The following provisions shall apply to all districts except
where listed.
A.
Off-street parking requirements for nonresidential uses shall be
established by the Planning Board based upon need of the proposed
use. With due consideration to the table below, the Planning Board
shall have the authority to deviate parking space requirements on
a case-by-case basis based on need so as to prevent overbuilding of
parking lots. Since businesses vary widely in their need for off-street
parking, it is most appropriate to establish parking requirements
based on the specific operational characteristics of the proposed
uses.
B.
In determining the parking requirements for any proposed use, the
Planning Board shall consider:
(1)
The maximum number of persons who would be driving to the use as
employees, customers, clients, members, students or other uses at
times of peak usage. Parking spaces shall be sufficient to satisfy
85% of the anticipated peak demand.
(2)
The size of the structure(s) and site.
(3)
The environmental, scenic or historic sensitivity of the site. In
cases where sufficient area for parking cannot be created on the site
without disturbance to these resources, the Planning Board may require
a reduction in the size of the structure so that available parking
will be sufficient.
(4)
The availability of safely usable on-street parking.
(5)
The availability of any off-street parking within 500 feet that is
open to the public, owned or controlled by the applicant, or available
on a shared-use basis.
(6)
Standards used in generally accepted traffic engineering and planning
manuals shall be referred to; however, such standards shall be used
as a guide only and should be viewed as likely to require excessive
numbers of parking spaces.
C.
Guidelines for the minimum number of off-street parking spaces to
be provided are as follows. Public off-street parking in lieu of on-site
parking may be utilized to fulfill parking requirements when provided
for this purpose.
|
Use
|
Parking Spaces Required
| |
|---|---|---|
|
Lodging house
|
1 for each lodging unit
| |
|
Residential
|
2 per dwelling unit
| |
|
Church and school
|
1 per 3 seats in principal assembly room
| |
|
Private club or lodge
|
1 per 4 members
| |
|
Theater
|
1 per 3 seats
| |
|
Hospital and nursing or convalescent home
|
1 per 3 beds and 1 for each employee based on the expected average
employee occupancy
| |
|
Professional office, business service and medical clinic
|
1 for each 250 square feet of gross leasable area
| |
|
Retail business and personal service establishment
|
1 for every 180 square feet of gross leasable area
| |
|
Eating and drinking establishment
|
1 for every 3 seats
| |
|
Industrial
|
1 for each 1.2 employees, based on the highest expected average
employee occupancy
| |
|
Funeral home
|
1 for each 75 square feet of floor space in slumber rooms, parlors
and individual service rooms
|
D.
Use of shared parking lots is encouraged and may be required by the
Planning Board for two or more adjacent commercial uses.
E.
Adequate parking for handicapped persons shall be provided in accordance
with applicable laws.
F.
Parking areas shall be located to the side or rear of the structure
wherever possible. If this is not feasible due to lot configuration
or topography, parking areas shall be located in such a way as to
minimize visibility from roadways and adjacent properties. Landscaping
shall minimize any negative visual effect.
G.
Landscaped islands shall be integrated into parking areas to visually
break up large expanses of paving and provide shading. Landscaping
shall not block sight lines, and plantings at parking facility entrances
and exits shall be limited to ensure clear sight distances. Clear
sight lines from doors and windows must also be protected. Lighting
fixtures should be consistent with the character and style of the
Town.
H.
Berms and dense landscaping shall, to the extent practicable, be
used to screen all parking lots and parking areas from all public
roads, paths and private streets. Factors such as the size of the
parking area, direction and elevation from which it can be viewed,
the viewer's position, the season and the distance of the lot from
the view must be considered when determining the type, height, width
and density of the plant materials to be used. Existing vegetation
may be incorporated into the parking lot landscape plan.
I.
To reduce the amount of impervious surfaces, to encourage groundwater
recharge and reduce water runoff velocities, the Planning Board may
require use of pervious surface lot treatments.
Off-street loading which is spaced logically, conveniently located
for bulk pickups and deliveries, scaled to delivery vehicles expected
to be used and accessible to such vehicles when required off-street
parking spaces are filled shall be provided for all commercial and
industrial uses. Required off-street loading space is not to be included
as off-street parking space in computation of required off-street
parking space.
In all residential districts, structures may not cover more
than 30% of the lot. In planned development projects, although individual
lots may exceed this requirement, the overall project may not. Lot
coverage shall meet requirements for all other districts as per Table
2.[1]
[1]
Editor's Note: Table 2 is included at the end of this chapter.
Except for silos, wind energy conversion systems or other private
wind generation systems used to support farming, and other agricultural
structures, in all districts, structures shall not exceed the height
restrictions contained in Table 2, Density and Dimensions.[1] The Planning Board may grant a special permit for a structure
in excess of such height restrictions, provided that it is not more
than 10% of the roof area of the principal building and is used for
one of the following purposes: television and radio towers, church
spires, belfries, monuments, tanks, water and fire towers, stage towers
and scenery lofts, silos, cooling towers, ornamental towers and spires,
chimneys, elevator bulkheads, smokestacks and flagpoles.
[1]
Editor's Note: Table 2 is included at the end of this chapter.
A.
Waste controls are to be in accordance with Chapter 145, Sewage Disposal, and as follows. The following materials shall not be discharged into any storm or sanitary waste way in excess of the concentration specified in each case. In no case will any of these or similar materials be discharged in any drainage channel.
(1)
Oils, tars, cleaning compounds or inflammables.
(2)
Phenole or phenole-like compounds in excess of 0.05 parts per 100,000.
(3)
Toxic materials, such as fruit-washing compounds, wood preservatives,
insecticides, aldrin, rotenone, BHC, DDP and all other similar products,
weed killer, metallic or nonmetallic products of metal processing
or plating acids, alkalis, cyanides, copper, etc.
(4)
Total salts, maximum 25,000 parts per 1,000,000.
(5)
Salts or elements injurious to crops, soils or animals, aluminum
boron, arsenic, selenium, lead manganese, etc.
(6)
Wastes with pH less than 6.5 or greater than 8.5.
(7)
Floating solids.
B.
Air pollution and fire controls.
(1)
It shall be unlawful within the Town of Athens for any person, owner,
agent, operator, firm or corporation to permit or cause, suffer or
allow the discharge, emission or release into the atmosphere from
any source whatsoever of soot, fly ash, dust, cinders, dirt, oxides,
gases, vapors, odors, toxic or radioactive substances, waste, particles,
solid, liquid or gaseous matter or any other materials in such place,
manner or concentration as to constitute atmospheric pollution. This
section shall not apply to farming uses.
(2)
Odor. Tanneries, stockyards, glue factories, oil refineries, soap
factories, artificial gas manufacture, rubber manufacture, fertilizer
manufacture and other manufacturing or industrial uses must present
detailed plans for elimination of obnoxious odors to the Planning
Board for approval during site plan review before the Code Enforcement
Officer may grant a permit.
(3)
Noxious gases. Detailed plans of any process likely to emit noxious
gases, indicating elimination of such gases or fumes, must be presented
to the Planning Board for approval during site plan review before
the Code Enforcement Officer may grant a permit.
C.
Noise and vibrations.
(1)
No activity shall cause or create a steady-state or impact vibration
displacement at such parcel's property line by frequency bands in
excess of that indicated in the following table:
|
Frequency
(cycles per second)
|
Vibration Displacement Steady-State
(inches)
|
Impact
(inches)
| |
|---|---|---|---|
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
|
(2)
The addition of any noise source, in a nonindustrial setting, should
not raise the ambient noise level above a maximum of 65 dB(A). Ambient
noise in industrial or commercial areas may exceed 65 dB(A) with a
high end of approximately 79 dB(A). When project ambient noise levels
exceed the existing ambient noise levels, the Planning Board may require
mitigative measures utilizing best management practices to ensure
that a facility's generated sound levels are at a minimum.
D.
Lighting and glare. The Planning Board shall take into consideration
the need to minimize nighttime lighting to protect dark skies. Adequate
lighting shall be provided on a site to ensure safe movement of persons
and vehicles and for security purposes, unless waived by the Planning
Board. A lighting plan shall be included in site plan review application
materials and shall include a layout of proposed fixture locations
and a description of the equipment, glare control devices, lamps,
mounting heights, hours of operations and maintenance methods proposed.
Lighting shall conform to the following standards:
(1)
All lighting, including sign lighting, shall be designed and arranged
so as to minimize glare and reflection on adjacent properties.
(2)
The style of the light and light standard should be consistent with
architectural style of the building and surrounding area. Poles and
fixtures shall complement the architectural character of the development
and surrounding area.
(3)
The maximum height of freestanding lights shall not exceed 20 feet.
(4)
The source of the lights shall be fully shielded with full ninety-degree
cutoff luminaries or located such that it shall not be visible outside
the boundaries of the parcel being developed.
(5)
All exterior site lighting shall have such shading as will prevent
the source of the light from being a visual nuisance to any adjacent
residential property. Hours of lighting may be limited by the Planning
Board in acting on any site development plan.
(6)
Externally illuminated signs, including building identification signs,
shall only use shielded light fixtures.
(7)
The Planning Board may, as it deems appropriate, require that lighting
be controlled by automatic timing devices to extinguish offending
sources during specified periods to mitigate glare. The Planning Board
may also require that lighting, except for security lighting, be extinguished
after hours for businesses that are not in operation during that time.
Motion detectors can be considered for security lighting.
(8)
Glare control shall be accomplished primarily through the proper
selection and application of lighting equipment. Only after those
means have been exhausted shall vegetation, fences and similar screening
methods be considered acceptable for reducing glare.
(9)
Quartz lamps are prohibited light sources.
(10)
Luminance and uniformity. Light levels shall be designed not
to exceed the latest recommended levels for outdoor lighting set by
the Illuminating Engineering Society of North America (IES) for the
type of activity/area being lighted, except light levels for ATMs
shall be in accordance with the New York State ATM Safety Act.[2] Where no standard is available from the IES, the applicable
standard shall be determined, taking into account the levels for the
closest IES activity.
[2]
Editor's Note: See Banking Law § 75-a et seq.
Buffers adjacent to actively farmed land shall be established
to reduce the exposure of nonfarm uses to odors, noise and other potential
nuisances associated with the agricultural operation and to protect
the agricultural operation from potential complaints related to same.
Such buffers may consist of vegetative screening, woodlands, vegetated
berms or natural topographic features and shall be no less than 50
feet in width. Buffers may be required to be larger depending upon
the type of agriculture or farm use adjacent to the nonfarm use, the
topography and the proposed design and planting of such buffer. It
shall be the responsibility of the nonfarm applicant, subject to approval
by the Planning Board, to provide an effective buffer that will reasonably
protect adjacent nonfarm and residential living areas from agricultural
procedures.
A.
The keeping of animals on residential properties in the Watershed
Overlay, H, MUC and Ru 1 Districts, not part of a farm operation,
shall be limited as follows to prevent water contamination from animal
manure. This shall not apply to horse stables.
|
Animal Type
|
Minimum Lot Size
| |
|---|---|---|
|
Livestock, including but not limited to horses, mules, goats,
pigs, sheep and cattle
|
1 animal per one-acre lot to a maximum of 10 animals
| |
|
Fowl and game birds
|
10 birds per one-acre lot to a maximum of 25 animals
| |
|
Small animals such as rabbits
|
20 per acre
|
B.
Buildings, pens or other structures housing animals shall be located
20 feet from any lot line and 35 feet from any road or highway. No
manure may be stored within 50 feet of any property boundary line
or 100 feet from any watercourse.
C.
All buildings and structures used to store feed or other materials
used for the domestic livestock use shall be located a minimum of
35 feet from all property lines. A minimum of 100 feet shall be provided
between any area or structure used for the storage of animal wastes
and wetlands and waterways.
D.
All livestock shall be fenced.
E.
No animal shall have direct access to a jurisdictional wetland, impoundment,
stream, spring or well on the lot on which the livestock is located
unless permitted by DEC or the Department of Health.
On a lot devoted to a permitted principal use, customary accessory
uses and structures are authorized.
A.
Accessory uses shall be compatible with the principal use and shall
not be established prior to the establishment of a principal use,
except as permitted hereafter.
B.
Any accessory building or structure hereafter constructed, erected,
placed, structurally altered or enlarged, except as otherwise permitted
in this chapter, shall be subject to the following bulk requirements:
(1)
No accessory building or structure shall be permitted within the
required front yards, as set forth in each district.
(2)
All accessory buildings or structures shall meet all side and rear
setbacks.
(3)
No accessory building or structure in any district shall exceed 1 1/2
stories or 21 feet in height (whichever is less).
(4)
No mobile home or other portable structure or building shall be used
as an accessory building or structure except when used incidentally
to and temporarily for construction operations of a principal use.
Said buildings shall be removed prior to the occupancy of the principal
use. Storage buildings not exceeding 144 square feet in area are permitted.
(5)
Any accessory building which is attached to a principal building
shall be considered as a part of the principal building and shall
be subject to all regulations governing the location of principal
buildings.
All requirements of Chapter 105 of the Town of Athens Code shall be met. Except for agricultural structures, new structures should not be constructed in designated one-hundred-year floodplains.
A.
The Planning Board or the Zoning Board of Appeals, as the case may
be, may require cross-access easements for adjacent properties with
interconnected parking lots in language acceptable to the Town Attorney.
B.
Motor vehicle circulation shall be designed to minimize conflicts
with pedestrians.
C.
Traffic calming features such as curb extensions, medians, road narrowings,
surface textures and modified intersections with narrowed intersection
radii may be used to encourage slower traffic speeds.
D.
Streetscape and traffic calming shall be used to separate vehicular
movement from pedestrian movement.
E.
Shared, rear or side-located parking lots and shared access to parking
lots shall be used to the maximum extent practical.
F.
Curbing may be required along frontage to delineate access points.
G.
Maximum grade of access drives shall be 8%, and 3% for parking areas.
H.
Stacking lanes shall be required for all uses that involve drive-up
customer services such as bank window tellers, fast food restaurants,
car wash bays, etc., to avoid any stacking of vehicles in public rights-of-way.
I.
Unless otherwise required by the Town Highway Superintendent, New
York State Department of Transportation or any other entity having
permitting authority over the road or street fronting the parcel,
no more than two curb cuts shall be allowed on any given parcel.
J.
The Planning Board may require front-loaded roads during a site plan
or subdivision in order to promote rural character.
No alteration of watercourses, whether by excavation, filling,
grading, clearing, draining or otherwise, shall be made that affects
the water levels or flow of such watercourses without review as to
the effect of such alteration and any related facilities on water
recharge areas, water table levels, water pollution, aquatic animal
and plant life, temperature change, drainage, flooding, runoff and
erosion. This review and approval of such alteration shall be made
by the Planning Board in consultation with the Greene County Soil
and Water Conservation District and the New York State Department
of Environmental Conservation. Where the applicant must obtain a stream
disturbance or discharge permit from the New York State Department
of Environmental Conservation, Planning Board approval shall be conditional
on the Department of Environmental Conservation's permit approval.
There shall be a setback of 100 feet for all site disturbances from
Department of Environmental Conservation classified streams C(T) and
higher and 50 feet from nonregulated watercourses.
A.
Requirements of this section shall apply to all activities resulting
in a site disturbance, development or redevelopment greater than or
equal to 750 square feet gross disturbance. The Planning Board shall
ensure that these standards are met prior to approval of any subdivision
or site plan. The Code Enforcement Officer shall ensure that these
standards are met prior to approval for any building permit.
B.
Any parcel that falls in whole or in part on a parcel containing
more than 10% of total acreage in slopes 15% or greater shall be considered
to contain steep slopes. Such slopes shall be determined from topographic
maps containing contour lines submitted by the applicant.
C.
Site disturbances for the purpose of noncommercial home gardening
and agricultural operations shall be exempt. Quarries, gravel pits,
sand pits and shale pits shall be exempt when permitted and regulated
under other local, state or federal laws.
D.
No development, grading of the land or stripping of vegetation shall
be permitted on slopes of 25% or greater.
E.
Any proposed disturbance for roadway crossings or utility construction
in areas of slopes 25% or steeper shall require a variance approval
from the Zoning Board of Appeals and must demonstrate, via analysis
of alternatives, that the roadway or utility improvements are necessary
in the sloped area and affect the sloped area to the minimum extent
possible.
F.
The maximum area of disturbance allowed in slope areas on a parcel
having between 20.0% and 24.9% slopes shall be 5%. The maximum disturbance
area allowed in slope areas between 15% and 19.9% shall be 15%.
G.
Site design and grading on slopes greater than 15% shall provide
the minimum disruption of view corridors and scenic vistas and shall
preserve significant natural topographic features, including ridgelines,
to the extent that any portion of the ridgeline is within the regulated
steep slope area.
H.
No driveway, vehicular access lane or private road may be constructed
that exceeds a slope of 10% for more than 5% of its total length.
I.
Development in steep slope areas requires the minimum lot size for
that district plus any additional acreage that may be needed to comply
with proper engineering requirements.
A.
Prior to approval for any land disturbance of one acre or more, there
shall be verification of compliance with the requirements of the New
York State Department of Environmental Conservation State Pollutant
Discharge Elimination System (SPDES) general permit for construction
activities, GP-02-01, or as amended or revised.
B.
The Planning Board shall refer the stormwater pollution prevention
plan (SWPPP) to a qualified engineering consultant and/or to the County
Soil and Water Conservation District for professional advice concerning
compliance of the plan. The Town of Athens shall not approve the special
use permit, site plan or subdivision application unless it finds that
the stormwater pollution prevention plan (SWPPP) complies with this
section.
Temporary structures used in conjunction with construction work
shall be permitted only during the period that the construction work
is in progress. Permits for temporary structures shall be issued for
a six-month period. Residing in basement or foundation structures
before the completion of the total structure shall be permitted for
no more than one year.
Signs as defined in § 180-3 are specifically prohibited except as herein provided:
A.
All signs must be constructed of durable materials and shall be maintained
in good condition and repair at all times.
B.
In any residential district, a sign not exceeding four square feet
in surface is permitted which announces the name, address or professional
or home occupation of the occupant of the premises on which said sign
is located.
C.
A bulletin board not exceeding 24 square feet is permitted in connection
with any religious facility, church, school or similar public structure.
D.
A temporary real estate or construction sign, not exceeding 24 square
feet, is permitted on the property being sold, leased or developed.
Such sign shall be removed promptly when it has fulfilled its function.
E.
A business sign shall be permitted in connection with any legal business
or industry located on the same premises and shall meet the following
requirements:
(1)
A maximum of two signs are permitted with any legally established
business, one freestanding and the other attached to the building.
Only one freestanding sign, which may be double-faced, shall be permitted
for the primary frontage of a property on a public street. Not more
than one freestanding sign shall be permitted for each business structure
regardless of the number of stores or businesses housed therein. Where
more than one business is located on the same property or on contiguous
or adjoining lots, one common freestanding sign directory shall be
permitted. The combining of signs on one common sign directory shall
be encouraged. In the event of contiguous businesses sharing a freestanding
directory sign, each individual business shall be allowed one sign
attached to the building. Where multiple businesses exist on one lot,
the total cumulative area of all signs permitted on such lot shall
be 60 square feet.
(2)
The primary purpose of the sign shall be for identification and not
for advertising, and it may state only the owner, trade names, trademarks,
products sold and/or the business or activity conducted on the premises
on which the sign is located.
(3)
Signs attached to a building shall be perpendicular or parallel to
the building facade.
(4)
Signs shall not extend beyond the roof or parapet of the building.
A freestanding sign shall not exceed 50 square feet. The maximum height
for freestanding signs shall be 15 feet. All signs should be erected
a minimum of 15 feet from any roadway edge.
(5)
Externally lighted signs are required. Illuminated signs shall be
shielded in such a way as to produce no glare, undue distraction,
confusion or hazard to the surrounding area or to vehicular traffic.
(6)
Signs which are animated or with intermittent illumination are prohibited.
(7)
Signs shall not project over public rights-of-way or property lines.
(8)
The maximum area of a building-mounted sign shall not exceed 10%
of the building face area or 25 square feet, whichever is smaller.
F.
An off-site directional signal may be approved by special permit
in any district, provided that:
(1)
A group of business owners or managers has cooperated to erect one
or a series of off-site directional signs.
(2)
Written permission from the lot owner is received.
(3)
Externally lighted signs are preferred. Illuminated signs shall be
shielded in such a way as to produce no glare, undue distraction,
confusion or hazard to the surrounding area or to vehicular traffic.
Illumination shall be properly focused upon or from within the sign
itself.
(4)
Signs which are animated or with intermittent illumination are prohibited.
(5)
Signs shall not project over public rights-of-way or property lines.
(6)
The sign shall be no more than 12 square feet.
(7)
The Planning Board finds the sign not contrary to the objectives
of the zoning district or the Comprehensive Plan.
G.
Any sign not in use shall be removed within six months after cessation
of business.
H.
No advertising billboards shall be allowed on site for an off-site
purpose.
I.
No temporary, movable signs, except for holiday seasons, grand openings
and other special events, not to exceed 60 days, shall be allowed.
J.
This section shall not apply to noncommercial signs that express
speech that is protect by the New York State or United States Constitution.
For such signs, they shall be limited to one sign per parcel. Such
sign shall be no larger than eight feet by eight feet in dimensions.
Any home occupation, including, but not limited to, businesses
such as an art studio, dressmaking, teaching or the professional office
of a physician, dentist, lawyer, engineer, architect or accountant,
shall be permitted as an accessory use if it complies with the requirements
of this section. Low-impact home occupations do not require site plan
approval or a special use permit.
A.
Home occupations must be incidental to the use of the dwelling unit.
The home occupation shall be carried on by a member of the family
residing in the dwelling unit only.
B.
The home occupation shall be carried on wholly within the principal
or accessory structures. No more than 30% of the total floor area
(heated, habitable space) of the dwelling unit may be used for home
occupation purposes.
C.
Exterior displays or signs other than those permitted under this
subsection, exterior storage of materials and exterior indication
of the home occupation or variation from the residential character
of the principal structure shall not be permitted. One unanimated,
nonilluminated sign of not more than four square feet shall be allowed
for major home occupations. There shall be no other exterior evidence
of the home occupation, such as for display or storage purposes or
such that the exterior of the work area is altered in any way.
D.
Objectionable conditions, such as noise, vibration, smoke, dust,
electrical disturbance, odors, heat or glare, shall not be produced.
E.
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in the neighborhood.
F.
Parking shall be provided off street and shall not be located in
front yards except for the first three cars. Adequate parking must
be demonstrated. At a minimum, there shall be two spaces for the residential
use, plus one space for each 500 square feet of floor space of the
home occupation. Parking areas of six cars or more shall have crushed
stoned, blacktop or other appropriate surface and shall be appropriately
landscaped to provide screening from adjacent properties. Off-street
parking and loading shall accommodate access and egress of any supply
or service vehicles to the home occupation without obstructing traffic.
G.
Business operation hours, lighting and signage should be set so as
not to adversely affect adjacent uses.
H.
There shall be no outside storage of equipment, supplies and/or commercial
vehicles related to the permitted home occupation.
I.
The proposed customary home occupation and the parking and traffic
incident thereto:
(1)
Will not create or aggravate hazards or dangers to the public or
to persons in the vicinity.
(2)
Will not be incongruous or detrimental to the prevailing residential
character of the neighborhood.
(3)
Will not impair the use, enjoyment or value of adjacent residential
properties.
(4)
Will not detract from the appearance of the area.
J.
In addition, in granting any such permit, the Planning Board or Zoning
Board of Appeals may impose reasonable conditions consistent with
preserving the character of the neighborhood and the public health,
safety, morals and general welfare of the community and make findings
appropriate to the conditions imposed. Among the limitations which
may be imposed are:
(1)
A limit on the hours of operation and on the number of visitors permitted
per hour.
(3)
A requirement that visitors must have scheduled appointments.
(4)
A limit on the number of vehicles that may be parked in the driveway
or designated parking area of the premises at any one time.
(5)
A requirement that existing driveways must be expanded, or may not
be expanded, to accommodate visitor parking.
(6)
Restrictions on public advertising inviting patients, clients, customers
or students to visit the premises at will if the premises are identified
in such advertising by specific address.
(7)
The scope of the use for which the residence is to be used and/or
any other restrictions which may be reasonable, in light of the potential
adverse impacts of operation of the customary home occupation to the
neighborhood.
A.
Roadside stands for sale of agricultural products shall be permitted
if:
After a line of a future street is placed on the Official Map
of the Town of Athens, if adopted in accordance with §§ 270
and 273 of the Town Law, any building shall be set back from such
line as though it were a street line, unless a variance has been obtained
pursuant to § 280 of the Town Law.
No manufactured home, boat, trailer or truck (other than a pickup
truck) shall be stored in the front yard in any district unless it
is kept in a neat and orderly condition as determined by the Town
Board.
All requirements of Chapter 101 of the Town of Athens Code shall be met, as may be amended from time to time.
A.
In any district where multifamily dwellings are permitted, there
shall be a minimum lot size of one acre. In no case shall the density
exceed six dwelling units per acre of usable land without New York
State Department of Health and/or Town Engineer or a designated Planning
Board engineer approved wastewater treatment systems.
B.
All structures containing multiple-family dwellings shall have a
minimum roof pitch of six over 12.
C.
All front yards attached to multiple-family dwellings shall have
a clearly defined front yard using landscaping, fencing, hedging,
or brick or stone wall, none of which shall exceed three feet in height.
Front yards of attached townhouses may be unified into one common
yard treated as a single front yard for the entire building.
D.
All townhouse multiple-family dwellings shall have the following
dimensions:
(1)
Maximum building coverage: 60%.
(2)
Minimum nonimpervious surfaces: 30%.
(3)
Maximum building size: four dwelling units in a row and 100 feet
in length.
(4)
Open space between buildings on the same lot: 30 feet.
(5)
Rear yard garage required.
(6)
All front, side and rear yards as required by this chapter.
E.
All apartments or other types of multiple-family dwellings shall
have the following dimensions:
F.
All multiple-family dwelling developments shall:
(1)
Consist of structures of an architectural style that emulates single-family
residences in building design, entrance and other architectural details.
(2)
Limit uniformity and monotony by limiting the repetition of colors,
materials and architectural details throughout the neighborhood. Buildings
should vary in appearance but share a common design style.
G.
Paved off-street parking areas shall be provided as follows:
(1)
On-site pedestrian and vehicle circulation shall be designed to limit
traffic hazards.
(2)
Two parking spaces per dwelling unit shall be required.
(3)
Parking and traffic circulation should include appropriate signs
and striping to direct traffic on and off site.
(4)
Sidewalks shall be provided, as appropriate, to connect the residential
units with parking areas, public streets, recreation areas and other
apartment building(s) and other existing sidewalks, if present.
H.
Buffer areas shall be used to maintain natural areas between multifamily
structures. Buffer strips shall consist of trees, hedges, dense plantings,
earth berms and other changes in grade.
I.
Landscaping and screening shall conform to the following minimum
standards:
(1)
Use of existing vegetation to the greatest extent possible.
(2)
Along road frontage, a ten-foot-wide landscaped buffer shall be provided
and designed so as not to obstruct sight distance at road access points.
(3)
Units shall be sited for maximum preservation of mature trees (trees
of 12 inches or more in diameter).
(4)
Clear cutting of the entire site area is prohibited.
(5)
Lighting provided on the site to ensure safe movement of persons
and vehicles and for security purposes shall conform to the following
standards:
(a)
All lighting shall be designed and arranged so as to minimize
glare and reflection on adjacent properties.
(b)
The maximum height of freestanding lights should not exceed
20 feet.
(c)
The source of the lights shall be shielded or located such that
it shall not be visible outside the boundaries of the parcel being
developed.
(6)
The Planning Board may require that all utilities, exclusive of transformers,
be placed underground at the time of initial construction. Required
utilities may include water, sewer, storm drainage, telephone, TV
cable, electricity, gas and wiring for streetlights.
(7)
Solid waste and recycling receptacles of adequate capacity shall
be provided for the maximum number of residents. Receptacles shall
be screened from view by fencing or landscaping and properly emptied
to prevent odor and unsanitary conditions. The receptacle shall be
designed to prevent loose litter.
(8)
Snow storage areas shall be indicated on the site plan and shall
not interfere with required parking or traffic circulation.
(9)
There shall be adequate provision for firefighting. The applicant
shall provide a fire-fighting plan to assure the required water quantity
will be readily available and that such water will be provided for
fire-fighting purposes.
J.
One sign per entrance that identifies the development is permitted
and should be compatible with the general environment of the project
site. Signs should conform to the following standards.
One accessory apartment may be located in an accessory structure
or a principal building, subject to special use permit approval and
provided that the following conditions are met:
A.
An accessory apartment may be located within a principal building
by right, provided the minimum acreage required for that principal
building is met.
B.
Such accessory structure shall meet the minimum lot size requirements required in the zoning district in which it is located, in addition to the lot requirements of the principal structure, and shall be considered one dwelling unit for calculation of density as per § 180-12.
C.
An accessory apartment shall be no larger than 50% of the total square
footage of the principal building, not including an unfinished basement.
D.
The owner of the one-family dwelling or lot in which the additional
dwelling unit is to be located shall ensure that the building and
grounds are maintained in good condition.
E.
There shall be no more than one accessory apartment unit per dwelling
or lot.
F.
The entry and design of the principal dwelling shall not be modified
in a manner which changes the appearance of the dwelling as a single-family
structure.
G.
In addition to the parking requirements for a single-family dwelling,
two off-street parking spaces shall be provided.
All requirements of Chapter 116 of the Town of Athens Town Code shall be met.
A.
The Planning Board may grant a special use permit for the operation
of an auto body or major repair shop, provided that:
(1)
Minimum size of lot. The site shall have frontage of at least 100
feet on a public road and shall have a depth of at least 100 feet.
Autobody repair shops designed to serve trucks larger than five tons
in capacity shall have sufficient additional frontage so that any
vehicle leaving the property may turn into the nearest lane of traffic
moving in the desired direction and be channeled within such lane
before crossing the nearest intersection or proceeding along the road,
and any vehicle entering the service station property may turn out
of the nearest lane of traffic without interfering with other traffic.
(2)
The following setbacks or yard control dimensions for this use shall
be required, but in no case shall any yard be less than required on
the Table of Dimensional Requirements:[1]
(a)
Minimum front setback. All structures, except underground tanks,
shall be 45 feet from the road right-of-way.
(b)
Minimum side yard. The minimum side yard shall be 10 feet, except
that all buildings shall be set back at least 50 feet from the side
lot line if abutting a residence district.
(c)
Minimum rear yard. The minimum rear yard shall be 30 feet.
[1]
Editor's Note: See Table 2, which is included at the end of this chapter.
B.
Driveways and service apron.
(1)
There shall be no more than two driveways entering a single road.
Such driveways shall be no closer to each other than 15 feet, measured
along the road line, and shall be at least 30 feet from any intersection
of public roads and 10 feet from any side lot line. Driveways shall
not be more than 30 feet wide nor less than 20 feet wide at the curbline.
(2)
All driveways, parking or standing areas, including the service apron,
shall be permanently improved with a paved surface. Adequate provision
shall be made for the collection and disposal of stormwater onto adjoining
property or across a public sidewalk. Stormwater runoff shall not
be discharged into a public street without the prior approval of the
Town Superintendent of Highways.
C.
All repair and service work, including car washing, but excluding
emergency service and the sale of fuels and lubricants, shall be conducted
entirely within a building and shall be performed only between the
hours of 7:00 a.m. and 10:00 p.m. The number of vehicles outside at
any one time shall not exceed the number of parking spaces designated
on the site plan. The Planning Board may also limit the amount of
overnight parking and require suitable fencing to protect surrounding
properties. Where wrecked vehicles are impounded on the site at the
direction of a duly authorized law enforcement agency, such wrecked
vehicles shall be removed from the property as soon as possible. Such
wrecked vehicles may be stored in an outside area, provided that such
area is fenced with an opaque fence of sufficient height so as to
conceal the vehicles from ground-level view from the public road or
from any adjacent properties in a residential district, but not higher
than 10 feet.
D.
There shall be no dumping of waste materials, such as oil or grease,
except in a closed, aboveground, noncorrosive receptacle. Debris and
trash shall be deposited in receptacles maintained for that purpose.
E.
There shall be no residence or sleeping quarters maintained in any
autobody repair shop.
A.
Beds-and-breakfasts shall be owner-occupied, and their certificates
of occupancy shall so stipulate.
B.
Unless otherwise allowed by the Planning Board, off-street parking
shall not be located in a front yard and shall be screened from roads
and adjacent properties so as to provide no variation from the residential
character of the site. Off-street parking spaces for members of the
owner's family residing in the dwelling unit as well as one parking
space per room shall be provided.
C.
Each bed-and-breakfast shall be established, maintained and operated
so as to preserve and complement the residential character and integrity
of the surrounding area.
D.
No guest shall stay for a period of time in excess of 30 consecutive
days.
E.
Each bedroom occupied by a paying guest shall be equipped with a
properly installed and functioning smoke detector. Further, a smoke
detector shall be properly installed and functioning on or near the
ceiling in the room or hallway from which each bedroom rented to paying
guests exists.
F.
The Code Enforcement Officer shall be given such access to the dwelling
on an annual basis for the purpose of making inspections to ensure
compliance with all federal, state and local codes, rules and regulations,
including the New York State Uniform Fire Prevention and Building
Code.[1] An operating permit and firesafety site inspection shall
take place annually. Upon issuance of a special use permit for a bed-and-breakfast,
the owner shall give written permission for periodic site inspection
by the Code Enforcement Officer.
[1]
Editor's Note: See Executive Law § 370 et seq.
G.
A single exterior sign or display may be established on the site
of the bed-and-breakfast. Said sign or display shall not exceed six
square feet in area. No freestanding sign shall be located less than
15 feet from the front property line or less than five feet from the
side property line. Further, said sign or display shall be as unobtrusive
as reasonably possible and may be illuminated by no more than two
seventy-five-watt light bulbs which shall be shielded so as to prevent
glare, etc.
H.
During site plan review, the Planning Board shall consider the:
(1)
Adequacy and arrangement of vehicle traffic access and circulation.
(2)
Location, arrangement, appearance and sufficiency of off-street parking.
(3)
Location, arrangement, size and design of lighting and signs.
(4)
Relationship and compatibility of proposed use (bed-and-breakfast)
to uses of adjacent parcels in the immediate vicinity, together with
their scale.
(5)
Adequacy, type and arrangement of trees, shrubs, fences and other
landscaping or improvement constituting a visual or noise-deterring
buffer between the site and adjacent or adjoining uses.
A.
Fueling stations shall be permitted only on lots of 1 1/2 acres
or more, with 250 feet minimum road frontage.
B.
Except for access drives, no structures, facilities, parking for
vehicles or vehicular or related activities shall encroach in the
required setbacks.
C.
No fuel pump shall be located closer than 20 feet from any side lot
line nor closer than 35 feet from any street line, measured from the
outside of the fuel island. Pumps should be sited to the side or rear
of the structure to the extent practicable.
D.
Storage shall be within a completely enclosed building which has
a maximum height of 25 feet.
E.
The Planning Board may limit the number of gas or other fuel pumps
to ensure consistency in scale between the gas filling station and
adjacent land uses.
F.
There shall be no unnecessary or unsafe glare from canopy islands
outside the boundaries of the site.
G.
All canopy lights shall be recessed with no bulb, lens or globes
extending below the casing or canopy ceiling.
H.
No signs shall be allowed on the canopy mansard, fascia or roof area
covering gas dispensers.
I.
There shall be no amplified sound audible at property lines.
J.
All pumps, pump islands, tanks, piping and canopies shall be removed
when fuel-dispensing activity has been inactive for a period of 12
months.
K.
The canopy shall reflect the design of the building and be consistent
with the main structure's roofline.
L.
Construction, maintenance and inspection of any fueling station shall
use all applicable federal, state and county environmental protection
and mitigation requirements relative to installation, use and removal
of tanks and pumps.
M.
The Planning Board shall require a traffic impact analysis.
N.
Applicants shall prepare, and maintain on site, an acceptable spill
prevention, control and countermeasure plan prepared under the supervision
of a professional licensed engineer.
O.
The special use permit shall require that employees be up-to-date
in spill prevention training.
P.
The Planning Board may limit hours of operation or limit acceptable
hours of fuel delivery where a fueling station is adjacent to residential
uses.
Q.
Applicants shall evaluate site conditions and provide information,
analysis and evidence that the proposed gasoline filling station will
not degrade the quality of groundwater. Mitigation measures, including,
but not limited to, use of steel aboveground tanks encased in concrete,
shall be implemented to reduce or eliminate risks to groundwater.
A.
Animal waste shall be disposed of in a manner acceptable to the Department
of Health.
B.
Crematoria or land burial of animals in association with a commercial
kennel or veterinary hospital shall be reviewed as part of the special
use permit.
C.
The minimum area required shall be two acres.
D.
All facilities associated directly with the kennel or veterinary
hospital, whether indoors or outdoors, shall be set back a minimum
of 100 feet from any property line.
E.
Parking, wherever practical, shall be located behind the front line
of the principal building to the side or rear of the structure.
F.
The Planning Board shall evaluate potential noise impacts and shall
minimize negative impacts on adjacent uses, which may include soundproofing.
G.
The Planning Board may require screening of outdoor runs from view.
Motels, resorts and eating or drinking establishments shall
be designed, laid out and landscaped to fit into the natural landscape
and not diminish the character of the district. Particular attention
shall be given to visual, sound and traffic impact. If the Planning
Board determines that these or other standards cannot be adequately
met or the negative impact minimized through additional requirements,
the special use permit shall be denied.
A.
Wind energy conversion systems (WECSs) located on a nonagricultural
parcel. Only one wind energy system per legal nonagricultural parcel
shall be allowed, except when a clustered subdivision occurs. In that
case, the Planning Board shall determine the appropriate location
for WECSs for the subdivision.
B.
WECSs located on an agricultural parcel. All WECSs proposed to be
located in a New York State certified agricultural district shall
be a permitted use subject to site plan review. More than one WECS
shall be allowed per legal parcel, limited to the minimum number of
WECSs needed to meet on-farm electrical needs. When electrical output
from a WECS consistently results in net-metering and excess electricity
is sold back to the electrical grid, then no additional WECSs can
be installed on the property. During site plan review, the Planning
Board shall review proposed total output of the WECSs in kWh, along
with proof of the agricultural uses total electrical needs in order
to determine if it is likely that net-metering will occur.
C.
Wind energy system height shall be limited to 100 feet.
D.
Setback. The distance between a wind energy conversion system and
the property line shall be at least the height of the wind energy
conversion system.
E.
Noise. Wind energy systems shall not exceed 60 dBA, as measured at
the closest property line. The level, however, may be exceeded during
short-term events such as severe wind storms.
F.
Compliance with Building Code of New York State. A building permit
shall be required prior to construction. An engineering analysis of
the tower showing compliance with the manufacturer's installation
instructions or certified by a licensed professional engineer shall
be submitted as part of the building permit application.
G.
Compliance with other regulatory agencies. Wind energy systems must
comply with all applicable regulations, including any necessary approvals
for installations, as needed from state, county or other regulatory
agencies (for example, the FAA when the tower is proposed close to
airports).
H.
Abandonment of use. A wind energy system which is not in use for
18 successive months shall be deemed abandoned and dismantled and
removed from the property at the expense of the property owner.
I.
Visual disruption. The system's tower and blades shall be painted
a nonreflective, unobtrusive color that blends the system and its
components into the surrounding landscape, to the extent reasonably
possible, and incorporates nonreflective surfaces to minimize any
visual disruption.
Any proposed development shall be designed and constructed in
order to meet the following:
B.
Soil limitations. Developers or other land users are to permanently
overcome all limitations of soils with moderate and severe limitation
so that no detrimental effect will occur to local units of government
or future owners.
C.
Soil stability. Buildings or other permanent facilities are to be
confined to soils that are not subject to slippage or other conditions
of soil instability.
D.
Water resource areas. The environmental quality of water, lake shores,
river shores and stream banks is to be conserved.
E.
Groundwater resources. Land use is to be planned so as to maintain
or enhance the quality and quantity of groundwater resources. Significant
recharge areas must be protected.
F.
Wetlands. The significance of wetlands shall be carefully evaluated
by the Planning Board or Zoning Board of Appeals prior to disturbing
the material state of wetlands.
G.
Natural environmental features. A sufficient amount of natural environmental
features is to be protected to maintain the character of the area.
H.
Open space. Open space is to be an integral part of any development
in sufficient quantity to accommodate the intensity of use. Open space
may include features such as stream belts, wetlands, parklands, unique
lands and open farmlands, as well as other lands where rare and endangered
species are found.
[Added 7-5-2017 by L.L.
No. 2-2017]
A.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
GROUND-MOUNTED SOLAR ENERGY SYSTEM
LARGE-SCALE SOLAR ENERGY SYSTEM
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions. As used in this section, the following terms shall have the meanings indicated. The definitions contained in § 180-3 shall also apply to this section.
A combination of photovoltaic building components integrated
into any building structure, such as vertical facades including glass
and other facade material, semitransparent skylight systems, roofing
materials, and shading over windows, that maintain a uniform profile
or surface of vertical walls, window openings, and roofing.
A solar energy system that is anchored to the ground, attached
to a pole or other mounting system, and detached from any other structure,
and which produces energy primarily (or solely) for the purpose of
on-site consumption.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
A solar energy system in which solar panels are mounted on
the roof of any legally permitted building either as a flush-mounted
system or as modules fixed to frames which can be titled toward the
south at an optimal angle.
Electrical energy storage devices, material, hardware, utility
interconnection, inverters, or other electrical equipment and conduit
of photovoltaic devices associated with the production of electrical
energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment. Solar energy systems
are not considered "agricultural structures" as defined and used in
this chapter.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
B.
Applicability. This section applies to all solar energy systems proposed
to be constructed after the effective date of this section, excluding
building-integrated photovoltaic systems and general maintenance and
repair of existing solar energy systems. This section also applies
to physical modifications that materially alter the type, configuration,
or size of a solar energy system or related equipment.
C.
Solar as an accessory use or structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity on
site or off site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building, subject to the following
requirements:
[1]
Building permits shall be required for installation of all roof-mounted
solar energy systems.
[2]
Roof-mounted solar energy systems shall not exceed the maximum
height restrictions contained in Table 2, Density and Dimensions.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
[3]
When feasible, solar panels facing the front yard must be mounted
at the same angle as the roof's surface with a maximum distance of
18 inches between the roof and the highest edge of the solar panels
at maximum tilt.
[4]
Roof-mounted solar energy systems shall be constructed and operated
in compliance with the New York State Uniform Fire Prevention and
Building Code.
(b)
Roof-mounted solar energy systems that use the energy on site
or off site shall be exempt from site plan review under the local
zoning code or other land use regulations.
(2)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the electricity
primarily on site are permitted as accessory structures in all zoning
districts, subject to the following requirements:
[1]
Building permits shall be required for installation of all ground-mounted
solar energy systems.
[2]
Ground-mounted solar energy systems shall adhere to the height,
setback, and maximum percent parcel coverage of the underlying zoning
district, as shown in Table 2, Density and Dimensions.[2] In determining the maximum percent parcel coverage, the
total square footage of the solar panels, along with the impervious
footprint of the solar energy systems, shall be included along with
any other structures on the parcel.
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
[3]
In residential districts, no ground-mounted solar energy systems
shall be installed in front yards.
[4]
Ground-mounted solar energy systems shall be screened when possible
and practicable from adjoining lots and street rights-of-way through
the use of architectural features, earth berms, landscaping, fencing
or other screening which harmonizes with the character of the property
and the surrounding area to the extent that the screening does not
interfere with normal operation of the solar energy systems.
[5]
Ground-mounted solar energy systems shall not be sited within
any required buffer area.
[6]
Ground-mounted solar energy systems shall be constructed and
operated in compliance with the New York State Uniform Fire Prevention
and Building Code.
(b)
Ground-mounted solar energy systems that use the electricity
primarily on site shall be exempt from site plan review under the
local zoning code or other land use regulations.
D.
Approval standards for large-scale solar energy systems as a special
use.
(1)
Large-scale solar energy systems are permitted within MUC, LI-1, and LI-2, subject to site plan review pursuant to § 180-55 by the Planning Board and the following supplementary regulations contained in this section.
(2)
Building permits shall be required for installation of all large-scale
solar energy systems.
(3)
Site plan application requirements. Any application under this section shall meet any substantive provisions contained in § 180-55D that, in the judgment of the Planning Board, are applicable to the solar energy system being proposed. In addition, the following documentation, as applicable, shall be submitted for any large-scale solar energy system:
(a)
If the property of the proposed project is to be leased, documentation
of legal consent between all parties, specifying the use of the land
for the duration of the project, including easements and other agreements;
(b)
Blueprints showing the layouts of the solar energy system signed
by a professional engineer or registered architect;
(c)
Equipment specification sheets for all solar panels, and significant
components, mounting systems, and inverters that are to be installed;
(d)
A property operation and maintenance plan that describes how
the solar energy system and property on which it is located will be
maintained, including measures for maintaining safe access to the
system and a description of how ground cover and screening plantings
will be maintained (i.e., mowing and trimming);
(e)
A decommissioning plan that meets the requirements of § 180-52D(5);
(f)
If requested, documentation detailing the available capacity
of the region's existing electric infrastructure and the effect the
proposed facility will have on this infrastructure; and
(g)
A site plan, showing the following elements, in addition to the elements listed in § 180-55D(7) as applicable to the project:
[1]
The location of proposed and existing overhead and underground
utility and transmission lines;
[2]
The location of any proposed or existing substation, inverter,
transformer or equipment enclosures on the site;
[3]
If requested, a description of any necessary upgrades or modifications
to existing substations or the necessity for a new substation;
[4]
A description of how the solar energy system's generated energy
will connect to the electrical distribution or transmission system
or the intended user's electrical system;
[5]
The location and elevations of all transmission lines, support
structures, and attachments to the substation(s); and
[6]
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, screening vegetation or
structures.
(4)
Site plan review standards.
(a)
Large-scale solar energy systems shall adhere to the height,
setback, and maximum percent parcel coverage of the underlying zoning
district, as shown in Table 2, Density and Dimensions.[3] In determining the maximum percent parcel coverage, the
total square footage of the solar panels, along with the impervious
footprint of the solar energy systems shall be included.
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
(b)
Large-scale solar energy systems shall be enclosed by perimeter
fencing 8 1/2 feet tall to restrict unauthorized access. Clearly
visible warning signs with the owner's contact information shall be
posted at the entrance and perimeter of the fencing.
(c)
Solar energy equipment, and accessory structures shall, to the
extent reasonably possible, use materials, colors, and textures that
will blend the solar energy system with the existing environment.
(d)
Appropriate landscaping and/or screening materials may be required
to mitigate adverse aesthetic impacts and help screen the solar energy
system and accessory structures from roadways and adjacent properties.
(e)
Reasonable efforts, as determined by the Planning Board, shall
be made to place all on-site power lines underground, depending on
the appropriate soil conditions, shape, and topography of the site
and any requirements of the utility provider. On-site transformers
and the utility interconnection equipment shall, to the maximum extent
practicable, be placed on the ground and not on utility poles. The
location of all proposed equipment, including the proposed utility
interconnection, shall be shown on the site plan. If at the time of
the site plan approval the final utility interconnection has not been
designed and/or approved by the utility company, the Planning Board
may conditionally approve the site plan with the condition that the
applicant return for final site plan review once the interconnection
has been designed.
(f)
The Planning Board may impose conditions on its approval of
any site plan under this section in order to enforce the standards
referred to in this section or in order to discharge its obligations
under the State Environmental Quality Review Act (SEQRA).
(5)
Decommissioning plan. To ensure the proper removal of large-scale
solar energy systems, a decommissioning plan that meets the following
requirements shall be required for all large-scale solar energy systems:
(a)
Compliance with this plan shall be made a condition of site
plan approval.
(b)
Decommissioning requires removal of the solar energy system,
including but not limited to removal of solar panels, solar energy
equipment, associated buildings, cabling, electrical components, and
any other associated facilities below grade as described in the approved
decommissioning plan.
(c)
The decommissioning plan must:
[1]
Specify that after the large-scale solar energy system has been
abandoned or can no longer be used, it shall be removed by the applicant
or any subsequent owner;
[2]
Describe how the removal of all infrastructure and the remediation
of soil and vegetation shall be conducted to return the site to its
original state prior to construction. For purposes of this section,
"original state" requires restoration of vegetative cover;
[3]
Provide for the removal of all hazardous materials from the
property and disposition of hazardous material in accordance with
federal and state law;
[4]
Describe the anticipated life of the large-scale solar energy
system;
[5]
Include a cost estimate, which takes into account inflation,
prepared by a professional engineer detailing the projected cost of
executing the decommissioning plan; and
[6]
Include a timeline for execution, not to exceed one year.
(d)
Prior to the issuance of a certificate of compliance from the
Code Enforcement Officer, the applicant must provide the Town with
a performance guarantee as provided below. The amount of the guarantee
shall be 1.25 times the estimated decommissioning cost minus the salvageable
value or $50,000, whichever is greater.
[1]
The following types of performance guarantees are permitted:
[a]
A surety or performance bond that renews automatically,
includes a minimum sixty-day notice to the Town prior to cancellation,
is approved by the Town Attorney, and is from a company on the United
States Department of Treasury's Listing of Certified Companies.
[b]
A certified check deposited with the Town to be
deposited by the Town in an interest-bearing account, with all interest
accruing to the applicant. The Town shall be permitted to draw from
the account in the event that the applicant fails to carry out the
decommissioning plan. Funds deposited with the county finance director
will be returned when the system is decommissioned and any required
site restoration is completed.
[c]
A no-contest irrevocable letter of credit issued
by a banking corporation licensed to do business in the State of New
York. The terms of the letter must include the absolute right of the
Town to withdraw funds from the bank upon certification by the Code
Enforcement Officer that the terms of the performance guarantee have
been breached. The letter of credit must be valid up to 12 months
from the date the performance guarantee was approved and shall be
continuously renewed or extended until the decommissioning plan is
carried out.
[2]
The full amount of the surety or bond, certified check, or letter
of credit must remain in full force and effect until the large-scale
solar energy system is decommissioned and the necessary site restoration
is complete. Any successor in interest to the applicant shall be subject
to these provisions to the same extent as the original applicant.
(6)
Modifications. All material modifications to a large-scale solar
energy system made after initial site plan approval and the issuance
of the required building permit shall require approval by the Planning
Board.
(7)
Abandonment and decommissioning. Large-scale solar energy systems
are considered abandoned after one year without active and continuous
electrical generation and shall be decommissioned and removed from
the property at the owner's or operator's expense pursuant to the
decommissioning plan submitted with the applicant's site plan application.
If the large-scale solar energy system is not decommissioned after
being considered abandoned, the Town may, in addition to the Town's
other available remedies, remove the system, restore the property,
and impose a lien on the property to cover these costs to the Town.
(8)
Safety. The large-scale solar energy system owner or operator shall
provide a copy of the blueprints and site plan to the local fire chief(s).
Upon request, the owner or operator shall cooperate with local emergency
services to develop an emergency response plan. All means of shutting
down the solar energy system shall be clearly marked.
(9)
Compliance with laws, ordinances, and regulations. The construction
and operation of all large-scale solar energy systems shall be in
compliance with all applicable local, state, and federal laws, ordinances,
and regulations, including but not limited to all applicable safety,
construction, electrical, and communications requirements.
[Added 11-10-2022 by L.L. No. 1-2022]
A.
Restaurants with banquet facilities where commercial event venues
are accessory to the restaurant shall not be subject to this section.
B.
No vehicles associated with the event shall be permitted to be parked
on public roadways. All vehicle parking shall be maintained "on site."
"On site" is defined as at least 100 feet from the property boundaries
of the parcel on which the event is permitted.
C.
One parking space for every four persons attending the event shall
be provided for on-site parking. The board may approve, in its discretion,
the use of off-site parking as an alternative, with transportation
to the site by attendees through a commercial transportation service.
D.
The general event area [the actual location(s) in which the gathering is to occur] shall be located 300 feet from adjacent owners' property lines. All activities associated with the use are to be included within the general event area, the only exception being the parking as allowed by Subsection B above.
E.
Sources of amplified sound, including but not limited to recorded
music, live musical performances, and spoken word, shall commence
no earlier than 12:00 noon and shall be terminated by 10:00 p.m. Tents,
pavilions and other open/nonenclosed structures shall be considered
an acceptable location for the source of amplified sound as referenced
in this code section.
F.
Fireworks, firecrackers and/or loud reports displays are not allowed
except as permitted by an agency or department of the State of New
York.
G.
No overnight accommodations shall be provided in temporary structures
such as tents or recreational vehicles. Any venues which provide overnight
accommodations must comply with all applicable codes and laws related
to the provision of said accommodations.
H.
No alcoholic beverages are permitted to be sold. Food and alcoholic
beverages may be consumed on site.
I.
No more than 300 persons are allowed at a special event venue.
J.
Adequate sanitary restroom facilities shall be provided on site,
and the type, design and location of such facilities and the method
of sewage disposal from restroom facilities shall be subject to the
approval of the Planning Board.
K.
In each year subsequent to the special permit approval, a person
holding a special permit under this section shall submit to the Planning
Board a schedule of events for the calendar year. Said submittal shall
be made no later than April 1. At that time, the permit holder shall
identify any changes that have been made to the venue site since prior
events. Material changes shall trigger the need to apply to the Town
of Athens Planning Board for a modified site plan approval. At that
time, the permit holder shall also pay the appropriate fee based on
the proposed schedule of events. The Planning Board shall be notified
in advance of additional events not appearing on the original schedule
of events for that year. Such submittal to the Planning Board shall
also include, for each event listed in the schedule of events, the
name and phone number of the owner or agent of the owner who shall
be on site for said event.
L.
There shall be a fee paid at the time of the initial application
and additional fees upon Planning Board approval based upon the number
of anticipated events. The amount of fees shall be established in
a schedule of fees set from time to time by resolution of the Town
Board. Not-for-profit organizations shall be exempt from fees. The
gathering of the same group, or portions of the same group, on consecutive
days shall constitute one event.
