Town of Walworth, NY Article V Supplementary Regulations

§ 180-19 Exceptions, additions and modifications.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as are herein provided by the following supplementary regulations.

§ 180-20 Visibility at intersections in all zoning districts.

[Amended 8-16-2018 by L.L. No. 3-2018]

Notwithstanding other provisions of this chapter, nothing shall be erected, placed, planted or allowed to grow, including fences, walls, hedges, signs (except as otherwise permitted by Chapter 143, Signs), landscaping and plantings of every kind or nature, along the front edge of any front yard or within 30 feet of the right-of-way line which shall be over 2 1/2 feet in height. No fence, wall, hedges, signs or plantings of any kind or nature, except for grass, shall be located within 15 feet of a hydrant.

§ 180-21 Accessory buildings.

A. No accessory building or structure shall be erected in any front yard; except that in RR-1, RR-1A, R and Hamlet Zoning Districts, an accessory building or structure may be erected in a front yard, provided it is no closer to any lot line than the required setback and no closer to the permitted principal use than 30 feet; except if the accessory building or structure is to be used for housing animals other than chickens, then the accessory building or structure may be no closer to any lot line than 100 feet and no closer to the permitted principal use than 115 feet.

[Amended 12-18-2003 by L.L. No. 6-2003; 3-4-2010 by L.L. No. 1-2010; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. No accessory building or structure shall be erected closer to the side yard line than 15 feet in RR-1, RR-1A and R Residential Zoning Districts, nor closer than the required set back as shown on the approved plans for a PD District. In a Hamlet Zoning District, no accessory building shall be closer than eight feet to the side yard lot line, except in the case of a corner lot, then § 180-13, Hamlet Districts: Multifamily/Neighborhood Business, Subsection K(1) shall apply where the permitted principal use of the property is noncommercial.

[Amended 2-3-2005 by L.L. No. 2-2005; 6-16-2005 by L.L. No. 3-2005; 12-6-2007 by L.L. No. 6-2007; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. No separate accessory building shall be erected in the rear yard closer to the permitted principal use than five feet and not closer to the rear lot line than five feet in the following zoning districts RR-1, RR-1A, R, Hamlet and PD District.

[Amended 3-4-2010 by L.L. No. 1-2010; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

D. No accessory building exceeding 64 square feet shall be erected unless it is affixed to a treated wooden floor having a three-quarter-inch minimum thickness built upon six inch by six inch treated wood supports 24 inches on center running the full length of the floor except when affixed to the ground with an approved mechanical device or permanent foundation.

[Added 3-7-2002 by L.L. No. 2-2002]

E. An accessory use/structure shall only be a permitted use/structure where the associated principal use/structure is in place and on the same lot as the subject accessory use/structure prior to or at the time of the creation of said accessory use/structure, unless subject to one of the following exceptions:

[Added 12-18-2003 by L.L. No. 6-2003; amended 6-5-2008 by L.L. No. 3-2008; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) A principal structure and associated accessory structure may be constructed at the same time, but a certificate of compliance/certificate of occupancy shall not be provided for the accessory use/structure unless in compliance with the above and/or an exception below.

(2) An accessory use/structure is permitted on a separate parcel of land contiguous to the parcel containing the associated principal structure/use where both such parcels share common ownership.

(3) Should a) subdivision of land, or b) change in ownership relating to Subsection E(2) above result in an otherwise impermissible accessory use/structure on lands without an associated principal structure/use, the owner may apply to the Planning Board for a waiver from these requirements to permit the accessory use/structure. In considering such waiver, the Planning Board shall consider whether the waiver would harm or otherwise negatively impact the character of the neighborhood, whether it would materially impact property values in the neighborhood, and whether the condition/nature of the accessory structure/use is maintained and otherwise in an acceptable state of repair. In the alternative, if the owner commits to later building a principal structure, then the Planning Board may permit the accessory structure to remain alone for up to one year, so long as the owner provides security for removal of the accessory structure should the principal structure not be constructed within one year. Should the Planning Board decline to approve the waiver, the subdivision shall not be permitted, and in the case of a change of ownership, the remaining structure shall be considered pre-existing nonconforming and will not be permitted to be expanded or enlarged without such waiver.

(4) Temporary toilet facilities provided for employees engaged in construction, temporary festivals and/or celebrations that last fewer than five days, Town-owned or -controlled parks and recreation areas and/or farming operations that are seasonally open to the public for fruit/vegetable stands or "pick your own" operations, provided that the placement of portable sanitary facilities otherwise complies with Town setback requirements for structures within the zoning district in which the portable sanitary facilities are placed.[1]

[1] Editor's Note: Former Subsection F, allowing permitted accessory uses on contiguous parcels, added 3-4-2010 by L.L. No. 1-2010, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 180-22 Erection of more than one principal structure on lot.

In any district, more than one building housing a permitted or permissible principal use may be erected on a single lot, provided that site plan approval is obtained from the Planning Board and yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

§ 180-23 Exceptions to height regulations.

The height limitations contained in this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

§ 180-24 Access to structures.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Every building erected or moved shall have unobstructed and legal access to a public street or an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and other emergency services requiring off-street parking.

§ 180-25 Parking, storage or use of major recreational equipment.

[Amended 2-3-2005 by L.L. No. 2-2005; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

So long as no traffic safety issues are created by the same, major recreational vehicles may be parked or stored on any lot in a residential district; except that for lots less than one acre in size, only one such vehicle may be kept in the front yard; any vehicles in excess of one shall be kept in the rear or side yard. No such vehicles shall be used for living or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use, except temporarily in the case of an emergency.

§ 180-26 (Reserved) [1]

[1] Editor's Note: Former § 180-26, Parking and storage of unregistered vehicles, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 180-27 (Reserved) [1]

[1] Editor's Note: Former § 180-27, Stripping of topsoil, amended 3-7-2002 by L.L. No. 2-2002 and 12-18-2003 by L.L. No. 6-2003, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 180-28 Land filling and land stripping permits.

[Amended 2-3-2005 by L.L. No. 2-2005; 3-4-2010 by L.L. No. 1-2010; 11-5-2015 by L.L. No. 5-2015; 9-1-2016 by L.L. No. 4-2016; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. No person, partnership, limited-liability company, corporation or entity of any kind shall add to or place fill dirt and/or waste materials or any similar material in excess of 50 yards, or strip, excavate or remove topsoil or dirt in excess of 100 square feet of surface area or 50 yards (whichever is smaller) on any premises in the Town without first obtaining a fill/strip permit from the Building Department. Square feet/yardage limits shall be per calendar year.

B. Permit procedure. A land filling or land stripping permit shall require:

(1) An application for a permit on a form provided by the Town setting forth and providing the following information:

(a) The type of materials to be removed/used as fill, fill origin, the extent of the fill/removal, the nature of the fill/removal and plans for finished grade and ground cover on fill/removal areas.

(b) A plan showing the exact location of the fill/removal area, material to be used/removed, drainage alterations and/or improvements.

(2) Submission of the permit application to the Town Engineer, who shall review the application and make recommendations to the Building Inspector, who, upon receiving the Engineer's recommendation, shall either grant or deny the application with or without conditions. In assessing whether the permit shall be issued, items including the following shall be assessed: final grade, drainage, erosion controls (including MS4 requirements), landscaping and any other issues pertinent to the same, including those issues set forth below.

C. Prohibitive operations. A permit application shall be denied if it is determined that:

(1) Any filling is for the sole purpose of waste disposal;

(2) Any putrescible materials are included in proposed fill material;

(3) Fill material contains any organic material;

(4) Fill contains hazardous material as defined by the laws, rules and regulations of the United States or the State of New York or any of its agencies or subdivisions; or

(5) The operation is not in the best interests of the future development of the neighborhood in which the property is located or the future use of the property.

D. Work completion requirements. The operation and all areas disturbed are to be finished within a reasonable time to be determined by the Building Inspector. Disturbed areas are to be covered with sufficient topsoil and seeded with permanent cover mixture with seeding maintained by the applicant until growth has occurred to require at least two mowings.

E. Fees. Each application shall be accompanied by a fee at the time of its submission, in the amount set forth in the Town of Walworth Fee Schedule, which fee has been and shall be determined from time to time by Town Board resolution. In addition to this fee, the applicant shall be required to reimburse the Town for all of its out-of-pocket expenses associated with review, including the reimbursement of fees incurred by the Town as set forth in the Walworth Town Code, Chapter 74, Reimbursement of Consultant and Professional Fees.

§ 180-29 Development along major streets.

No building or part of a building shall extend nearer to the edge of the highway right-of-way than 75 feet as to all property fronting on:

A. New York State Route 350 (Macedon-Ontario Center Road).

B. New York State Route 286 (Atlantic Avenue).

C. New York State Route 441 (Walworth-Penfield Road) (Walworth-Marion Road).

D. County Road 120 (Plank Road).

§ 180-30 Subsurface sewage disposal systems.

A. Where a public sanitary sewer is not reasonably accessible, other proper provisions approved by the applicable authority shall be made for the disposal of domestic sewage.

B. Design and installation.

(1) Subsurface disposal systems shall be designed and installed in accordance with the requirements of the State of New York, Department of Health and/or Department of Environmental Conservation, and/or Chapter 139, Sewers, of the Code.

(2) No subsurface disposal system shall be installed under adverse weather conditions, high groundwater, frozen conditions or when the site or trenches are muddy, wet or frozen. Surface water shall be diverted around trenches so that the subsoil will not become saturated or frozen during construction. Trench bottoms shall remain relatively dry during the construction period even if temporary coverings and pumps are required. The septic tank, distribution box, crushed stone and pipe shall be installed only under relatively dry and unfrozen conditions.

(3) Any work installed under adverse conditions will not be acceptable and shall be removed and reinstalled prior to issuance of a certificate of occupancy.

(4) Percolation and deep soil tests. At least four shallow holes shall be tested in the area of each leach field, and results of such tests shall be indicated on the plan. These tests will be witnessed by the Building Inspector.

(5) One or more deep holes shall be dug on each lot to determine the presence of rock or water. Such holes shall be at least six feet in depth. Results of deep holes shall be indicated on the plan.

(6) Except as stated hereafter, maximum acceptable soil percolation rate shall not exceed 45 minutes taken during the spring or other wet period during the year.

(7) Evapotranspiration beds shall not be used as a substitute for conventional systems whenever soil percolation rates exceed 45 minutes. Evapotranspiration beds may be used only on parcels of one or two acres or more in size having a minimum frontage of 200 feet and a maximum soil percolation rate of 90 minutes or to replace an existing conventional system on a smaller parcel that has failed.

C. No cesspool or leaching well shall be installed.

D. The pumping of septic tanks shall be permitted; however, the disposal of the contents thereof shall not be permitted except as approved by the Town Board, the New York State Department of Environmental Conservation and all other state departments.

§ 180-31 Dumps.

No dump as defined herein shall be permitted within the Town, except as approved by the Town Board and/or the New York State Department of Environmental Conservation.

§ 180-32 Open burning.

[Amended 3-4-2010 by L.L. No. 1-2010; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Except as otherwise allowed pursuant to the New York Department of Environmental Conservation regulations governing burning at 6 NYCRR Part 215, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.

§ 180-33 Ground cover restoration.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any land disturbed or excavated or ground cover removed because of construction, which is not within the confines of the structure to be built or site improvements not otherwise requiring ground cover, whether on a subdivided lot or a parcel not previously subdivided, must be rough graded and the ground cover restored and/or replaced within 60 days from the date of issuance of a certificate of occupancy for a residential, commercial or industrial building, in any zoning district. The Building Inspector, after a follow-up site inspection to confirm the ground site has been graded and the ground cover has been restored and/or replaced, may extend the sixty-day period for a reasonable length of time because of weather conditions and/or extenuating conditions. Failure to comply with this requirement shall be a violation of this chapter.

§ 180-34 Minimum width of access right-of-way for residential lots.

The minimum width of the access right-of-way for residential lots shall be as follows, unless specifically waived by the Planning Board:

Minimum Access Length of Access (feet)	Width per Lot (feet)
0 to 250	20
251 to 500	35
Over 500	60

§ 180-35 Special regulations relating to dwellings.

A. No permit for the construction of a one-family, two-family, multiple-family dwelling or a manufactured home which is located outside of a mobile home park (as defined in § 180-42 of this chapter), shall be granted unless the minimum living space (as defined by the International Building Code as adopted by New York) meets the following criteria:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Split-level, one-story dwellings and any manufactured homes outside of a mobile home park shall contain a minimum of 1,250 square feet of living space.

(2) Raised ranch and 1-1/2-story dwellings shall contain a minimum of 850 square feet of living space and, if less than 1,250 square feet of living space, additional square footage which can be reasonably developed into additional living space, such additional square footage in an amount such that the total square footage (living space plus additional square footage) will equal or exceed 1,250 square feet.

(3) Two-story dwellings shall contain a minimum of 660 square feet of living space on the first floor with a minimum of 1,320 square feet square feet of total living space.

B. Multiple-family minimum ground floor area. No permit for the erection of a multiple-family dwelling will hereafter be granted unless the minimum ground floor living area per dwelling unit shall be 600 square feet.

C. Calculation of ground floor living area. The ground floor living area shall not include open or enclosed porches. basements, garages or carports and is calculated from external dimensions. All foundations shall be of concrete or masonry construction.

D. No basement or part of a basement shall be used or designed for sleeping purposes unless it complies with the Residential Code of New York State definition of "habitable space" and all related sections governing such occupancy.

[Amended 3-4-2010 by L.L. No. 1-2010]

E. Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose surface is no more than one foot above the level of the basement floor. Each basement room used for living purposes shall have a window area opening to the outside equal to not less than 1/10 of the floor area of such room.

F. Slope of yards. No building containing dwelling units shall henceforth be constructed nor shall any existing building be altered so as to contain dwelling units unless the surface grade of the front yard at the front wall of such building is more than one foot above the established grade of the sidewalk. Where a sidewalk grade has not been established, the surface grade at the front wall of the dwelling shall be not less than one foot above the center line of the street measured at the midpoint between the side lot lines of the lot. Where there is unusual difficulty in meeting this provision, the Building Inspector may accept a substitute gradient, provided that no minus gradient is established within fifteen feet of the front wall or within six feet of either side wall of the building.

G. Garage.

[Amended 3-4-2010 by L.L. No. 1-2010]

(1) At the same time each single-family home is built, an attached or detached garage containing a minimum of 350 square feet shall be constructed.

(2) At the same time each two-family home is built, an attached or detached garage containing a minimum of 350 square feet for each living unit must be constructed.

(3) At the same time each multifamily living unit is built, an attached or detached garage or carport containing a minimum of 350 square feet for each living unit shall be constructed.

§ 180-35.1 Invisible fence setback.

[Added 6-16-2005 by L.L. No. 3-2005]

No invisible fence (to restrain dogs or other animals within a parcel or lot line) may be installed on any lot or parcel within one foot of the lot's or parcel's front, rear or side lot lines.

§ 180-36 Swimming pools/hot tubs.

[Amended 3-20-2003 by L.L. No. 1-2003]

Swimming pools/hot tubs. A private swimming pool/hot tub installed or maintained as an accessory use shall conform to the following:

A. Setback. It shall meet the minimum setback requirements for a structure in the district.

B. Fencing or other adequate protection. All sides shall be enclosed by fences or other adequate protection at least four feet high. If a pool or hot tub is constructed entirely or partly above ground and that portion which is above ground has a vertical side at least four feet high, a fence or other adequate protection shall not be required. Notwithstanding the foregoing, a fence or other adequate protection shall be required if the walls of the pool or hot tub are so constructed or any appurtenant structures such as filtering systems are so located as to provide a means by which the walls of the pool or hot tub can be climbed.

C. Entrance. Each entrance to said pool or hot tub shall be provided with opening devices or locks so located to prevent access by small children and said devices or locks shall be of such specifications and shall be installed so that the devices or locks and their installation are in compliance with all applicable state laws, rules, codes and regulations.

D. Fencing specifications. The fences shall be designed, located and constructed to the requirements and specifications of the Building Inspector and shall so be designed, located and constructed in compliance with all applicable state laws, rules, codes and regulations.

E. All private swimming pools and hot tubs shall be installed and maintained pursuant to the applicable New York State laws, rules, codes and regulations.

F. No private swimming pool and/or hot tub shall be used until the pool and/or hot tub is inspected by an approved inspection entity approved by the Town, and its electrical system is in compliance with all applicable state laws, rules, codes and regulations.

§ 180-37 Quarry, sand and gravel pits.

A. Purpose and application of this section. It is the purpose of this section to protect the Town of Walworth, its residents and its natural environment from the hazards associated with quarry, sand and gravel pits and similar operations involving commercial excavations, which could result from activity not conforming to standards of sound and acceptable environmental practices; except that this section shall not apply to agricultural operations as hereinafter defined. These hazards include but are not limited to the following:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) A large increase of soil exposed to erosion from wind and water.

(2) Increased water runoff, soil movement, sediment accumulation and peak flows caused by:

(a) Removal of plant cover.

(b) Decrease in soil area able to absorb water due to construction of streets, buildings, sidewalks and parking lots.

(c) Changes in drainage areas caused by grading operations, diversions and streets.

(d) Changes in volume, velocity and duration of water concentrations caused by altering steepness, distance and surface roughness.

(e) The obstruction of stream flow by new buildings, dikes and landfills.

(f) Soil compaction by heavy equipment.

(g) Prolonged exposure of unprotected sites.

(3) The altering of the groundwater regime that may adversely affect wells, drainage systems, slope stability, survival of existing vegetation and establishment of new plants.

(4) The exposing of subsurface materials which are too rocky, acid or otherwise unfavorable for establishing plants.

(5) The improper timing and sequence of construction and development activities.

(6) The abandonment of sites before completion of construction.

(7) The destruction of unique, valuable or rare land, vegetation, waterways, trees or geological occurrences.

B. Standards. The following standards shall apply to all activity and operations which affect the natural environment of the Town of Walworth, except that such standards shall not apply to agricultural operations:

(1) Erosion control. The following standards shall apply as necessary to control erosion and sediment generation:

(a) Land grading, earthmoving and vegetation removal shall be limited to that necessary for actual construction, except where otherwise permitted by § 180-38.

(b) Trees, bushes and other natural plants of nursery quality to be retained shall be protected during site preparation and construction.

(c) All land which is stripped, cut, filled or otherwise deprived of protective vegetative cover shall be restored to a natural condition within a specified time limit and subject to the requirements of the engineer for the Town/Building Inspector. In all cases, ground cover shall be applied to exposed soils within 15 days of exposure except where authorized construction will begin within 30 days, except where otherwise permitted by § 180-38. Adaptive plant species shall be selected for the site.

(d) There shall be no removal of soil or vegetation from slopes exceeding 15%, except as otherwise permitted by § 180-38.

(e) Slopes to be seeded or planted shall be maintained at a slope of one foot vertical to two feet horizontal or flatter.

(f) Where land excavation or filling is permitted under this or any other section of the Town of Walworth Code, the face of the excavation or fill shall be no steeper than one foot vertical to two feet horizontal.

(g) Terraces or diversions shall be employed to break up long slopes where the possibility of erosion exists.

(h) Sedimentation basins shall be employed as required by the engineer for the Town.

(i) A minimum of six inches of topsoil shall be maintained on a site to ensure proper growth of vegetation.

(j) There must be regular and continued maintenance of erosion and sediment control measures and adequate vegetative cover.

(2) Drainage. The following standards shall apply as necessary to ensure the adequacy of drainage channels, courses and structures.

(a) Whenever possible, natural drainage patterns shall be employed in preference to rechanneling streams or watercourses. In no case shall work be performed which directly or indirectly affects natural drainage patterns prior to the granting of approval by the Town, county and state agencies having grant jurisdiction.

(b) Man-made structures shall be placed so as not to block or restrict, in any manner, natural drainage patterns.

(c) Fill shall not be disposed of or deposited upon any floodplain or drainageway.

(d) Where land excavation or filling has been permitted, provision shall be made for the safe conduct of surface water across the face of the slope, for subsurface drainage as necessary and to prevent materials from washing across or upon adjacent property.

(e) Ponds and retention basins shall be employed as required by the engineer for the Town.

(f) All drainage systems and stormwater sewer capacity shall be designed to handle the anticipated flows from the entire upstream drainage basin as these anticipated flows shall be determined or verified by the engineer for the Town.

(g) In order to expedite surface drainage, a minimum grade of 0.5% shall be employed on all newly finished slopes.

(h) Design velocities of storm drainage systems shall be as required by the engineer for the Town.

(i) No hazardous chemicals, fuels, lubricants, sewage or other pollutants shall be discharged into any streams, drainage or water supply systems.

(j) Sanitary facilities, including septic systems, sewage systems, landfills or compost areas, shall not be located where they may damage or pollute streams, wells, springs or watercourses.

(k) A regular and continued maintenance program shall be implemented as necessary to ensure that bridges, structures, dams, silt, debris and other obstructions do not prevent the free flow of water along the drainage course.

(3) Landfilling. The following standards shall apply as necessary to ensure the adequacy and quality of all fill areas:

(a) Areas to be graded shall be cleared of all loose timber, logs, brush, rubbish or other matter which will interfere with the grading operation.

(b) All fill materials shall be free of brush, rubbish, stumps, frozen materials and soft or easily compressible materials.

(c) The maximum thickness of fill layers prior to compaction shall not exceed six inches.

(d) No structures shall be constructed on fills unless proper footings and foundations are provided as are approved by the engineer for the Town/Building Inspector.

(e) Fill intended to support structures, if allowed, shall be compacted to a minimum of 90% of standard proctor with proper moisture control. Compaction of other fills will be to a density required by the engineer for the Town.

(f) All disturbed areas will be adequately drained and planted when finished.

(4) Subdivision, commercial or industrial development. The following standards shall also apply as necessary to protect and preserve the natural environment during subdivision, commercial or industrial development.

(a) Where development is proposed for lands containing slopes, erosive soils, watercourses, wetlands, woodlands or farmland, the proposed development should be laid out to avoid such areas.

(b) The layout of streets and lots shall conform to the natural lay of the land, and, where possible, streets shall be designed to run with, rather than against, contours.

(c) Open spaces, parks, recreational areas, ponds, wildlife habitats and other areas of public use or value shall be incorporated, as appropriate, into subdivision plans. The selection of such areas shall take into consideration the soils, vegetation, water, topography, accessibility, wildlife population and aesthetic values.

(d) Trees and other existing natural vegetation shall be retained and protected except as otherwise permitted during the subdivision review process by the Planning Board.

(e) There shall be integration of surface and storm drainage systems, including provisions for diversions and debris basins; paved or lined chutes, outlets and waterways; drop inlets; open or closed drains; stream channel protection; and bank erosion structures.

(f) Required erosion and sediment control measures shall be installed prior to the commencement of construction activity.

(g) Where development is proposed with an environmentally sensitive area, the actual location of structures, roadways and other improvements shall be staked to facilitate on-site inspection prior to site plan approval.

(h) All topsoil stripped from a site must be stockpiled on the site and restored on the site upon completion of development except as otherwise permitted during the subdivision review process by the Planning Board.

C. Requirement of permit in certain cases. In addition to the above standards, a permit shall be required for the following operations prior to the commencement of any activity or work, except as otherwise provided by Subsection D of this section:

(1) An excavation which:

(a) Is greater than four feet in vertical depth at its deepest point as measured from the natural ground surface;

(b) Results in a total quantity of more than 50 cubic yards of material from any lot, parcel or subdivision thereof;

(c) May impair existing surface drainage, constitute a potential erosion hazard or act as a source of sedimentation to any adjacent land or watercourse; or

(d) Has final slopes steeper than one foot vertical to two feet horizontal.

(2) A fill which:

(a) Is greater than four feet in vertical height at its deepest point as measured from the natural ground surface;

(b) Exceeds a total of 50 cubic yards of material being placed on any lot, parcel or subdivision thereof;

(c) May impair existing surface drainage, constitute a potential erosion hazard or act as a source of sedimentation to any adjacent land or watercourse; or

(d) Has final slopes steeper than one foot vertical to two feet horizontal.

(3) Grading which:

(a) Affects 10,000 square feet of natural ground surface;

(b) Causes a grade change greater than 12 inches at any point;

(c) May impair existing surface drainage, constitute a potential erosion hazard or act as a source of sedimentation to any adjacent land or watercourse; or

(d) Requires a total of 50 cubic yards of material on any lot, parcel or subdivision thereof.

(4) Stripping:

(a) At a depth of greater than six inches at any point;

(b) Which affects 10,000 square feet of natural ground surface;

(c) Which may impair existing surface drainage, constitute a potential erosion hazard or act as a source of sedimentation to any adjacent land or watercourse; or

(d) Which results in a total of 50 cubic yards of material on any lot, parcel or subdivision thereof.

D. Permit not required in certain cases. The following operations and activities are subject to all the standards and requirements of this section, except that a permit, as provided in this section, shall not be required for:

(1) Operations and activities not exceeding the criteria established in Subsection C of this section.

(2) Sites subject to Town subdivision and site plan review process; provided, however, that the application is approved by the Planning Board or engineer for the Town/Building Inspector.

(3) (Reserved)

(4) Individual private septic systems which do not alter the natural terrain.

(5) Grading, filling or excavating pursuant to a permit issued by the Highway Department for work in streets, roads or rights-of-way dedicated to public use; provided, however, that sediment and erosion control measures have been and are being employed in accordance with an approved grading, erosion and sediment control plan and provided that the plan is submitted to the engineer for the Town/Building Inspector.

(6) Grading and trenching for utility installations regulated and controlled by the public utilities, only to the extent of any exemption from the provisions of this section required by state law and provided that plans are submitted to the engineer for the Town/Building Inspector and found to be acceptable.

(7) Authorized Wayne County or New York State capital improvement and public works projects; provided, however, that sediment and erosion control measures have been and are being employed in accordance with an approved grading, erosion and sediment control plan and provided that the plans have been submitted to the engineer for the Town/Building Inspector and found to be acceptable.

E. Authorization to grant or deny permit.

(1) The engineer for the Town/Building Inspector has the authority to grant or deny a permit under the regulations of this section.

(2) Further, the engineer for the Town/Building Inspector, where deemed necessary, may refer any application for an environmental protection permit to the Town Board and/or engineer for the Town for their review and recommendations.

F. Application for permit. Applications for environmental protection permits shall be made, in writing, to the engineer for the Town/Building Inspector by the owner or his or her agent and be accompanied by materials the engineer for the Town/Building Inspector may deem necessary, such as but not limited to the following information:

(1) A vicinity sketch and boundary line survey of the site for which the permit is sought and on which the work is to be performed.

(2) Location of any buildings, structures, utilities, sewers and water and storm drains on the site where the work is to be performed.

(3) Location of any building or structure on land of adjacent property owners within 100 feet of the site.

(4) Spot elevations and existing and proposed contours, dimensioned extent of all work proposed to be done, existing shrub masses and trees.

(5) A licensed engineer's certification of the volume of excavation and fill involved and the quality of fill.

(6) Detailed plans of all drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sediment control measures; location of approved fences around sediment basins, steep excavations or ponding areas and other protective devices to be constructed in conjunction with or as a part of the proposed work, together with a map showing the drainage area of land tributary to the site and estimated cubic foot per second runoff of the area served by any drain, computed in accordance with current Town storm drainage criteria.

(7) A time schedule and sequence indicating the anticipated starting and completion dates of the development sequence: stripping and/or clearing, rough grading and construction, final grading and vegetative establishment and maintenance and the time of exposure of each area prior to the completion of effective erosion and sediment control measures and any traffic or noise problems.

(8) The estimated cost of the grading and/or filling and the required erosion controls and the restoration proposal.

(9) The depth to bedrock if determined during site evaluation.

(10) The depth to the water table if determined during site evaluation.

(11) Applicants shall examine all available data on the land affected, including soil maps, soil studies, drainage studies and Conservation Board maps and indexes.

(12) Applicants shall complete and submit an environmental impact statement as required by the engineer for the Town/Building Inspector and meet all requirements of the New York State Environmental Quality Review Act (SEQR) and Chapter 79, Environmental Quality Review, of the Code.

(13) Other plans, drawings or materials as required by the engineer for the Town/Building Inspector and/or Town Board. The engineer for the Town/Building Inspector and/or Town Board may waive the requirement for scale plans or drawings if it finds that the information on the application is sufficient to show that the work will conform to the requirements of this section. A separate permit shall be required for each separate noncontiguous site. No permit shall be transferable without the written consent of the engineer for the Town/Building Inspector. No permit shall be issued for grading which is for building or development not permitted by existing zoning, special exceptions and variances applicable to the land.

G. Standards governing permits.

(1) In order to grant any permit, the engineer for the Town/Building Inspector shall find that the request is in harmony with the general purpose and intent of this section, taking into account the location and size of use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site in respect to its vicinity and remainder of the Town. Furthermore, the engineer for the Town/Building Inspector shall find that the establishment, maintenance or operation of the development applied for will not be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the Town.

(2) In granting any permit, the engineer for the Town/Building Inspector may attach such conditions as may be deemed necessary to prevent danger to public or private property or any sewer, storm drain or watercourse or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner that will create a nuisance. Such conditions may include but are not limited to the erection or installation of walls, drains, dams and structures; plantings and vegetation; erosion and sediment control measures or devices; furnishing necessary easements and a specified method of performing the work.

(3) Major modifications of the approved plans shall be submitted to the engineer for the Town/Building Inspector and reprocessed in the same manner as the original plan. Field modifications of a minor nature may be approved by the engineer for the Town/Building Inspector, provided that written approval is given to the person performing work pursuant to this section, with copies immediately forwarded to the engineer for the Town.

(4) No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public property without supporting and protecting such public street, sidewalk, alley or other public property from settling, cracking or other damage which might result from such excavation. If, in the opinion of the engineer for the Town/Building Inspector, the nature of the excavation is such as to create a hazard to life or property unless adequately safeguarded, the applicant shall construct such walls, fences, guardrails or other structures to safeguard the public street, sidewalk, alley or other public property and persons using such, as the engineer for the Town/Building Inspector may require.

(5) In the event of the violation of any condition of the permit, the violation of any provision of this section or any other applicable law, ordinance, rule or regulation relating to the work or the existence of any condition or the doing of any act constituting or creating a nuisance, hazard or endangering human life or the property of others, in the opinion of the engineer for the Town/Building Inspector, the engineer for the Town/Building Inspector shall give written notice of such violations or conditions which shall contain a time limit not to exceed 10 days in which such violations or conditions must be remedied and corrected. The failure to so remedy and correct such violations or conditions within such time limit shall result in the revocation and suspension by the engineer for the Town/Building Inspector of the permit issued under this section.

(6) Every permit issued hereunder by the Building Inspector upon payment of a fee as required by resolution from time to time by the Town Board shall expire at the end of the period of time set out in the permit. The applicant shall fully perform and complete all of the work required to be done within the time limit specified in the permit.

H. Irrevocable letter of credit. After the approval of the application and before the issuance of any permit, the applicant shall furnish the engineer for the Town/Building Inspector an irrevocable letter of credit in an amount to be approved by the engineer for the Town, which letter shall ensure that all items as may be deemed necessary are constructed in accordance with the approved plan and the statement and specifications of the Town of Walworth.

§ 180-38 Commercial excavations.

A. Purpose; objectives.

(1) It is the purpose of this section to provide for the proper use of the land and to require an orderly continuing restoration of all land permitted to be commercially excavated for its resources.

(2) Furthermore, all operations shall be conducted in a safe manner with respect to the likelihood of hazard to persons, physical damage to adjacent land or improvement or damage to any street by reason of slides, sinking or collapse.

(3) The objectives shall be to:

(a) Protect the land proposed for commercial excavation from being destroyed for future use through excavation.

(b) Protect the surrounding land uses, natural environment and people from damage or danger from excavation and appurtenant activities.

(c) Provide for a plan to restore the disturbed area for its ultimate reuse prior to the expiration of the permit.

(d) Allow only those excavation uses which are in accordance with the Town's Comprehensive Plan and development objectives.

B. Conformance required. All excavations and appurtenant activities commenced henceforth shall be in conformity with the provisions of this section and shall be located only within areas specifically permitted according to the provisions of this section. Excavations operating under current permits at the time when this chapter becomes effective shall continue under the provisions of the permit until expiration. Upon expiration of a currently valid permit, the owner, operator or lessee shall comply with the requirements of this section.

C. Application procedure and requirements. Before any excavation activities are commenced, the owner, agent or lessee of the premises shall file with the Building Inspector an application for a permit and pay a filing fee in an amount as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk. In all cases, the application for each excavation permit shall be accompanied by materials the Town Board may deem necessary, such as but not limited to the following:

[Amended 3-4-2010 by L.L. No. 1-2010]

(1) Name and address of the applicant and of each owner of the premises.

(2) Vertical aerial photographs, at a negative scale no smaller than one which equals 1,000 feet and certified as taken not earlier than one year prior to the date of application. The area covered by vertical aerial shall include:

(a) All land requested for the excavation permit and all contiguous land which is or has been used by the owner or lessee for excavation or appurtenant activities.

(b) All public roads bounding the proposed excavation site and all structures on adjoining property within 100 feet of the property line.

(c) A location map in the form of an overlay of the vertical aerial photography, covering the land within at least 1,000 feet of the boundaries of the entire land proposed for permit, showing existing classification of public and private land use.

(3) An identification plat which shall be prepared by a licensed engineer or surveyor at a scale of one inch equals 100 feet. The plat shall show:

(a) The boundaries of the entire tract proposed for permit by bearing and distance, existing topography at no greater than five-foot contour intervals and the location of all watercourses within 500 feet of the tract proposed for permit.

(b) Average depth of overburden within the boundaries of the tract proposed for permit.

(c) Location of all haul roads to and from the operation to minimize intrusions into residential areas and minimize dust.

(d) Any planned impoundment of water to provide lakes or ponds for wildlife at restoration.

(e) Planned drainage and water control for all affected areas so as to reduce soil erosion damage to adjacent lands.

(f) The sequence of cuts or excavations.

(4) An operations map showing the plan for the operation and appurtenant activities, which shall be presented as an overlay to the identification plat. All of the following operations, including the acreage to be devoted to them, should be shown:

(a) Area of active excavation and area requested for excavation, area of active appurtenant activities and area requested for appurtenant activities.

(b) Area where topsoil and overburden will be temporarily stored for the future use of restoring excavated areas.

(5) A written plan for reclamation and a site plan map for the area involved shall be presented.

(6) Applicants shall complete and submit an environmental impact statement as required by the Town Board and meet all requirements of the New York State Environmental Quality Review Act (SEQR) and Chapter 79, Environmental Quality Review, of the Code.

D. Review of permit application.

(1) The engineer for the Town and Building Inspector shall be responsible for receiving and processing all permit applications for excavation and appurtenant activities and coordinating annual site inspection(s) as required. All applications for permits for excavation and appurtenant activities shall be brought to the Town Board for consideration at a public hearing. Notice of said hearing shall be given as provided in Chapter 151, Subdivision of Land; Site Plan Review, of the Town Code. Before issuance of said permit, the applicant shall pay a fee as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk.

[Amended 3-7-2002 by L.L. No. 2-2002; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the terms of such permit and all provisions of this section, the time limit of such permit may be renewed by the Town Board for a period no greater than that for which the permit was originally issued. All ordinances and regulations in effect at the time a renewal is granted shall apply to the renewal permit in the same manner as when a new or original permit is issued. Further, the applicant, six months prior to the expiration of any permit issued hereunder, shall notify the Town Clerk of the intention of renewal and proceed immediately in making the necessary renewal application.

E. Irrevocable letter of credit. After the approval of the application and before the issuance of any permit by the Building Inspector, the applicant shall furnish the Town of Walworth an irrevocable letter of credit in an amount to be approved by the engineer for the Town, which letter shall ensure that all items as may be deemed necessary are constructed in accordance with the approved plan and the standards and specifications of the Town of Walworth. Said letter of credit shall continue in full force and effect until the engineer for the Town has certified to the Town Board that all items have been completed.

F. Fee. The owner or lessee of land under excavation shall pay an excavation and topsoil removal permit fee in an amount as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk. The fee shall be paid annually from the date the permit is approved by the Town Board.

[Amended 3-4-2010 by L.L. No. 1-2010]

G. Dimensional and safeguard requirements.

(1) Permits for excavation within the geographical area outlined in the permit application shall be issued by the Building Inspector upon payment of a fee, in an amount as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk, for a three-year period, subject to site inspection and approval by the engineer for the Town every six months. Any and all costs related to said site inspections shall be charged back to the owner or lessee. Further, the applicant, six months prior to the expiration of any permit issued hereunder, shall notify the Town Clerk of the impending expiration.

[Amended 3-4-2010 by L.L. No. 1-2010]

(2) The active excavation area shall not exceed a total of 10 acres at any one time and shall be consistent with New York State Department of Environmental Conservation requirements.

(3) No excavation shall be conducted closer than 100 feet to a public right-of-way or adjoining property line excepting that grading may be conducted within such limits in order to provide adequate access to and buffer of the premises. The setback area shall not be used for any use in conjunction with the excavation and appurtenant activities except for one public notice sign for identifying use, buffer effect and those conditions stated in Subsection G(8) of this section pertaining to topsoil and subsoil preservation.

(4) All equipment, structures and other operation facilities, including sedimentation ponds, shall not be closer than 100 feet to the right-of-way of the public highway or to an adjoining property line. Screening from public view shall be provided as required by the Planning Board.

(5) Each tract of land to be granted a permit for excavation shall use only direct access to a dedicated road and have proof of legal right to that access.

(6) All access roads shall be constructed so as to screen the operation from public view.

(7) Fencing shall be required on all sides of an excavation area that is within 100 feet of a residential area, unless the depth of excavation (vertical face) is less than four feet. The fencing shall be at least five feet in height.

(8) Topsoil preservation. All topsoil and subsoil shall be stripped from the active excavation area and stockpiled and seeded for use in accordance with the restoration plan. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property.

(9) Landscaping. Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained and supplemented by selective cutting, transplanting and addition of new trees, shrubs and other ground cover for the purpose of screening and noise reduction. However, the operation can, if properly landscaped with grass, trees and shrubs, grade back overburden around the perimeter of the excavation site to create a berm for the purpose of screening and noise reduction. No berm shall be constructed within 50 feet of property boundaries. The type and design of screening shall be approved by the Planning Board.

(10) Hours of operation. The hours of operation shall be only between 7:00 a.m. and 7:00 p.m. local time. No operations will be allowed on Sundays. Loaded trucks may leave prescribed premises only after 7:30 a.m., except in the case of a public emergency.

(11) Dust and dirt control. All haul roads leading to public highways shall be dust and mud free. All precautions, such as oiling or watering daily or more frequently, if and when necessary, shall be taken to prevent dust and dirt from being blown from the premises.

(12) Drainage system. An adequate drainage system shall be provided to convey the stormwater runoff originating on and crossing the premises in accordance with the natural direction of runoff for the total watershed area. No excavation shall be allowed closer than 50 feet to a natural stream. Sediment control measures must be installed to keep all sediment damage on the applicant's property.

(13) Flood and erosion control. The applicant shall include a plan for control of soil erosion and excessive groundwater seepage to public roads, streams or adjacent property.

H. Restoration and revegetation requirements.

(1) Slope. No slope shall be left with a grade steeper than one foot on three feet; provided, however, that for quarry operations, the engineer for the Town shall certify the face of the quarry wall as safe and acceptable and may require any means necessary to reinforce unsafe faces.

(2) All debris, stumps, boulders, etc., shall be removed from the site.

(3) Timing. Restoration shall be a continuous operation, subject to field review and approval at each semiannual inspection and at the end of the permit period by the engineer for the Town. Grading of topsoil or cover material and planting of the area designated for restoration during the permit period shall have been completed before a permit renewal can be granted.

(4) Topsoil and fertilizing. Subsoil and topsoil shall be respread over the excavation area to a minimum depth of one foot six inches topsoil and six inches subsoil. Trees or shrubs shall be planted in order to provide screening and natural beauty and to reduce erosion. The planted area shall be protected from erosion during the establishment period using approved conservation practices.

(5) Property drainage, after completion of the excavation operation shall be left so as not to have a detrimental effect on adjacent or downstream properties.

(6) Within six months after termination of the excavation operation, all equipment, building, structures, etc., shall be removed from the premises.

§ 180-39 Off-street parking.

A. Minimum parking space requirements. The following parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building which, after the effective date of this chapter, is erected, enlarged or altered for use for any of the following purposes:

(1) Single-family and two-family dwellings: two for each dwelling unit.

(2) Multiple-family dwellings: 1 1/2 for each dwelling unit.

(3) Motels and hotels: 1.25 for each guest bedroom.

(4) Churches, auditoriums, theaters, funeral homes and other places of public assembly: one for each four seats at maximum capacity.

(5) Offices: one for each 200 square feet of gross floor area used for office purposes.

(6) Stores and personal service establishments: one for each 100 square feet of gross floor area used for sales.

(7) Drive-in restaurants, dairy stores and similar uses: minimum of 20 spaces.

(8) Industrial or manufacturing: one for each 500 square feet of gross floor area.

(9) Warehousing: one for each employee.

[Amended 3-4-2010 by L.L. No. 1-2010]

(10) Restaurants: one for each 60 square feet of gross floor area used for preparation and service of food and drink.

(11) Bowling alleys: 10 for each alley.

(12) Other commercial enterprises: one for each 300 square feet of gross floor area.

(13) Institutions, hospitals, nursing homes: one for each two patients or residents.

B. Design and marking. Required off-street parking areas for three or more automobiles shall have individual spaces marked and shall be so designed, maintained and regulated so that no parking or maneuvering incidental to parking shall be on any public street, walk or alley and so that any automobile may be parked and unparked without moving another.

C. Waiver/Variance. Provisions of this § 180-39 may be waived by the Planning Board during site plan, subdivision or special permit review upon a finding that the proposed requirements to be waived or varied are unnecessarily and materially excessive given the specific facts of the proposed application.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 180-40 Signs and billboards.

[Amended 8-16-2018 by L.L. No. 3-2018]

Signs shall be addressed by and subject to the regulations in Chapter 143, Signs, which is made part hereof.

§ 180-41 Mobile homes.

A. Location outside park prohibited; exceptions.

(1) No mobile home shall be parked and occupied outside of an approved mobile home park, except that temporary placement of a mobile home may be permitted by a conditional variance approved by the Zoning Board of Appeals on the same lot and adjacent to an existing residence upon the showing of an extreme hardship caused by a medical condition, age, relationship or dependency. Such conditional variance, if granted, will state a time within which the mobile home must be removed and shall impose such additional conditions as the Board of Appeals may impose giving consideration to the utilities supplied to the mobile home, ability of the lot to support the mobile home, visual appearance and, without violating any other sections of this chapter, the Chapter 151, Subdivision of Land; Site Plan Review, and the mobile home regulations as they relate to setting up a mobile home in the Town.

(2) No temporary placement of a mobile home may be made after the granting of said variance by the Zoning Board of Appeals without the owner of the residence and the mobile home having executed and recorded in the County Clerk's Office in the register of deeds an agreement incorporating the terms and conditions of such variance.

(3) Upon application for a conditional variance, the applicant is to pay to the Town a temporary use permit fee in an amount as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk.

[Amended 3-4-2010 by L.L. No. 1-2010]

B. Nonconforming mobile home not to be replaced. Any mobile home which is so situated as not to conform to the terms of this chapter shall not be replaced on its site by any other mobile home.

§ 180-42 Mobile home parks.

A. Mobile Home Park Overlay District. A mobile home park shall be a permitted use only in a Mobile Home Park Overlay Zoning District.

B. Manufactured homes also permitted. For purposes of this § 180-42 only, the term "mobile home" shall also be inclusive of "manufactured Home" so as to also permit manufactured homes within a mobile home park.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. License required for mobile home park.

(1) It shall be unlawful for any person or persons to construct or operate a mobile home park except in accordance with this chapter, including without first securing a written license from the Town Board in accordance herewith.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) The application for such annual license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by a fee computed by multiplying the maximum number of proposed units as shown in the application by the fee set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk, which fee has been and shall be determined by Town Board resolution.

[Amended 11-5-2015 by L.L. No. 5-2015]

(3) The application for a license or renewal thereof shall be made on forms prescribed by the Town and shall include the name and address of the owner in fee of the tract. (If the fee is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by him or her to construct or maintain the mobile home park shall accompany the application.) Each license or renewal thereof shall expire on the 31st day of December following the issuance thereof.

D. Application for a mobile home park license.

(1) Application and procedure for application shall be similar to that under §§ 180-53 and 180-54 for a special use permit.

(2) Any applicant for a mobile home park license shall state that he/she, as agent or owner, shall be, during the licensed period, responsible for the proper maintenance and upkeep of the proposed park.

E. Park plan.

(1) A mobile home park shall not be located on a parcel of less than 25 contiguous acres in a zone where the use is permitted. All of the improvements shall be located within the mobile home park, and no improvement, mobile home lot, office and/or service building or recreational facility shall be located within 100 feet of the front, side or rear lot lines of the property designated as a mobile home park. The one-hundred-foot buffer strip shall be planted with at least two rows of deciduous and/or evergreen trees spaced not more than 10 feet apart. The rows shall be staggered or spaced as approved by the Planning Board to provide optimum screening of the mobile home park. The trees within the one-hundred-foot buffer strip shall be at least five feet in height and shall be well maintained at all times. All trees that die or are destroyed shall promptly be replaced by trees of equal height and in no event by trees less than five feet above ground level.

(2) A mobile home park shall be located on a well-drained site served by public water, sanitary sewer and storm sewer, suitable for the purpose, adjacent to a public highway. All roads within the mobile home park will have a paved portion at least 25 feet in width constructed as required by Chapter 151, Subdivision of Land; Site Plan Review, and Construction Specifications then in effect on a right-of-way at least 50 feet in width.

(3) Each individual mobile home lot shall have an area of not less than 8,000 square feet and shall have a minimum width of 80 feet. Each corner lot within the mobile home park shall have an area of at least 10,000 square feet and a minimum width of not less than 100 feet.

(4) No mobile home or portion thereof or building or accessory structure on any mobile home lot shall be placed closer to any other mobile home or portion thereof or building or accessory structure on another mobile home lot than 30 feet. Not more than one mobile home or building and one accessory structure shall be placed on each mobile home lot.

(5) The total number of mobile home lots shall not exceed five per gross acre.

(6) In all parks accommodating or designed to accommodate five or more mobile homes, there shall be one or more recreation areas which shall be easily accessible to all park residents.

(a) The size of such recreation area shall be based upon a minimum of 200 square feet for each lot. No such recreation area shall contain less than 5,000 square feet.

(b) Recreation areas shall be so located as to be free of traffic hazards and should, where the topography permits, be centrally located. Playground equipment shall be installed in each required recreation area.

F. Additional provisions. A mobile home park shall make provision for the following:

(1) Refuse disposal.

(a) Adequate refuse receptacles of not less than 70 gallons' total capacity with tight-fitting covers shall be provided for each mobile home.

(b) These receptacles shall be kept in sanitary condition and emptied weekly by the licensee or his or her agent. Refuse receptacles shall be stored within a building or structure.

(2) Electrical distribution system. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. All power lines shall be installed underground by the utility company and/or the park owner.

(3) Storage. Space within a structure or structures, exclusive of the mobile home and the space under the mobile home, shall be provided in an amount equal to at least 100 square feet for each mobile home lot in the mobile home park. The storage structure or structures may not exceed the height of the mobile home on the lot and shall be in conformity in construction and style with the mobile home.

(4) Panels/skirting. The area beneath the main floor of each mobile home shall be completely enclosed (skirted) at all times with an opaque material similar in appearance to the material used in the mobile home, as may be approved by the Building Inspector.

(5) Maintenance. All service buildings and the grounds of this park shall be maintained in a clean, sightly condition that will not menace the health of any occupant or the public or constitute a nuisance.

(6) Registration.

(a) The licensee shall keep a record of all occupants of the park, noting the name and address of each occupant, license numbers of all units, if licensed, and state of issuance; and if not licensed, the make, size and serial number of each unit and the lot number in the mobile home park.

(b) The licensee shall keep a copy of the register available for inspection at any time by an authorized person and shall not destroy such registry without the expiration of 12 months from the date the mobile home is moved from the park.

(7) Inspection. Before any park commences operation, the Building Inspector shall make an inspection of the premises to determine that all requirements of this chapter have been complied with and shall issue a certificate of occupancy. No occupancy shall be permitted until such a certificate has been issued. Each mobile home shall be installed and tied down in accord with the requirements of the New York State Uniform Fire Prevention and Building Code, inspected and skirted prior to its use for any purpose by anyone. The cost of each inspection shall be determined from the fee schedule in existence at that time.

(8) Revocation or suspension of license. The Town Board or its representative shall have the authority to enter and inspect for health, sanitary and other provisions of this chapter any facility licensed hereunder, at any reasonable time. If, upon inspection, it is found that the licensee has violated any provision of this chapter, the Town Board shall have the power to suspend such license and order any mobile home removed or the mobile home park closed after notice and an opportunity to be heard.

(9) Parking spaces. Parking spaces shall be provided at the rate of at least two parking spaces on each mobile home lot. One of the spaces shall be either a covered carport enclosed on three sides, one side of which is the mobile home side, or a garage. The carport might serve to provide the required storage area.

(a) Auxiliary common area parking. Auxiliary parking equivalent to at least one space for each mobile home lot shall be provided within 600 feet of each mobile home lot. The auxiliary parking lot shall be surfaced with an asphalt or concrete pavement and shall be graded and drained to dispose of surface water.

(b) Restrictive parking. No campers, boats, trailers, recreational vehicles, snowmobiles or other recreational vehicle shall be permitted in the parking area provided for each individual lot for a period longer than 48 hours. No commercial vehicles over one-ton capacity shall be permitted in the individual lot's parking area at any time. All campers, boats, trailers, recreational vehicles and commercial vehicles, except as provided above, shall be parked in the common area provided for parking. No unlicensed vehicles, vehicle repairs or idling vehicles shall be permitted at any time or at any place within the mobile home park.

(c) The requirement for a covered carport or a garage shall only apply to new mobile home parks or existing mobile home parks where an expansion has not been approved as part of the original site plan.

(10) Fire hydrants. Fire hydrants shall be located every 500 feet on each street. There shall be not less than one fire hydrant in each street. The hydrants shall be installed in accord with Chapter 151, Subdivision of Land; Site Plan Review, and Construction Specifications.

(11) Monumenting. Each mobile home lot shall be appropriately monumented so that each occupant shall be able to easily ascertain the boundaries of the lot which his or her mobile home occupies.

(12) Roof elevation. Each mobile home placed on the site shall have a minimum roof elevation at least equal to a four-feet-on-twelve-feet pitch or not less than a slope of 12%.

(13) Buffer area. There shall be a landscaped buffer area 100 feet in width around the mobile home park. Such area shall be well maintained at all times.

(14) Antennas. There shall be no exterior receiving or transmitting antennas of any type in the mobile home park, except a master antenna for the mobile home park and satellite antennas, which are permitted by federal law, rules and regulations of the Federal Communications Commission or other administrative agencies.

(15) Fences, walls and hedges. Any and all fences, walls and hedges shall be approved by the Planning Board as part of an overall landscape plan for the mobile home park.

(16) Exterior lighting. Each mobile home lot shall have a uniform freestanding post light with electric eye placed on the edge of the right-of-way which shall be lighted at all times during periods of darkness. The post shall be within 25 feet of the center line of the road and six feet of the driveway on each lot. On each post light there shall be displayed, in a uniform manner, the number of each mobile home lot. Each light shall be operated so that it will provide maximum benefit for the occupants of the park but will not, because of its brightness, direction or color, interfere with the neighbor's use of his or her mobile home lot.

(17) Driveways. All driveways for the individual mobile home lots shall be surfaced with an asphalt or cement pavement so as to provide a durable and dustless surface and shall be graded and drained as to dispose of all surface water accumulated within the area.

(18) Utility or communication service. All utilities and communication lines in the mobile home park shall be installed underground in compliance with Chapter 151, Subdivision of Land; Site Plan Review, and Construction Specifications then in effect in the Town.

(19) Restrictions, regulations and requirements. All restrictions, regulations and requirements which apply in RR-1 Single-Family Residential Districts which are not modified herein shall apply. All land development regulations and Construction Specifications of the Town which are not modified herein shall apply.

(20) Setbacks. Each mobile home shall be located not less than 15 feet from the right-of-way line in front of the mobile home lot. Each mobile home, portion thereof or accessory building or structure shall be not closer than 15 feet to the front lot line, 15 feet to each side lot line and 15 feet to the rear lot line.

(21) Individual site plan. Each mobile home site shall be prepared with a concrete pad or foundation upon which the mobile home shall be located. Each concrete pad shall contain the appropriate devices as may be required for fastening the mobile home to the pad. The balance of the mobile home lot shall be a seeded lawn with appropriate landscaping.

(22) Sidewalks. Each mobile home site shall have a path or sidewalk from the mobile home entrance to the parking area. The path or sidewalk shall be well drained and paved with an impervious material. Each mobile home park will provide a system of sidewalks or paths paved with an impervious material which will afford access by the residents to the office, service, parking, recreational or other common areas, as shall be designated by the Town Planning Board.

(23) Minimum size mobile home. No mobile home shall be placed on a lot within the mobile home park containing less than 840 square feet and having a minimum width of 14 feet.

(24) Certificate of occupancy. Each mobile home placed within the park shall be required to obtain a certificate of occupancy after an inspection and payment of the appropriate fee.

(25) Placement or replacement of a mobile home in a licensed mobile home park on a mobile home stand as defined by the code, rules and regulations of the State of New York shall require a building permit issued by the Building Department of the Town accompanied by the required building permit fee for the placement and/or replacement of a mobile home within a licensed park.

§ 180-42.1 Day Care Center Overlay District.

[Added 3-20-2003 by L.L. No. 1-2003]

A. Purpose. The Town Board, in order to ensure adequate day-care services for the well-being of persons living within or in the vicinity of populated areas within the Town in districts where a day-care center is not specifically permitted, finds it is in the public interest to enact this section pursuant to provisions of the Municipal Home Rule Law and the Town Law of the State of New York to protect and promote public health, safety, convenience and the general welfare of the Town and those residing within the vicinity of the Day Care Center Overlay District as may be designated on the Zoning Map.

B. Day-Care Center Overlay District. Day-care centers shall be permitted in an RR-1 District, Single-Family Residential, and an R District, Single-Family Residential, wherein a Day Care Center Overlay District is designated on the Zoning Map, upon the issuance of a special use permit, as provided in §§ 180-53 and 180-54.

[Amended 9-6-2007 by L.L. No. 2-2007; 12-6-2007 by L.L. No. 6-2007]

§ 180-43 Nonconforming lots, buildings, structures and uses.

A. Intent.

(1) Within the districts established by this chapter, or amendments which may be hereafter adopted, there may exist lots, buildings and structures; uses of land, buildings and structures; and characteristics of uses which were lawful before this chapter was passed or amended but which would be prohibited, regulated or restricted under the terms of this chapter and amendments hereto. It is the intent of this chapter to permit these nonconformities to continue until they are terminated or removed, but not to encourage their survival, and that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the same district.

(2) Nonconforming buildings, structures and uses are declared by this chapter to be incompatible with permitted buildings, structures and uses in the districts involved. A nonconforming building or structure, a nonconforming use of a building or structure, a nonconforming use of land or a nonconforming building or structure or a nonconforming use of a building or structure and land in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(3) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption-or-amendment of this chapter and upon which actual building construction materials have been placed in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

B. Nonconforming lots of record.

(1) In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Appeals; otherwise a building permit may be issued by the Building Inspector without any review or action by the Board of Appeals.

(2) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirement established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(3) If two adjacent lots are owned by two different persons or entities [wherein the controlling principal or principals (whether owned by an individual, individuals or other entities such as corporation, limited liability company or limited partnership) of one lot are not the same controlling principal or principals of the other lot and are not related by blood or marriage to the principal or principals of the other lot] and one of the lots is conforming and the other is nonconforming, such nonconforming lot may be enlarged or increased in size which would still result in said lot being nonconforming, provided the other lot remains conforming.

[Amended 2-3-2005 by L.L. No. 2-2005]

C. Nonconforming uses of land. Where at the time of passage of this chapter a lawful use of land exists which would not be permitted by regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided that:

(1) No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

(2) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of a on or amendment of this chapter.

(3) If any such nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(4) No additional building or structure shall be erected in connection with such nonconforming use of land to extend the nonconforming use.

D. Nonconforming buildings and structures. Where an otherwise lawful building or structure exists at the effective date of adoption or amendment of this chapter which would not be permitted under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, location on the lot or other requirements concerning the building or structure, such building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No such nonconforming building or structure may be enlarged or altered in a way which increases its nonconformity, but any building or structure or portion thereof may be altered to decrease its nonconformity or to become conforming.

(2) Should such nonconforming building or structure or nonconforming portion of a building or structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3) Should any such building or structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

E. Nonconforming uses of buildings and structures or of buildings and structures and lands in combination. If a lawful use involving individual buildings or structures or of buildings or structures and lands in combination exists at the effective date of adoption or amendment of this chapter, which uses would not be permitted in a district under the terms of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1) No existing building or structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2) Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption of amendment of this chapter. No such use shall be extended to occupy any land outside such building unless the requested use to be extended outside such building is for increased parking, then, in that event, the Planning Board may allow such extended use if it finds the impact will not be detrimental to the surrounding property, and in conjunction therewith, the Planning Board may set forth reasonable conditions (as to the said extension of the use outside the building for parking purposes).

[Amended 2-3-2005 by L.L. No. 2-2005]

(3) If no structural alterations are made, any nonconforming use of a structure, or structures and premises, may, as a special use, be changed to another nonconforming use, provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

(4) Any building or structure or building or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(5) When a nonconforming use of a building or structure or building or structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the building or structure or building or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(6) Where nonconforming use status applies to a building or structure and premises in combination, removal or destruction of the building or structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of more than 50% of the replacement cost at time of destruction.

F. Repairs and maintenance.

(1) On any nonconforming building or structure or a building or structure or portion of a building or structure containing a nonconforming use, ordinary repairs and/or maintenance may be done in any period of 12 consecutive months, provided that the cubic content of the building or structure existing when it became nonconforming shall not be increased and is not in conflict with § 180-43E(6).

(2) If a nonconforming building or structure or portion of a building or structure which is nonconforming becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(3) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

§ 180-43.1 Home occupations.

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

HOME OCCUPATION, MAJOR (CATEGORY A)

(1) An occupation, business or profession, permitted herein, which is carried on wholly within a dwelling unit or in a building or other structure accessory to the dwelling unit and which is clearly secondary to the use of the dwelling unit, wherein the occupation, business or profession which is carried on within the premises:

(a) Has a potential impact on the health, safety, welfare, comfort and/or convenience of the neighborhood, Town and/or general public; and/or

(b) May have a potential impact on the character of the neighborhood, its orderly development, the orderly and/or reasonable use of the adjacent properties, the general harmony of the neighborhood in relation to its orderly development and/or in relation to the reasonable use of adjacent properties and such occupation, business or profession.

(2) The following occupations, businesses and professions shall be permitted as a "home occupation, major-category A," if the same meet all the required criteria [set forth in this definition and in § 180-43.1D(2)]:

[Amended 11-16-2000 by L.L. No. 5-2000]

(a) All home occupations permitted in "home occupation, minor" which do not qualify as home occupation, minor because:

[1] The occupation, business or profession does employ one person on the premises who does not reside on the premises;

[2] The occupation, business or profession requires more than one client, patient, student or customer on the premises at any one time; and/or

[3] The occupation, business or profession is engaged in the keeping of a stock-in-trade on the premises and is engaged in the purchase of goods for resale or sale of goods where the stock-in-trade or goods are kept or stored on the premises at any time for any length of time excepting stock-in-trade or goods which may be purchased for resale on the premises, provided that the stock-in-trade or goods are sold in conjunction with services rendered on the premises for the benefit of clients, patients, students, customers or business or professional associates.

(b) Bed-and-breakfast.

(c) Antique sales, provided that goods for sale are not visible.

(d) Florist shop.

(e) Taxidermist.

(f) [1]Firewood sale, including the cutting of firewood for sale, provided the premises contains a minimum of two acres.

[Added 3-7-2002 by L.L. No. 2-2002]

(g) Any occupation, business or profession that offers skilled services, excluding and excepting services in connection with motorized equipment and vehicles, upon the submittal of a written application and provided that the Planning Board determines the use qualifies as a home occupation, major-category A, and complies with the requirements set forth in § 180-43.1D(1)(a), (b), (c), (d), (e), (f) and (g) and any other reasonable conditions as may be established by the Planning Board.

[Added 3-4-2010 by L.L. No. 1-2010]

(3) Affirmatively, the owner or the tenant of the premises where the dwelling unit is located is required to obtain a home occupation permit (to conduct such home occupation) from the Town in compliance with § 180-43.1E(2).

(4) Upon filing an application for a home occupation, major (Category A), a permit fee shall be due as set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk, which fee has been and shall be determined by Town Board resolution.

[Added 11-5-2015 by L.L. No. 5-2015]

HOME OCCUPATION, MAJOR (CATEGORY B)

(1) An occupation, business or profession, permitted herein, which is carried on wholly within a dwelling unit or in a building or other structure accessory to the dwelling unit on a premises that is at a minimum five acres of contiguous land and which said occupation, business or profession is clearly secondary to the use of the dwelling unit, wherein said occupation, business or profession which is carried on within the premises:

[Amended 11-16-2000 by L.L. No. 5-2000]

(a) May have a potential impact on the health, safety, welfare, comfort or convenience of the neighborhood and/or Town; and/or

(b) May have a potential impact on the character of the neighborhood, its orderly development, the orderly and/or reasonable use of adjacent properties, the general harmony of the neighborhood in relation to its orderly development and/or in relation to the reasonable use of adjacent properties and such occupation, business or profession; and

(c) Is not engaged in the keeping of a stock-in-trade on the premises and is not engaged in the purchase of goods for resale or sale of goods where the stock-in-trade or goods are kept or stored on the premises at any time for any length of time except a tack shop associated with horse boarding.

(d) Does not employ more than one person on the premises who does not reside on the premises; and

(e) May require exterior storage of goods, materials, equipment or inventory.

(2) The following occupations, businesses and professions shall be permitted as a home occupation, major-category B, if the same meet all the required criteria [set forth in this definition and in § 180-43.1E(2)]:

(a) Professional craftsman (such as electrical, plumbing, heating, ventilation and air-conditioning contractors).

(b) Landscaper.

(c) Farrier.

(d) Dog kennel.

(e) Horse boarding, provided the business is carried on in a building or other structure accessory to the dwelling unit on the premises that is at a minimum five acres of contiguous land. Horse manure is to be disposed of off premises if the premises on which the horses are boarded is 10 acres or less or if horse manure is to be stored within 100 feet of the property line.

[Amended 4-5-2001 by L.L. No. 2-2001; 3-7-2002 by L.L. No. 2-2002]

(f) Tack shop associated with horse boarding.

(g) Any occupation, business or profession that offers skilled services, excluding and excepting services in connection with motorized equipment and vehicles, upon the submittal of a written application and provided that the Planning Board determines the use qualifies as a home occupation, major-category B, and complies with the requirements set forth in § 180-43.1D(1)(a), (b), (c), (d), (e), (f) and (g) and any other reasonable conditions as may be established by the Planning Board.

[Added 3-4-2010 by L.L. No. 1-2010]

(3) Affirmatively, the owner or the tenant of the premises where the dwelling unit is located is required to obtain a home occupation permit (to conduct such home occupation) from the Town in compliance with § 180-43.1D(2).

[Amended 11-16-2000 by L.L. No. 5-2000]

(4) Upon filing an application for a home occupation, major (Category B), a permit fee shall be due as set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk, which fee has been and shall be determined by Town Board resolution.

[Added 11-5-2015 by L.L. No. 5-2015]

HOME OCCUPATION, MINOR

(1) An occupation, business or profession, permitted herein, which is carried on wholly within a dwelling unit or in a building or other structure accessory to a dwelling unit and which is clearly secondary to the use of the dwelling and which:

(a) Involves no persons other than persons residing on the premises.

(b) Shows no visible evidence from the exterior of the dwelling unit or the building or other structure accessory to the dwelling unit of the conduct of the occupation, business or profession and is not advertised by a sign over two square feet in area and which otherwise complies with the Sign Law at Chapter 143.

[Amended 8-16-2018 by L.L. No. 3-2018]

(c) Generates no additional traffic nor the need for off-street parking beyond customary needs of the occupants of the dwelling unit.

(d) Is not involved in the keeping of a stock-in-trade on the premises and is not engaged in the purchase of goods for resale or sale of goods where the stock-in-trade or goods are kept or stored on the premises at any time for any length of time except stock-in-trade or goods which may be purchased for resale on the premises, provided that the stock-in-trade or goods are sold in conjunction with services rendered on the premises for the benefit of clients, patients, students, customers or business or professional associates.

(e) Is conducted in such a manner that the occupation, business or profession does not serve at any one time more than one client, patient, student, customer or business or professional associate on the premises. One client, patient, student, customer or business or professional associate be defined as one individual or husband and wife in cases where a husband and wife are served on the premises or brothers and sisters in cases where siblings are served on the premises.

(2) The following occupations, business and professions shall be permitted home occupations, minor, if the same meet all the required criteria (set forth in this definition and in § 180-43.1D):

[Amended 11-16-2000 by L.L. No. 5-2000; 4-5-2001 by L.L. No. 2-2001; 3-7-2002 by L.L. No. 2-2002]

(a) Physician.

(b) Attorney-at-law.

(c) Dentist.

(d) Dancing or music teacher.

(e) Dressmaker or milliner or seamstress.

(f) Cosmetologist or hairdresser or barber.

(g) Real estate broker or real estate appraiser or insurance appraiser.

(h) Salesperson.

(i) Animal groomer.

(j) Television, computer and small appliance repair shop.

(k) Bakery or caterer.

(l) Professional craftsman (such as furniture maker) or artisan.

(m) Tax preparers.

(n) Tutor.

(o) Typist.

(p) Clock repair person.

(q) Architect or engineer or surveyor.

(r) Snow plow or lawn mowing contractor, provided that no equipment is parked on the premises except for one pickup truck with attached plow or a flat bed trailer to store lawn mowing equipment.

(s) Any occupation, business or profession that offers skilled services, excluding and excepting services in connection with motorized equipment and vehicles, upon the submittal of a written application and provided that the Planning Board determines the use qualifies as a home occupation, minor, and complies with the requirements set forth in § 180-43.1D(1)(a), (b), (c), (d), (e), (f) and (g) and any other reasonable conditions as may be established by the Planning Board.

[Amended 3-4-2010 by L.L. No. 1-2010]

(t) Home day care.

(3) Upon filing an application for a home occupation, minor, a permit fee shall be due as set forth at the Town of Walworth Fee Schedule on file with the Walworth Town Clerk, which fee has been and shall be determined by Town Board resolution.

[Added 11-5-2015 by L.L. No. 5-2015]

[1] Editor's Note: Former Subsection (2)(f), regarding horse boarding, was repealed 4-5-2001 by L.L. No. 2-2001.

B. Intent. It is the intent of this chapter to allow a variety of business pursuits as permitted uses in residential districts while recognizing the substantial governmental goal of preserving and maintaining the residential atmosphere, appearance and character of residential districts. It must be recognized that, while business pursuits are allowed under the conditions provided in this chapter, its primary purpose is to preserve and maintain the residential atmosphere, appearance and character of residential districts. It is the intent that business be always second, subordinate and incidental to the principal residential use and that it will not harm other residential users of the property or premises. Under no circumstances should business use become so extensive that it predominates the residential use. It is the further intent of this chapter to set forth general and specific performance standards and controls to limit home occupations. These standards and controls have as their purpose the minimization of adverse impacts a home occupation might have on a neighborhood or district and to assure that it does not become the predominate use of the property.

C. Types of home occupations. Types of home occupations shall be as follows:

[Amended 3-4-2010 by L.L. No. 1-2010]

(1) Home occupation, minor, permitted in RR-1 and R Districts.

(2) Home occupation, major-category A, permitted in RR-1 and R Districts.

(3) Home occupation, major-category B, permitted in RR-1 and R Districts.

D. Requirements.

(1) Home occupation, minor. The owner or tenant of a dwelling unit in which such a home occupation, minor is proposed shall register with the Town by filing an affidavit with the Town Clerk setting forth under oath that he/she is the owner or tenant and, if a tenant, that the landlord has consented to the application and a copy of the written consent of the landlord is to be referred to in the affidavit and attached to the affidavit; that the applicant will comply with any federal or state law or regulation requiring the applicant to obtain a federal or state permit, if the same is required by reason of the proposed home occupation, and the applicant will not commence the home occupation until the required permit is obtained and that his/her proposed home occupation complies with the requirements set forth in the definition of home occupation, minor, namely, that within the dwelling unit or within a structure accessory to the dwelling unit, he/she proposes to conduct a use which is clearly secondary to the use of the dwelling and which proposed use:

(a) Involves no person other than persons residing on the premises.

(b) Shows no visible evidence from the exterior of the dwelling unit or the building or other structure accessory to the dwelling unit of the conduct of the occupation.

(c) Generates no additional traffic nor the need for off-street parking beyond customary needs of the occupants of the dwelling.

(d) The application indicates that the home occupation is not advertised by a sign over six square feet in area and not more than six feet above grade or ground level, which otherwise complies with the Sign Law at Chapter 143.

[Amended 3-4-2010 by L.L. No. 1-2010; 8-16-2018 by L.L. No. 3-2018]

(e) Is conducted entirely inside the principal dwelling unit or other building or structure on the premises accessory to the dwelling unit.

(f) The occupation, business or profession is not engaged in the keeping of a stock-in-trade on the premises and is not engaged in the purchase of goods for resale or sale of goods where the stock-in-trade or goods are kept or stored on the premises at any time for any length of time.

(g) Is conducted in such a manner that the occupation, business or profession does not require more than one client, patient, student, customer or business or professional associate on the premises at any one time. One client, patient, student, customer or business or professional associate shall be defined as one individual or husband and wife in cases where a husband and wife are served on the premises or brothers and sisters in cases where siblings are served on the premises.

(2) Home occupation, major-category A and home occupation, major-category B. The owner or tenant of a dwelling unit in which such a home occupation, major-category A or home occupation, major-category B is proposed shall apply on a form provided by the Building Inspector for a home occupation permit. The application shall be accompanied by a complete plan, drawn to scale, showing the location of all buildings or structures on the premises and the area where the proposed home occupation, business or profession will be carried out; if the applicant is a tenant, written consent of the landlord to make the application and an application fee in an amount established by resolution of the Town Board. The applicant must also supply an affidavit along with his/her application setting forth that the applicant will comply with any federal or state law or regulation requiring the applicant to obtain a federal or state permit, if the same is required by reason of the proposed home occupation, and that the applicant will not commence the home occupation until the required permit is obtained. The home occupation permit applicant may request, in writing, at any time that his or her application be added to the agenda of a regularly scheduled Planning Board meeting and his or her application shall be so added, provided that the request is submitted at least 12 days prior to the next regularly scheduled Planning Board meeting. Upon the submission of the application and the payment of the application fee, the Clerk of the Planning Board shall cause a notice of hearing to be published at least five days prior to the date of the public hearing. After the public hearing, the home occupation permit shall not be granted by the Planning Board unless the application meets the following standards and criteria:

(a) The property is in full compliance with the provisions of Chapter 180 of the Municipal Code of the Town.

(b) The occupational use is incidental, secondary and/or subordinate to the use of the dwelling unit for residential purposes.

(c) No other home occupation, major-category A, or home occupation, major-category B, is conducted on the premises, except more than one home occupation permit may be issued if the applicant can demonstrate to the satisfaction of the Planning Board that the cumulative effect of more than one home occupation, major-category A, or home occupation, major-category B, will not be more detrimental to the public health, safety, welfare, comfort and/or convenience of the neighborhood, Town and/or general public and will not have any greater potential impact on the character of the neighborhood, its orderly development, the orderly and/or reasonable use of the adjacent properties, the general harmony of the neighborhood in relation to its orderly development and/or in relation to the reasonable use of adjacent properties and such occupation, business or profession than the home occupation, major-category A, or home occupation, major-category B, then being conducted on the premises or if more than one home occupation, major-category A, or home occupation, major-category B, permit is being applied for, that all the home occupations being applied for will not have more of a detrimental effect than any one home occupation being applied and that in every instance where an application is made for more one home occupation permit the intent of § 180-43.1 as set forth in § 180-43.1B will not be nullified by allowing more than one home occupation (home occupation, major-category A, and/or home occupation, major-category B).

[Amended 11-16-2000 by L.L. No. 5-2000]

(d) Complies with the criteria established for the home occupation category (home occupation, major-category A or home occupation, major-category B) as set forth in the definitions in § 180-43.1A.

(e) The application indicates that the home occupation is not advertised by a sign over six square feet in area and not more than six feet above grade or ground level, which otherwise complies with the Sign Law at Chapter 143.

[Amended 3-4-2010 by L.L. No. 1-2010; 8-16-2018 by L.L. No. 3-2018]

(f) The occupation, business or profession does not employ more than one person on the premises who does not reside on the premises.

(g) The occupation, business or profession pursuant to an application for a home occupation permit under home occupation, major-category B shall only be granted if the occupation or profession:

[1] Is not involved in the keeping of a stock-in-trade on the premises and is not engaged in the purchase of goods for resale or sale of goods where the stock-in-trade or goods are kept or stored on the premises, at any time for any length of time.

[2] Does not employ more than one person on the premises who does not reside on the premises.

[3] In carrying out its business, stores all goods, materials, equipment and inventory, including vehicles, inside the house or an accessory building except where this is impractical or the applicant is unable to provide such storage, mitigation of impact on the surrounding residential neighborhoods shall be required.

(h) The proposed occupational use generates a minimal need for off-street parking, and any necessary additional off-street parking must be provided without changing the residential character of the neighborhood.

(i) The Fire Marshal or Building Inspector shall certify that the structure or structures are safe for the proposed use of the property.

(3) The findings and decision of the Planning Board shall be in writing and filed in the office of the Town Clerk.

E. Conditions.

(1) The Planning Board shall, in granting such home occupation permit, impose such conditions and safeguards as it may deem appropriate, necessary and desirable to preserve and protect the spirit and objective of this chapter, the Comprehensive Plan of the Town, the Town's principals of land use and development as set forth in this chapter and to ensure the criteria represented in the applicant's application is implemented and to protect the health, safety welfare, comfort and/or convenience of the neighborhood, the Town and/or the general public, and to protect the character of the neighborhood, its orderly development and the orderly and/or reasonable use of the adjacent properties, the general harmony of the neighborhood in relation to its orderly development and/or in relation to the reasonable use of adjacent properties and such occupation, business or profession.

(2) In granting a home occupation permit for a home occupation, major-category A, the Planning Board may impose conditions, including but not limited to the following conditions:

(a) Screening and buffer areas to be constructed in a location according to the specifications as determined by the Planning Board.

(b) Off-street parking area to be established in locations and for the number of vehicles as may be determined by the Planning Board.

(c) Noise, fumes, vibrations and/or flashing lights shall be mitigated or limited in the manner prescribed by the Planning Board.

(d) The hours of operation of the permitted home occupation may be determined by the Planning Board.

(e) In regard to any landscaping requirement, the Planning Board shall be guided by the landscape requirement in a B Zoning District as provided in § 180-14E(5).

[Amended 11-16-2000 by L.L. No. 5-2000; 3-4-2010 by L.L. No. 1-2010]

(3) In granting a home occupation permit for home occupation, major-category B, the Planning Board must impose as a condition the establishment of screening and buffer areas to be located and to be constructed according to specifications which the Planning Board may deem appropriate for the home occupation, except if the Planning Board finds that appropriate screening and buffer areas are in existence, then in that event the Planning Board may impose as a condition said screening and buffer areas shall continue as they then exist. In granting a home occupation permit, the Planning Board shall also impose such conditions and safeguards as it may deem appropriate, necessary and desirable to preserve and protect the spirit and objective of this chapter, the Comprehensive Plan of the Town, the Town's principals of land use and development as set forth in this chapter and to ensure the criteria represented in the applicant's application is implemented and to protect the health, safety, welfare, comfort and/or convenience of the neighborhood, the Town and/or the general public and to protect the character of the neighborhood, its orderly development and the orderly and/or reasonable use of adjacent property, the general harmony of the neighborhood in relation to its orderly development and/or in relation to the reasonable use of adjacent properties and such occupation, business or profession, including but not limited to the following conditions:

(a) Off-street parking area to be established in locations and for the number of vehicles as may be determined by the Planning Board.

(b) Noise, fumes, vibrations and/or flashing lights shall be mitigated or limited in the manner prescribed by the Planning Board.

(c) The hours of operation of the permitted home occupation may be determined by the Planning Board.

(d) In regard to any landscaping requirement, the Planning Board shall be guided by the landscape requirement in a B Zoning District as provided in § 180-14E(5).

[Amended 3-4-2010 by L.L. No. 1-2010]

F. Certificate of compliance.

(1) Commencing the second January 2 subsequent to registering a home occupation, minor affidavit and/or the Planning Board granting a major-category A and/or major-category B permit and every other year thereafter on January 2 (meaning every second January 2 after the next succeeding January 2 following the legal effective date of a permitted home occupation) while the permit is in effect, the registrant or permittee, within 30 days of the required registration date, shall certify under oath to the Town in the form of an affidavit that the registrant or permittee is in compliance with all the requirements permitting the home occupation and/or the terms and conditions of the home occupation permit.

(2) All home occupation, minor registrants registered with the Town pursuant to § 180-43.1, and all major-category A and/or major-category B permittees issued a permit by the Planning Board prior to the effective date of this law shall certify under oath to the Town in the form of an affidavit within 30 days of January 2, 2002, and within 30 days of January 2 each and every other year thereafter (January 2, 2004; January 2, 2006, etc.) that the registrant or permittee is in compliance with all requirements permitting the home occupation and/or the terms and conditions of the home occupation permit.

(3) No fee shall be required to file the affidavit certifying compliance.

G. Revocation of home occupation, minor, qualification, registration and/or status to conduct a home occupation, minor, revocation of home occupation major-category A and home occupation major-category B permits.

(1) Grounds for revocation. Revocation of the right to conduct a home occupation, minor use shall occur upon the occurrence of any of the following events [after the revocation procedure as set forth in § 180-43.1G(3)]:

[Amended 11-16-2000 by L.L. No. 5-2000]

(a) The violation of any conditions established by the Planning Board to qualify the use as a home occupation, minor, as provided in § 180-43.1A, entitled "Definitions," home occupation, minor, Subsection (2)(s) which shall continue for a period of 30 days after the sending of written notice of the violation of the condition to the person or persons registering the home occupation, minor.

(b) The violation of or failure to comply with the requirements set forth in § 180-43.1D(1)(a), (b), (c), (d), (e), (f) and (g) as pertains to home occupation, minor and § 180-43.1D(2)(a), (b), (c), (d), (e), (f), (g), (h) and (i) as pertains to home occupation, major-category A and home occupation, major-category B.

(c) There is a substantial change in the nature of the occupation business or profession carried out on the premises.

(d) The home occupation is not commenced within 12 months of the completion of the registration requirements as set forth in § 180-43.1D(1) except in regard to applications granted pursuant to § 180-43.1A entitled "Definitions," home occupation, minor, Subsection (2)(s), the revocation of home occupation, minor qualification, registration and/or status to conduct a home occupation, minor shall occur if the home occupation use is not commenced within 12 months from the date of the Planning Board determining that the proposed home occupation qualifies as a home occupation, minor.

(e) The home occupation ceases or is discontinued for a period of six months for any reason except the six-month period shall be tolled for up to one continuous year if the home occupation ceases because the person or persons registering the home occupation, minor use is called for military service, suffers from physical, mental or emotional illness or the use is a seasonal business.

(f) The persons registering the home occupation, minor no longer reside on the premises.

(2) Grounds for revocation. Home occupation, major-category A and home occupation, major-category B permit shall be deemed revoked upon the occurrence of any of the following events [after the revocation procedure set forth in § 180-43.1G(3)]:

[Amended 11-16-2000 by L.L. No. 5-2000]

(a) A subsequent home occupation, major-category A or home occupation, major-category B permit is issued pertaining to the premises unless the Planning Board has permitted a subsequent permit pursuant to § 180-43.1D(2)(c).

(b) There is a substantial change in the nature of the occupation, business or profession carried out on the premises.

(c) The home occupation is not commenced within 12 months from the date of the issuance of the home occupation permit, unless, prior to that time, an extension has been granted by the Planning Board.

(d) The home occupation ceases or is discontinued for a period of six months for any reason, except the six-month period shall be tolled for up to one continuous year if the home occupation ceases because the permittee is called for military duty, suffers from physical, mental or emotional illness or the use is a seasonal business.

(e) The person(s) carrying on the home occupation (the permittee) no longer resides on the premises.

(f) Failure to file a compliance certification as required by § 180-43.1F.

(g) A violation of any of the terms and conditions of the home occupation permit, including any of the requirements set forth in § 180-43.1D(2)(a), (b), (c), (d), (e), (f), (g), (h) and (i), which shall continue for a period of 30 days after the sending of written notice to the permittee of the violation of the conditions.

(3) Revocation procedure. Upon occurrence of any of the grounds for revocation of the right to conduct a home occupation, minor use as set forth in § 180-43.1G(1)(a), (b), (c), (d), (e) and (f) or upon the occurrence of the grounds for revocation of a home occupation, major-category A and/or home occupation, major-category B permit as set forth in § 180-43.1G(2)(a), (b), (c), (d), (e), (f) and (g), the Planning Board or its designee shall, in the case of a home occupation, minor, in writing, notify the person or persons who are conducting the home occupation, minor use to show cause at the next public meeting of the Planning Board why the right to conduct a home occupation, minor use should not be revoked, and in the case of a home occupation, major-category A and home occupation, major-category B, the Planning Board or its designee shall, in writing, notify the permittee to show cause at the next public meeting of the Planning Board why the permittee's permit should not be revoked. If the Planning Board determines, after hearing the evidence presented, in the case of a home occupation, minor, that any of the grounds for revocation of the right to conduct a home occupation, minor use as set forth in § 180-43.1G(1)(a), (b), (c), (d), (e) and (f) have in fact occurred or in the case of a home occupation, major-category A and/or home occupation, major-category B, if the Planning Board determines after hearing the evidence presented that any grounds for revocation of the home occupation permit as set forth in § 180-43.1G(2)(a), (b), (c), (d), (e), (f) and (g) have in fact occurred, then the Planning Board shall revoke the right to conduct a home occupation, minor use or revoke the home occupation, major-category A and/or home occupation, major-category B permit as the case may be.

[Amended 11-16-2000 by L.L. No. 5-2000]

H. Inspections. The Fire Marshal and/or the Building Inspector of the Town shall have a right to conduct inspections of all premises for which home occupation, major-category A or home occupation, major-category B permits have been issued for compliance with the New York State Uniform Fire Prevention and Building Code and the provisions of the Municipal Code of the Town. Such inspections shall be made at any reasonable time.

§ 180-43.2 Driveway design requirements.

No driveway in any zoning district intersecting with a Town arterial, collector, local or dead-end street shall be constructed, erected, altered, moved or reconstructed:

A. Where an application for subdivision plat plan approval has been made to the Planning Board or where an application for waiver of normal subdivision procedure has been made to the Planning Board unless a plan of the driveway in accordance with the design standards as set forth in § 151-34E is submitted to and approved by the Superintendent of Highways and the engineer for the Town if his or her approval is requested by the Superintendent of Highways. A note shall be placed on the subdivision map setting forth that plans of the driveway must be approved by the Superintendent of Highways and the engineer for the Town. If an applicant submits an application to subdivide land but does not desire, at the time of the application, to build any structures on the land, the location of all permissible driveway locations must be designated on the map and said locations approved by the Superintendent of Highways. In such instance, no driveway can be constructed intersecting a Town arterial, collector, local or no-outlet street unless a plan of the driveway in accordance with the design standards as set forth in § 151-34E is submitted for approval by the Superintendent of Highways and the engineer for the Town.

B. Where an application for normal or formal site plan approval has been made to the Planning Board unless a plan of the driveway in accordance with the Design Standards as set forth in § 151-34E is submitted to and approved by the Planning Board, Superintendent of Highways and the engineer for the Town.

C. Where an application for a one-lot, one-parcel, one-plot of one-site residential site plan approval, pursuant to § 151-18, has been made unless a plan of the driveway in accordance with the design standards as set forth in § 151-34E is submitted to and approved by the Superintendent of Highways and the engineer for the Town, and either feels it is appropriate to refer the site plan applicant to the Planning Board for site plan review and approval; then approval must be granted by the Planning Board.

D. Where no application has been made to the Planning Board as set forth in Subsections A, B, C and D herein unless a plan of the driveway in accordance with the design standards as set forth in § 151-34E is submitted to and approved by the Superintendent of Highways and the engineer for the Town.

§ 180-43.3 Work within highway right-of-way.

A. No open cut shall be made in a Town road unless the person or entity desiring to make such an open cut in a Town road makes application to the Superintendent of Highways for a road cut permit which shall require the applicant to perform all work in connection with the road cut according to the Town Code and to the satisfaction of the Superintendent of Highways. The permit shall set forth the date when the work is to be completed. The applicant, upon applying for the permit, shall make a minimum cash deposit in an amount which shall be determined from time to time by resolution of the Town Board plus an additional amount of cash, exceeding the minimum cash deposit, as may be established by the Superintendent of Highways to ensure that there will be sufficient moneys available to reimburse the Town for the cost of repairing the road in the event that the applicant does not return the road to its pre-road-cut condition before the completion date. If the applicant, subsequent to making the road cut, restores the road to its pre-road-cut condition prior to the completion date, then the deposit shall be refunded to the applicant; however, if the applicant does not return the road to its pre-road-cut condition prior to the completion date, then in that event, the Superintendent of Highways shall have a right to make all necessary repairs to the road to return it to its pre-road-cut condition and to deduct from the cash deposit the cost to the Town to restore the road.

B. Any utility companies who desire to perform customary service and maintenance work (i.e., service connections, repair utilities) within the Town's right-of-way, wherein a Town road is located, shall first, within two days of performing any work, file with the Superintendent of Highways a notification form to be supplied by the Superintendent of Highways, and, if any utility company fails to file such form, the utility will not have the consent of the Town to work in its right-of-way and will be trespassing on the Town's property. In the event that such failure by a utility company to file notification form set forth in this subdivision, the Superintendent of Highways shall have the right to issue a stop-work order or exercise any other remedy he or she is entitled to exercise pursuant to law.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. No utility (cable or piping) may be installed within the Town's right-of-way on which a Town road has been constructed unless engineer drawings are first submitted to the Superintendent of Highways and the engineer for the Town for approval along with a timetable for completion, and a sum of money equivalent to $1 per linear foot of excavation shall be submitted to the Superintendent of Highways as a deposit to be applied against any damage to the highway shoulder, roadside, ditch or any other part of the Town's right-of-way in the event that repairs are not made by the person or entity installing the utility, within a reasonable period of time so the right-of-way is returned to its pre-utility-installation condition. If the person or entity installing the utility, within reasonable time after installation, returns the premises within the right-of-way to its pre-utility-installation condition, then in that event the refundable deposit will be refunded. However, in the event that the premises within the right-of-way is not returned to its pre-utility-installation condition within a reasonable period of time after completion, the Town shall have a right to perform the work necessary to restore the premises within the right-of-way and pursue any action, after applying the deposit to its cost of restoration, to obtain a money judgment against the person or entity responsible for installing the utility for its costs incurred in the restoration.

§ 180-43.4 Telecommunication towers.

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

ACCESSORY FACILITY

An accessory facility serves the principal use, is subordinate in area, extent and purpose to the principal use, and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.

ANTENNA

A system of electrical conductors that transmit or receive radio, frequency waves.

TELECOMMUNICATIONS SPECIAL USE

A use which is deemed allowable within a given zoning district but which is potentially incompatible with other uses and, therefore. is subject to special standards and conditions set forth for such use subject to approval by the Planning Board.

TELECOMMUNICATIONS TOWER

A structure on which transmitting and/or receiving antennas are located (including existing buildings and water tanks) and which transmits and receives personal wireless service communication transmissions under the 1996 United States Telecommunications Law and commercial radio and television towers. Examples of such wireless service communication transmissions are cellular radiotelephone, personal communications, specialized mobile radios (SMR) and commercial paging transmissions.

B. Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and aesthetic character of the Town.

C. Application of telecommunication special use regulations.

(1) No telecommunication tower shall hereafter be used, erected, moved, constructed, reconstructed, changed or altered except after approval of a telecommunication special use permit in conformity with these regulations. No structure shall be modified to serve as a telecommunication tower or to serve a telecommunication tower unless in conformity with these regulations. No antenna shall be constructed on an existing telecommunication tower wherein the carrier intends to share the use of the tower with another carrier unless the carrier desiring to share the use of the existing tower applies for and obtains a telecommunication special use permit from the Town in conformity with § 180-43.4.

(2) The regulations set forth in § 180-43.4 shall apply to all property within all zoning districts in the Town and all telecommunication towers and accessory facilities or structures shall be sited to have the least practical adverse effect on the environment.

(3) Where the provisions of § 180-43.4 conflict with other laws and regulations of the Town, the more restrictive shall apply, except when the application of other laws and regulations of the Town are preempted by the 1996 United States Telecommunications Law or other telecommunications acts or regulations.

(4) The standards set forth in § 180-54 shall not apply to telecommunication special use permits by reason of the constraints under the 1996 United States Telecommunications Law, and the only standards which shall be applied to a telecommunication special use permit shall be those as set forth in § 180-43.4.

D. Special use standards.

(1) Site plan.

(a) An applicant shall be required to submit a site plan as described in and in compliance with §§ 151-15 and 151-16. The site plan shall show all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads.

(b) The site plan and special use permit application shall set forth the following information and documents:

[1] Documentation on the proposed intent and capacity of use.

[2] Adequate and appropriate information concerning the location, size and height of the proposed tower structure, including the number and design of the antennas proposed.

[3] Documentation showing justification for any land or vegetation clearing required.

[4] A certification from a professional engineer licensed by the State of New York certifying that the proposed tower structure, at a minimum, meets all applicable federal and state safety codes and all accepted industry standards for tower design, and, in connection therewith, the facility meets or exceeds structural requirements for loads, winds, ice and, if appropriate, is designed to accommodate shared use (co-location) and/or co-sitings.

[5] A description of all proposed auxiliary fixtures, equipment and structures, including information on grade, material, color and lighting.

[6] The specifics with regard to technology and technical characteristics of the proposed equipment, including information concerning frequency, transmission and maximum effective radiated power and direction lobes. The applicant shall also provide a report and certification from a radio frequency engineer (RF Engineer) showing that the proposed telecommunication tower, when operational, will comply with the standards for radio frequency exposure, including NIER levels as adopted by the Federal Communication Commission.

[Amended 12-18-2003 by L.L. No. 6-2003]

[7] A description of the basis for calculating capacity and design elements together with the applicants proposed tower maintenance and inspection procedures and records system.

[8] A propagation study showing the particular site subject to the application and justifying the proposed height of the telecommunication tower to be constructed on the site, and said propagation study shall show alternative sites utilizing towers of lesser height.

[9] A completed environmental assessment form (form to be provided by the Town), which shall include a visual environmental assessment.

[10] A detailed visual analysis based upon the results of the Visual Environmental Assessment from view points within and outside of the municipality as requested by the Building Inspector or Planning Board, a zone of visibility map from viewpoints suggested by the Building Inspector, a pictorial representation of before and after views from key viewpoints both inside and outside the Town selected by the Building Inspector or Planning Board and an assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting properties and streets.

[11] A landscaping plan that includes screening of the tower base and structures in compliance with the standards set forth herein.

[12] Certification by a professional engineer licensed by the State of New York certifying the adequacy of grounding facilities.

[13] A grid or map of all of the applicant's existing telecommunication tower sites within the Town and within four miles of the Town's corporate boundaries outside the Town with a designation of site areas proposed or projected by the applicant and the height of the towers proposed or projected for installation within two years of the date of the application and, if available, any plan of installations beyond two years.

[14] Certification from a professional engineer licensed by the State of New York that the proposed antenna(s) will not cause interference with existing telecommunication devices.

[15] A copy of the applicant's Federal Communications Commission license.

(2) Permitted uses.

(a) Telecommunication towers and accessory facilities shall be, in order to comply with the 1996 United States Telecommunications Law, a permitted use in all zoning districts; however, it is the Town's preference that the telecommunication towers and accessory facilities be without preference to any zoning district:

[1] Co-located on existing telecommunication towers.

[2] Co-sited with existing telecommunication towers.

[3] Sited on compatible municipal or public properties.

[4] Sited on other quasi-public property owned by public benefit corporations or public utilities.

(b) If site locations are not technologically feasible or available at sites set forth in Subsection D(2)(a)[1] through [4] above, then it is the Town's preference that telecommunication towers and/or accessory buildings which do not transmit or receive commercial radio or television signals be located in the zoning districts in the following descending order (first preference being [1] below, second preference being [2] below, third preference being [3] below, etc.). It is intended that the word "preference" as used herein shall mean that the applicant applying for a telecommunication special use permit shall be required to site its telecommunication tower and/or accessory buildings, which do not transmit or receive commercial radio or television signals at or in the preferred location or zoning district unless the applicant can show it is not technologically feasible to do so or, in the case of a specific site, the site is not available.

[1] I Districts: General Industrial.

[2] B Districts: General Business/Professional Office/Office Research Park/High-Density Residential.

[Amended 3-4-2010 by L.L. No. 1-2010[1]; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1] Editor's Note: This local law combined former Subsections D(2)(b)[2] and [3] from separate listings for B-1 and B-2 Districts into one B District entry,

[3] Hamlet Districts: Multifamily/ Neighborhood Business.

[4] PD Districts.

[5] RR-1 Districts: Single-Family Residential.

[Amended 3-4-2010 by L.L. No. 1-2010[2]]

[2] Editor's Note: This local law also deleted former Subsection D(2)(b)[7], R-2 Districts: Single-Family Residential.

[6] R Districts: Single-Family Residential.

(c) Those telecommunications towers which are for the reception or transmittal of commercial radio and/or television signals, transmissions or communications shall be permitted only in an RR-1 Zoning District.

(3) Shared use (co-location) and co-siting.

(a) At all times, shared use (co-location) of existing telecommunication towers or co-siting an additional telecommunication tower at an existing telecommunication site shall be preferred to construction of new telecommunication towers at different sites. Additionally, where such shared use (co-location) or co-siting is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use (co-location) or co-siting at existing facilities and use of other preexisting structures as an alternative to a new construction or the creation of a new facility.

(b) An applicant intending to share use (co-locate) on an existing structure shall be required to document intent from an existing tower to share use (co-locate). The applicant or owner of the tower shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other charges, including real property acquisition or lease required to accommodate shared use (co-location). The Town shall not be responsible to incur any costs whatsoever of adapting an existing tower or structure to a new shared use.

(c) An applicant intending to co-site a telecommunication tower on the property occupied by an existing telecommunication tower shall comply with § 180-43.4 and all the telecommunication special use standards in the same manner as if the applicant were constructing a telecommunication tower at a new location, except the applicant shall not be required to post performance security in the form of a letter of credit filed with the Town Board as required by § 180-43.4D(11).

[Amended 3-7-2002 by L.L. No. 2-2002]

(d) In the case of new telecommunication towers, the applicant shall be required to submit documentation demonstrating good faith efforts to secure shared use (co-location) from existing towers in locations technically feasible as well as documenting capacity for future shared use (co-location) of the proposed tower. Written requests and responses, if received, for shared use (co-location) shall be provided. All new telecommunication towers shall be engineered to accommodate shared use (co-location) with one or two other carriers as may be determined by the Planning Board.

(4) Setbacks. Towers and antennas as a minimum shall comply with existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to contain on site substantially all ice-fall or debris from tower failure and/or to preserve privacy and/or aesthetics of adjoining properties or property within the neighborhood, and such setbacks shall be otherwise keyed to design of towers and engineering information available. Setbacks shall apply to all tower parts, including guy wire anchors and to any accessory facilities.

(5) Visual impacts.

(a) All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. The applicant shall submit plans for adequate visibility of any guy wires from ground level to a height not less than eight feet, if the tower requires guy wires.

(b) Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA) or as provided by this section or as may be required by the Planning Board. Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green or black below the surrounding treeline unless other standards are required by the FAA. In all cases, freestanding structures shall be preferable to guyed towers. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

(c) Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

(6) Tower height. The tower height shall be determined by the Planning Board upon the applicant's submittal of a propagation study as required in Subsection D(1)(b)[9] of this section or other proof justifying the height of any telecommunication tower and/or antennas. The Town generally prefers telecommunication towers of a height that will not require strobe lighting and/or specific painting as required by FAA rules and regulations; however, in instances where additional but shorter towers (those that will not require strobe lighting and/or specific painting) are not in the best interest of the Town as determined by the Planning Board or where a taller tower (that will require strobe lighting and/or specific painting) is the only feasible tower that can be constructed as part of the applicant's telecommunication system, then, in that event, the Planning Board shall approve a taller tower (that will require strobe lighting and/or specific painting).

(7) Tower base. Open tower bases shall be fitted with a twelve-foot-high solid plate to mitigate potential safety concerns.

(8) Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to submission of a detailed plan to the Planning Board showing the extent of tree removal and approval of said plan and the special permit by the Planning Board. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

(9) Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least ten feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm. The Planning Board may require property on which a telecommunication tower and/or accessory facility is located to be fenced in so that the telecommunication tower and guy wire poles and anchors (if any) are within the fence, at a height of eight feet.

(10) Access and parking. A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than ten feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

(11) Removal of equipment. If the telecommunication tower, antenna, accessory facility, fences or other appurtenances (all hereinafter referred to as "equipment") constructed by the applicant are no longer used for the purpose of transmitting or receiving telecommunications, the applicant shall notify the Town Clerk of the Town within 30 days of such termination that it is no longer using the equipment for telecommunication purposes, and within six months of the termination of the use of said equipment, the applicant shall remove the equipment from its site. The applicant shall post performance security in the form of a letter of credit with the Town Board in an amount equivalent to 150% of the estimated cost of removal of the equipment as determined by the engineer for the Town, and said letter of credit shall be on terms and conditions satisfactory to the attorney for the Town. The letter of credit shall be reviewed every five years from the date of the issuance of a special use permit by the Planning Board for the purpose of determining whether or not the letter of credit is at least 150% of the estimated cost of the removal of the equipment. The applicant shall increase the letter of credit to 150% of the estimated cost of removal of the equipment as determined by the engineer for the Town in the event that the letter of credit is deemed by the engineer for the Town to be less than 150% of the estimated cost of removal. If the applicant assigns its interest in the equipment or by operation of law no longer owns the equipment, the applicant's successors and/or assigns shall be obligated to post performance security with the Town Board as provided in this subsection as if it was the applicant at the time the special use permit was granted pursuant to this chapter. In the event that the applicant leases the site on which the equipment is constructed, the applicant shall obtain an irrevocable consent, to be binding upon the landowner's heirs, distributees, successors and/or assigns permitting the applicant to remove the equipment within six months of the date it ceases to be used for telecommunication purposes and permitting the Town to enter onto the landowner's land for the purpose of removing the equipment in the event that the equipment is not removed by the applicant within said six-month period. The consent shall be in a form satisfactory to the attorney for the Town and shall, upon approval of the attorney for the Town, be recorded in the Wayne County Clerk's office. Upon removal of the equipment, the applicant is to restore the site by planting sufficient vegetation to cause the site to blend in with the surrounding area.

(12) All communication cable leading to and away from the public utility tower shall be installed underground and in compliance with all the laws, rules and regulations of the Town. Upon a finding by the Planning Board that, due to special conditions particular to the site, underground installation may cause extraordinary and unnecessary hardship, the Planning Board may waive or vary the requirements of underground installation whenever, in the opinion of the Planning Board, such variance or waiver shall not be detrimental to the public health, safety or general welfare. The site plan applicant desiring such a waiver shall file a written request, at the time the application is added to the Planning Board's agenda, setting forth why the waiver should be granted.

E. Authority to impose conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunication special use or site plan.

F. Procedure. Procedure for approval of a telecommunication tower and accessory facilities as a telecommunication special use permit along with an approval of a site plan shall be in accordance with that outline under procedures for site plan review as contained in § 151-17 of this Code pertaining to site plan approval so that the applicant will be afforded a public hearing. The applicant shall be responsible for notifying by first class mail all property owners of record within 1,000 feet of the outside perimeter or boundary line of the property involved of the time, date and place of such hearing, and said notice shall be mailed at least 10 days prior to the hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address as listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit of mailing such notice. Failure to receive such notice shall not be deemed a jurisdictional defect.

G. Signage. Telecommunication towers shall be signed with a sign no larger than two square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmit capabilities. The sign shall also contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency telephone number(s). No other signage, including advertising, shall be permitted on any antenna(s), antenna(s) supporting structure, monopole or antenna tower unless required by federal or state law or regulation.

H. Maintenance and inspection. The applicant, its successors and/or assigns shall file annually with the Town, on the anniversary date of the granting of the special use permit by the Planning Board, a written report certifying that the applicant, its successors and/or assigns are complying with maintenance and inspection procedures and records system and that the telecommunication tower facility is not a hazard or a threat of a hazard to the health and safety of the public.

I. Certificate of occupancy. The applicant shall obtain from the Building Inspector of the Town a certificate of occupancy prior to placing the telecommunication tower in service or its antennas, if it is sharing use (co-locating) of an existing tower or structure.

J. Expiration and violation of telecommunication special use permits.

(1) The provisions set forth in § 180-55 pertaining to termination of a special use permit shall not apply to termination of telecommunication special use permits.

(2) A telecommunication special use permit shall be deemed to authorize only the particular use applied for and shall expire if:

(a) The telecommunication special use shall cease for more than six months for any reason.

(b) All the improvements required by the Planning Board prior to the issuance of the telecommunication special use permit are not completed within 12 months of the Planning Board granting a telecommunication special use permit subject to its issuance upon completion of various improvements, unless, prior to that time, an extension has been granted by the Planning Board.

(3) A violation of any of the terms and conditions of a telecommunication special use permit granted by the Planning Board shall be construed as a violation of this chapter; the Town shall have the right of enforcement as set forth in the Code in § 180-64, Penalties for offenses, and § 180-65, Injunctive relief.

K. Technical consultants. Upon the submittal by the applicant of the site plan and site plan and special use permit application as set forth in Subsection D(1)(a) and (b) herein, the Planning Board shall have the right, if it so chooses, to hire experienced mobile communication engineers, New York State licensed structural engineers or other technical consultants to help analyze the applicant's application and to make suggestions to the Planning Board, and the applicant shall reimburse the Town for the cost of the technical consultant as set forth in the Walworth Town Code, Chapter 74, Reimbursement of Consultant and Professional Fees.

[Amended 9-1-2016 by L.L. No. 4-2016]

§ 180-43.5 Solar collectors and installations.

[Added 8-6-2009 by L.L. No. 4-2009]

A. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town. Building permits shall be required for installation of rooftop and building-mounted solar collectors.

B. Ground-mounted and freestanding solar collectors are permitted as accessory structures in all zoning districts in the Town, subject to the following requirements:

(1) The location of the solar collector meets all applicable setback requirements of the zone in which it is located.

(2) The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt.

(3) The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 1,000 square feet.

(4) A building permit shall be obtained for the solar collector.

(5) The solar collector shall be located in a side or rear yard.

C. Where site plan approval is required elsewhere in this chapter for a development activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. Where a site plan exists, an approved modified site plan shall be required if any of the thresholds specified in § 151-18A(2) of Chapter 151 are met, including but not limited to proposed changes to or additions of solar collectors where such changes or additions meet a § 151-18A(2) threshold.

D. All solar collector installations must be performed by a qualified solar installer, and, prior to operation, the electrical connections shall be inspected by the Town and the New York Board of Fire Underwriters or other appropriate electrical inspection agency as determined by the Town. In addition, any connection to the public utility grid shall be inspected by the appropriate public utility, with proof of said inspection presented to the Town.

E. When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and, when no longer used, shall be disposed of in accordance with other applicable laws and regulations as appropriate. Written notification of installation and removal of said solar storage batteries shall be made to the Fire Department responsible for immediate response to the location of the solar storage batteries.

F. If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities by no later than 90 days after the end of the twelve-month period.

§ 180-43.6 Wind energy facilities.

[Added 8-6-2009 by L.L. No. 5-2009]

A. General provisions.

(1) Title. This section may be cited as the "Wind Energy Facility Law of the Town of Walworth, New York."

(2) Purpose. The Town Board of the Town of Walworth adopts this section to promote the effective and efficient use of the Town's wind energy resources through wind-energy conversion systems (WECS) without harming public health and safety and to avoid jeopardizing the welfare of the residents.

(3) Statutory authority. The Town Board of the Town of Walworth enacts this section under the authority granted by:

(a) Article IX of the New York State Constitution, § 2(c)(6) and (10).

(b) New York Statute of Local Governments § 10, Subdivisions 1, 6 and 7.

(c) New York Municipal Home Rule Law § 10, Subdivision 1(i) and (ii) and (ii)a(6), (11), (12) and (14).

(d) The supersession authority of New York Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), specifically as it relates to determining which body shall have the power to grant variances under this chapter, to the extent such grant of power is different than under Town Law § 267.

(e) New York Town Law Article 16 (Zoning and Planning).

(f) New York Town Law § 130, Subdivision 1 (Building code), Subdivision 3 (Electrical code), Subdivision 5 (Fire prevention), Subdivision 7 (Use of streets, highways, sidewalks and public places), Subdivision 7-a (Location and construction of driveways), Subdivision 11 (Peace, good order and safety), Subdivision 15 (Promotion of public welfare), Subdivision 15-a (Excavated lands), Subdivision 16 (Unsafe buildings and collapsed structures), Subdivision 19 (Trespass), and Subdivision 25 (Building lines).

(g) New York Town Law § 64, Subdivision 17-a (protection of aesthetic interests) and Subdivision 23 (General powers).

(4) Findings. The Town Board of the Town of Walworth finds and declares that:

(a) While wind energy is a potentially abundant, renewable and nonpolluting energy resource of the Town, and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources, the potential benefits must be balanced against potential impacts.

(b) The generation of electricity from properly sited small wind turbines can be a cost-effective mechanism for reducing on-site electric costs, with a minimum of environmental impacts.

(c) Regulation of the siting and installation of wind turbines is necessary for protecting the health, safety, and welfare of neighboring property owners and the general public.

(d) Large-scale multiple-tower wind energy facilities represent significant potential aesthetic impacts because of their large size, lighting, and shadow flicker effects.

(e) Installation of large-scale multiple-tower wind energy facilities can create drainage problems through erosion and lack of sediment control for facility and access road sites and harm farmlands through improper construction methods.

(f) Large-scale multiple-tower wind energy facilities may present risks to the property values of adjoining property owners.

(g) Large-scale wind energy facilities may be significant sources of noise, which, if unregulated, can negatively impact adjoining properties, particularly in areas of low ambient noise levels.

(h) Construction of large-scale multiple-tower wind energy facilities can create traffic problems and damage local roads.

(i) If improperly sited, large-scale multiple-tower wind energy facilities can interfere with various types of communications.

(j) The Town has many scenic viewsheds that would be negatively impacted by large-scale multiple-tower wind energy facilities.

(5) Definitions. As used in this section, the following terms shall have the meanings indicated:

AGRICULTURAL OR FARM OPERATIONS

The land and on-farm buildings (including residence), equipment, manure-processing and -handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a commercial horse-boarding operation, as defined in § 301, Subdivision 13, of the Agriculture and Markets Law, and timber processing, as defined in § 301, Subdivision 14, of the Agriculture and Markets Law. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.

EAF

The environmental assessment form used in the implementation of SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.

LEGAL LOT

A parcel of property identified by a separate, distinct identification number on the Town Taxable Parcels Map.

RESIDENCE

Any dwelling for habitation, either seasonally or permanently, by one or more persons. A residence may be part of a multifamily or multi-use building and shall include buildings such as hotels, hospitals, motels, dormitories, sanitariums, nursing homes, schools or other buildings used for educational purposes and correctional institutions.

ROOF-MOUNTED WIND TURBINE (RMWT)

A relatively small wind-generating facility which generates original power on site for on-site use by the property owner or homeowner, mounted on the principal building's roof and with a maximum height no greater than 10 feet above the roof peak.

SEQRA

The New York State Environmental Quality Review Act[1] and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.

SITE

The parcel of land where the WECS is to be placed. The site could be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements.

SMALL WIND-ENERGY CONVERSION SYSTEM (SMALL WECS)

A wind-energy conversion system, consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 10 kw and which is intended to primarily reduce on-site consumption of utility power.

SOUND-PRESSURE LEVEL

The level that is equaled or exceeded a stated percentage of time. An L₁₀ -50 dBA indicates that in any hour of the day, 50 dBA can be equaled or exceeded only 10% of the time, or for six minutes. The measurement of the sound-pressure level can be done according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11), or other accepted procedures.

TOTAL HEIGHT

The height of the tower and the furthest vertical extension of the WECS, small WECS or roof-mounted wind turbine.

WIND-ENERGY CONVERSION SYSTEM (LARGE WECS)

A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill"). For the purposes of this section, WECS electrical output is greater than 10 kw.

WIND ENERGY FACILITY

Any wind-energy conversion system, small wind-energy conversion system, or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures.

WIND MEASUREMENT TOWER

A tower used for the measurement of meteorological data, such as temperature, wind speed and wind direction. Temporary (no more than two years) towers may be allowed as part of a small WECS application where the requested tower meets all height, setback and other requirements of this section.

[1] Editor's Note: See Art. 8 of the Environmental Conservation Law.

(6) Prohibited acts; permit required; exemptions; transfer of facility or permit; replacement or modification.

(a) No wind energy facility shall be constructed, reconstructed, modified, or operated in the Town of Walworth except in compliance with this section.

(b) No large WECS shall be constructed, reconstructed, modified, or operated in the Town of Walworth. No wind measurement tower shall be constructed, reconstructed, modified, or operated in the Town of Walworth, except in conjunction with and as part of an application for a small WECS.

(c) No small WECS or roof-mounted wind turbine shall be constructed, reconstructed, modified, or operated in the Town of Walworth except pursuant to a wind power special use permit, and building permit if required by state law, issued pursuant to this section, except as provided in Subsection A(6)(f) below.

(d) Permit timetable. When a wind power special use permit is approved, construction must begin within 12 months of the approval date, and the owner has a total of 18 months to make a small WECS or roof-mounted wind turbine operational.

(e) This section shall apply to all zoning districts or areas in the Town of Walworth.

(f) Exemptions. No permit or other approval shall be required under this section for small WECS utilized solely for agricultural operations in a state or county agricultural district, except as required by state law, as long as the facility is set back at least 1 1/2 times its total height from a property line and does not exceed 120 feet in total height. Towers over 120 feet in total height utilized solely for agricultural operations in a state or county agricultural district shall apply for a wind power special use permit and building permit in accordance with Subsection B of this section but shall not require a total height variance. Prior to the construction of a small WECS under this exemption, the property owner or a designated agent shall submit a sketch plan or building permit application to the Town to demonstrate compliance with the setback requirements.

(g) Transfer. No transfer of any wind energy facility or special use permit, nor sale of the entity owning such facility, including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange), shall occur without prior approval of the Town, which approval shall be granted upon receipt of proof of the ability of the successor to meet all requirements of this section and written acceptance of the transferee of the obligations of the transferor under this section. No transfer shall eliminate the liability of an applicant nor of any other party under this section.

(h) Notwithstanding the requirements of this section, replacement in kind or modification of a small WECS or RMWT may occur without Planning Board approval when there will be:

[1] No increase in total height;

[2] No change in the location of the small WECS or RMWT;

[3] No additional lighting or change in facility color; and

[4] No increase in noise produced by the small WECS or RMWT.

(7) Applicability.

(a) The requirements of this section shall apply to all wind energy facilities proposed, operated, modified, or constructed after the effective date of this section.

(b) Wind energy facilities for which a required building and wind power special use permit has been properly issued and upon which construction has commenced prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that:

[1] Any such preexisting wind energy facility that does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy.

[2] No modification or alteration to an existing wind energy facility shall be allowed without full compliance with this section.

[3] Any wind measurement tower existing on the effective date of this section shall be removed no later than 24 months after said effective date, unless a special use permit for said wind energy facility is obtained.

(c) Wind energy facilities are allowed as accessory uses. Wind energy facilities constructed and installed in accordance with this section shall not be deemed expansions of a nonconforming use or structure.

B. Small wind-energy conversion systems.

(1) Purpose and intent. The purpose of this subsection is to provide standards for small wind-energy conversion systems designed for on-site home, agricultural, and small commercial use and that are primarily used to reduce on-site consumption of utility power. The intent of this subsection is to encourage the development of small wind energy systems and to protect the public health, safety, and community welfare.

(2) Permitted areas. Small WECS may be permitted upon issuance of a special use and building permit:

(a) On any parcel meeting the standards of this section; or

(b) RMWTs are permitted uses in all zoning districts.

(3) Applications. Applications for small WECS or RMWT wind power special use permits shall include:

(a) The name, address, and telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent, as well as an original signature of the applicant authorizing the agent to represent the applicant, is required.

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

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

(d) Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.

(e) A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code.

(f) Sufficient information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

(g) Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states so in the application, to connect the system to the electricity grid.

(h) A visual analysis of the small WECS or RMWT as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.

(4) Development standards. All small wind energy systems, except roof-mounted wind turbines, shall comply with the following standards; additionally, such systems shall also comply with all the requirements established by other sections of this subsection that are not in conflict with the requirements contained in this section:

(a) A system shall be located on a lot a minimum of one acre in size; however, this requirement can be met by multiple owners submitting a joint application, where the aggregate size of their lots is at least one acre.

(b) Only one small WECS (plus, where authorized, a temporary wind measurement tower) per legal lot shall be allowed. Where there are multiple applicants, such as a neighborhood, their joint lots shall be treated as one lot for purposes of this limitation.

(c) Small WECS shall be used primarily to reduce the on-site consumption of utility-provided electricity by the applicant(s).

(d) Tower heights shall be limited as follows:

[1] On parcels between one and five acres: 65 feet or less.

[2] On parcels of five or more acres: 80 feet or less.

[3] The allowed height shall be reduced if necessary to comply with all applicable federal aviation requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.

(e) The maximum turbine power output is limited to 10 kw.

(f) The system's tower and blades shall be manufactured or painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and shall incorporate nonreflective surfaces to minimize any visual disruption.

(g) The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails). Facilities shall not exceed the ridgeline level, where the "ridgeline" is defined as the average height of the summertime vegetation on the parcel.

(h) Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

(i) All on-site electrical wires associated with the system shall be installed underground except for tie-ins to a public utility company and public utility company transmission poles, towers and lines. This standard may be waived or modified by the Planning Board if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.

(j) 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.

(k) At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logos or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

(l) Towers shall be constructed to provide one of the following means of access control or other appropriate method of access:

[1] Tower-climbing apparatus located no closer than 12 feet from the ground.

[2] A locked anti-climb device installed on the tower.

[3] A locked protective fence, at least six feet in height, that encloses the tower.

(m) Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.

(n) The lowest portion of any blade for a small WECS may not at any time be closer than 25 feet from the ground.

(o) Construction of on-site access roadways shall be minimized. Temporary access roads utilized for initial installation shall be regraded and revegetated to the preexisting natural condition after completion of installation.

(p) To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made by the Planning Board when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

(q) All small wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Building Code and National Electric Code.[2]

[2] Editor's Note: See Ch. 85, Fire Prevention and Building Construction.

(r) All small wind energy systems shall be equipped with manual and automatic overspeed controls. The conformance of rotor and overspeed control design and fabrication with good engineering practices shall be certified by the manufacturer.

(s) All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive stress on the tower structure, rotor blades and turbine components.

(t) Any construction involving agricultural land should be done according to the New York State Department of Agriculture and Markets "Guidelines for Agricultural Mitigation for Wind Power Projects."

(u) No individual small WECS tower facility shall be installed in any location where its proximity with fixed broadcast, retransmission or reception antenna for radio, television, wireless phone or other personal communications systems would produce electromagnetic interference with signal transmission or reception.

(v) RMWTs shall be installed in accordance with the manufacturer's directions and are exempt from this section.

(5) Setback and noise standards. A small wind energy system shall comply with the following standards:

(a) Setback requirements. A small WECS shall not be located closer to a property line than 1 1/2 times the total height of the facility.

(b) Noise. Except during short-term events, including utility outages and severe windstorms, a small WECS or RMWT shall be designed, installed, and operated so that noise generated by the system shall not exceed 50 decibels (dBA), as measured by an unweighted meter at the closest property line.

(6) Abandonment of use; maintenance.

(a) Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Town of Walworth.

(b) All small WECS or RMWTs shall be maintained in good condition and in accordance with all requirements of this subsection.

(c) Any small WECS or RMWTs found to be unsafe by the local Code Enforcement Officer shall be repaired by the owner to meet federal, state and local safety standards or removed within three months.

(d) If any small WECS or RMWTs are not operated for a continuous period of 12 successive months, the Town will notify the landowner by registered mail that said WECS or roof-mounted wind turbine is deemed abandoned and shall be dismantled and removed from the property within four additional months at the expense of the property owner. The Town will provide 45 days for the owner to respond. In such a response, the landowner shall set forth reasons for the operational difficulty and provide a reasonable timetable for corrective action. If the Town deems the timetable for corrective action to be unreasonable, they must notify the landowner, and such landowner shall remove the turbine within 180 days of receipt from the Town.

(7) Variances.

(a) The Zoning Board of Appeals, in accordance with its normal procedures, may grant variances for small WECS or RMWTs, but in no event shall the Zoning Board of Appeals grant a variance allowing a WECS larger than permitted by this section or a WECS primarily designed to generate electricity for off-site use or any large-scale multiple-tower wind facilities.

(b) If a court of competent jurisdiction orders the Zoning Board of Appeals to consider a use variance for any wind energy facility other than a small WECS or RMWT and such use variance is granted or the prohibition on any wind energy facility other than a small WECS or RMWT is invalidated, no wind energy facility shall be allowed except upon issuance of a special use permit issued by the Planning Board after a public hearing. Said permit shall require a decommissioning plan and removal bond and a public improvement bond to protect public roads and shall comply with the following minimum setbacks:

[1] The statistical sound-pressure level generated by a WECS shall not exceed L₁₀ -45 dBA measured at the nearest off-site dwelling existing at the time of application. If the ambient sound-pressure level exceeds 45 dBA, the standard shall be ambient dBA plus 5 dBA. Independent certification shall be provided before and after construction demonstrating compliance with this requirement.

[2] From the nearest site boundary property line: 1,500 feet.

[3] From the nearest public road: 1,500 feet.

[4] From the nearest off-site residence existing at the time of application, measured from the exterior of such residence: 1,500 feet.

[5] From any non-WECS structure or any aboveground utilities: 1 1/2 times the total height of the WECS.

[6] From federal or state-identified wetlands, to protect bird and bat populations: 250 feet. This distance may be adjusted to be greater or lesser, at the discretion of the reviewing body, based on topography, land cover, land uses and other factors that influence the flight patterns of resident birds.

(8) Fees.

(a) Nonrefundable application fees shall be as follows:

[1] Small WECS special use permit: the fee as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk.

[Amended 11-5-2015 by L.L. No. 5-2015; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[2] Roof-mounted wind turbine WECS special use permit: the fee as set forth from time to time by Town Board resolution and on file in the office of the Town Clerk.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[3] Fees are waived for small WECS in any agricultural application where the tower is less than 120 feet in height.

(b) (Reserved)[3]

[3] Editor's Note: Former Subsection B(8)(b), regarding fees, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(9) Tax exemption. The Town hereby exercises its right to opt out of the tax exemption provisions of Real Property Tax Law § 487, pursuant to the authority granted by Subdivision 8 of that law.

(10) Enforcement; penalties for offenses.

(a) The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce this section.

(b) Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy facility in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section or any order of the enforcement officer and any person who shall assist in so doing shall be guilty of an offense and subject to a fine of not more than $500 or to imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $500 for each violation, and each week said violation continues shall be deemed a separate violation.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(c) In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use and to restrain, correct or abate such violation to prevent the illegal act.

(d) The penalties established by this section may be modified by Town Board resolution, adopted after a duly noticed public hearing.

§ 180-44 Pond regulations.

A. Purpose. The purpose of this section is to define and regulate all ponds in residential zoning districts in the Town in order to protect the environment, protect the rights of others to natural water flows and to prevent health and safety hazards that may occur by reason of the existence of ponds.

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

DECORATIVE PONDS

Any man-made body of water with a surface area no greater than 100 square feet and a maximum depth of 18 inches.

GARDEN POND

Any man-made body of water with a surface area no greater than 500 square feet and/or with a depth greater than 18 inches but no more than 36 inches.

OPEN WATER POND

Any man-made body of water with a surface area no less than 12,000 square feet and/or with a depth of no less than 36 inches.

[Amended 3-4-2010 by L.L. No. 1-2010]

OWNER OF POND or OWNER

Any homeowner's association, person, corporation, partnership, limited partnership, LLC or entity owning any portion of the pond or any lot or parcel owner who is obligated by easement to maintain the pond.

[Added 12-18-2003 by L.L. No. 6-2003]

OWNER'S PROPORTIONATE INTEREST IN THE POND

A fraction wherein the numerator is the then present assessed value of the lot or parcel and the denominator is the total assessed value of all the lots having an interest as an owner in the pond.

[Added 12-18-2003 by L.L. No. 6-2003]

OWNER'S SHARE OF COST OF MAINTENANCE

Owner's proportionate interest in the pond times the cost of the maintenance incurred by the Town.

[Added 12-18-2003 by L.L. No. 6-2003]

RECREATIONAL POND

Any man-made body of water with a surface area greater than 500 square feet and no greater than 12,000 square feet.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Exemptions.

[Amended 12-18-2003 by L.L. No. 6-2003]

(1) Ponds constructed and maintained as part of active agricultural operations are exempt from this section; however, any pond which may become partially or wholly a part of a residential, commercial or industrial development shall lose its exempt status and upon loss of such status must comply with the provisions of this section.

(2) Retention and detention ponds owned by the Town are exempt from this section.

(3) Natural ponds left in their natural state are exempt from this section; however, any pond which may become partially or wholly a part of a residential, commercial or industrial development shall lose its exempt status and upon loss of such status must comply with the provisions of this section.

(4) No open water pond or recreational pond may be constructed in any Zoning District unless:

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a) The property on which the pond is constructed is one acre or more.

(b) The pond is set back a minimum of 20 feet from all property lines.

(c) The pond shall have a perimeter bench of a 4 to 1 slope, the balance of the pond being a 3 to 1 slope.

(d) The pond shall be designed and conform to all rules and regulations of all agencies having jurisdiction over the design and construction of a pond.

D. Regulation.

[Amended 3-20-2003 by L.L. No. 1-2003; 12-18-2003 by L.L. No. 6-2003]

(1) General.

(a) All ponds must be maintained so as to assure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito breeding and similar conditions or any other condition or impair the public health, safety or welfare in any manner.

(b) No pond can interfere or impede the natural flow of water or adversely impact any flood plan, wetland or surface drainage system or cause contamination of downstream watercourses.

(2) Decorative ponds may be constructed on any residential property subject to the applicable setback requirements and without the necessity of obtaining a building permit or landscape alteration permit, but must comply with all environmental laws, rules and regulations of the United States and/or natural resource and/or environmental conservation laws and Department of Conservation regulations of the State of New York having jurisdiction over any such ponds, and the property owner shall obtain permits required by the applicable rules and regulations and shall otherwise comply with the provisions of this chapter.

(3) Garden ponds may be constructed on any residential property subject to all the environmental laws, rules and regulations of the United States and/or natural resource and/or environmental conservation laws and Department of Conservation regulations of the State of New York having jurisdiction over any such ponds, and the property owner shall obtain permits required by the applicable rules and regulations and shall otherwise comply with the provisions of this chapter.

[Amended 3-4-2010 by L.L. No. 1-2010]

(4) Open water pond. No open water pond may be constructed on any residential, business or industrial property unless:

(a) The property on which the pond is to be constructed is five acres or more in size.

(b) The pond is at least 100 feet from all property lines on the premises where it is to be located.

(c) The pond shall conform to the requirements of and be approved by the Natural Resources Conservation Service of the United States Department of Agriculture or its successor agency and all other laws, rules and regulations of the United States and/or natural resource and/or environmental conservation laws and Department of Conservation regulations of the State of New York having jurisdiction over any such ponds, and the property owner shall obtain permits required by the applicable rules and regulations and shall otherwise comply with the provisions of this chapter.

E. Pond permit process. A residential, commercial or industrial property owner who wishes to construct any kind or type of pond on his, her or its property shall make application to the Planning Board for a special pond use permit on an application obtained from the Building Department of the Town of Walworth. The Planning Board shall not grant a special pond use permit unless there is full compliance with the requirements of those agencies listed in § 180-44D(4)(c). Documentation shall appear on official letterhead from each agency and shall be signed by the individual(s) authorized to issue such conformance documentation for each agency so noted in § 180-44D(4)(c).

[Added 12-18-2003 by L.L. No. 6-2003; amended 3-4-2010 by L.L. No. 1-2010]

F. Maintenance.

[Added 12-18-2003 by L.L. No. 6-2003]

(1) An owner of the pond shall be responsible to maintain the pond based on the owner's proportionate interest in the pond.

(2) In the event, based on the recommendation of the engineer for the Town and/or a complaint or requirement by the Department of Environmental Conservation of the State of New York, the Town Board determines that a pond requires maintenance, then the Town Code Enforcement Officer shall be directed, upon action by the Town Board, to send written notice to the owner of the pond directing the owner to perform work outlined in the notice to maintain the pond as required by the Town Board.

(a) Such notice shall be personally served upon the owner of the pond or by certified mail and regular mail to his/her or its last known address as shown on the tax rolls of the Town.

(b) Such notice shall specify the place, manner and time (not less than 10 days from the sending of such notice) within which such work shall be completed.

(3) Whenever a notice has been served as provided in this section and any owner shall neglect or fail to comply with such notice and direction by the Code Enforcement Officer to carry out the maintenance required by the Town Board within the time provided, the Town Board may authorize the work to be done and pay the cost thereof out of drainage district funds. The total expense for performing such work may be assessed by the Town Board on the owner's real property on which the pond is located except if the pond is owned by a homeowner's association, then the total expense for performing such work may be assessed by the Town Board proportionately on each parcel of real property or lot encumbered by a maintenance easement requiring the owner of such real property to contribute to the homeowner's association for the maintenance of the pond for an amount equivalent to the owner's share of cost of maintenance and the amount of the owner's share of cost of maintenance shall be assessed against the owner's lot or parcel and shall constitute a lien and charge on the lot or parcel on which it is levied until it is paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.

§ 180-44.1 Stormwater control.

[Added 9-20-2007 by L.L. No. 3-2007]

A. Definitions. The terms used in this section or in documents prepared or reviewed under this section shall have the meanings as set forth in this section.

AGRICULTURAL ACTIVITY

The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch, or similar operation, or the construction of new structures associated with agricultural activities.

APPLICANT

A property owner or agent of a property owner who has filed an application for a land development activity.

BUILDING

Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property and occupying more than 100 square feet of area.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING

Any activity that removes the vegetative surface cover.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DEPARTMENT

The New York State Department of Environmental Conservation.

DESIGN MANUAL

The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

DEVELOPER

A person who undertakes land development activities.

EROSION CONTROL MANUAL

The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."

GRADING

Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER

Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

INDUSTRIAL STORMWATER PERMIT

A State Pollutant Discharge Elimination System permit, issued to a commercial industry or group of industries, which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

INFILTRATION

The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

LAND DEVELOPMENT ACTIVITY

Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDOWNER

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT

A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices.

NONPOINT SOURCE POLLUTION

Pollution from any source, other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

PHASING

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT

Land development activity.

RECHARGE

The replenishment of underground water reserves.

SEDIMENT CONTROL

Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS

Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.

STABILIZATION

The use of practices that prevent exposed soil from eroding.

STOP-WORK ORDER

An order issued which requires that all construction activity on a site be stopped.

STORMWATER

Rainwater, surface runoff, snowmelt and drainage.

STORMWATER HOTSPOT

A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

STORMWATER MANAGEMENT

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY

One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT OFFICER

An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

STORMWATER MANAGEMENT PRACTICES (SMPs)

Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF

Flow on the surface of the ground resulting from precipitation.

SURFACE WATERS OF THE STATE OF NEW YORK

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY

A channel that directs surface runoff to a watercourse or to the public storm drain.

B. Stormwater pollution prevention plans.

(1) Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this section.

(2) Contents of stormwater pollution prevention plans.

(a) All SWPPPs shall provide the following background information and erosion and sediment controls:

[1] Background information about the scope of the project, including location, type and size of project.

[2] Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s), and the site map should be at a scale no smaller than one inch equals 100 feet.

[3] Description of the soil(s) present at the site.

[4] Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.

[5] Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff.

[6] Description of construction and waste materials expected to be stored on site, with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response.

[7] Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project closeout.

[8] A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.

[9] Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.

[10] Temporary practices that will be converted to permanent control measures.

[11] Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place.

[12] Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.

[13] Name(s) of the receiving water(s).

[14] Delineation of SWPPP implementation responsibilities for each part of the site.

[15] Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.

[16] Any existing data that describes the stormwater runoff at the site.

(b) Land development activities as defined in Subsection A of this section and meeting Conditions A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(2)(c) below, as applicable:

[1] Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

[2] Condition B: stormwater runoff from land development activities disturbing five or more acres.

[3] Condition C: stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

(c) SWPPP requirements for Conditions A, B and C:

[1] All information in Subsection B(2)(a) of this section.

[2] Description of each post-construction stormwater management practice.

[3] Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.

[4] Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

[5] Comparison of post-development stormwater runoff conditions with predevelopment conditions.

[6] Dimensions, material specifications and installation details for each post-construction stormwater management practice.

[7] Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.

[8] Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.

[9] Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection D of this section.

[10] For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this section.

(3) Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

(4) Contractor certification.

(a) Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."

(b) The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm, the address (or other identifying description) of the site, and the date the certification is made.

(c) The certification statement(s) shall become part of the SWPPP for the land development activity.

(5) A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

C. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:

(1) Technical standards. For the purpose of this section, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section:

(a) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").

(b) New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

(2) Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection C(1), and the SWPPP shall be prepared by a licensed professional.

(3) Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

D. Maintenance, inspection and repair of stormwater facilities.

(1) Maintenance and inspection during construction.

(a) The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

(b) For land development activities as defined in Subsection A of this section and meeting Condition A, B or C in Subsection B(2)(b), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site log book.

(c) The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices.

(2) Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Walworth to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Walworth.

(3) Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section shall ensure they are operated and maintained to achieve the goals of this section. Proper operation and maintenance also includes, as a minimum, the following:

(a) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section.

(b) Written procedures for operation and maintenance and training new maintenance personnel.

(c) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Subsection C(3) of this section.

(4) Maintenance agreements. The Town of Walworth shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this section entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Walworth, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

[1] Editor's Note: Schedule B is on file in the Town offices.

§ 180-44.2 Cannabis retail dispensaries.

[Added 1-5-2023 by L.L. No. 1-2023]

Cannabis retail dispensaries are only permitted in the B District upon the issuance of a special use permit and the Hamlet District upon the issuance of a special use permit. In addition to the special use permit procedures and standards set forth at Article VII herein, the issuance of a special use permit for a cannabis retail dispensary shall also require the following:

A. State approvals. Any approval of a cannabis retail dispensary shall be conditioned upon obtaining any required state or other governmental approvals, including but not limited to licensure by the NYS Cannabis Control Board.

B. Increased buffer. Cannabis retail dispensaries may be established no closer than 500 feet from any 1) school or school grounds, 2) park or playground, 3) church/house of worship, 4) residence, 5) public library, 6) government-operated recreation or community center or 7) day care or nursery. Such 500-foot setback shall be measured from the closest portion of the dispensary building to the nearest portion of the buffered use (inclusive of, for example, outdoor spaces utilized by schools, for parks, etc.).

(1) This buffer requirement may be reduced by the Town Board by up to any lesser minimums otherwise required by the state. In considering whether the reduction may be appropriate and the extent to which it may be reduced, the Town Board shall consider whether there is a sufficient physical barrier between the dispensary and the buffered use; whether and to what extent advertising, signage, and/or other activity associated with the same would be visible from the buffered use; and to what extent any reduced buffer might otherwise negatively impact the buffered use.

(2) In no event shall any buffer be any less than otherwise required by state law or any other governmental agency with jurisdiction over the dispensary.

§ 180-44.3 Residential standby generators.

[Added 4-20-2023 by L.L. No. 5-2023]

A. A residential standby generator is permitted in any district as an accessory structure to a dwelling so long as it additionally conforms to the following:

(1) Footprint. Its footprint shall be equal to or less than 15 square feet.

(2) Location. It shall be located wholly on the property it serves.

(3) Building permit. It shall require a building permit.

(4) Compliance with laws. It shall be installed and operated in compliance with all applicable laws, rules, codes and regulations (including any applicable building and fire safety regulations and codes) and manufacturer's specifications.

(5) Setback encroachment. The generator may be located such that it encroaches into side zoning setbacks, but only if the generator is otherwise located as far from the encroached-upon neighboring property line as applicable laws, rules, codes and regulations (including any applicable building and fire safety regulations and codes), manufacturer's specifications and conditions safely allow, and only if located strictly in accordance with such laws, rules, codes, regulations and specifications. To otherwise encroach within a side zoning setback will require an area variance.

B. Please also note that pursuant to Chapter 108, Noise, automatic cycling of residential standby generators shall only be permitted between the hours of 8:00 a.m. and 8:00 p.m. Automatic cycling outside of such times shall be deemed "loud and unnecessary noise" in violation of the Noise Code.