Article VII Special Use Permits

§ 132-33 Regulations for special use permits.

Authority.

The Planning Board is hereby empowered to grant special use permit approval in accordance with the provisions of § 274-b of the New York State Town Law and the powers reserved to the town pursuant to the Municipal Home Rule Law. Those identified activities and developments requiring special use permit approval as a prerequisite shall also require site plan approval in accord with Article VIII of this chapter.

(2)

The Planning Board shall hold a public hearing, give notice to the applicant and County Planning Board and give decision on the issuance of the special use permit in accord with the requirements of § 274-b of the New York State Town Law.

(3)

The uses specified in this chapter requiring a special use permit are hereby declared to possess unique characteristics, so that each proposal for any such use shall be considered by the Planning Board as an individual case. Special use permits may be approved by the Planning Board and issued by the Zoning Enforcement Officer only after the Planning Board has found that each and all of the following standards have been met:

(a)

The proposed special use is consistent with the general intent of the town's Master Plan and with each of the specific purposes set forth in this chapter.

(b)

The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.

(c)

Operation of the proposed special use is no more objectionable to the uses of nearby properties, by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would the operation of any permitted use.

(d)

The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the town's natural resource base and the value of property.

(e)

No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site plan approval has been granted by the Town Planning Board and zoning, building or occupancy permits have been issued by the Zoning Enforcement Officer.

(f)

Any special use permit which is not exercised within one year from the date of issuance shall thereon automatically expire.

(g)

The Zoning Enforcement Officer shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said visit is to ensure that the use is being operated in accord with the conditions specified by the Planning Board. If the Zoning Enforcement Officer shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.

Who may apply:

(1)

The current owner of the property.

(2)

A renter or lessee of the property.

(a)

One copy of the rental agreement shall accompany the application.

(b)

If the rental agreement does not clearly show that the tenant has the landlord's permission, a separate statement to that effect shall also accompany the application.

(3)

A prospective purchaser. One copy of the purchase offer clearly showing that a zoning contingency is part of the offer shall be submitted with the application.

§ 132-34 Dog kennels.

Dog kennels are permitted as a special use in the Ag District if the following conditions are met:

No kennel or pasture shall be closer than 200 feet from the nearest lot line or street line.

All kennels are to be to the rear of the rear line of the primary structure and completely and permanently fenced sufficiently high enough to contain all dogs at all times, and a minimum of four feet high.

All dogs shall be quartered inside between darkness and dawn hours.

No more than 20 dogs are permitted at any one time.

Sewage disposal and water supply shall be approved by the appropriate health authorities.

§ 132-35 Campgrounds.

The minimum area for a campground shall be 10 acres, of which at least 20% shall be maintained as open space.

All campgrounds must meet all the requirements of the appropriate health authorities and shall have their approval prior to the issuance of any permit, except that pit privies are not permitted.

The following site requirements for a campground shall be required:

(1)

Tent sites: 1,500 square feet.

(2)

Camping trailer, self-contained or attached to vehicle: 2,000 square feet.

Each site shall have toilet facilities located not further than 300 feet from the site.

Sites for self-contained trailers, attached or detached to a vehicle, shall be provided with approved electrical connections and water supply connections; tent sites shall have a water supply, not more than 300 feet from the sites.

Every site shall have at least one refuse container.

The campground shall have roads of at least 20 feet in width with such roads having a dust-free pavement.

No site shall be located closer than 300 feet to any adjacent residential lot or district.

A buffer area of at least 100 feet shall be provided adjacent to all property lines.

One permanent structure shall be provided for registration, communications and use of the guests of the park. All other uses within the structure shall be approved by the Board of Appeals.

There shall be an attendant of at least 18 years of age on duty while the campground is occupied.

Each application for a campground permit shall contain site layouts, streets, provision for lighting, recreational area, location of all structures, water and sewer, and buffer areas, drawn to scale.

No campsite may be permanently occupied more than six months in any one year.

Speed limit shall be 10 miles per hour.

Trash removal shall be picked up daily.

A minimum distance of 20 feet is required between structures used for sleeping accommodations.

§ 132-36 Private airfields and landing strips.

All private airfields and landing strips shall comply with the regulation of the appropriate federal and state agencies.

No commercial flying lessons that utilize aircraft shall be permitted without the approval of the Board of Appeals, who may stipulate appropriate conditions.

§ 132-37 Large-scale commercial-recreational developments.

The Agricultural-Conservation District provides the opportunity for various recreational uses, such as winter and summer sports, i.e., snowmobiling, trail bike/motorcycling, ski trails and related activities. Any development shall require a site plan review and approval by the Planning Board. These following requirements must be met:

Such a development shall contain at least 100 acres.

The applicant shall provide a plan drawn to scale of one inch equals 400 feet and signed by a licensed engineer which shall contain the following information:

(1)

Existing topographical slopes at ten-foot intervals and finished grade slopes at the same intervals.

(2)

Layout of all structures and uses, to scale, including proposed lighting, sewage, water systems, drainage, streets, roads, parking, easements, etc.

(3)

The application shall also contain an environmental impact statement that shall address itself to the effects that the development may have on noise, water, air pollution and aesthetic environment, including listing alternatives available to minimize the effects that the development will have on the environment.

No use or structure located in this type of development shall be located closer than 300 feet to any adjacent property line.

All street, road layouts, drainage, etc., shall conform to Chapter 116, Subdivision of Land.

§ 132-38 Gasoline service stations and public garages.

In addition to the information required in the special permit application of this chapter, the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed. No service stations shall be erected within 1,500 feet of another station in any direction from lot line to lot line.

The lot and yard specifications shall be as stipulated in the schedule.[1] All garage and filling station pumps, lubricating or other automobile service devices shall be located at least 20 feet from any street line or highway right-of-way. All fuel oil or other flammable substances shall be stored at least 20 feet distant from any street or lot lines.

[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

The entire area of the site traveled by motor vehicles shall be hard surfaces.

No motor vehicle shall be offered for sale on this site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Outside the building accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of all oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect operation of the establishment. This does not include vehicles being repaired or serviced in daily operation of the service station.

No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution, or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

Where such service stations abut a residential zone, they shall be screened by a buffer area no less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen will have a minimum height of six feet above finished grade at the highest point of the parking area. The materials shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide adequate screen, the Zoning Inspector may direct the property owner to replace said shrubs.

All service stations shall be attendant-operated during business hours.

§ 132-39 Small-scale mining.

[Amended 2-13-2006 by L.L. No. 2-2006]

Special use permit and site plan approval requirements.

(1)

Any person who proposes the removal of fewer than 1,000 tons or 750 cubic yards of natural products from the earth within 12 successive calendar months, or expands an existing pit, must obtain a special use permit from the Planning Board in accordance with the requirements of this section.

(2)

Additionally, site plan approval from the Planning Board, pursuant to Article VIII of this chapter, is also required.

Standards and procedures for small-scale mining.

(1)

Standards for small-scale mines. Before granting a special use permit, the Planning Board shall determine that:

(a)

All lands to be covered by the permit are owned, leased, rented or otherwise controlled by the applicant.

(b)

The minimum lot area for any such use shall be five acres.

(c)

All buildings and structures used in such operation shall be dismantled and removed or converted to an acceptably approved use as part of the approved reclamation plan.

(d)

The proposed excavation, quarrying and/or associated activity will not endanger the stability of adjacent structures nor constitute a detriment to public health, safety, welfare or convenience by reason of excessive dust, noise, traffic or other conditions before, during or after extraction.

(e)

The extraction site will not substantially encircle any residential or other use without the written consent of the owner and residents.

(f)

The operation will not adversely affect any wetland, watercourse, residential, commercial or municipal water supply or sewage disposal system.

(g)

The operation will not adversely affect any valuable environmental, scenic, cultural or historic features in the area.

(h)

Screening may be required in such a manner as to screen all activities from public view to the extent feasible.

(i)

No excavation or other mine-related activities shall be conducted within:

[1]

One thousand feet of any school, playground or public gathering place;

[2]

One hundred feet of any designated wetlands as determined by the NYSDEC;

[3]

One hundred feet of any public right-of-way;

[4]

One hundred feet of any property line or boundary;

[5]

Five hundred feet of a dwelling.

(j)

At any given time, the total size of actively mined areas shall not exceed five acres. Each mined area shall be reclaimed before beginning the next area to be mined.

(k)

The final slope of the mine shall conform to the grading specifications contained in the NYSDEC MLRL.

(l)

No mining or other mine-related activities will be conducted on Sundays or holidays, nor between the hours of 6:00 p.m. and 7:00 a.m. on Mondays through Saturdays. Further restrictions may be placed on the permit.

(m)

Mining activities at the site are restricted to excavation and removal of minerals from the site. Processing of minerals (i.e., washing, screening or mixing with materials from off-site, etc.) shall be prohibited.

(n)

Appropriate transportation facilities, including roads and bridges, exist, or can be economically provided, to safely transport natural products mined within the Town.

(2)

Procedures for small-scale mines.

(a)

In addition to the site plan review application required by Article VIII and fulfilling the requirements of this section, the applicant shall submit the following documents:

[1]

A mined land use plan, consisting of a mining plan and a reclamation plan, presented in both graphic and written form; and

[2]

An environmental assessment form.

(b)

The Town shall bear no costs for those consultant reviews deemed necessary by the Town pertaining to the project or the permitting process. Prior to the Town incurring any costs necessary for its deliberations and chargeable to the applicant, the Planning Board shall advise the applicant of said costs and obtain the applicant's agreement to bear such costs.

(c)

The applicant shall furnish the Planning Board with all information in his possession which might affect its decision. In addition, the applicant shall be responsible for promptly providing the Planning Board with any new information or circumstances since the filing date of the application.

(d)

Any permit, when issued, shall explicitly state all operating conditions which are necessary to assure compliance with this section, applicable Town and state laws, ordinances, regulations, and operational procedures designed to minimize physical and aesthetic damage to the environment.

(e)

Each extraction site shall be governed by an individual permit. If an operating group conducts extraction operations at more than one site in the Town of Naples, his conduct at all sites shall be considered in determining the provisions of each special use permit and may be grounds for denial or restriction of such permit.

Review of permits for small-scale mines.

(1)

If approved, the special use permit shall be issued by the Planning Board for a three-year period, subject to annual inspection by the Planning Board or its designee, and to revocation for a finding of noncompliance with any condition of the permit.

(2)

The applicant is required to renew the special use permit every three years. The Planning Board shall review the history of the mining operation, the results of the annual inspections, and the conditions attached to the original permit for possible modifications.

(3)

All holders of permits shall advise the Planning Board of any change of facts and conditions which might affect their ability to operate under the permit.

(4)

Immediately after any change of ownership of any extraction site or the persons or entities directly responsible for its operation, the new owner or operator shall apply for a new permit, indicating on the application any existing or anticipated changes from the data, plans and/or conditions supporting or included in the previous permit.

(5)

Each site shall be inspected for compliance by the Zoning Enforcement Officer prior to any permit renewal. A written report of such inspection and its findings shall be made to the Planning Board. Such inspections may be financed by a fee system established by the Town Board.

(6)

Each permit shall contain provisions which effect its suspension in the event of a finding of noncompliance with any term or condition of operation.

Reclamation standards and requirements for small-scale mines. The reclamation plan shall meet the following standards and requirements:

(1)

Timetable. The reclamation plan shall include a timetable illustrating the progression of reclamation during the permit terms.

(2)

Drainage and water resource protection. All final site drainage shall be designed, sloped, revegetated or treated by other measures so that drainage patterns, including volume and outflow points, will be the same as before the mining occurred, unless an alteration of patterns would improve drainage in the surrounding area. Measures must be specified to prevent erosion and sedimentation of wetlands, watercourses, ponds, and public thoroughfares, and an erosion and sedimentation plan meeting the criteria contained in New York Guidelines for Urban Erosion Control and Resource Extraction Management Practices Cataloge for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State. These best management practices shall be approved by the Planning Board. The pre-mining quality of any underlying aquifer must be preserved.

(3)

Slopes. All mining structures and accessories, as well as means of ingress and egress, shall be subject to the steep slope requirements of § 132-30 of this chapter.

(4)

Reclamation material. All restoration material used in the final grading of the site shall be free from refuse or toxic contaminants, and shall be compacted as much as is practical, such as by installation in layers. All spoil and unused mineral stockpiles must either be removed from the permit area or utilized during reclamation of the affected land. All toxic debris and waste, including petroleum products, shall be removed from the mining site for proper disposal.

(5)

Soil cover. Final soil depths and types shall be appropriate for the expected reuse specified in the application. Topsoil shall be respread over the excavated area to a minimum depth of six inches. If the original soil depth was less than six inches, restoration shall be to a minimum of the original depth. This restored soil shall be treated with lime and fertilizer and seeded with a grass or legume mixture prescribed by New York Guidelines for Urban Erosion Control.

(6)

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

(7)

Revegetation. Revegetation of the site to control dust and erosion and to restore the natural character is required. The operator shall maintain the vegetation for two growing seasons to ensure viability. Standards and specifications for revegetation shall be in accordance with recommendations of the New York Guidelines for Urban Erosion Control.

(8)

Surety requirements. After the approval of the application and before the issuance of any permit, a letter of credit in an amount approved by the Town Planning Board shall be required. The letter of credit, certified check, or other surety as allowed by law shall guarantee that the work shall be in conformity with the permit requirements and the standards set forth in this section, and provide fluids for the restoration of the property by the Town, if necessary.

Applicability and registration requirements for preexisting small-scale mines. The following regulations shall apply to preexisting small-scale mines. All small-scale mines legally existing as of the date of the enactment of this chapter shall be grandfathered from the application of this chapter, except for the renewal and registration requirements listed below.

(1)

Renewal.

(a)

The special use permit renewal provisions of Subsection C and § 132-33 shall be retroactively applied to existing small-scale mines which are currently operating under a special use permit issued by the Town of Naples, or those operating prior to the adoption of this chapter in 1974.

(b)

Any small-scale mine which was established without the issuance of the necessary special use permit or other applicable Town permits or has ceased operations for a period of two years, pursuant to § 132-52E of this chapter, shall not be grandfathered pursuant to this chapter. Reestablishment of the operation of the mine or continued operation shall require the issuance of a special use permit pursuant to this section and § 132-33.

(2)

Registration.

(a)

Legally existing small-scale mines operating under a valid special use permit or those operating prior to the 1974 adoption of zoning shall be required to register as a condition for the continued operation of the small-scale mine under the requirements of this chapter.

(b)

Requests for registration shall be made to and on forms provided by the Town Clerk, on behalf of the Planning Board. The Planning Board will determine the appropriateness of each request upon review of the information presented.

(c)

One year from the enactment of this chapter or the expiration date of an existing special use permit, whichever comes first, shall be given for those small-scale mines eligible to register.

(d)

Operation of an unregistered mine pursuant to this section shall constitute a violation of this chapter and shall be remedied by the Town Board pursuant to applicable local and state laws.

(e)

The following information shall be presented for registration:

[1]

Evidence that the small-scale mining operation legally existed prior to the adoption of the 1974 Zoning Law.

[2]

A copy of the existing special use permit and any other accompanying information.

[3]

Information verifying that the small-scale mine is operating on an established basis.

[4]

A map showing the limits of the small-scale mine, and that portion which is currently being mined.

(3)

Findings. Upon review of the information, the Planning Board shall make a finding pursuant to the provisions of this chapter in either one of two instances:

(a)

The Planning Board shall make a finding that the preexisting small-scale mine is eligible for registration, and shall direct the Zoning Enforcement Officer to:

[1]

In the case of a legally preexisting small-scale mine in operation prior to the adoption of the 1974 Zoning Law, issue a certificate of preexisting nonconformity to the fee owner of the property; or

[2]

In the case of a legally preexisting small-scale mine operating under a valid special use permit, issue a certificate of preexisting nonconformity to the fee owner of the property informing the owner that the special use is subject to the renewal provisions of Subsection C.

(b)

The Planning Board shall make a finding that the preexisting small-scale mine is not eligible for registration and shall direct the Planning Board Secretary to notify the fee owner of the property, within five business days of the decision of the Board, that reestablishment of the operation of the mine or continued operation shall require the issuance of a special use permit pursuant to this section and § 132-33.

(4)

Time. Requests for a certificate of preexisting nonconformity after the one-year registration period shall be decided by the Zoning Board of Appeals.

§ 132-40 Structures within floodplains.

No zoning permit shall be issued within the floodplain unless approved by the Planning Board and upon the recommendation of the Town Engineer. The Planning Board and/or Engineer shall be guided by the following standards:

Any structure permitted shall be designated, constructed and placed on the lot so as to offer minimum obstruction to the flow of water. This provision shall also apply to any lot to be located in the floodplain.

Any structure permitted shall be firmly anchored to prevent the structure from floating off the foundation. All foundations shall be designated to withstand the one-hundred-year flood and all structures to be placed on such foundations shall be located above the high-water mark of the one-hundred-year flood.

Where, in the opinion of the Planning Board and/or Engineer, topographical data, engineering, and other studies are needed to determine the effects of flooding on a proposed structure and/or effect of the structure on the flow of water, the Planning Board and/or Engineer may require the applicant to submit such data, prepared and signed by a licensed engineer.

The granting of approval of any use or structure shall not constitute a representation, guaranty or warranty of any kind and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto.

§ 132-41 Mobile home parks.

Conditions of a special use permit for mobile home parks.

(1)

The Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit in order to protect public health and safety, the quality of the town's natural resource base and the value of property.

(2)

The special use permit, if granted, will also contain the following conditions:

(a)

The permit is valid for a period of one year after issuance, but is renewable for each year if the owner of the park is in compliance with the conditions of this chapter or the conditions stated in the special use permit. The Zoning Enforcement Officer or any other designated person authorized by the Town Board shall be permitted to examine the premises at any reasonable time to inspect the park.

(b)

The special use permit for the mobile home park may be transferred if such application for transfer is approved by the Town Board of Naples. Such transfer fee shall be $5 per lot or $200, whichever is greater.

General use, size, and setback requirements.

(1)

Minimum area: five acres; minimum lot size: 7,200 square feet; minimum width: 60 feet.

(2)

Minimum setback: front yard, 25 feet; rear and side yard, 10 feet.

(3)

No mobile home shall be located closer than 100 feet to a highway or street line and no closer than 100 feet from any adjacent property line.

(4)

No mobile home park shall contain more than 50 units.

(5)

No individual mobile home shall contain less than 700 square feet in area.

General requirements for mobile home parks.

(1)

Skirting. Each mobile home shall be required to enclose the bottom section of the mobile home with either metal or wood skirts or enclosures within 30 days after arrival in park. Such skirts or enclosures shall be uniform in appearance, in design and type.

(2)

Entrance platform. Each mobile home shall be provided with an entrance platform of concrete asphalt or equivalent at least eight feet by 10 feet and four inches in depth. This platform will be located at the main entrance to the mobile home and may act as base for railings and steps for the mobile home. This platform may also be called the patio area.

(3)

Accessory buildings on individual lots or stands. One accessory building, not exceeding 100 square feet, is permitted. This building must be of a building material that is approved by the Town of Naples Planning Board. This building may be of a preconstructed material, but may not be located closer than 10 feet to the side or rear lot line and must be in the back 50 feet of the lot.

(4)

Parking areas. Each mobile home lot must have two parking spaces, preferably off street. Parking facilities may be provided so that each mobile home lot would have one off-street parking area. A common parking area may be utilized for second vehicle parking area and guest parking and for delivery and service vehicles. Each parking space must have a minimum of 250 square feet. No on-street parking shall be permitted. Parking spaces shall be provided for all park service buildings and meeting provisions of this chapter. No boats, camp haulers, trailers or motor vehicles not designed for passengers shall be parked or stored at any place within the mobile home park except in designated areas. No unlicensed motor vehicles or trailers or parts thereof or junk of any nature or description shall be parked or stored within the mobile home park.

(5)

Sidewalks. Sidewalks may be required by the Planning Board. Said sidewalk must be of concrete, macadam or hard surface.

(6)

Screen; fences and walls. Fences and walls shall be provided in lieu of screening shrubbery. These items shall be provided around areas which, because of height or other factors, constitute a hazard to the public or property.

(7)

Landscaping. Proper landscaping, if appropriate, may be required by the Planning Board.

(8)

Fire protection. Suitable fire apparatus and/or communication with local fire department shall be provided.

(9)

Roadway; access. The entrance road connecting the mobile home park streets with a public road or street shall have a minimum road pavement width of 20 feet, or a total of 36 feet, including right-of-way. It is recommended that a separate access and egress be provided where appropriate. The road shall be constructed of blacktop or equivalent.

(10)

Internal streets.

(a)

The width of all internal streets must be at least 20 feet, with an additional five feet right-of-way provided for on each side.

(b)

All streets shall be constructed of blacktop or equivalent of same or shall be designated, graded and leveled as to permit safe passage of emergency and other vehicles at a speed of 15 miles per hour.

(c)

Each street shall be named and each mobile home located therein will be given a permanent number which shall be affixed to a numbering post and shall be visible from the street.

(11)

Lighting. Streets and parking areas should be illuminated from dusk to dawn with lighting meeting the recommendations of the utility company.

(12)

Sanitary facilities; water. An adequate supply of water shall be provided for mobile homes, service buildings and other accessory buildings as required by this chapter. Where public water is available, connection shall be used exclusively unless local authorities deem otherwise. If a public water supply system is not available, the development of a private water supply system shall be approved by the health authority or other authorities having jurisdiction thereof.

(13)

Sewage.

(a)

An adequate and approved system shall be provided in all parks for conveying and disposing of sewage from mobile homes, service buildings and other accessory facilities.

(b)

Approval by the Department of Health or appropriate agency is required before any permit or license may be issued.

(c)

Sewage treatment and/or discharge. Where the sewer lines of the mobile home park are not connected to a public sewer, all proposed disposal facilities shall be approved by the Department of Health prior to construction. All sewage connections shall be no more than 12 inches from the mobile home.

(d)

Storm drainage pipes, ditches, etc., shall comply with Chapter 116, Subdivision of Land.

(e)

Garbage and refuse. Each mobile home park shall provide evenly distributed and centrally located sanitary disposal centers, preventing litter of ground and premises with rubbish, garbage and refuse in disposal containers.

(f)

Burning. No garbage or refuse of any kind shall be burned.

(14)

Electrical distribution system and individual electric. All wiring fixtures and connections must meet the approval of a certified electrical inspector. Each mobile home shall be supplied with not less than a 100 amp service. If the mobile home is to be heated electrically, then a 200 amp service will be required. All electrical wiring shall be placed below ground. All grounding wiring in mobile homes must be required.

(15)

Fuel supply and storage; general requirements. All fuel oil supply systems provided for mobile homes, service buildings and other structures shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction when provided.

(16)

Specific requirements.

(a)

All fuel oil tanks shall be placed at rear of the mobile home and located not less than five feet from any exit.

(b)

It is recommended that a central supply system be provided and all supply tanks buried.

(c)

Supports or standards for fuel storage tanks are to be of a noncombustible material.

(17)

Gas supply, natural.

(a)

Natural gas piping systems installed in mobile home parks shall be maintained in conformity with accepted engineering practices.

(b)

Each mobile home lot provided with piped gas shall have an approved shutoff valve and cap to prevent accidental discharge of gas.

(c)

Proper planning and early communication with utility company is recommended to provide necessary easement by utility companies, i.e., gas, electricity and telephone.

(18)

Liquefied gas.

(a)

Such system shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.

(b)

System shall have at least one accessible means for shutting off gas. This means shall be located outside of individual mobile home.

(c)

All liquid propane gas piping shall be well supported and protected against mechanical injury.

(d)

Storage tanks shall not be less than 20 pounds and must be located at rear of mobile home or side away from street and no closer than five feet from any exit.

(e)

It is recommended that a central underground gas storage system be furnished.

(19)

Recreational areas and open spaces.

(a)

Every mobile home park shall have a minimum of 5,000 square feet of recreation area for the public use of persons living in the park and no less than 200 square feet per mobile home.

(b)

The Planning Board, as condition of approval, may establish such condition on the ownership, use and maintenance of open spaces for their intended purposes.

(c)

It is recommended that this recreation area be centrally located, but other areas may be better utilized for this purpose depending on topography and location of mobile home park.

(d)

Design of such areas shall be appropriate for intended use and location.

(20)

Service buildings may be consolidated so that essential services and management operations may be in one building. Single construction is preferable if service buildings would adequately serve all mobile home lots.

(21)

Sales.

(a)

Sale of lots in mobile home park. No mobile home lot shall be sold within a mobile home park.

(b)

Mobile home sales. New mobile homes may be offered for sale within a mobile home park by the owner of the park and shall be displayed as any occupied mobile home. Such displays limited to two models.

(22)

Other requirements. Any application for a special use permit to construct a mobile home park or expanding existing park where allowed by this chapter must contain the following information:

(a)

Map drawn to a scale of one inch equals 50 feet by a licensed engineer or surveyor showing all roads, streets and widths thereof, location of all mobile homes and all accessory buildings.

(b)

Location of all parking areas, recreational areas, lighting and other utilities.

(c)

Any unusual or special land features, including areas subject to flooding and areas of slope in excess of 15°.

(d)

Abutting property owners within 500 feet of the property boundaries and present structures on these properties.

(e)

Present and proposed drainage systems including plans for protecting adjacent properties.

(f)

The filing fee for a special use permit for a mobile home park, which shall be $25 or $5 per lot, whichever is greater.

Duties of the park owner.

(1)

The park owner shall provide for adequate snow removal and adequate refuse collection.

(2)

The park owner shall provide for full-time supervision of park premises.

(3)

The park owner or his designated operator shall maintain an accurate record of the make, model number and year of each mobile home and shall provide the Tax Assessor of the Town of Naples with this information no later than 14 days after arrival or departure of a mobile home.

§ 132-42 Telecommunications facilities.

Intent. The intent of these regulations is to promote the health, safety, and general welfare of the residents of the Town of Naples. Specifically, these regulations are intended to:

(1)

Provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations.

(2)

Minimize the number of telecommunications towers in the community by encouraging shared use of existing and future towers, and use of existing tall buildings and other high structures.

(3)

Minimize adverse visual effects from telecommunications facilities by requiring careful siting, visual impact assessment, and appropriate screening.

(4)

Protect the natural features and aesthetic character of the Town of Naples with special attention to open space, vistas, farm land, steep slopes and wooded areas.

Applicability.

(1)

No telecommunications facility shall be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit, site plan, and in conformity with these regulations. No existing structures shall be modified to serve as a telecommunications facility unless in conformity with these regulations.

(2)

Exemptions to these regulations are limited to:

(a)

New uses which are accessory to residential uses, such as satellite dishes and television antenna(s);

(b)

Amateur radio operators as licensed by the Federal Communications Commission (FCC);

(c)

Lawful or approved uses existing prior to the effective date of these regulations; and

(d)

Where these regulations conflict with other laws and regulations of the Town of Naples, the more restrictive shall apply, except for tower height restrictions which are governed by these special use permit standards.

General requirements.

(1)

No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Planning Board unless the Planning Board finds that such telecommunications facility:

(a)

Is necessary to meet the current or expected demand for service;

(b)

Conforms with all applicable regulations promulgated by the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), and other federal agencies;

(c)

Is considered a public utility in the State of New York;

(d)

Is designed and constructed in a manner which minimizes visual impact to the extent practical;

(e)

Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility;

(f)

When including the construction of a tower, such tower is designed to accommodate future shared use by at least one other telecommunications service provider. Any subsequent location of telecommunications equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special use permit if there would be no increase in the height of the tower. However, the additional equipment will require site plan approval.

(2)

A site plan, in conformance with Article VIII of this chapter. The site plan shall show elevation, height, width, depth, types of materials, color schemes, and other relevant information for all existing and proposed structures, equipment, parking and other improvements. The site plan shall also include a description of the proposed telecommunications facility, and such other information that the Planning Board requires.

(3)

All applications for installation of a telecommunications facility shall be accompanied by a report containing the information hereinafter set forth and sealed by a duly authorized New York State licensed professional engineer:

(a)

Name(s) and address(es) of person(s) preparing the report;

(b)

Name(s) and address(es) of the property owner, operator, and applicant;

(c)

Postal address and block and lot or parcel number of the property;

(d)

Zoning district in which the property is located;

(e)

Size and dimensions of the property and the location of all lot lines;

(f)

Location of nearest residential structure;

(g)

Location of nearest occupiable structure;

(h)

Location of all structures on the property which is the subject of the application;

(i)

Location, size and height of all proposed and existing antenna(s) and all appurtenant structures;

(j)

The number, type and design of the tower and antenna(s) proposed and the basis for the calculations of tower and system capacity;

(k)

The make, model and manufacturer of the tower and antenna(s);

(l)

A description of the proposed tower and antenna(s) and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting;

(m)

The frequency, modulation and class of service of radio equipment;

(n)

Transmission and maximum effective radiated power of the antenna(s);

(o)

Direction of maximum lobes and associated radiation of the antenna(s);

(p)

Applicant's proposed tower maintenance and inspection procedures and records system;

(q)

Certification that NIER levels at the proposed site are within threshold levels adopted by the FCC;

(r)

Certification that the proposed antenna(s) will not cause interference with existing communication devices;

(s)

Certification that the tower and attachments meet all state and federal structural requirements for loads, wind, ice fall zone specifications, etc.;

(t)

A written statement wherein the applicant agrees to defend and indemnify the Town of Naples and any of its servants, agents or employees from any and all claims made in connection with the installation, construction, use or operation of the telecommunications facility;

(u)

A copy of the FCC license;

(v)

Certification that the applicant has utility status from New York State and the Public Service Commission.

(4)

A completed environmental assessment form (EAF), including a visual EAF addendum, pursuant to State Environmental Quality Review (SEQR). Particular attention shall be given to the visibility of the facility from key viewpoints identified in the visual EAF addendum, existing tree lines and proposed elevations.

(5)

A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, screening elevations of fences and material used.

(6)

A safety analysis of the electromagnetic environment surrounding the proposed telecommunications facility must accompany any special use permit or site plan application, modification, or renewal thereof. The safety analysis shall be prepared by a qualified electromagnetic engineer. The safety analysis must demonstrate that the general public electromagnetic radiation exposure does not exceed the standards set by federal regulations.

(7)

The Planning Board may, at the expense of the applicant, employ its own consulting assistance to review the findings and conclusions of the safety analysis, visual analysis, or structural inspection provided by the applicant.

(8)

The applicant shall, in writing, identify and disclose the number and locations of any additional sites that the applicant is or will be considering, reviewing, or planning for telecommunications facilities in the Town of Naples, including the Village of Naples and all towns adjacent to Naples, for a two-year period from the date of the application.

Collocation.

(1)

At all times, shared use of existing towers shall be required. Additionally, where such shared use is unavailable, location of antenna(s) on preexisting structures shall be considered. An applicant shall be required to submit a detailed report inventorying existing towers within reasonable distance (two to four miles) of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to new construction.

(2)

The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facility sites in the inventory due to one of the following reasons:

(a)

The planned structure would exceed the structural capacity of existing and approved telecommunications facilities, or other structures, considering existing and planned uses for those facilities;

(b)

The planned equipment would cause radio frequency interference with existing or planned equipment, which cannot be reasonably prevented;

(c)

Existing or approved telecommunications facilities or structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;

(d)

Other technical reasons make it impractical to place the equipment proposed by the applicant on existing facilities or structures;

(e)

The property owner or owner of the existing telecommunications facility or other structure refuses to allow such collocation.

(3)

An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant 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 changes including real property acquisition or lease required to accommodate shared use.

(4)

In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers. Written requests and responses for shared use shall be provided.

(5)

The applicant shall agree to design, build or modify the tower to accommodate up to two additional telecommunications facilities should there be a need or future need for such services. The scope of this analysis shall be determined by the Planning Board. This requirement may be waived, provided that the applicant demonstrates that the provision of future shared usage of the facility is not feasible and is an unnecessary burden, based upon:

(a)

The number of FCC licenses presently available and in the foreseeable future within the proposed service area;

(b)

The kind of tower site and structure proposed;

(c)

The number of existing and potential licenses without tower spaces/sites;

(d)

Available spaces on existing and approved towers; and

(e)

Potential significant adverse visual impact by a tower designated for shared use.

Height, maximum.

(1)

No telecommunications tower, including antenna(s) thereon, shall exceed 199 feet in height above finished grade elevation. The applicant shall submit documentation justifying the height of any telecommunications tower and/or antenna.

(2)

The Planning Board may waive the maximum height restriction in the event the applicant submits documentation demonstrating an engineering necessity in order to obtain adequate service area coverage.

Lighting, screening and aesthetics.

(1)

Towers shall not be artificially lighted, including strobe lights, or marked except to assure human safety as required by the Federal Aviation Administration (FAA). Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. However, an applicant may be required to add FAA-style lighting and marking if, in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety.

(2)

The facility shall have the least practical visual effect on the environment, as determined by the Planning Board. Any tower that is not subject to FAA marking pursuant to Subsection F(1) of the section shall:

(a)

Have a galvanized finish, or shall be painted gray above the surrounding tree line, and gray or green below the tree line, as deemed appropriate by the Planning Board; or

(b)

Be disguised or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function.

(3)

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

(4)

In addition to a visual EAF addendum, the Planning Board may require visual and aesthetic information it deems appropriate on a case-by-case basis. Such additional information may include, among other things, line-of-sight drawings and/or visual simulations.

(5)

Proposed telecommunications facilities shall have appropriate vegetative screening around the tower base area and any accessory facilities to screen its view from neighboring residences, recreation areas, or public roads. Such screening shall include the maximum feasible retention of existing vegetation. The Planning Board may similarly require screening to adjacent waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public.

Signage. Telecommunications facilities shall have 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 phone number(s). No other signage, including advertising, shall be permitted on any telecommunications facility, unless required by federal or state regulation.

Access and parking.

(1)

Accessways shall make maximum use of existing public or private roads to the extent practical. New accessways constructed solely for telecommunications facilities do not have to be improved to meet the road construction standards adopted by the Town of Naples. However, accessways shall be suitably improved to the satisfaction of the Planning Board in order to accommodate access for emergency vehicles. New accessways shall be at least 20, but no more than 30, feet wide, and closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

(2)

Parking areas shall be sufficient to accommodate the greatest number of service vehicles expected on the premises at any one time.

(3)

Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.

(4)

Equipment or vehicles not used in direct support, renovation, additions or repair of any telecommunications facility shall not be stored or parked on the facility site.

Fencing and security.

(1)

Towers and accessory facilities shall be surrounded by a fence or wall at least eight feet in height of a reasonable design approved by the Planning Board, but with limited visual impact. Barbed wire is not to be used in residential areas or on public property unless specifically permitted by the Planning Board as part of the site plan review.

(2)

Security lighting around the base of a tower or accessory facility shall be prohibited.

(3)

There shall be no permanent climbing pegs within 30 feet of the ground of any tower.

(4)

A locked gate at the junction of the accessway and public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.

Setback and lot size minimums. Telecommunications towers shall be located or sited a distance from all property lines, which distance shall be equal to the fall zone area of the tower plus 50 feet, as measured from the base of the tower. The fall zone area of any telecommunications tower shall be certified in writing by the applicant's licensed professional engineer.

Engineering and maintenance.

(1)

All telecommunications facilities shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electronic and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).

(2)

All telecommunications facilities shall be inspected, at the applicant's expense, at least every fifth year for structural integrity by a New York State licensed professional engineer. A copy of the inspection report shall be submitted to the Planning Board.

Removal.

(1)

The applicant shall submit an agreement, in writing, to remove all towers, antenna(s), accessory facilities, etc., if such facilities become technically obsolete or cease to be used for their originally intended purpose for more than 12 consecutive months. Upon removal of said facilities, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soil.

(2)

The applicant must submit an analysis, certified by a New York State licensed professional engineer, of the cost of removal of the telecommunications facility and surrounding property restorations.

(3)

Prior to obtaining a building permit, the applicant must provide a financial security bond for the removal of the telecommunications facility, with the Town of Naples as the designated assignee, in an amount approved by the Planning Board, but not less than $100,000.

§ 132-42.1 Residential wind turbines.

[Added 7-10-2006 by L.L. No. 7-2006]

Application process.

(1)

Special use permit. A special use permit pursuant to Article VII of this chapter is required prior to issuance of a building permit for installation of a residential wind turbine.

(2)

Site plan review. Site plan approval pursuant to Article VIII of this chapter is required prior to the issuance of a building permit for installation of a residential wind turbine.

Wind turbine criteria.

[Amended 7-8-2013 by L.L. No. 4-2013[1]]

(1)

Setbacks, ice and blade throws.

(a)

Setbacks from adjacent property lines, rights-of-way, easements, public highways and/or transmission and distribution power lines (not applicable to individual lines to residences or other structures from distribution lines) shall be three times the maximum height of the wind turbine tower, including maximum blade elevation, or two times the maximum ice or blade throw distance measured to the point of ground impact, whichever is greater as certified to by a licensed engineer.

(b)

Such setback may be waived by the owner of the property otherwise benefited by such setback. The wavier must specifically identify the property otherwise benefited by such setback requirement. The waiver must specifically identify the subject property by address, deed recording information as to liber and page, Tax Map parcel number, and owner's (owners') name and address and contain definitive language waiving the setback. The waiver must be executed in the form required for a deed to be recorded and recorded in the office of the County Clerk of the county in which the subject property is located.

(2)

Wind turbine density. One wind turbine is permitted per parcel.

(3)

Noise level limit.

(a)

Individual wind turbines shall be located with relation to property lines so that the level of noise produced shall not exceed average ambient noise level plus 6 dbA measured at any boundary line or existing residence in the Town of Naples or elsewhere.

(b)

Such noise level limit may be waived by the owner of any property otherwise benefited by that noise level limit. The waiver must specifically identify the subject property by address, deed recording information as to liber and page, Tax Map parcel number, owner's (owners') name and address and definitive language waiving the noise level limit. The waiver must be executed in the form required for a deed to be recorded and recorded in the office of the County Clerk of the county in which the subject property is located.

(4)

Guy wires/support cables. All guy wires or support cables shall be marked with high-visibility orange or yellow sleeves from ground level to a point 10 feet above the ground. Setbacks for wind turbine guy wires or support cables shall be a distance of not less than 50 feet from the nearest property boundary line.

(5)

Lighting. No wind turbine tower shall be lighted artificially unless such lighting is required by a state or federal agency. Use of nighttime, and overcast daytime condition, stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration shall be subject to on-site field testing as a prerequisite to the Planning Board's approval, with specific respect to existing residential or commercial uses within 2,000 feet of each wind turbine tower for which such strobe lighting is proposed.

(6)

Scenic view impact. No wind turbine shall be installed in a location where the Planning Board determines the wind turbine to be detrimental to the general neighborhood character. Final determination of permissible wind turbine tower height and location on a lot shall be decided by the Planning Board as part of the site plan review. No individual wind turbine tower facility shall be installed in any location that would substantially block a portion of a scenic view from any public road right-of-way, publicly owned land or privately owned land within the Town of Naples.

(7)

Broadcast interference.

(a)

No individual wind turbine facility shall be installed in any location along the major axis of an existing microwave communications link where its operation will produce electromagnetic interference in the link's operation.

(b)

No individual wind turbine facility shall be installed in any location where its proximity with existing fixed broadcast, retransmission or reception antennas (including residential reception antennas) for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.

(c)

The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the Code Enforcement Officer within 60 days of any complaint.

(8)

Location on lot. Wind turbine location is not restricted to rear or side yards on a lot. The Planning Board shall address the specific location on the lot during site plan review.

[1]

Editor’s Note: Section 7 of this local law stated that it would supersede the applicable sections of Article 16 of the Town Law, including, but not necessarily limited to, §§ 130, 261, 262, 263, 264, 265, 267, 268, 269 and 274-a, and Executive Law § 381 to the extent inconsistent with the same and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law or any other statute determined to be in conflict with the provisions hereof as pertains to industrial wind turbine towers and/or industrial wind energy facilities, as defined herein.

Specifications.

(1)

Maximum height. Maximum height of a wind turbine tower shall be 150 feet measured from ground level to the maximum elevation of the wind turbine blade.

(2)

Kilowatt limit. No residential wind turbine shall have a generating capacity in excess of 20 kilowatts.

(3)

Color. Residential wind turbines must be finished in a color or colors acceptable to the Planning Board. Such colors(s) shall be compatible with the environment of the wind turbine location and shall be specified as a condition of the permit.

(4)

Tower type. Lattice and solid tube type wind turbine towers are permitted.

(5)

Design and specifications. Detailed design specifications will be required as part of the special use and site plan review processes. The level of detail of the design specifications shall be determined by the Planning Board.

(6)

Bird migration study. No bird migration study shall be required for residential wind turbine special use and site plan applications.

(7)

Ice buildup sensors. Ice buildup sensors shall not be required for residential windmills.

(8)

Wind turbine electric power line. All electric power transmission lines from the wind turbine shall be underground.

(9)

Blade tip to ground distance. The lowest elevation of the wind turbine blade rotation path shall not be less than 15 feet from ground level.

Notice and safety considerations.

(1)

Signs.

(a)

Caution signs. Caution signs shall be placed at the setback limits warning of ice and blade throws. Signs shall be placed at one-hundred-foot intervals around the circumference of the setback area and shall be between four feet and six feet above ground level. Said signs shall be a minimum of one square foot and no larger than two square feet. Each sign shall have "CAUTION: WATCH FOR FALLING OBJECTS" printed thereon. In addition, the owner's name and address shall be printed thereon.

(b)

There shall be no other signs affixed to the windmill, accessory buildings or enclosure.

(2)

Fencing. Access to the tower shall be limited either by means of a fence six feet in height enclosing the tower base with a locking gate or by limiting tower climbing apparatus to no less than 12 feet above ground level.

(3)

Blade, tip speed inhibitor. To be permitted, a wind turbine shall, as part of its operating mechanism, contain an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and/or turbine components.

Operating considerations.

(1)

Removal upon cessation of operation. Any wind turbine, which has not been in active and continuous service for a period of one year, shall be removed from the premises within 90 days thereafter to a place of safe and legal disposal. Any and all structures, guy cables, guy anchors and/or enclosure accessories to such wind turbine shall also be removed.

(2)

Building and grounds maintenance. Any damaged or unused parts shall be removed from the premises within 30 days or kept in an on-site storage building. All maintenance equipment, spare parts, oil, and other maintenance supplies shall also be kept in an on-site storage building.

(3)

Ownership changes. In the event of the change of ownership of a lot upon which a wind turbine is located pursuant to a special use permit, the special use permit shall continue in effect. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner, will become obligations of succeeding owners.

(4)

Wind turbine modifications. Any and all modifications, additions, deletions or changes to wind turbines that operate under a special use permit, whether structural or not, shall be made by special use permit, except that such special use permit shall not be required for repairs which become necessary in the normal course of use of such wind turbines or become necessary as a result of natural forces, such as wind or ice.

Certifications.

(1)

Routine inspection report. An inspection report prepared by an independent professional engineer licensed in the State of New York will be required at the time of installation of a wind turbine tower. Such report shall be filed with the Code Enforcement Officer prior to commencement of operation of the wind turbine.

(2)

Insurance, liability. Prior to issuance of a building permit, the applicant shall provide the Code Enforcement Officer with proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, in an amount to be determined by the Planning Board in consultation with the Town's insurance agent, to cover damage or injury which might result from the failure of a wind turbine tower, wind turbine or any part(s) thereof.

(3)

Certification of standards. The applicant shall show that all applicable manufacturer's, New York State and federal standards for the construction, operation and maintenance of the proposed wind turbine have been met or are being complied with. Wind turbines shall be constructed, operated and maintained to the standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a wind turbine special use permit shall furnish evidence, over the signature of a professional engineer licensed to practice in the State of New York, that such wind turbine is in compliance with such standards.

(4)

Removal bond. The applicant, after a special use permit has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal if the use of the wind turbine is discontinued. The Town Engineer and the Town Attorney shall judge this letter of credit or other surety adequate and satisfactory before a building permit is issued.

§ 132-42.2 Commerical wind turbines.

[Added 7-10-2006 by L.L. No. 7-2006]

Application process.

(1)

Special use permit. A special use permit pursuant to Article VII of this chapter is required prior to issuance of a building permit for installation of a commercial wind turbine.

(2)

Site plan review. A site plan approval pursuant to Article VIII of this chapter is required prior to the issuance of a building permit for or installation of a commercial wind turbine.

Wind turbine criteria.

[Amended 7-8-2013 by L.L. No. 4-2013[1]]

(1)

Setbacks, ice and blade throws.

(a)

(b)

Such setback may be waived by the owner of the property otherwise benefited by such setback. The wavier must specifically identify the otherwise benefited property. The waiver must specifically identify the subject property by address, deed recording information as to liber and page, Tax Map parcel number, and owner's (owners') name and address and contain definitive language waiving the setback. The waiver must be executed in the form required for a deed to be recorded and recorded in the office of the County Clerk of the county in which the subject property is located.

(2)

Wind turbine density. One wind turbine is permitted per parcel, except upon showing to the satisfaction of the Planning Board that more than one wind turbine is required for the implementation of a development project.

Noise level limit.

Guy wires/support cables. All guy wires or support cables shall be marked with high-visibility orange or yellow sleeves from ground level to a point 10 feet above the ground. Setbacks for wind turbine tower guy wires or support cables shall be a distance of not less than 50 feet from the nearest property boundary line.

(5)

(6)

(7)

Broadcast interference.

(a)

(b)

(c)

The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the Code Enforcement Officer within 60 days of any complaint.

(8)

Location on lot. Wind turbine location is not restricted to rear or side yards on a lot. The Planning Board shall address the specific location on the lot during site plan review.

[1]

Specifications.

(1)

Maximum height. Maximum height of a wind turbine tower shall be 220 feet measured from ground level to the maximum elevation of the wind turbine blade.

(2)

Kilowatt limit. No residential wind turbine shall have a generating capacity in excess of 50 kilowatts.

(3)

Color. Commercial wind turbines must be finished in a color or colors acceptable to the Planning Board. Such colors(s) shall be compatible with the environment of the wind turbine location and shall be specified as a condition of the permit.

(4)

Structure. Both lattice or solid tube type wind turbine towers are permitted.

(5)

(6)

Bird migration study. No bird migration study shall be required for commercial wind turbine special use and site plan applications.

(7)

Ice buildup sensors. Ice buildup sensors shall not be required for commercial wind turbines.

(8)

Wind turbine electric power line. All electric power transmission lines from the wind turbine shall be underground.

(9)

Blade tip to ground distance. The lowest elevation of the wind turbine blade rotation path shall not be less than 15 feet from the ground level.

Notice and safety considerations.

(1)

Signs.

(a)

(b)

There shall be no other signs affixed to the windmill, accessory buildings or enclosure.

(2)

(3)

Blade tip speed inhibitor. To be permitted, a wind turbine shall, as part of its operating mechanism, contain an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and/or turbine components.

Operating considerations.

(1)

(2)

(3)

Ownership changes. In the event of the change of ownership of a lot upon which a wind turbine is located pursuant to a special use permit changes, the special use permit shall continue in effect. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner, will continue to be obligations of succeeding owners. Change in ownership of the wind turbine shall be registered with the Code Enforcement Officer, and the sign required pursuant to § 132-42.1D(1)(a) shall be modified accordingly.

Certifications.

Certification of standards. The applicant shall establish to the satisfaction of the Planning Board or Code Enforcement Officer that all applicable manufacturer's, New York State and federal standards for the construction, operation and maintenance of the proposed wind turbine have been met or are being complied with. Wind turbines shall be constructed, operated and maintained to the standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). The applicant for a wind turbine special use permit shall furnish evidence, over the signature of a professional engineer licensed to practice in the State of New York, that such wind turbine is in compliance with such standards.

(4)

§ 132-42.3 Home businesses.

[Added 10-12-2015 by L.L. No. 2-2015]

The Planning Board shall permit home businesses with a special use permit in the R-1, R-2, or Ag District, provided the following requirements and conditions are maintained:

Intent. The purpose of this section is to provide opportunities for economic opportunities and diversification of small-scale business in the Town and to protect the character of residential and agricultural areas of the Town. Businesses established pursuant to this section are expected to blend in with the existing character of the area in which they are located.

Type of business. A variety of commercial and manufacturing uses may be permitted, provided that the requirements of this section are met.

Neighborhood character. The appearance of the structure shall not be altered and the business shall not be conducted in a manner that would cause the premises to differ from its existing neighborhood character, either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations. No lights or noise from the home business shall be noticeable at any time from any public street or neighboring property.

Operation and employees.

(1)

The operator of the home business shall reside in the single-family dwelling located on the same lot as the home business.

(2)

No more than 10 persons, other than members of the family occupying such dwelling, shall be employed in such home business at any one time.

Floor area.

(1)

No more than 40% of the gross floor area of a dwelling shall be used for the conduct of a home business, up to a maximum of 1,000 square feet, provided that the portion of the structure used for residential purposes shall comply with all applicable laws and codes.

(2)

The entire gross floor area of no more than one detached accessory structure up to 2,000 square feet may also be permitted for use of a home business, in addition to space within the dwelling.

Outdoor storage of equipment and materials.

(1)

Outside storage of materials used in the home business may be permitted. Such storage shall be adequately screened from view from public streets and neighboring property. Such screening may consist of vegetation, fencing, or a combination of plantings and fencing.

(2)

In the R-1 and R-2 Districts, a maximum of two pieces of equipment, other than commercial vehicles, may be parked or stored outdoors on the lot. Such equipment shall be operable and necessary for the conduct of the home business.

(3)

Outdoor storage of equipment used for the home business shall only be permitted in the rear yard. Such equipment shall be completely screened from view from neighboring properties and public roads.

Outdoor display of goods. Outdoor display of goods may be permitted, provided that the goods are displayed in a neat and orderly manner. The Planning Board may limit the quantity of goods displayed and/or the amount of land utilized for display of goods and may require appropriate screening and/or buffers. Areas proposed for the outdoor display of goods must be clearly delineated in the special use permit application.

Signage.

(1)

One sign shall be permitted to identify a home business. No sign shall have more than two printed sides.

(2)

In the R-1 and R-2 Districts, such sign shall not exceed 16 square feet in area per side.

(3)

In the Ag District, such sign shall not exceed 32 square feet in area per side.

Commercial vehicles. Commercial vehicles used in connection with the home business may be parked outside, but not within the setbacks specified in Subsection M of this section. The Planning Board may require appropriate screening to minimize the visual impact of such vehicles on neighboring properties.

Hours of operation. The home business shall be conducted in such a manner that all the clients, customers and others coming to do business at the site of the home business shall arrive and depart between the hours of 7:00 a.m. and 9:00 p.m.

Number of home businesses permitted. More than one home business may be permitted for each residential property, provided that the combined impact of such home businesses does not exceed any of the thresholds established by this section.

Parking. Off-street parking shall be provided in accordance with the provisions of § 132-29. The off-street parking for the home business shall be in addition to the parking required for the residence.

Setbacks. Any accessory building used in conjunction with the home business shall be set back a minimum of 75 feet from all property lines. Off-street parking and loading spaces, as well as outdoor storage and display, shall be set back a minimum of 50 feet from all side and rear property lines and not less than 75 feet from all public rights-of-way.

Deliveries. Tractor-trailer deliveries shall be permitted, unless the Planning Board determines that the site does not provide access and/or turnaround space and geometry that is safe, or that such deliveries would be of such a frequency that they would be disruptive to neighboring properties or the character of the neighborhood.

Inspection. The Zoning Officer shall review the premises operating under the special use permit for compliance every five years, and within six months of change of ownership.

§ 132-42.4 Major solar collector systems.

[Added 9-5-2017 by L.L. No. 4-2017]

Major solar collector systems are subject to the following design standards:

(1)

The total coverage of all buildings and structures on a lot, including the total area occupied by solar collector devices, shall not exceed 50%.

(2)

Height and setback restrictions established pursuant to site plan approval:

(a)

The maximum height for freestanding solar panel devices located on the ground, or attached to a framework located on the ground, shall not exceed 15 feet above ground level.

(b)

The minimum setback from side and rear property lines shall be 75 feet.

(c)

The minimum setback from the center line of public highways shall be 100 feet.

(d)

A landscaped buffer shall be provided around the perimeter of all equipment and solar collector devices in order to provide screening from adjacent properties and public highways. The landscaping shall be located outside of the fencing.

(e)

Notwithstanding the setbacks prescribed in Subsection A(2)(b) and (c) of this section, all solar collector devices are prohibited from being placed in such a fashion that will create a reflective glare onto any lot or premises which are not a part of the major solar collector system.

(3)

In the event that the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project including easements and other agreements, shall be submitted.

(4)

Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

(5)

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounted systems and inverters that are to be installed.

(6)

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing.

(7)

All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing.

(8)

Removal of trees and other existing vegetation shall be minimized or offset with equivalent planting elsewhere on the property.

(9)

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(10)

Solar collector devices and other facilities shall be designed and located in order to prevent reflective glare toward buildings on adjacent properties and public highways.

(11)

All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum eight-foot-high fence with a self-locking gate and provided with landscape screening.

Signage.

(1)

A sign not to exceed eight square feet shall be displayed on or near the main access point to the property and shall list the facility name, owner and emergency phone number.

(2)

A clearly visible warning sign concerning voltage shall be placed on appropriate electrical infrastructure.

Abandonment.

(1)

All applications for a major solar collector system shall be accompanied by a decommissioning plan to be implemented upon abandonment or cessation of activity. Such decommissioning plan shall be a condition of the special use permit.

(2)

In the event that the applicant begins but does not complete construction of the project within 18 months after receiving the special use permit and final site plan approval, the project shall be deemed abandoned and implementation of the decommissioning plan shall be required.

(3)

The decommissioning plan must ensure that the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following:

(a)

Removal of aboveground and below-ground equipment and structures.

(b)

Restoration of the surface grade.

(c)

Revegetation of the area.

(d)

Specification of the time by which completion of site restoration work will be completed.

(e)

Upon cessation of activity of an operational major solar collector system for a period of one or more years, the Town shall require the owner and/or operator of the facility to implement the decommissioning plan.

If the large-scale solar energy system is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.

The special use permit may require a condition that a decommissioning bond be posted in an amount sufficient to cover the decommissioning requirements.