The provisions of this chapter shall be subject
to such exceptions, additions or modifications as are herein provided
by the following supplementary regulations.
[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.
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]
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.
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.
[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.
[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.
[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.
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.
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.
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.
[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.
[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.
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
|
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.
[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.
[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.
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.
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:
(5)
A written plan for reclamation and a site plan map
for the area involved shall be presented.
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.
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)]
[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.
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.
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.
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.
[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]
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.
A.
HOME OCCUPATION, MAJOR (CATEGORY A)
(1)
(a)
(b)
(2)
(a)
[1]
[2]
[3]
(b)
(c)
(d)
(e)
(f)
(g)
(3)
(4)
HOME OCCUPATION, MAJOR (CATEGORY B)
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(3)
(4)
HOME OCCUPATION, MINOR
(1)
(a)
(b)
(c)
(d)
(e)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(3)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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:
Has a potential impact on the health, safety,
welfare, comfort and/or convenience of the neighborhood, Town and/or
general public; and/or
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.
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]
All home occupations permitted in "home occupation,
minor" which do not qualify as home occupation, minor because:
The occupation, business or profession does
employ one person on the premises who does not reside on the premises;
The occupation, business or profession requires
more than one client, patient, student or customer on the premises
at any one time; and/or
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.
Bed-and-breakfast.
Antique sales, provided that goods for sale
are not visible.
Florist shop.
Taxidermist.
[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]
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]
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).
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]
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]
May have a potential impact on the health, safety,
welfare, comfort or convenience of the neighborhood and/or Town; and/or
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
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.
Does not employ more than one person on the
premises who does not reside on the premises; and
May require exterior storage of goods, materials,
equipment or inventory.
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)]:
Professional craftsman (such as electrical,
plumbing, heating, ventilation and air-conditioning contractors).
Landscaper.
Farrier.
Dog kennel.
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]
Tack shop associated with horse boarding.
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]
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]
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]
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:
Involves no persons other than persons residing
on the premises.
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]
Generates no additional traffic nor the need
for off-street parking beyond customary needs of the occupants of
the dwelling unit.
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.
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.
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]
Physician.
Attorney-at-law.
Dentist.
Dancing or music teacher.
Dressmaker or milliner or seamstress.
Cosmetologist or hairdresser or barber.
Real estate broker or real estate appraiser
or insurance appraiser.
Salesperson.
Animal groomer.
Television, computer and small appliance repair
shop.
Bakery or caterer.
Professional craftsman (such as furniture maker)
or artisan.
Tax preparers.
Tutor.
Typist.
Clock repair person.
Architect or engineer or surveyor.
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.
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]
Home day care.
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]
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.
(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.
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.
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.
A.
ACCESSORY FACILITY
ANTENNA
TELECOMMUNICATIONS SPECIAL USE
TELECOMMUNICATIONS TOWER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
A system of electrical conductors that transmit or receive
radio, frequency waves.
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.
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.
(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:
(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.
[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]
[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.
[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:
(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)
AGRICULTURAL OR FARM OPERATIONS
EAF
LEGAL LOT
RESIDENCE
ROOF-MOUNTED WIND TURBINE (RMWT)
SEQRA
SITE
SMALL WIND-ENERGY CONVERSION SYSTEM (SMALL WECS)
SOUND-PRESSURE LEVEL
TOTAL HEIGHT
WIND-ENERGY CONVERSION SYSTEM (LARGE WECS)
WIND ENERGY FACILITY
WIND MEASUREMENT TOWER
Definitions. As used in this section, the following terms shall
have the meanings indicated:
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.
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.
A parcel of property identified by a separate, distinct identification
number on the Town Taxable Parcels Map.
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.
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.
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.
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.
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.
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.
The height of the tower and the furthest vertical extension
of the WECS, small WECS or roof-mounted wind turbine.
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.
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.
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:
(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.
(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:
(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.
(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.
(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.
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.
DECORATIVE PONDS
GARDEN POND
OPEN WATER POND
OWNER OF POND or OWNER
OWNER'S PROPORTIONATE INTEREST IN THE POND
OWNER'S SHARE OF COST OF MAINTENANCE
RECREATIONAL POND
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any man-made body of water with a surface area no greater
than 100 square feet and a maximum depth of 18 inches.
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.
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]
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]
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 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]
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.
[Added 9-20-2007 by L.L.
No. 3-2007]
A.
AGRICULTURAL ACTIVITY
APPLICANT
BUILDING
CHANNEL
CLEARING
DEDICATION
DEPARTMENT
DESIGN MANUAL
DEVELOPER
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
NONPOINT SOURCE POLLUTION
PHASING
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPs)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
SURFACE WATERS OF THE STATE OF NEW YORK
WATERCOURSE
WATERWAY
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.
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.
A property owner or agent of a property owner who has filed
an application for a land development activity.
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.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
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.
A person who undertakes land development activities.
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
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.
The process of percolating stormwater into the subsoil.
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."
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.
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.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
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.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
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.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
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.
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.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
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.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground resulting from precipitation.
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.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
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:
[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.
(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.
[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.
[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.
