.
(4)
Prior to operation, electrical connections must be inspected
by the Town Building Inspector and by a qualified electrical inspector
acceptable to the Town. Any connection to the public utility grid
must meet all applicable Town, state, federal and public utility laws,
rules and regulations.
(5)
All solar energy systems shall be maintained in good working
order.
E.
Roof-mounted, building-integrated photovoltaic, and solar thermal
energy systems.
(1)
A roof-mounted, building-integrated photovoltaic, and solar
thermal energy system is permitted as an accessory use and structure
in all zoning districts, without site plan approval, but subject to
the following requirements:
(a)
A roof-mounted, building-integrated photovoltaic, and solar
thermal energy system is permitted to serve only the building(s) or
structure(s) on the lot upon which the system is located.
(b)
The applicant shall file a New York State Unified Solar Permit
(USP) application and pay all fees in order to obtain a building permit.
(c)
A roof-mounted system may be mounted on any legal principal
or accessory building or structure.
(d)
Roof-mounted solar collectors are subject to the height limitations
governing the principal or accessory building or structure to which
it is mounted.
(e)
When feasible, as determined by the Code Enforcement Officer,
solar collectors facing the front yard must be mounted at the same
angle as the roof's surface, with a maximum distance of 18 inches
between the roof and the highest edge of the panels.
(f)
A solar thermal system shall not be placed in the front yard
and shall not be placed within the required rear yard or required
side yard setback applicable to accessory structures within the zoning
district.
(2)
The Building Inspector may refer an application to the Planning
Board for recommendation.
F.
Ground-mounted small-scale solar energy systems.
(1)
A ground-mounted small-scale solar energy system is a permitted
accessory use and structure in all zoning districts, subject to site
plan approval by the Planning Board and subject to the following requirements:
(a)
A ground-mounted small-scale solar energy system is permitted
to serve only the building(s) or structure(s) on the lot upon which
the system is located.
(b)
A ground-mounted small-scale solar energy system shall not be
placed in the front yard, unless the applicant applies to, and demonstrates
to the satisfaction of, the Planning Board that the front yard is
the only area where the solar energy system can reasonably function,
and that appropriate screening to mitigate impacts on adjoining properties
is implemented.
(c)
The solar energy system and related equipment shall be substantially
screened from view from adjoining properties and public roadways.
(d)
Solar collectors and related equipment shall be located at least
25 feet from the side and rear lot lines.
(e)
The height of the solar collectors and mounts shall not exceed
12 feet when oriented at the maximum tilt.
(f)
The area beneath all solar collectors shall be included in calculating
maximum permitted lot coverage limitations.
(2)
The Planning Board shall have discretion to hold a public hearing
on a particular site plan application or waive the public hearing
requirement.
(3)
Removal of unused solar energy system and equipment. The applicant
and property owner must agree, in writing, to remove the solar energy
system and all associated equipment and structures if the solar energy
system ceases to be used for its intended purpose for 12 consecutive
months. Removal of such unused system, equipment and structures shall
be completed within three months thereafter.
G.
Large-scale solar energy systems.
(1)
A ground-mounted large-scale solar energy system is a permitted
accessory use and structure in all zoning districts, subject to site
plan approval by the Planning Board and subject to the following requirements:
(a)
A ground-mounted large-scale solar energy system is permitted
to serve only building(s) and structure(s) on the lot upon which the
system is located and may, in addition, serve building(s) and structure(s)
on adjacent lots.
(b)
A ground-mounted large-scale solar energy system shall not be
placed in the front yard, unless the applicant applies to, and demonstrates
to the satisfaction of, the Planning Board that the front yard is
the only area where the solar energy system can reasonably function,
and that appropriate screening to mitigate impacts on adjoining properties
is implemented.
(c)
The solar energy system and related equipment shall be substantially
screened from view from adjoining properties and public roadways.
(d)
Solar collectors and related equipment shall be located at least
25 feet from the side and rear lot lines.
(e)
The height of the solar collectors and mounts shall not exceed
12 feet when oriented at the maximum tilt.
(f)
The area beneath all solar collectors shall be included in calculating
maximum permitted lot coverage limitations.
(2)
Removal of unused solar energy system and equipment. The applicant
and property owner must agree, in writing, to remove the solar energy
system and all associated equipment and structures if the solar energy
system ceases to be used for its intended purpose for 12 consecutive
months. Removal of such unused system, equipment and structures shall
be completed within three months thereafter.
H.
Utility-scale solar energy systems.
(1)
A utility-scale solar energy system is permitted as a special
permit use in the RA (Residence/Agriculture) and I (Industrial) Zoning
Districts. Such use shall comply with the following special conditions
and safeguards:
(a)
The following dimensional requirements shall apply to a utility
scale solar energy system: The required front yard setback is measured
to the visible structural component of the solar energy system nearest
to the fronting street(s). If the lot or lots of the proposed solar
energy system front(s) on two or more streets, then each of those
yards shall be deemed a front yard. The required side yard and rear
yard setbacks shall be measured to the visible structural component
of the solar energy system nearest the side lot line or rear lot line,
respectively.
[Amended 4-20-2017 by L.L. No. 2-2017]
(b)
The total area of the solar energy system shall not exceed 20
acres.
(c)
The entire solar energy system shall be enclosed by perimeter
fencing at a height of at least seven feet in order to restrict unauthorized
access. There shall be a six-inch gap at the bottom of the fencing
to allow small wildlife access to and from the site.
(d)
A solar energy system shall only be situated on a site consisting
of 75% or more in area of small trees, brush, pasture or open field.
For the purpose of this subsection, "small trees" shall be trees with
a trunk diameter of two inches or less measured at four feet above
natural grade. In order to prevent tree clearing in anticipation of
a solar farm application, this 75% requirement shall apply during
the time period commencing two years prior to submission of the solar
energy system application.
[Amended 4-20-2017 by L.L. No. 2-2017]
(e)
Appropriate screening shall be provided, as determined by the
Planning Board in its sole direction, to screen the solar energy system
and fencing from residential properties, public roads, private roads
and private rights-of-way to the maximum extent practicable. The applicant
shall provide a visual analysis to the Planning Board using line-of-sight
profiles from public viewing locations determined by the Planning
Board.
(f)
All on-site power lines shall be installed underground unless
the applicant demonstrates to the satisfaction of the Planning Board
that such underground installation is not practicable given the particular
characteristics of the site.
(g)
Buildings and structures associated with the solar energy system
shall, to the maximum extent practicable, use materials, colors and
textures that will blend the facility into the existing environment.
(h)
Solar panels and equipment shall be designed and sited so as
to not reflect glare onto other properties, public roads or private
roads or rights-of-way, and shall not interfere with traffic or create
a safety hazard.
(i)
Driveways servicing the site shall have safe sight distance
and lawful and appropriate access for emergency vehicles and equipment.
Access to the site shall be reviewed by the relevant emergency service
provider(s).
(j)
The identification of the manufacturer and installer, and appropriate
warning signs, shall be posted at the site, be clearly visible and
weather-resistant.
(k)
The solar energy system and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric system. Materials used
for marking shall be weather-resistant. The markings shall be placed
adjacent to the main service disconnect in a location clearly visible
from where the power lever is located. If any of the standards in
this subsection are more stringent than applicable provisions of the
New York State Uniform Fire Prevention and Building Code (the State
Code), these standards shall be deemed to be guidelines only, and
the standards of the State Code shall apply.
(l)
A utility scale solar energy system proposed for location in the Scenic Corridor-Overlay (SC-O) Zoning District or in potential view from the New York State Scenic Byway shall be subject to heightened review by the Planning Board. In addition, the Planning Board is authorized to apply more restrictive requirements than set forth in this § 137-25.2.1H(1) in order to accomplish the goals of the SC-O District or of the New York State Scenic Byway. Utility-scale solar energy systems shall not be permitted in the Panoramic and Intermediate Ridge Zones of the Scenic Corridor-Overlay (SC-O) Zoning District.
[Amended 4-20-2017 by L.L. No. 2-2017]
(2)
Application requirements. In addition to the other requirements
in this chapter applicable to site plan and special permit applications,
the applicant shall submit to the Planning Board the following:
(a)
If the property of the proposed solar energy system is to be
leased, the written legal consent between all parties, specifying
the use(s) of the property for the duration of the project, including
easements and other agreements.
(b)
Equipment specification sheets for all photovoltaic panels,
significant components, mounting systems and invertors.
(c)
A property operation and maintenance plan, which plan shall
describe continuing equipment maintenance and property upkeep, such
as mowing and trimming. The plan shall specify that herbicides shall
not be used.
(d)
A decommissioning plan, in accordance with § 137-25.2.1H(3).
(3)
Decommissioning and removal.
(a)
Removal of unused systems. The applicant and property owner
must agree, in writing, to remove the solar energy system and all
associated equipment and structures if the solar energy system ceases
to be used for its intended purpose for 12 consecutive months. Removal
of such unused system, equipment and structures shall be completed
within six months thereafter.
(b)
Decommissioning and removal plan. To ensure the proper removal
of a utility-scale solar energy system, a decommissioning plan shall
be submitted as part of the application. Compliance with the approved
decommissioning plan shall be a condition of a special permit authorized
by the Planning Board. The decommissioning plan shall specify that
after the solar energy system ceases operation for its intended purpose,
the system shall be removed by the applicant or property owner, and
by any subsequent owner/operator of the solar energy system or property
owner. The plan shall demonstrate how the removal of the solar energy
system and all related equipment and structures shall be conducted
and how the remediation of soil and vegetation shall be conducted
to return the property to substantially its condition prior to construction.
The plan shall include a time line for execution. A cost estimate
detailing the projected cost of executing the decommissioning plan
shall be prepared by a professional engineer or contractor. Cost estimates
shall take inflation into account. The decommissioning plan shall
state the time period within which the solar energy system shall be
removed and the property restored, which time period shall be no greater
than six months after the solar energy system ceases, for 12 consecutive
months, to be used for its intended purpose.
(c)
Decommissioning and removal security.
[1]
The applicant shall execute and file with the Town
Clerk security in a form acceptable to the Town's attorney and Planning
Board and in an amount sufficient to pay for the costs and expenses
of removal of the solar energy system and related equipment and structures
and the restoration of the site. The amount is subject to approval
by the Planning Board's professional engineer and the Planning Board.
The security may be in the form of cash, letter of credit, another
instrument acceptable to the Town's attorney and the Town Board, or
a combination thereof. The security shall remain in full force and
effect until all solar energy system equipment, structures and materials
have been properly removed and site restoration is complete.
[2]
The amount of the security shall be sufficient,
during the first five years of operation, to cover the costs to deconstruct
and dispose of all equipment, structures and materials related to
the solar energy system; costs to restore the site; and all fees,
costs and expenses incurred by the Town to administer and enforce
the decommissioning process. Such amount shall be reevaluated every
five years thereafter and, if necessary, adjusted to reflect prevailing
costs and expenses.
[3]
If the amount of the security does not fully cover
such fees, costs and expenses ("costs") or if the Town cannot recover
adequate proceeds of the security, then the owner and operator of
the solar energy system and the property owner shall be jointly and
severally, and corporately and personally, liable for the costs not
recovered. In addition, the Town may assess such costs against the
property, which assessment shall constitute a lien on the property,
and which amount may be collected in the same manner as real property
taxes.
(4)
Equipment and parts maintenance. Any damaged or unused equipment
and parts shall be removed from the premises within 30 calendar days
or kept in a secured, designated storage area. Maintenance equipment,
spare parts and petroleum products shall be kept in a secured, designated
storage area.
(5)
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special permit shall remain in effect, and all requirements of this § 137-25.2.1 and all conditions and requirements of the special permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with § 137-25.2.1H(3). A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such change in ownership or operator.
(6)
Modifications: Any and all modifications, additions or deletions
to the solar energy system, whether structural or not, shall be subject
to prior site plan review and approval by the Planning Board, except
routine repairs and maintenance shall not be subject to Planning Board
review.
