The additional requirements for specified uses place restrictions
on specific uses, both permitted and special permitted, because of
the potential impacts on surrounding properties. These restrictions
are applied to a project to mitigate impacts, including noise, off-site
parking, traffic, and unsightliness, odors, dust and fumes. The regulations
promote the public health and general safety and neighborhood character
of the immediate neighborhood and the entire West Bloomfield community.
Bed-and-breakfasts shall be subject to the following requirements:
A.
No alteration to the exterior principal or accessory structure shall
be made which changes the character and appearance of the residential
premises.
B.
Only rooms designed as bedrooms shall be used for guest lodging.
No more than five such bedrooms shall be permitted in any one establishment.
C.
All access to the lodging rooms shall be provided through the main
entrance to the bed-and-breakfast.
D.
No bed-and-breakfast shall be established on a lot that is located
within 500 feet of another lot measured along the same street frontage
on which there is an existing bed-and-breakfast establishment.
E.
Guest parking shall include one off-street parking space for each
bedroom and shall be buffered from adjacent residential lots by planting
or screening as per the zoning regulations.
F.
The building proposed for occupancy as a bed-and-breakfast shall
comply with the New York State Uniform Building Code, as well as any
subsequent updates.
G.
No sign, other than one unlit address sign not more than two square
feet in area, shall be permitted.
H.
Meals may be served on premises only to residents and registered guests. This regulation may be waived for special events pursuant to § 140-101B(6).
Camping grounds shall be subject to the following requirements:
A.
No site preparation or construction shall commence nor shall existing
structures be occupied until final site plan approval has been granted
and permits have been issued by all governmental agencies involved.
B.
It shall be determined that the site area proposed for use as a camping
ground does not contain any prime agricultural soils as defined by
the Soil Survey of the Ontario and Yates County Soil Conservation
District.
C.
No permanent external appurtenances such as carports, cabanas or
patios may be attached to any travel trailer or other vehicular accommodation
parked in a camping ground, and the removal of wheels and placement
of a unit on a foundation in a camping ground is prohibited.
D.
The minimum site area for a camping ground is 10 acres.
E.
No more than a total of 10 travel trailers, campers, tents, recreational
vehicles or motor homes shall be permitted per acre of gross site
area.
F.
A camping ground shall be so located that no entrance or exit from
the campground shall discharge traffic into any residential district.
G.
Conditions of soil, groundwater level, drainage and topography shall
not create hazards to the property or safety and health of the occupants.
H.
Uses and structures customarily incidental to the operation of camping
grounds, such as headquarters, toilets, dumping stations and showers,
are permitted as accessory uses to the camping grounds.
I.
Convenience establishments shall be permitted as accessory uses in
camping grounds in districts where they are not allowed as principal
uses, subject to the following restrictions:
(1)
Such establishments and the parking area primarily related to their
operations shall not occupy more than 5% of the gross area of the
camping ground.
(2)
Such establishments shall be restricted in their use to occupants
of the camping ground.
(3)
Such establishments shall present no visible evidence, from any street
outside the camping ground, of their commercial character that would
attract customers other than occupants of the camping ground.
J.
Plans for sewage disposal and water supply shall be designed in accordance
with standards promulgated by the New York State Departments of Health
and/or Environmental Conservation and shall receive approval from
said agencies.
K.
Streets in camping grounds shall be private but shall be constructed
with a stabilized travelway and shall meet the following minimum stabilized
travelway width requirements, in order to allow for the travel of
emergency vehicles:
L.
Each trailer site shall be at least 2,500 square feet in area and
have a minimum width of 40 feet.
M.
A minimum of 10% of the gross site area for the camping ground shall
be set aside and developed as common use areas for open or enclosed
recreation facilities. No travel trailer site, required buffer strip,
street right-of-way, storage area or utility site shall be counted
as meeting recreational purposes.
N.
Entrances and exits to camping grounds shall be designed for safe
and convenient movement of traffic into and out of the camping ground
and to minimize friction with movement of traffic on adjacent streets.
All traffic into or out of the camping ground shall be through such
entrances and exits. No entrance or exit shall require a turn at an
acute angle for vehicles moving in the direction intended, and radii
of curbs and pavements at intersections shall be such as to facilitate
easy turning movements for vehicles with trailers attached.
O.
In connection with the use of any camping ground, no parking, loading
or maneuvering incidental to parking or loading shall be permitted
on any public street, sidewalk or required buffer or right-of-way,
or any public grounds or on any private grounds not part of the camping
ground, unless the owner has given written permission for such use.
Each camping ground shall provide off-street parking, loading and
maneuvering space, located and scaled so that the prohibitions above
may be observed, and camping ground owners shall be responsible for
violations of these requirements.
Q.
All utilities shall be underground.
R.
Not less than one covered, twenty-gallon garbage receptacle shall
be provided for each campsite. Garbage and rubbish shall be collected
and disposed of as often as may be necessary to ensure sanitary conditions.
S.
All applicable sanitation standards of the State of New York shall
be met.
T.
No camp structure, except fences, gates and permitted signs, shall
be located within 300 feet of any street or property line.
Car washes shall be subject to the following requirements:
A.
All washing and machine-dry operations shall be conducted within
a building.
B.
The building exit for automobiles that have completed the washing
and machine drying process shall be set back a minimum of 50 feet
from the nearest point of any street property line.
C.
No washing, vacuuming, steam cleaning, waxing, polishing or machine-dry
operation, and no building within which such operations are conducted,
shall be permitted within 100 feet of a residential district.
D.
All lot lines abutting or adjacent to residential districts or uses
shall be screened by a solid masonry wall or fence not less than four
feet nor more than six feet in height. No direct means of access to
the residential uses shall be allowed.
E.
Perimeter landscaped open space shall be provided in the front yard.
F.
All entrance and exit lanes and parking areas shall be surfaced with
an asphalt or Portland cement binder pavement so as to provide a durable
and dustless surface and shall be so graded and drained as to dispose
of all surface water accumulation.
Day-care centers shall be subject to the following requirements:
A.
Every application for a day-care center shall set forth each agency
which must approve the establishment or operation of the center, shall
be accompanied by a copy of an application or other request to each
such agency for such approval, shall set forth the status of each
such application, and shall state any facts known to the applicant
which may result in the denial or delay of any required approval which
has not been obtained as of the time of the filing of the application
for a special permit.
B.
All applicants must show proof of New York State and/or federal certification.
C.
No permanently installed play equipment shall be located in the required
front yards.
Notwithstanding any other provisions of this chapter, a dwelling
used as a farm worker residence may be located in any zone on or adjacent
to lands used in agricultural production located in a county-certified
agricultural district created pursuant to Agriculture and Markets
Law § 303 or any replacement or successor statute.
A.
Farm worker residences shall be considered accessory uses to a farm
operation subject to a zoning permit. A farm worker residence shall
be physically located within a county agricultural district and on
the same parcel as the primary residence.
B.
A farm worker residence shall be served by a wastewater treatment
facility and water system.
C.
A farm worker residence shall be located on a lot that is an active
legitimate farm operation as defined by Agriculture and Markets Law
§ 301.
D.
Farm worker residences shall only be used in connection with the
operation of a farm and shall only be leased to, or occupied by, persons
who are employed on the farm operation and their immediate family.
E.
The owner of the farm operation shall submit proof of employment,
by payroll records, of the farm worker on the farm operation to the
Code Enforcement Officer on an annual basis.
F.
A farm worker residence shall be screened from view of neighboring
properties or the public right-of-way to the greatest extent practicable.
G.
A farm worker residence shall be removed if not utilized for housing
a farm worker for 18 months or more, or if the property on which the
mobile home is located ceases to be a farm operation for a period
of 18 months or more.
H.
State and local agencies may inspect such farm worker residences
on an annual basis for adherence to these provisions.
Generalized or specialized farming is allowed in specified zoning
districts, provided that the following requirements are adhered to:
A.
No killing shall be done on the farm other than that of animals raised
on the farm for the use of farm residents.
B.
On land devoted to the housing or breeding of horses, cattle, swine,
poultry, sheep, goats, dogs or cats, the kennels or shelters for such
animals shall not be closer than 100 feet from any lot line.
Home occupations shall be subject to the following requirements:
A.
No more than 15% or 350 square feet of the floor area of the dwelling
unit, whichever is less, shall be devoted to the home occupation.
This requirement shall not apply to family day-care homes.
B.
No stock-in-trade shall be displayed or sold on the premises.
C.
There shall be no outdoor storage of commercial vehicles, equipment
or materials used in the home occupation.
D.
Not more than one vehicle used in commerce shall be permitted in
connection with any home occupation, and any such vehicle shall be
stored in an enclosed garage at all times.
E.
No mechanical, electrical or other equipment which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential or accessory structure shall be used.
F.
No home occupation shall be permitted which is noxious, offensive
or hazardous by reason of hours of operation, vehicular traffic, generation
or emission of noise, vibration, smoke, dust or other particulate
matter, odorous matter, heat, humidity, glare, refuse, radiation or
other objectionable emissions.
G.
No sign, other than one unlighted sign not over one square foot in
area attached flat against the dwelling and displaying only the occupant's
name and occupation, shall advertise the presence or conduct of the
home occupation.
H.
No more than five patrons shall be allowed on the premises at any
given time.
High-intensity home occupations shall be subject to the following
requirements:
A.
No more than 30% or 500 square feet of the floor area of the dwelling
unit, whichever is less, shall be devoted to the home occupation.
This requirement shall not apply to family day-care homes.
B.
No more than 2,500 square feet of any lot may be used for storage
of materials used in the home occupation.
C.
All outdoor storage of equipment or materials used in the home occupation shall be screened in accordance with § 140-121, Landscaping, buffers and screening.
D.
Not more than one vehicle used in commerce shall be permitted in
connection with any home occupation, and any such vehicle shall be
stored in an enclosed garage at all times.
E.
Merchandise shall be limited only to products manufactured or substantially
altered on the premises or to incidental supplies necessary for the
conduct of the home occupation. Items shall not be purchased off site
for resale.
F.
No mechanical, electrical or other equipment which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential or accessory structure shall be used.
G.
No home occupation shall be permitted which is noxious, offensive
or hazardous by reason of hours of operation, vehicular traffic, generation
or emission of noise, vibration, smoke, dust or other particulate
matter, odorous matter, heat, humidity, glare, refuse, radiation or
other objectionable emissions.
H.
No sign, other than one unlighted sign not over one square foot in
area attached flat against the dwelling and displaying only the occupant's
name and occupation, shall advertise the presence or conduct of the
home occupation.
I.
No more than five patrons shall be allowed on the premises at any
given time.
Horses and livestock kept for personal use on property not meeting
the definition of a farm operation shall be subject to the following
requirements:
A.
No such use shall be permitted on lots having less than three acres
of land.
B.
The number of horses and livestock permitted on each lot shall not
exceed the following: two horses or livestock (in any aggregate combination)
for the first three acres of lot area plus one additional horse or
livestock for each additional acre of lot area. Not more than two
horses or livestock boarded on said property shall be owned by or
for the use or benefit of persons other than those who are resident
occupants of said lot.
C.
The boarding of horses shall require a special use permit and must adhere to the regulations outlined in § 140-97.
D.
The resident occupants of the lot shall, upon written request of
the Code Enforcement Officer, produce a sworn affidavit or other reasonable
evidence of said ownership of every horse or livestock boarded or
kept on said property.
E.
All grain-type feed shall be kept in rodentproof metal containers.
F.
No manure shall be stored or permitted to accumulate within 100 feet
of any boundary line or within 25 feet of a dwelling on the same lot,
or within 125 feet of a dwelling on any adjacent lot.
G.
The Code Enforcement Officer shall approve the storage area for manure,
and it shall be stored and treated in such a manner that it shall
not create any odor or attract or harbor any rodents, flies or other
insects.
H.
The stables, barns, sheds or accessory buildings or structures used
in connection with or for sheltering horses or livestock pursuant
to this section shall not exceed those reasonably necessary to accommodate
permitted horses and livestock and shall not be located nearer to
the street line than the rear line of the principal dwelling.
I.
The maintenance of the structures and hygienic conditions connected
with the accessory use herein permitted shall be under the supervision
of the Town and by the Department of Health, to the extent necessary.
J.
If conditions are found to be dangerous to the health, safety and
welfare of humans or horses, or if any of the requirements of this
chapter are not complied with by the resident occupants, the accessory
use herein permitted shall, upon order of the Code Enforcement Officer,
be discontinued until such time as the conditions complained of are
remedied to the satisfaction of the Code Enforcement Officer.
Hotels, motor courts or motels, where allowable under this chapter,
shall conform to the following requirements:
A.
No rental structure or part thereof shall be placed closer to any
street or road line than 100 feet.
B.
No rental structure or part thereof shall be placed closer to any
other property line than 50 feet.
C.
No rental structure or part thereof shall be placed closer to any
residential district boundary than 200 feet.
Junk vehicles shall be subject to the following regulations:
Junkyards are not compatible with the Comprehensive Plan and
general intent of the Zoning Chapter of the Code of the Town of West
Bloomfield and are not conducive to the good health, safety or general
welfare of the residents and property owners of the Town. Therefore,
junkyards are not permitted within the geographic limits of the Town
of West Bloomfield.
Kennels shall be subject to the following requirements:
A.
No site preparation or construction shall commence nor shall existing
structures be occupied until final site plan approval has been granted
by the Planning Board and permits have been issued by all governmental
agencies involved.
B.
Shelters for animals within kennels shall not be closer than 100
feet to any lot line.
C.
No outdoor area enclosed by fences for the use of animals shall be
permitted within the front yard. Fenced areas may be permitted within
50 feet of any side or rear property line.
Manufactured homes shall be allowed in any district where single-family
homes are allowed, only on a single building lot as a permanent single-family
dwelling, if the following conditions are met:
A.
All dwellings shall be constructed on a permanent perimeter foundation.
B.
The perimeter enclosure between the base of the home and the top
of the perimeter foundation shall be poured cement or concrete masonry
unit construction.
C.
When a factory-manufactured home is proposed as a single-family dwelling,
a foundation plan, prepared and stamped by a New York licensed architect
or engineer, must be submitted with the building permit application
and be in compliance with the New York State Uniform Fire Prevention
and Building Code.[1]
Natural gas and petroleum extraction operations and support
activities are not compatible with the Comprehensive Plan and general
intent of the Zoning Chapter of the Code of the Town of West Bloomfield
and are not conducive to the good health, safety or general welfare
of the residents and property owners of the Town. Therefore, extraction
of natural gas and petroleum operations and support activities are
not permitted within the geographic limits of the Town of West Bloomfield.
Public utilities shall be subject to the following requirements:
This section regulates sexually oriented businesses to promote
the health, safety, and general welfare of the citizens of the Town
of West Bloomfield. The provisions of this section have neither the
purpose nor the effect of imposing a limitation or restriction on
the content of any speech, including sexually oriented speech. Similarly,
this section is not intended to effect the restriction or denial of
access by adults to speech protected by the First Amendment and the
New York State Constitution, or to deny access by the distributors
and exhibitors of sexually oriented speech to their intended market.
Neither is the intent or the effect of this chapter to condone or
legitimize the distribution of obscene material. Sexually oriented
businesses shall be subject to the following requirements:
A.
Single adult use per location. There shall only be one sexually oriented
business permitted on a single premises, and said sexually oriented
businesses shall only be permitted in the M-1 District.
B.
Calculations.
(1)
The stock-in-trade shall include the number of items in stock in
the sales and display area at the time of a site inspection. The number
of sexually oriented items shall be calculated as a percentage of
total items.
(2)
Sales and display area will include the entire interior floor space
of a business establishment devoted to sales and display, including
aisles, measured in square feet at the time of a site inspection.
The floor space devoted to sales and display of sexually oriented
materials shall be calculated as a percentage of total sales and display
area.
(a)
Where sexually oriented materials are physically separated from
other materials by an eight-foot wall, the separate sales and display
area (including any aisles) shall be compared to the total sales and
display floor area.
(b)
Where floor area includes a mixture of sexually oriented material
with any other material, it shall be counted as sexually oriented.
Any such area shall include 1/2 of the area of any aisles adjacent
to the display or sales of sexually oriented materials.
C.
Additional standards.
(1)
Adult arcade, adult cabaret or adult retail store. An adult arcade,
adult cabaret, or adult retail store shall require a special permit
from the Town of West Bloomfield Planning Board.
(2)
Adult movie theater. An adult movie theater shall require a special
permit from the Town of West Bloomfield Planning Board. All aisles
shall have theater runway and aisle lighting that illuminates the
entire floor surface of the aisle at a level of not less than 0.2
footcandle.
D.
Separation requirements.
(1)
Measurement. The following separation requirements shall be measured
from the lot line of a sexually oriented business to the lot line
of a protected use or other sexually oriented business listed below.
Where a multi-tenant facility, such as a shopping center, is involved,
measurement shall occur from the boundary of the leasehold interest
instead of the property line.
(2)
Protected uses. For the purpose of measuring separation from sexually
oriented businesses, protected uses shall include the following:
E.
Specific nonconforming use provisions. A sexually oriented business
lawfully operating in conformance with this chapter shall not be rendered
a nonconforming use by violation of the distance requirements in this
section because of the location, subsequent to its lawful establishment
and licensing (if required), of a protected use listed.
Shopping centers shall be subject to the following requirements:
A.
The proposed development shall be submitted as a planned unit development
in accordance with a site plan submitted to the Town of West Bloomfield
and approved by the Planning Board.
B.
The entire development shall be in a single ownership, built or financed
by a single party, unless satisfactory evidence is shown that all
parties financially or otherwise concerned in the development are
legally bound to conform to the submitted site plan.
C.
The proper highway authority and the Public Works Department shall
approve all vehicular entrances and exits upon public roads.
[Added 6-26-2019 by L.L.
No. 4-2019]
A.
Applicability. The requirements of this section shall apply to all
solar energy systems installed or modified in the Town of West Bloomfield,
excluding general maintenance and repair.
B.
Building permit required. In addition to any applicable approvals in this chapter, no construction of any solar energy system shall commence until a building permit is first issued in accordance with § 56-4.
C.
Solar energy systems as accessory use or accessory structure.
(1)
Roof-mounted solar energy systems.
(a)
roof-mounted solar energy systems are permitted as an accessory
use in all zoning districts when attached to any lawfully existing
and lawfully permitted building.
(b)
Height. Roof-mounted solar energy systems shall not exceed the
maximum height restrictions of the zoning district within which they
are located.
(c)
Solar panels 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 solar panel.
(d)
Roof-mounted solar energy systems shall be exempt from site
plan review or special use permit review.
(2)
Small-scale solar energy systems.
(a)
Small-scale solar energy systems are permitted as accessory
structures in the following zoning districts: AG Agricultural, R-1
Low Density Residential, R-2 Medium-Density Residential, M-1 General
Industrial, SM-AG Surface Mining-Agricultural.
(b)
Setbacks. Small-scale solar energy systems shall adhere to the
setback requirements for accessory structures of the underlying zoning
districts.
(c)
Height. Small-scale solar energy systems shall not exceed 10
feet in height.
(d)
Lot coverage. Small-scale solar energy systems are limited to
10% total lot coverage. The entire surface area of the solar panels
shall be included in the total lot coverage regardless of the method
by which the panels are supported or attached to the ground, or the
angle at which they are placed.
(e)
All small-scale solar energy systems in residential zoning districts
shall be installed in the side or rear yards.
(f)
Small-scale solar energy systems shall be exempt from site plan
review or special use permit review.
D.
Large-scale solar systems as a special use. Large-scale solar energy
systems may be permitted upon issuance of a special use permit and
site plan approval in the following zoning districts: AG Agricultural,
SM-AG Surface Mining-Agricultural, and M-1 General Industrial.
(1)
Special use permit application requirements. In addition to the requirements set forth in § 140-151, a special use permit application shall address and include the following; no special use permit shall be issued unless the Planning Board specifically finds that the proposed project is in compliance herewith:
(a)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including leases, easements and other
agreements, shall be submitted;
(b)
A property operation and maintenance plan shall be submitted.
Such plan shall describe continuing photovoltaic maintenance and property
upkeep, such as mowing and trimming, safety concerns, and access.
Said plan shall include details about the proposed use or uses of
the remaining property not used for the solar energy system, as well
as ingress and egress to all portions of the property;
(c)
A decommissioning plan shall be submitted. Such plan shall be
implemented upon abandonment, cessation of activity, or in conjunction
with removal of the solar energy system. Compliance with this plan
shall be made a condition of special use permit, site plan, and building
permit approval. Said plan shall address the following:
[1]
The plan must provide that after the large-scale
solar energy system is no longer in use as originally approved or
is inadequately maintained, the solar energy system shall be removed,
whether above or below ground, including fencing, infrastructure,
pre-construction foundations, and piers, footers or other supports
to be removed to a depth of 48 inches below the soil surface. The
plan shall also address the disposition of underground electric lines,
and provide for the restoration of grade, soil, and vegetation, to
return the parcel to conditions acceptable to the property owner,
the OCSWCD, and the State Department of Agriculture and Markets.
[2]
The plan shall identify the parties responsible
for implementing the plan, including but not limited to the property
owner, the applicant, or any subsequent owner of the solar energy
system.
[3]
The plan shall include an expected timeline for
completion of removal of the solar energy system that shall be no
longer than 180 days.
[4]
A cost estimate detailing the projected cost of
executing the decommissioning plan shall be prepared by a professional
engineer and shall be approved by the Town's engineer. Cost estimations
shall take inflation into account.
[5]
The plan shall provide for the periodic reevaluation
of decommissioning costs during the solar energy system's lifetime
by the applicant's engineer, and the plan shall allow for any corresponding
increases or decreases in any surety in accordance therewith, as may
be approved by the Town engineer.
[6]
The plan shall provide that if the large-scale
solar energy system is not decommissioned upon discontinuance or abandonment,
the Town or the Town's duly appointed representative or agent(s) may
enter onto the property to remove the system and restore the property,
and the Town may claim against the surety and/or assess and impose
a lien against on the property to cover all costs incurred by the
Town and its consultants in connection with any work or proceeding
relating to such decommissioning, removal or restoration, in addition
to any other remedies available to the Town.
[7]
The plan shall include the energy generating capacity
of the solar energy system on an annual basis together with a provision
that annually, on or before January 30th of each year, a report shall
be furnished to the Town Code Enforcement Officer reporting the amount
of energy generated by the solar energy system.
[8]
The plan shall be in a form of a recorded instrument
legally binding on the owner of the large-scale solar energy system
and to the real property on which it is installed and shall also include
the requirement that it shall be binding on any subsequent transferees,
successors, grantees, or assigns of the applicant and property owner.
Proof of filing with the Ontario County Register of Deeds shall be
provided to the Town.
(d)
Construction schedule. The applicant must submit a proposed
schedule for the completion of the project, including the proposed
start date and the proposed date of substantial completion, the expected
date of connection to the power grid, and the expected date on which
operation of the photovoltaic system shall commence;
(e)
Farmland protection. Large-scale solar energy systems proposed
upon prime agricultural land may be allowed if the Planning Board
determines there are no feasible alternative locations for such system
siting on the lot in question. The following standards apply to large-scale
solar energy systems impacting prime agricultural land:
[1]
An environmental monitor (EM) shall be hired by
the applicant to oversee construction, restoration, and follow-up
monitoring. The EM shall be on site whenever construction or restoration
work is occurring on prime agricultural land and shall coordinate
with the State Department of Agriculture and Markets and the OCSWCD
to develop an appropriate schedule for project inspections.
[2]
Access roads shall be located along the edge of
agricultural areas, in areas next to hedgerows and field boundaries,
and in nonagricultural areas of the site to the greatest extent practicable.
The surface of access roads constructed through agricultural fields
shall be level with the adjacent field surface.
[3]
The width of access roads across or along agricultural
fields shall be no wider than 20 feet so as to minimize the loss of
agricultural lands while maintaining compliance with the Uniform Code.
[4]
Culverts and waterbars shall be installed, where
necessary, to maintain natural drainage patterns.
[5]
All topsoil from areas used for vehicle and equipment
traffic, parking, and equipment laydown and storage areas sha11 be
stripped and stockpiled. All vehicle and equipment traffic and parking
shall be limited to the access road and/or designated work areas,
such as laydown areas. Vehicles and equipment shall not be allowed
outside the work area without prior approval from the landowner and
the EM.
[6]
Topsoil stripped from work areas (parking areas,
electric cable trenches, along access roads) shall be stockpiled separately
from other excavated material (rock and/or subsoil). A minimum of
50 feet of temporary workspace shall be provided along "open-cut"
electric cable trenches for proper topsoil segregation. All topsoil
shall be stockpiled immediately adjacent to the area where stripped/removed
and shall be used for restoration on that particular site. Topsoil
stockpile areas shall be clearly designated in the field and on construction
drawings.
[7]
Electric interconnect cables and transmission lines
shall be buried wherever practicable. Interconnect cables and transmission
lines installed above ground shall be located outside field boundaries
wherever possible. When aboveground cables and transmission lines
must cross farmland, use taller structures that provide longer spanning
distances and locate poles on field edges to the greatest extent practicable.
[8]
All buried electric cables in cropland, hayland
and improved pasture shall have a minimum depth of 48 inches of cover.
At no time shall the depth of cover be less than 24 inches below the
soil surface.
[9]
The OCSWCD is to be consulted concerning the type
of intercept drain lines whenever buried electric cables alter the
natural stratification of soil horizons and natural soil drainage
patterns.
[10]
Existing drainage and erosion control structures,
such as diversions, ditches, and drain tile shall remain undamaged
and protected. When such structures must be removed, appropriate measures
shall be taken to maintain the effectiveness of the original structures.
Drainage and erosion control structures disturbed during construction
shall be repaired or replaced to as close to original condition as
possible, unless said structures are to be eliminated based upon site
plan approval as provided herein.
[11]
AIl excess subsoil and rock shall be removed from
the site unless approved by the landowner. Any permits necessary for
disposal under local, state and/or federal laws and regulations shall
be obtained by the contractor, with the cooperation of the landowner
when required.
[12]
All pieces of unused wire, bolts, and other metal
objects shall be removed and properly disposed of as soon as practical
to prevent mixing with any topsoil.
[13]
Excess concrete shall not be buried or left on
the surface in active agricultural areas. Concrete trucks shall be
washed outside of agricultural areas.
[14]
In pasture areas, temporary or permanent fences
around work areas may be necessary to prevent livestock access, consistent
with landowner agreements.
(f)
Restoration requirements. All prime agricultural lands temporarily
disturbed by construction shall:
[1]
Be decompacted to a depth of 18 inches with a deep
ripper or heavy-duty chisel plow. Soil compaction results should be
no more than 250 pounds per square inch (PSI) as measured with a soil
penetrometer. In areas where the topsoil was stripped, soil decompaction
should be conducted prior to topsoil replacement. Following decompaction,
remove all rocks four inches and larger in size from the surface of
the subsoil prior to replacement of topsoil. Replace the topsoil to
original depth and reestablish original contours where possible. Remove
all rocks four inches and larger from the surface of the topsoil.
Subsoil decompaction and topsoil replacement shall be avoided between
the months of October and May unless favorable soil moisture conditions
exist.
[2]
Regrade all access roads to allow for farm equipment
crossing and to restore original surface drainage patterns, or other
drainage pattern incorporated into the approved site plan.
[3]
Seed all restored agricultural areas with the seed
mix specified by the landowner, in order to maintain consistency with
the surrounding areas.
[4]
All surface or subsurface drainage structures damaged
during construction shall be repaired to as close to preconstruction
conditions as possible, unless said structures are to be removed as
part of the site plan approval. All surface or subsurface drainage
problems resulting from construction of the large-scale solar energy
system shall be corrected with the appropriate mitigation as determined
by the EM, OCSWCD, and the landowner.
[5]
Restoration practices shall be postponed until
favorable (workable, relatively dry) topsoil/subsoil conditions exist.
Stockpiled topsoil shall not be regraded and subsoil shall not be
decompacted until plasticity, as determined by the Atterberg field
test, is adequately reduced. No project restoration activities shall
occur in agricultural fields between the months of October and May
unless favorable soil moisture conditions exist.
[6]
Following site restoration, all construction debris
and excess rocks and large stones shall be removed from the site.
[7]
Immediately following site restoration, the applicant
shall provide a monitoring and remediation period of no less than
two years. General conditions to be monitored shall include topsoil
thickness, relative content of rock and large stones, trench settling,
crop production, drainage and repair of severed subsurface drain lines,
fences, and any other conditions the Planning Board shall deem appropriate.
Topsoil deficiency and trench settling shall be mitigated with imported
topsoil that is consistent with the quality of topsoil on the affected
site.
E.
Site plan approval required. Large-scale solar energy systems shall be required to obtain site plan approval from the Planning Board. In addition to the requirements set forth in § 140-150, a site plan application shall address and include the following:
(1)
Blueprints showing the layout of the solar energy system signed
by a professional engineer or registered architect.
(2)
solar energy equipment specification sheets shall be documented
and submitted for all photovoltaic panels, significant components,
mounting systems, and inverters that are to be installed;
(3)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground;
(4)
Fencing. The proposed project shall be enclosed by fencing to
prevent unauthorized access, unless the Planning Board determines
that fencing will cause environmental or ecological problems, or that
such fencing is unnecessary. If the Planning Board makes such a determination,
then the applicant must provide for other acceptable means to secure
and prevent access. All solar energy equipment, including any structure
for batteries or storage cells, shall be enclosed by a minimum six-foot-high
fence with a self-locking gate;
(5)
Signs. Warning signs not exceeding eight square feet with the facility's name, the applicant/operator's and the property owner's name and telephone numbers, and emergency contact information, shall be placed on the entrance and perimeter of the property and of the solar energy system at locations acceptable to the Planning Board. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. These signage requirements shall be in addition to and separate from any applicable sign regulations set forth in § 140-129;
(6)
Any access, maintenance, and utility easements that may be required;
(7)
All access roads and paths required for the project are integrated
into other uses on the property, if possible, and are not constructed
with impervious materials;
(8)
Screening. The solar energy system shall be adequately screened
to mitigate avoid adverse aesthetic impacts;
(9)
Removal of trees and other existing vegetation shall be minimized
or offset with plantings elsewhere on the property, to maximize buffering
and stormwater management as provided for herein;
(10)
Surety. The applicant shall be required to execute and file
with the Town a bond or other form of surety that shall renew every
three years in a form acceptable to the Town attorney and/or engineer,
in an amount sufficient to ensure the good faith performance of the
terms and conditions of the special use permit, site plan, the decommissioning
plan and the Town's consultant fees. The amount of the surety shall
be no less than 125% of the cost of the removal of the solar energy
system and restoration of the property with an escalator of 2% annually
for the life of the solar energy system. In the event of abandonment,
default or violation of the terms of the special use permit, its conditions,
or the decommissioning plan, after 30 days' prior written notice and
expiration of any applicable cure periods, the surety shall be forfeited
to the Town, which shall be entitled to maintain an action thereon.
The surety shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
Any lapse or nonrenewal of the surety or other failure to keep such
surety in full force and effect shall entitle the Planning Board to
revoke the special use permit granted hereunder, if such failure is
not fully cured within 30 days' written notice to the applicant and
owner of record. In the event ownership of the solar energy system
is transferred to another party, the new owner shall file evidence
of financial surety with the Town at the time of transfer, and every
three years thereafter, as provided herein;
(11)
A soil erosion/drainage plan showing existing and finished grades
and stormwater management plan approved by the Town Engineer.
F.
The Planning Board may waive, in its discretion and when reasonable,
any requirements for site plan or special use permit approval upon
finding that such waived requirements are not necessary in the interest
of the public health, safety, and general welfare, or unnecessary
or inapplicable given the circumstances of the proposed project.
G.
Abandonment and decommissioning.
(1)
Applicability and purpose. This section shall apply to large-scale
solar energy systems. The purpose of this section is to provide for
the safety, health, protection and general welfare of persons and
property in the Town by requiring abandoned large-scale solar energy
systems to be removed pursuant to a decommissioning plan. The anticipated
useful life of such systems, as well as the potential for solar companies
to become insolvent and/or property owners being left without adequate
resources to remove large-scale solar energy systems, creates an environment
for large-scale solar energy systems to be abandoned, creating a negative
visual and environmental impact on the Town. Abandoned large-scale
solar energy systems may become unsafe by reason of their energy-producing
capabilities and may become an attractive nuisance.
(2)
Large-scale solar energy systems shall be deemed abandoned if
construction is not completed after 12 months of receiving all final
approvals from the Town, or if the solar energy system at any time
fails to generate and transmit electricity at a rate of more than
10% of its rated capacity over a continuous period of 12 months. An
abandoned large-scale solar energy system shall be decommissioned
and removed pursuant to the approved decommissioning plan. Applications
for extensions can be made to the Planning Board, which shall have
authority to grant six-month extensions.
(3)
Notice of abandonment. The Code Enforcement Officer shall notify
the special use permitee and property owner, by certified mail, that
the solar energy system has been deemed abandoned and the Town intends
to revoke the special use permit within 60 days of mailing said notice.
The notice shall also state that the permittee and/or property owner
may appeal the Code Enforcement Officer's determination within 30
days to the Planning Board.
(a)
In the event the permittee appeals the determination of the
Code Enforcement Officer, the Planning Board shall schedule and conduct
a public hearing within 60 days. At such public hearing the Planning
Board shall determine whether the solar energy system has been abandoned,
whether to continue the special use permit with conditions, if any,
or whether to revoke the special use permit and order removal of the
solar energy system.
(b)
Upon revocation of the special use permit by the Planning Board,
the decommissioning plan shall be implemented, and the system removed.
If the permittee and/or property owner fails to fully implement the
decommissioning plan, the Town Board may collect the required surety
and use said funds to implement the decommissioning plan.
(4)
If the property owner and/or operator of the solar energy system
fails to fully implement the decommissioning plan within the time
set forth therein, the Town, upon 30 days' written notice to the applicant
and property owner, may maintain an action against the surety to provide
for the restoration of the site in accordance with the decommissioning
plan. All costs and expenses incurred by the Town in connection with
any proceeding or work performed by the Town or its consultants to
decommission and remove a large-scale solar system, including legal
costs and expenses, shall be reimbursed from the surety. Any costs
incurred by the Town for decommissioning and removal that are not
paid for or covered by the surety, including legal costs, shall be
assessed against the property, shall become a lien and tax upon said
property, shall be added to and become part of the taxes to be levied
and assessed thereon and shall be enforced and collected, with interest,
by the same officer and in the same manner, by the same proceedings,
at the same time and with the same penalties as are provided by law
for the collection and enforcement of real property taxes in the Town
and may recover all costs and expenses incurred for such activities
from the property owner or operator.
H.
Additional regulations:
(1)
No solar energy systems shall be located within the following:
(2)
Upon transfer of ownership of the solar energy system or the
property, the new operator and/or property owner shall provide written
notice of such transfer to the Town within thirty days of such transfer,
and the new operator and/or property owner shall provide updated contact
information to the Town and update the on-site signage required in
Section E(5). All requirements of this section shall apply and be
enforceable against the new operator and/or property owner.
I.
Effect on other laws. To the extent that any law, ordinance, rule
or regulation may be in conflict with the provisions of this section,
this section shall control.
J.
Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties as provided for in Article XX. In addition, the Town Board may maintain an action or proceeding at law or equity in a court of competent jurisdiction to compel compliance with the terms of this chapter, to restrain by injunction, or to prevent or abate any violation or illegal act, conduct, business or use in violation of this chapter.
K.
Severability. If any provision of this section shall be adjudged
by any court of competent jurisdiction to be invalid, such adjudication
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation the particular provision directly
involved in the controversy in which such judgment shall have been
rendered.
Stables and riding academies shall be subject to the following
requirements:
A.
No site preparation or construction shall commence nor shall existing
structures be occupied until final approval has been granted by the
Planning Board and permits have been issued by all governmental agencies
involved.
B.
The permitted use may include any of the following:
C.
The land devoted to this use shall not be less than 20 contiguous
acres.
D.
One principal single-family dwelling may be located on the land devoted
to this use, provided that it complies with the requirements for this
chapter. The land area on which the principal single-family dwelling
is located shall not be considered as part of the land devoted to
this use as set forth herein.
E.
The number of horses that may be boarded and/or trained at such property
shall not exceed 25 horses for the first 20 acres of land devoted
to this use, plus one horse for each additional 1/2 acre.
F.
The stable and the facilities for the storage of manure shall be
located on the land devoted to this use and not less than 200 feet
from any boundary line.
H.
No exterior loudspeakers shall be installed or used on the premises.
I.
There shall be no display of advertising on the premises except that
a suitable identification sign not exceeding 16 square feet in area
may be placed at or near the main entrance.
J.
Manure shall be stored and treated in such a manner that it shall
not create any odor or attract or harbor any rodents, flies or other
pests.
K.
The standards set forth herein are not exclusive of other considerations
relating to health, safety and general welfare, all of which shall
be considered by the Planning Board in determining whether to issue
a permit.
Surface mining operations shall be subject to the following
requirements:
A.
The minimum lot area for any such use shall be 10 acres.
B.
No site preparation or construction shall commence nor shall existing
structures be occupied until final site plan approval has been granted
by the Planning Board and permits have been issued by all governmental
agencies involved.
C.
The applicant must provide legal proof of ownership or lease and/or
contract with the property owner that stipulates the owner agrees
to having the property mined.
D.
The applicant shall furnish evidence of a valid permit from the New
York State Department of Environmental Conservation pursuant to Title
27, Article 23, of the Environmental Conservation Law when applicable.
The Supervisor of the Town of West Bloomfield, as the chief administrative
officer, is authorized to participate in the review by the Department
of Environmental Conservation of any application for a mining permit,
including but not limited to making a determination as set forth in
§ 23-2711, Subdivision 3, of the New York State Environmental
Conservation Law, in regard to the following:
(1)
Appropriate setbacks from property boundaries or public thoroughfare
rights-of-way.
(2)
Man-made or natural barriers designed to restrict access, if needed,
and the type, length, height and location thereof.
(3)
The control of dust.
(4)
Hours of operation.
(5)
Whether mining is permitted at the location.
E.
Surface mining may be permitted by special use permit upon those
conditions set forth in § 23-2703, Subdivision 2b, of the
Mined Land Reclamation Law, which conditions include:
(1)
Limitation and restriction regarding ingress and egress to public
thoroughfares controlled by the local government of the Town of West
Bloomfield.
(2)
Limitations and restrictions regarding routing of mineral transport
vehicles on roads controlled by the local government of the Town of
West Bloomfield.
(3)
Requirements and conditions which are specified in the mined land
reclamation permit issued by the DEC concerning setbacks from property
boundaries and public thoroughfare rights-of-way, natural or man-made
barriers to restrict access, dust control and hours of operation.
(4)
Enforcement of reclamation requirements contained in mined land reclamation
permits issued by the DEC.
F.
As a condition for special use permit approval, the Planning Board
may require an annual fee to cover the Town's review of mining plans,
reclamation plans and other required submittals to renew the special
use permit, and for the annual inspection of the mining site to ensure
compliance with those conditions of the special use permit, the New
York State mining permit or other applicable laws that have such unique
characteristics and are of local interest in that they are included
to protect the environment of the Town and the safety and well-being
of its residents.
G.
As a condition for special use permit approval, the Planning Board
may require an annual fee to cover the cost of maintenance of local
roads used by trucks entering and leaving the site. Such fees may
be waived in lieu of an agreement that the applicant be responsible
to maintain such roads.
H.
For mining sites that are regulated under the New York State Mined
Land Reclamation Law, the Town Board may not require an operation/reclamation
performance bond or other surety but may cooperate with the New York
State Department of Environmental Conservation in ensuring that the
annual operation and any reclamation meets the standards under which
the special use permit was issued.
Private swimming pools shall be subject to the following requirements:
A.
Building and zoning permits shall be required for all swimming pools
more than 24 inches deep.
B.
The pool shall be used only as an accessory use to a dwelling for
the private use of the owner or occupant of such dwelling or building
and his or her family, guests or employees.
C.
All pools shall be completely enclosed by a security fence not less
than four feet in height with posts at intervals of not more than
12 feet. Security fences shall have a maximum vertical clearance to
grade of two inches, with all gates or doors opening through such
enclosure equipped with self-closing and self-latching devices designed
to keep, and capable of keeping, such gates or doors securely closed
at all times when not in actual use of a type approved by the Code
Enforcement Officer.
(1)
Where a picket-type fence is provided, horizontal openings between
pickets shall not exceed four inches.
(2)
Where a chain-link fence is provided, the openings between links
shall not exceed 2 3/8 inches.
(3)
All latching devices shall not be less than 40 inches above the base
of the fence.
(4)
Such fence will not be required if buildings that are more than four
feet in height, walls or a fence approved by the Code Enforcement
Officer is not less than four feet in height with a self-locking gate,
or any combination of the same stand as a continuous barrier between
the pool and any approach by land to the pool.
D.
All swimming pools wherein the water level and/or sidewalls are four
feet or more above ground level shall not require the installation
of a fence. However, if any such pool has a side deck with stairs,
solitary stairs, a ladder attached to a slide or other recreational
device, a solitary ladder or any other means of access to the water,
such stairs, ladder or other means of access shall be installed so
as to allow their removal when the pool is not in use, thereby preventing
access to the pool. All such stairs, ladders or other means of access,
after removal from the pool, shall be stored in a place to prevent
unauthorized use of the pool.
E.
Outdoor swimming pools shall be located in the rear yard but not
closer than 15 feet to the side or rear property line. Swimming pools
shall never be permitted in a front yard.
F.
No permit shall be issued for such pool unless the applicant can
show that there is sufficient water supply to accommodate such pool
without detriment to normal water consumption requirements and that
all proposed water supply connections are proper and adequate.
G.
No permit shall be issued for such pool unless the applicant can
show that the proposed drainage of such pool is adequate and will
not interfere with existing sewerage or drainage facilities, with
the property of others or with public highways. Pools may not be drained
into septic systems.
H.
No lights shall be erected, operated or maintained in connection
with a swimming pool in such a manner as to create an annoyance to
surrounding properties.
I.
Applications for swimming pool permits shall comply with these regulations
and all applicable requirements of the State of New York. Where the
regulations of the Town and state are inconsistent, the more restrictive
requirements shall govern.
J.
Such pool shall be maintained in a manner sufficient to meet the
bacterial standards established by the provision of the New York State
Sanitary Code relating to public swimming pools.
K.
Pools equipped with an integral filtration system and filter pumps
or other mechanical devices shall be so located and constructed as
not to interfere with the peace, comfort and repose of the occupant
of any adjoining property.
The following uses are permitted without a permit in any district,
provided they adhere to the following standards:
A.
Garage and yard sales. Nothing in this chapter shall be construed
as prohibiting private garage and yard sales or requiring the issuance
of a permit therefor, provided that the standards outlined herein
are adhered to.
(1)
No such sale shall last longer than three consecutive calendar
days.
(2)
No premises shall be the site of more than two such sales within
one calendar year.
(3)
All sales shall be conducted on the owner's property. Multiple-family
sales are permitted, provided that the sale is held on the property
of one of the active participants.
(4)
No goods purchased for resale may be offered for sale.
(5)
No consignment goods may be offered for sale.
(6)
No directional or advertising sign associated with the sale
shall exceed four square feet in area.
(7)
Directional or advertising signs shall be removed within 24
hours upon completion of the sale.
B.
Roadside stands. Temporary roadside stands, retail outlets used for
the sale of farm products, are exempted from the yard and setback
requirements for the use district in which they are located, provided
they operate no more than 240 days out of any calendar year.
Except as otherwise expressly provided in this section, temporary
uses are permitted in any zoning district, subject to a zoning permit
and the standards hereinafter established.
A.
Hours or days of operation. No temporary use shall be operated during
any hours or on any days of the week except such as are designated
by the Code Enforcement Officer, in the certificate required by this
section, on the basis of the nature of the temporary use and the character
of the surrounding uses.
B.
Particular temporary uses permitted. Subject to the specific regulations
and time limits that follow, and to the other applicable regulations
of the district in which the use is permitted, the following temporary
uses of land are permitted in the zoning districts herein specified:
(1)
Carnival or circus or festival.
(a)
A carnival or circus may be permitted in any agricultural, mixed-use
or industrial district or in any residential district on property
owned by any not-for-profit group or organization and when approved
by the Planning Board on the basis of the adequacy of the parcel size,
parking provisions and traffic access and the absence of undue adverse
impact on surrounding properties in the residential district.
(b)
Such use shall be limited to a period not to exceed 21 days.
(c)
Such use need not comply with the front yard requirements of
this chapter, except that structures or equipment that might block
the view of operators of motor vehicles on the public streets shall
not be located within 30 feet of the intersection of the curblines
of any two streets.
(d)
Such use need not comply with the maximum height requirements
of this chapter.
(2)
Contractors' offices, equipment sheds and construction staging
areas.
(a)
Contractors' offices, equipment sheds and construction staging
areas containing no sleeping or cooking accommodations may be permitted
in any district when accessory to a construction project.
(b)
Temporary storage shall be allowed as an accessory use to the
contractor's office or equipment shed.
(c)
Such use shall be limited to a period not to exceed the duration
of such project.
(4)
Real estate offices.
(a)
Real estate offices containing no sleeping or cooking accommodations
unless located in a model dwelling unit may be permitted in any district
when accessory to a new housing development.
(b)
Such use shall be limited to the period of the active selling
or leasing of dwelling units in such development.
(5)
Seasonal sales.
(a)
Seasonal sales, including but not limited to Christmas tree
sales, may be permitted in any agriculture, commercial or industrial
district and in any residential district on property owned by any
not-for-profit group or organization when conducted by such group
or organization and when a license is issued by the Town Clerk on
the basis of the adequacy of the parcel size, parking provisions and
traffic access and the absence of undue adverse impact on other properties
in the residential district.
(b)
Such use shall be limited to a period not to exceed 45 days.
(c)
Display of Christmas trees need not comply with the yard and
setback requirements of this chapter, except that no tree shall be
displayed within 30 feet of the intersection of the curblines of any
two streets.
(6)
Bed-and-breakfast special events. A bed-and-breakfast establishment
must obtain a temporary use permit in order to hold a celebration
where not all attendants are current registered overnight guests of
the establishment and food may or may not be catered. A wedding where
the wedding party is staying at the establishment or similar celebrations
would qualify as a special event. Such special events are subject
to the following:
(7)
Other temporary uses.
(a)
Other temporary uses found by the Code Enforcement Officer to
comply with the provisions of this section, but in no case shall they
exceed a period of 30 days.
(b)
Uses identified in specific districts in this chapter as prohibited,
limited or specially permitted shall be limited to no more than 24
hours no more than two times per year in that district.
(c)
Use of public parks for temporary uses. The applicant shall
request the use of a public park from the Town Board, which shall
grant all approvals for such use.
C.
Parking. Before approving any temporary use, the Code Enforcement
Officer shall make an assessment of the total number of off-street
parking spaces which shall be reasonably required for use, on the
basis of the particular use, its intensity, and the availability of
other parking facilities in the area, and shall approve such temporary
use only if such off-street parking is provided.
Vehicle rental services shall be subject to the following requirements:
A.
No repairs, other than minor repairs, shall be performed on the premises,
and any such minor repairs shall be performed only within the principal
building on the premises.
B.
Screening shall be provided along all lot lines abutting or adjacent
to residentially zoned or developed property to block any view of
the use, its operations and stored materials and equipment from all
points on such residential property when viewed from ground level.
C.
Outdoor display of rental vehicles shall be set back a minimum of
20 feet from all lot lines abutting residentially zoned or developed
property.
D.
Setback areas shall be equipped to prevent access by rental vehicles.
Vehicle repair stations shall be subject to the following requirements:
A.
No such use shall be located within 50 feet of any residential district
boundary line.
B.
All repairs shall be performed within an enclosed principal building
on the premises.
C.
No partially dismantled or wrecked vehicle or any unlicensed vehicle
shall be stored for more than 72 hours outside of a completely enclosed
building.
D.
All permanent storage of material, merchandise and equipment shall
be within the principal building or an accessory building, with the
exception of refuse and trash, which shall be stored in closed containers
and in an area screened from view at all points on any public or private
property or street when viewed from ground level.
E.
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially zoned or developed property to block
any view of repair operations and stored material and equipment from
all points on such residential property when viewed from ground level.
Vehicle sales areas shall be subject to the following requirements:
A.
All vehicle sales areas shall require a sales building associated
with the business.
B.
No such use shall be located within 50 feet of any residential district
boundary line.
C.
One vehicle may be allowed for every 1,000 square feet of lot area.
D.
New vehicle storage areas or alterations of existing motor vehicle
use areas shall be subject to the following requirements:
(1)
Every vehicle storage area and access driveway shall be surfaced
with a durable and dustless material and shall be so graded and drained
as to dispose of surface water accumulations.
(2)
Any fixture used to illuminate any vehicle storage area shall
be arranged so as to direct the light away from the street and from
adjoining lots in any residential district.
(3)
Every vehicle storage area, except off-street parking areas
for less than five vehicles, shall be screened from any adjoining
lot in any residential district by a landscaped buffer of no less
than five feet in width. Such buffer shall be landscaped and maintained
by the owner.
(4)
No entrance or exit to a vehicle storage area shall be permitted
within 30 feet of any intersecting street lines, and except for permitted
residential off-street parking areas in the residential districts,
no entrance or exit shall be permitted within 10 feet of a lot in
any residential district.
(5)
No vehicle storage area shall be used for auto wrecking or for
storage of wrecked, partially dismantled equipment or motor vehicles
that do not qualify for New York State motor vehicle registration.
E.
Every vehicle sales area and access driveway shall be surfaced with
a durable and dustless material and shall be so graded and drained
as to dispose of surface water accumulations.
F.
Accessory repairs shall be allowed, provided they are performed within
the principal building on the premises.
G.
All permanent storage of material, merchandise and equipment shall
be within the principal building, with the exception of refuse and
trash, which shall be stored in closed containers and in an area screened
from view at all points on any public or private property or street
when viewed from ground level.
H.
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially zoned or developed property to block
any view of repair operations and stored material and equipment from
all points on such residential property when viewed from ground level.
I.
All driveways and public access must be kept clear for emergency
vehicles.
Vehicle service stations shall be subject to the following requirements:
A.
No open-air outdoor storage of materials, merchandise and equipment
shall be permitted during nonbusiness hours. Storage of materials,
merchandise and equipment during nonbusiness hours shall take place
within the principal building or within closed, secure containers
such as outdoor storage cabinets.
B.
Refuse and trash may be stored outdoors at all times only if placed
in closed containers located in an area screened from view at all
points on any public or private property or street when viewed from
ground level.
C.
No partially dismantled or wrecked vehicle or any unlicensed vehicle
shall be stored for more than 72 hours outside of a completely enclosed
building.
D.
All hazardous waste must be disposed of in compliance with New York
State and federal regulations.
E.
Screening shall be provided along all lot lines abutting or adjacent
to residentially zoned or developed property to block any view of
service station operations and stored material and equipment from
all points on such residential property when viewed from ground level.
F.
In addition to the sign restrictions outlined in § 140-129, when calculating signage square footage for service stations, signage shall include all attached and detached signage, window signs, canopy signs and signs on pumps.
G.
An accessory car wash shall have no more than a single point of access
for entering and exiting, shall be arranged to prevent drive-through
operation and shall be limited to a single bay.
I.
All driveways and public access must be kept clear for emergency
vehicles.
Vehicle storage areas shall be subject to the following requirements:
A.
Any portion of a lot used for open off-street parking for storage
areas for motor vehicles, contractors' equipment or boats shall be
deemed to be a vehicle storage area.
B.
No building, fuel dispenser, motor vehicle or any other equipment
or storage area shall be closer than 25 feet to a residential district
or 20 feet to a street line.
C.
New vehicle storage areas or alterations of existing motor vehicle
use areas shall be subject to the following requirements:
(1)
Every vehicle storage area and access driveway shall be surfaced
with a durable and dustless material and shall be so graded and drained
as to dispose of surface water accumulations.
(2)
Every vehicle storage area, except off-street parking areas
for less than five vehicles, shall be screened from any adjoining
residentially developed lot by a landscaped buffer of no less than
five feet in width. Such buffer shall be landscaped and maintained
by the owner.
(3)
No entrance or exit to a vehicle storage area shall be permitted
within 30 feet of any intersecting street lines and, except for permitted
residential off-street parking areas in the residential districts,
no entrance or exit shall be permitted within 10 feet of a lot in
any residential district.
(4)
No vehicle storage area shall be used for auto wrecking or for
storage of wrecked, partially dismantled equipment or motor vehicles
that do not qualify for New York State motor vehicle registration.
D.
All driveways and public access must be kept clear for emergency
vehicles.
Commercial wind energy conversion systems are not compatible
with the Comprehensive Plan and general intent of the Zoning Chapter
of the Code of the Town of West Bloomfield and are not conducive to
the good health, safety or general welfare of the residents and property
owners of the Town. Therefore, commercial wind energy conversion systems
are not permitted within the geographic limits of the Town of West
Bloomfield.
Noncommercial wind energy conversion systems (WECS) shall be
used primarily to reduce on-site consumption of utility-provided electricity.
In no case shall a noncommercial WECS be constructed which would exceed
110% of the anticipated energy demand for the property collectively,
including existing noncommercial WECS on the same property. Noncommercial
WECS shall be permitted as an accessory use for farming operations
and private residential energy use, as follows:
A.
Submission requirements. Applications for noncommercial wind energy
conversion systems (WECS) shall require the following information:
(1)
Name, address, and telephone number of the property owner. If
the property owner is not the applicant, the application shall include
the name, address, and telephone number of the applicant and a letter
or other written permission signed by the property owner authorizing
the applicant to represent the property owner.
(2)
Location of the tower(s) on the site and the tower height, including
blades, rotor diameter and ground clearance.
(3)
Utility lines, both above and below ground, within a radius
equal to the proposed tower height including the blades.
(4)
Property lot lines and the location and dimensions of all existing
structures and uses on site within 200 feet of the wind energy conversion
systems.
(5)
Specific information on the type, size, height, rotor material,
rated power output, performance, safety, and noise characteristics
of each wind turbine model, tower, and electrical transmission equipment.
(6)
Utility interconnection data and a copy of a written notification
to the utility of the proposed interconnection.
(7)
An applicant for a noncommercial WECS for a farm operation must
prove that the WECS does not generate more than 110% of a farm's anticipated
needs, including living facilities.
C.
Placement.
(1)
The system shall be designed and located in such a manner as
to minimize adverse visual impacts from public viewing areas, e.g.,
public parks, roads, trails. Noncommercial WECS for a farm operation
in an Ontario-County-adopted, state-certified agricultural district
are exempt from this regulation.
(2)
Anchor points for guy wires for the on-site-use WECS shall be
located within the property lines.
D.
Height. A noncommercial WECS may exceed the height requirement of
the district but shall not exceed 150 feet. A variance may be granted
allowing the height of a noncommercial WECS used for farm operations
in a county-adopted, state-certified agricultural district to be increased
if it is determined an increase in height is necessary so that the
wind turbine may be located above an existing tree canopy or natural
land formation.
F.
Color and finish. Noncommercial WECS shall be painted an unobtrusive
color that is nonreflective (e.g., white, gray, or beige).
G.
Lighting. A noncommercial WECS shall not use any lighting unless
required by the FAA.
H.
Noise.
(1)
The level of noise produced during noncommercial wind turbine
operations, measured at a distance of 1,000 feet from the base of
the noncommercial WECS or from the nearest off-site residential structure,
shall not exceed 45 dB(A) for more than five minutes out of any one-hour
time period or 50 dB(A) for any time period.
(2)
A noncommercial wind energy facility shall not be operated so
that impulsive sound below 20 Hz adversely affects the habitability
or use of any dwelling unit, hospital, school, library, nursing home,
or other sensitive noise receptor.
I.
Code compliance. A noncommercial WECS, including tower, shall comply
with all applicable state construction and electrical codes and the
National Electrical Code.
J.
Safety and security.
(1)
Each wind turbine shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade within the design
limits of the rotor. Manual electrical and/or over-speed shutdown
disconnect switches shall be provided and clearly labeled on the wind
turbine structure. No wind turbine shall be permitted that lacks an
automatic braking, governing, or feathering system to prevent uncontrolled
rotation, over-speeding and excessive loads on the tower structure,
rotor blades, and turbine components.
(2)
The system shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
(3)
The system shall be operated such that no damage is caused by
stray voltage. If it has been demonstrated that a system is causing
stray voltage, the system operator shall promptly mitigate the damage
or cease operation of the system.
(4)
All structures which may be charged with lightning shall be
grounded according to applicable electrical codes.
(5)
All transmission lines from noncommercial WECS shall be underground.
(6)
The blade tip of any wind turbine shall, at its lowest point,
have ground clearance of not less than 20 feet.
(7)
Wind turbine towers shall not be climbable up to 15 feet above
ground level.
K.
Discontinuance of use.
(1)
If the use of any WECS is discontinued, the provider shall notify
the Code Enforcement Officer within 90 days of such discontinuance.
(2)
If the WECS will be retained, the provider shall establish that
the facility will be reused, and all necessary approvals obtained,
within one year of such discontinuance.
(3)
If a WECS is not reused within one year of the abandonment,
obsolescence or cessation of use, a demolition permit shall be obtained
and the facility removed within 45 days.
(4)
If the WECS is not removed within the time period, the Town
shall have the authority to remove the facility at the owner's expense.
A.
Purpose. The purpose of this section is to provide sound land use
policies, procedures and regulations for communications facilities.
These will protect the Town from the visual or other adverse impacts
of these facilities, while encouraging unobtrusive development that
ensures comprehensive wireless telecommunications services. The standards
reflect a policy that expresses a preference that antennas be located
on existing buildings and towers rather than on newly constructed
towers.
B.
Collocation.
(1)
Alteration of an existing tower shall be considered a change
of use subject to a special use permit and the standards contained
herein.
(2)
The shared use of existing communications facilities or other
structures shall be preferred to the construction of new facilities.
Any special use permit application, renewal or modification thereof
shall include proof that reasonable efforts have been made to collocate
within (share) an existing communications facility or upon an existing
structure. The application shall include an adequate inventory report
specifying existing communications facility sites and structures exceeding
75% of the height of the proposed tower within the search range of
the cell grid. The inventory report shall contain an evaluation of
opportunities for shared use as an alternative to the proposed location.
(3)
The applicant must demonstrate that the proposed communications
facility cannot be accommodated on existing communications facility
sites in the inventory due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of
existing and approved communications facilities or other structures,
considering existing and planned use for those facilities;
(b)
The planned equipment would cause radio frequency interference
with other existing or planned equipment that cannot be reasonably
prevented;
(c)
Existing or approved communications facilities or other structures
do not have space on which proposed equipment can be placed so it
can function effectively and reasonably;
(d)
Other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures;
(e)
The property owner or owner of the existing communications facility
or other structure refuses to allow such collocation.
(f)
The cost from fees and/or adaptation of an existing structure
is unreasonable. Costs exceed new communications tower construction,
and the cost of ground rental or acquisition are presumed unreasonable.
C.
Design standards.
(1)
Building-mounted communications structures shall not be located
on any residential building.
(2)
Building-mounted communications structures shall be permitted
to exceed the height limitations of the applicable zoning district
by a maximum of 20 feet.
(3)
Building-mounted communications structures shall be integrated
in a manner that blends with the existing architectural characteristics
of the building.
(4)
Communications towers shall be designed to provide for collocation
by at least two providers or shall be designed so that they can be
retrofitted to accommodate at least two providers.
(5)
Communications towers shall be a maximum of 100 feet in height.
(6)
Communications towers shall be located a minimum distance from
the base to the property line of 110% of the structure's height.
(7)
Communications towers shall be designed and constructed to all
applicable standards of the American National Standards Institute
Manual (ANSI/EIA-222-E), as amended. Towers and antennas shall be
designed to withstand wind gusts of at least 100 miles per hour.
(8)
Communications towers shall either be gray in color, have a
galvanized finish or be colored appropriate to the tower's locational
context to the extent that the tower is as unobtrusive as possible,
unless otherwise required by the Federal Aviation Administration (FAA).
(9)
Communications towers shall be sited so as to minimize visual
impact on the environment and adjacent properties.
(10)
Communications towers shall not be artificially lighted and
marked beyond requirements of the Federal Aviation Administration
(FAA).
(11)
The base area of a tower shall be enclosed with a fence not
less than six feet in height.
(12)
Climbing access to the tower shall be limited by limiting tower
climbing apparatus to no lower than 15 feet from the ground.
(13)
A buffer a minimum of 40 feet shall be required between communication
facilities and any adjacent lots. Landscaping shall be provided along
the perimeter of the tower base area to provide a visual screen or
buffer for adjoining private properties and the public right-of-way.
Required front yard setback areas shall be landscaped.
(14)
Signs shall not be permitted on towers except for signs displaying
owner contact information and safety instructions. Such signs shall
not exceed five square feet in surface area.
(15)
Any utilities serving the site, if any, shall be placed underground.
D.
Discontinuance of use.
(1)
If the use of any facility is discontinued, the provider shall
notify the Code Enforcement Officer within 90 days of such discontinuance.
(2)
If the facility will be retained, the provider shall establish
that the facility will be reused, and all necessary approvals obtained,
within one year of such discontinuance.
(3)
If a facility is not reused within one year, a demolition permit
shall be obtained and the facility removed within one year of the
abandonment, obsolescence or cessation of use.
(4)
If the facility is not removed within the time period, the Town
shall have the authority to remove the facility at the cost to the
owner.
(5)
A surety bond, approved by the Town Attorney, in the amount
of $50,000 shall be issued by the applicant and held by the Town of
West Bloomfield to insure that the removal of the facility is executed.
E.
Additional submittal requirements. In addition to all requirements
outlined in this chapter, all applicants for approval for a communications
facility (tower, antenna, telecommunications equipment building and
other related structure or use) shall submit:
(1)
A statement from the FAA that the application has not been found
to be a hazard to air navigation under Part 77, Federal Aviation Regulations,
or a statement that no compliance with Part 77 is required.
(2)
A statement from the FCC that the application complies with
the regulations of the Commission or a statement that no such compliance
is necessary.
(3)
Visual impact analysis.
(a)
The applicant shall be required to undertake a visual impact
analysis on any proposed commercial communications tower or any proposed
modification to an existing tower which causes said tower to exceed
30 feet in height from its original permitted height. The visual impact
analysis, in the form of a written report, shall assess the cumulative
impacts of the proposed facility and other existing and foreseeable
commercial communications towers in the area and shall identify and
include all feasible mitigation measures necessary to mitigate any
negative visual impact by the proposed tower. Mitigation measures
should be consistent with the technological requirements of the applicant.
(b)
The visual impact analysis report shall include but not be limited
to the following:
[1]
A photograph simulation of predevelopment versus post development
views from key viewpoints, but from no less than the four sides.
[2]
An analysis of possible alternative tower structure designs
and color schemes.
[3]
An analysis of the visual impact of the tower base, accessory
buildings and overhead utility lines from abutting properties and
streets.
(4)
A report by a certified engineer documenting the following:
(a)
Communication tower height and design, including technical,
engineering, economic and other pertinent factors governing selection
of the proposed design;
(b)
A cross section of the communications tower;
(c)
Total anticipated capacity of the site, including number and
types of antennas, which can be accommodated;
(d)
Evidence of structural integrity of the tower structure;
(e)
Failure characteristics of the communications tower and demonstration
that the site and setbacks are of adequate size to accommodate debris;
(f)
Ice hazards and mitigation measures which have been employed,
including but not limited to increased setbacks and/or de-icing equipment;
(g)
Specific design and construction plans indicating the means
by which shared use requirements will be met.
(5)
Applicant's letter of intent to lease excess space on the tower
in conformance with the provisions for shared use contained in this
section.
