The uses specified in this article are hereby
declared to possess unique characteristics requiring that each proposal
for any such use shall be considered by the Town Planning Board as
an individual case. Upon application, special use permits may be approved
by the Town Planning Board and issued by the Code Enforcement Officer
in accordance with the administrative procedures set forth in this
chapter and only after it 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 Comprehensive 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 zoning 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 be the operation
of any permitted use.
D.
The proposed special use satisfies each and all standards
and conditions specified for such special use by the relevant provisions
of this article.
E.
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.
F.
The Code 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 site visit is to insure that the
use is being operated in accord with the conditions specified by the
Planning Board. If the Code Enforcement Officer shall determine that
a violation of this chapter or the conditions imposed by the Planning
Board exists, the owner and, if applicable, operator of such special
use shall be notified, in writing, of the violation. If such violation
continues to exist 15 days following such notification, or if three
violations occur within a consecutive twelve-month period, the certificate
of occupancy and/or certificate of 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.
G.
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 Planning Board
and permits have been issued by all governmental agencies involved.
The Town Planning Board may approve a special
use permit for private or commercial airports or airstrips in the
AR Agricultural/Residential District, provided the following standards
and provisions are maintained:
A.
An application for the establishment, construction,
enlargement or alteration of an airport shall include, in addition
to requirements for special use permits outlined in Article IX, the
following statements and information:
(1)
Name and address of the proponent.
(2)
Classification of the proposed airport, such as commercial
or restricted.
(3)
Number and type of aircraft expected to be based at
the airport initially and within five years.
(4)
Whether an instrument approach procedure will be offered.
(5)
Statement as to the anticipated number of daily operations.
(6)
Copy of the airspace clearance granted by the Federal
Aviation Administration for this airport, including USGS topographic
map.
(7)
A copy of the New York State Commissioner of Transportation's
determination that the airport is in compliance with the provisions
of § 249 of the New York State General Business Law.
(8)
A site plan of the airport which includes the following,
in addition to the requirements listed in Article X:
(a)
Scale no smaller than one inch equals 100 feet.
(b)
Location of all existing and proposed structures.
(c)
Alignment of existing and/or proposed runways
shown in their exact location.
(d)
Location of aircraft parking and tie-down areas.
(e)
Provision for vehicular access and off-street
parking.
(f)
Provisions for sanitary waste disposal and water
supply, if applicable.
(g)
Location and method of all fuel storage facilities.
B.
The Planning Board may, at its discretion, exclude
from the requirements of Subsection A(8) above, any private airport
established, constructed or maintained by an individual on his property
for his personal or hobby use; provided, however, that the following
conditions are met:
(1)
The average number of hours that the airport is in
use each week does not exceed 12 hours.
(2)
The individual owns no more than three planes, none
of which is designed to accommodate more than six persons, including
the pilot.
(3)
The airport is not utilized for any industrial or
commercial purposes.
(4)
The Planning Board may, at its discretion, require
the applicant to submit proof that the requirements of § 249
of the General Business Law are otherwise complied with, depending
on the proximity of the proposed airport to highways and other airports.
C.
The Planning Board, in considering a request for a
special use permit or the extension of a permit to operate an airstrip,
may impose any conditions it deems necessary to protect the health,
safety and public welfare of the Town.
The Planning Board may approve a special permit
for an animal hospital in the AR Agricultural/Residential District,
or for an animal hospital with outdoor runs in the B General Business
District, provided that the following standards and provisions are
maintained:
A.
Minimum lot size shall be two acres.
B.
Exercise pens and runways shall not be permitted within
100 feet of any lot line.
C.
All animal hospital facilities shall be maintained
in enclosed structures which shall be of soundproof construction and
so maintained as to produce no dust or odors at the property line.
D.
Hours of operation (those hours when dogs are brought
to and from the establishment and when dogs are allowed out of cages)
shall be limited to 7:00 a.m. to 8:00 p.m.
The Planning Board may approve the use of a
residential structure for a tourist home/bed-and-breakfast establishment
in the AR, R-1 or B District, provided that the following standards
and provisions are maintained:
A.
The building proposed for occupancy as a bed-and-breakfast
establishment shall contain no more than four lodging rooms for hire.
B.
The operator of the bed-and-breakfast establishment
shall reside on the premises.
C.
The dwelling shall not be altered in a manner which
would cause the premises to differ from its residential character,
nor shall any extensions or additions to the dwelling be made for
the purpose of renting such space for overnight accommodations.
D.
Outbuildings detached from the principal dwellings
shall not be used for the purpose of a bed-and-breakfast establishment.
E.
A minimum of one off-street parking space shall be
provided for each rental unit, in addition to the two spaces required
for a single-family dwelling. No such parking space shall be located
in the front yard area and each space shall not be less than nine
feet by 20 feet.
F.
The dwelling may display a sign not to exceed two
feet by two feet in size.
G.
No bed-and-breakfast establishment shall be permitted
where access is provided by a shared driveway.
H.
No bed-and-breakfast establishment shall be permitted
in an individual mobile home or mobile home park.
I.
Each rental unit in a bed-and-breakfast establishment
shall maintain a working smoke detector.
J.
Such uses shall comply in full with the Orleans County
Sanitary Code and the New York State Uniform Fire Prevention and Building
Code.
The Planning Board may approve a special use
permit for camping grounds in the Agricultural/Residential (AR) District,
provided that the following standards and provisions are maintained:
A.
Camping grounds shall be occupied only by travel trailers,
pickup coaches, motor homes, camping trailers, recreational vehicles,
and tents suitable for temporary habitation and used for travel, vacation
and recreation purposes. No permanent external appurtenances such
as carports, cabanas or patios may be attached to any travel trailer
or other vehicular accommodation parked in a campground. The removal
of wheels and placement of a unit on a permanent frost-free foundation
in a camping ground is prohibited.
B.
Minimum site area: 10 acres.
C.
Minimum sizes for individual campsites: 25 feet by
80 feet to accommodate areas with travel trailers and campers; and
25 feet by 50 feet for areas to be occupied exclusively with tents.
D.
Not more than 10 travel trailers, campers, tents,
recreational vehicles or motor homes shall be permitted per acre of
gross site area.
E.
A camping ground shall be so located that no entrance
or exits from a site shall discharge traffic into any residential
area nor require movement of traffic from the camping ground through
a residential area. A camping ground shall have a minimum of 150 feet
of frontage on a public street.
F.
Conditions of soil, groundwater level, drainage and
topography shall not create hazards to the property or the health
or safety of the occupants. Natural vegetation shall be retained wherever
possible. The site shall not be exposed to objectionable smoke, noise,
odors, or to other adverse influences, and no portion of the camping
grounds subject to flooding, subsidence or erosion shall be used for
any purpose which would expose persons or property to hazards.
G.
Management headquarters, recreational facilities,
toilets, dumping stations, showers, coin-operated laundries, and other
uses and structures customarily incidental to the operation of camping
grounds are permitted as accessory uses to the camping grounds. In
addition, retail stores and other convenience establishments shall
be permitted as accessory uses in camping grounds in such districts
where such uses are not allowed as principal uses, subject to the
following restrictions.
(1)
Such establishments and the parking areas primarily
related to their operations shall not occupy more than 5% of the gross
area of the camping ground. Such establishments shall be restricted
in their use to occupants of the camping ground.
(2)
Such establishments shall present no visible evidence
from any street outside the camping ground of their commercial character
which would attract customers other than occupants of the camping
ground.
(3)
The structures housing such facilities shall not be
directly accessible from any public street, and shall only be accessible
from a street within the camping ground.
H.
Plans for sewage disposal and water supply shall be
designed in accordance with standards promulgated by the New York
State Department of Health and/or Environmental Conservation, and
shall receive approval from said agencies.
I.
J.
Recreation facilities. A minimum of 8% of the gross
site area for the camping ground shall be set aside and developed
as common use areas for open or enclosed recreation facilities. No
travel trailer site, required buffer strip, street right-of-way, storage
area or utility site shall be counted as meeting recreational purposes.
K.
Entrances and exits to camping grounds shall be designed
for safe and convenient movement of traffic into and out of the camping
ground and to minimize friction with movement of traffic on adjacent
streets. All traffic into or out of the camping ground shall be through
such entrances and exits. No entrance or exit shall require a turn
at an acute angle for vehicles moving in the direction intended. Road
curbs shall have a minimum radius of 50 feet and shall be designed
for drive-through campsite parking.
L.
An adequate lighting system shall be provided for
the camping ground. Pedestrian walkways shall be provided to lead
to all parking areas, rest rooms or other service buildings. All walkways
shall have adequate lighting.
M.
All utilities shall be underground.
N.
Not less than one covered twenty-gallon garbage receptacle
shall be provided for each campsite. No campsite shall be situated
further than 100 feet from a garbage receptacle. Garbage and rubbish
shall be collected and disposed of as often as may be necessary to
insure sanitary conditions.
O.
All applicable sanitation standards promulgated by
the State of New York, County of Orleans, or Town of Barre shall be
met.
P.
Setbacks. Each building or structure within a camping
ground shall comply with the setback regulations applicable to the
zoning district in which such camping ground is located, except that
travel trailers, campers, tents, motor homes, and the motor vehicles
propelling or carrying the same may be located not closer than 25
feet to any side or rear lot line nor closer than 60 feet to any front
lot line.
Q.
Campsites and buildings shall be set back not less
than 50 feet from any stream which carries water more than six weeks
per year.
The Planning Board may approve a special use
permit for cluster residential developments of one-family dwellings
in the AR Agricultural/Residential Districts and in the R-1 Residential
District, provided that the following standards and provisions are
maintained:
A.
A site development plan shall be submitted in conformance
with the requirements of Article X of this chapter.
B.
The minimum tract size shall be 15 acres.
C.
The lot size, yard, area and height requirements shall
be established on an individual case basis which reflects the unique
conditions of each site proposed for development, the potential impact
on adjacent properties and to insure consistency with the Town Comprehensive
Plan.
D.
The number of lots or units (density of development)
in a cluster plan shall not exceed that which could be created under
a conventional development plan for the same tract of land.
E.
The developers shall set aside an area of not less
than 20% of the gross acreage of the tract to be devoted exclusively
to permanent recreation areas or open space.
F.
All recreation or open space areas shall, in the opinion
of the Planning Board, be suitable for such use. The ownership and
future maintenance of such recreation areas shall be subject to the
approval of the Town Board or offered for dedication to the Town.
G.
In determining the overall density to be allowed for
a residential site, all areas of the site will be included.
The Planning Board may approve a special use
permit for a conference/resort complex in the AR Agricultural/Residential
District provided that the following standards and provisions are
maintained:
A.
All applicable health and safety codes, including
provisions of the New York State Fire Prevention and Building Code,
are met.
B.
The maximum amount of coverage of buildings and paved
areas on the lot shall not exceed 15% of the lot area.
C.
Landscaped buffers shall be provided, which are sufficient
to screen views of the facility from neighboring property and to minimize
the impacts of noise, traffic and other operations of the facility
on neighboring property, roads and other public facilities.
The Planning Board may approve a special use
permit for a drive-in business in the B General Business District,
provided that the following standards and provisions are maintained:
A.
The following information shall be submitted as part
of the application for site plan approval and for a special use permit
for a drive-in business, in addition to that information required
in other sections of this chapter.
B.
All drive-in businesses shall be a minimum of 200
feet from other such businesses, which distances shall be computed
as follows:
(1)
For such businesses on the same side of the street,
200 feet measured between the two closest property lines.
(2)
For such businesses on opposite sides of the street,
200 feet measured diagonally between the two closest property corners.
(3)
For four-corner intersections, one such business may
be located on a diagonally opposite corner exclusive of the two-hundred-foot
distance requirement.
C.
Banks with drive-in facilities shall be permitted,
provided that at least five car-length spaces are provided in the
approach drive within the property line of the lot for each drive-in
teller's window. Such spaces shall be exclusive of required off-street
parking spaces.
D.
All drive-in businesses shall provide suitable storage
of trash in areas which are so designated and constructed as to allow
no view of the trash storage from the street, to prevent wastepaper
from blowing around the site or adjacent properties or public rights-of-way,
and to permit safe, easy removal of trash by truck or hand.
E.
The minimum distance from any driveway to a side lot
line shall be 20 feet.
F.
The minimum distance between driveways on the site
shall be 50 feet measured from the two closest driveway curbs.
G.
The minimum distance into the site from a street intersection
shall be 30 feet measured from the intersection of the street right-of-way
to the nearest end of the curb radius.
H.
Drive-in businesses adjacent to or integrated in a
shopping center or cluster of commercial facilities shall use the
common access with other business establishments in that center.
I.
Exterior lighting proposed for the site shall be planned,
erected and maintained so it will not cast direct light or glare upon
adjacent properties or public rights-of-way. The light source shall
not be higher than 20 feet.
J.
Sufficient landscaping and fencing shall be provided
in order to minimize visual impacts and minimize conflicts with adjacent
land uses.
K.
Water supply and sewage disposal systems shall be
reviewed by the Orleans County Health Department.
L.
Any outdoor eating area associated with a drive-in
restaurant shall be maintained, landscaped and physically separated
from any off-street parking area or driveway. Outdoor eating shall
be allowed only if all parking and vehicular travel areas have a dust-free
(paved) surface.
Essential services and utilities may be allowed
as special permit uses in all districts by the Planning Board. The
Planning Board shall determine the following prior to approving a
special permit:
A.
The proposed installation in a specific location is
necessary and convenient for the efficiency of the essential services
or the satisfactory and convenient provision of service to the area
in which the particular use is located.
B.
The design of any building in connection with such
facility shall conform to the general character of the area and will
not adversely affect the safe and comfortable enjoyment of property
rights in the district in which it is to be located.
C.
Adequate landscaping will be provided to create a
visual and sound buffer between such facilities and adjacent property.
D.
Adequate and attractive fences and other safety devices
will be provided.
E.
Adequate off-street parking shall be provided.
F.
All new and replacement electric distribution, telephone,
cable TV and other lines shall be placed underground, if practical,
as determined by the Planning Board during site plan review.
G.
All points of necessary access, or transformers, shall
be placed in secure structures at ground level.
H.
All major electrical transformer facilities or substations,
if above ground, shall be secured by an outer and inner fence, each
10 feet from each other at any point; also no transformer or associated
switches shall be closer than 100 feet from any lot line.
The Planning Board may approve a special use
permit for farm markets in the AR Agricultural/Residential Districts,
provided that the following standards and provisions are maintained:
A.
Such structures shall not exceed 2,000 square feet
of floor area.
B.
Not more than 1/3 of the total floor area shall be
for the display and sale of products grown off the premises.
D.
Sufficient land area shall be provided to accommodate
off-street parking for not less than three vehicles on site.
The Planning Board may approve a special use
permit for home occupations in the AR Agricultural/Residential and
in the R-1 Residential Districts, provided that the following standards
and provisions are maintained:
B.
The business shall be owned and operated by the occupant
of the residential structure.
C.
A total of at least four parking spaces shall be provided.
Such parking shall be provided off the street and other than in a
required front yard.
D.
No more than three persons, other than members of
the immediate family occupying such dwelling, shall be employed as
part of the home occupation or home professional occupation.
E.
A home occupation or home professional occupation
must be conducted within a dwelling which is bona fide residence of
the principal practitioner or in an accessory building thereto which
is normally associated with a residential use. Such home occupations
may occupy either up to 30% of the gross floor area of the residence
to be used for the conduct of the home occupation or up to 40% of
the floor area of an accessory structure but not both.
F.
In no way shall the appearance of the structure be
altered or the occupation within the residence be conducted in a manner
which would cause the premises to differ from its residential character
either by the use of colors, materials, construction, lighting, signs,
or the emission of sounds, noises or vibrations.
G.
No outdoor display of goods or outside storage of
equipment or materials used in the home occupation or profession shall
be permitted.
J.
No use shall create noise, dust, vibration, smell,
smoke, glare, electrical interference, fire hazard, or any other hazard
or nuisance to any greater or more frequent extent than that usually
experienced in an average residential occupancy in the district in
question under normal circumstances wherein no home occupation exists.
K.
Only one commercial-type vehicle may be used in connection
with the home occupation.
L.
Not more than one home occupation or profession shall
be permitted for each residential property.
The Planning Board may approve a special use
permit for a junkyard, auto wrecking and dismantling yard in the LI
Light Industrial District, provided the following standards and provisions
are maintained:
A.
The provision of the State Junkyard Law (General Municipal
Law § 136, as amended) are hereby adopted by reference and
shall apply to all junkyards as defined in this chapter. The expansion
or alteration of existing junkyards shall also be governed by the
provisions of this section.
C.
A junkyard shall be completely surrounded with a solid
fence at least eight feet in height which completely obscures the
junkyard from public view and with a suitable gate which shall be
closed and locked except during the working hours of such junkyard
or when the applicant or his agent shall be present. Such fence shall
be erected no nearer than the required setbacks.
D.
All junk stored or deposited by the operator shall
be kept within the enclosure of the junkyard except as removal shall
be necessary for the transportation of same in the reasonable course
of business.
E.
All vehicles or engines stored in the yard shall first
be drained of any oil, gasoline or other fluids. Such fluids shall
be safely stored and disposed of off site.
F.
There shall be no storage or stockpiling of tires
or batteries except within an enclosed building.
G.
Direct sales to the general public shall be confined
to an enclosed building located on the site except for the sale of
reconditioned motor vehicles. Said motor vehicles may be displayed
in a defined area outside of the fenced junkyard portion but on the
subject parcel. A minimum area of 200 square feet shall be required
for each motor vehicle displayed for sale.
H.
No motor vehicle or dismantled parts may be stored
within 100 feet of the bed of a stream carrying water on an average
of six months of the year.
J.
A performance bond shall be submitted in an amount
determined by the Planning Board as sufficient to cover the cost of
required fencing, restoration of property, and Planning Board review.
K.
Special permits granted pursuant to this section shall
be inspected annually.
The Planning Board may approve a special use
permit for kennels in the AR Agricultural/Residential District and
the B General Business District, provided that the following standards
and provisions are maintained:
A.
The lot size shall be adequate to accommodate the
number of animals proposed to be housed at site The Planning Board
shall specify a minimum lot size on a case-by-case basis.
B.
The Planning Board may require fencing or suitable
enclosure for facilities located outside the building and, in addition,
may require buffer landscaping to create a visual, sound and smell
buffer between such facilities and adjacent properties.
C.
The Planning Board shall specify the minimum lot size,
setbacks for shelter, and kennel outdoor runs for the animals.
D.
Adequate provisions shall be made for disposing of
animal waste.
E.
Noise and odors shall not become a nuisance to adjacent
property owners.
F.
In issuing the special use for kennels the Planning
Board shall specify the maximum number and types of animals to be
housed, boarded or trained.
G.
All animals shall be kept within a totally enclosed
building between 8:00 p.m. and 6:00 a.m.
A.
The Planning Board may approve a special use permit
for manufactured home parks in the AR Agricultural/Residential District,
R-1 Residential District, and the B General Business District, provided
that the following standards and provisions are maintained:
(1)
The minimum site area of proposed manufactured home
parks shall not be less than 20 acres.
(2)
Individual manufactured home lots shall have an area
of not less than 7,500 square feet. Each individual lot shall front
on an interior park roadway and have a minimum width of 75 feet.
(4)
The minimum setbacks of every manufactured home, building
or other structure in a park from the nearest public street line shall
be 70 feet, and from every other lot line of the park shall be 40
feet.
(5)
Not more than one manufactured home shall be located
on any one individual lot. Every manufactured home within a park shall
be located on a manufactured home lot shown on the approved site plan
for said park.
(6)
At least one framed service building shall be constructed
in each manufactured home park which shall be adequate to provide
for storage of all equipment, tools and materials necessary for the
maintenance of the park, and all such equipment, tools, and materials
shall be stored within said building when they are not in use.
(7)
Each individual lot shall have not less than two off-street
parking spaces. Such parking spaces shall be connected to the entrance
of the manufactured home by a paved sidewalk having a minimum width
of 36 inches.
(8)
No boats, campers, travel trailers, recreational vehicles,
or unregistered and unregistered motor vehicles shall be parked or
stored at any place within a manufactured home park except in areas
designated and approved for such storage as part of the site plan
approval.
(9)
Every travel lane and parking lane within a manufactured
home park shall have a minimum pavement width of 12 feet, and each
roadway shall have a minimum right-of-way width of 50 feet. If culs-de-sac
exist, they shall have a minimum diameter of 80 feet.
(10)
A complete water distribution system approved
by the Orleans County Health Department and other appropriate agencies,
including a water service pipe for each manufactured home lot and
appropriately spaced fire hydrants, shall be installed.
(11)
A public sanitary sewage disposal system approved
by the Orleans County Health Department and other appropriate agencies
shall be installed, including a sewer connection for each manufactured
home lot.
(12)
All public utility, electric, gas, cable television
and telephone lines shall be installed underground.
(13)
Appropriate lighting shall be installed on interior
roadways with the minimum number of lights being one light for each
house or lot and one light at each intersection of interior roadways.
(14)
Pedestrian walkways, if provided, shall be a
minimum of five feet in width.
(15)
A landscape plan shall be prepared and carried
out which will assure the Planning Board that an appropriate planting
of trees and shrubs will be included in the park design, including
screening where necessary.
(16)
No manufactured home shall be located on a manufactured
home lot until the roadways, sanitary sewage disposal system, water
supply system, storm drainage system, streetlighting, landscaping,
recreation areas, framed service buildings, and accessory vehicular
storage buildings serving the manufactured home park have been installed
in accordance with the approved site plan for the park.
(17)
Each roadway shall be named and noted upon signs
at each roadway intersection. Each manufactured home lot shall be
assigned a permanent number which shall be noted on the manufactured
home lot in a location clearly visible from the roadway.
(18)
All fuel tanks used for heating within a manufactured
home park, including all fuel tanks used for heating within individual
homes, shall be installed in accordance with NFPA standards.
(19)
Every manufactured home park shall have a recreational
area or open space area for use by the occupants of the park. Such
areas shall be appropriately located as the topography and design
of the park permit. Such areas shall not be less than one acre for
the first 20 manufactured home lots, with an additional 1,000 square
feet provided for each additional manufactured home lot.
(20)
The park owner/operator shall provide for the
regular collection and disposal of garbage, trash, and rubbish for
all residents of the park.
(21)
No more than one accessory building shall be
permitted on any individual manufactured home lot.
(22)
Each manufactured home shall be enclosed at
the bottom with a fire-resistant, properly maintained, stable, and
enclosed skirt within 30 days after the placement of the home on the
lot.
(23)
No enclosure or addition, with the exception
of carports, door porches, and patios, shall be constructed on, added
to, or attached to the exterior of any manufactured home.
(24)
No manufactured home shall be offered for sale,
displayed for sale, or sold within a park unless such manufactured
home is located on an individual manufactured home lot and is connected
to electric, sewer and water services.
(25)
Every roadway within a manufactured home park
shall be maintained in good repair and shall be open at all times
reasonably possible for travel by occupants of the park and necessary
fire, police, ambulance, public utility maintenance and fuel supply
vehicles. The park owner/operator shall be responsible for providing
and paying the cost of such maintenance and for all necessary snow
removal.
(26)
Sale of lots. Any sale of a manufactured home
lot or lots, or a portion of a manufactured home park, other than
the entire manufactured home park, as shown on the plan of such park
approved by the Town, shall thereupon immediately invalidate the special
permit for such park approved by the Planning Board. Any use of any
of the premises within the manufactured home park other than as a
manufactured home park shall thereupon immediately invalidate the
special permit of such park approved by the Planning Board.
(27)
Home occupations. Home occupations or businesses
shall not be permitted in any individual manufactured home located
within a park.
The Planning Board may approve a special use
permit for the sales of motor vehicles, boats or manufactured homes
in the General Business (B) District, provided that the following
standards and provisions are maintained:
A.
Such sales may be conducted either in a fully enclosed
building located on the same lot or in an unenclosed area.
(1)
If such sales are conducted in a fully enclosed building
located on the same lot, such building shall have a building area
of not less than 5,000 square feet devoted to the sale and service
of automobiles or boats.
(2)
If sale of new and/or used automobiles, boats or manufactured
housing is carried on in an unenclosed area, the following standards
shall be maintained:
(a)
Such unenclosed area used for the storage of
automobiles or boats, or traversed by motor vehicles, shall be paved,
shall be suitably drained, and shall be maintained in a neat and orderly
manner.
(b)
All exterior illumination shall be approved
by the Planning Board and shall be shielded from the view of all surrounding
properties and streets.
(c)
Suitable landscaping and/or fencing of such
unenclosed area shall be required.
(d)
No establishment for the sale of new and used
automobiles, boats or manufactured housing shall be opened, conducted,
or maintained except as provided above. None of the provisions of
this section, however, shall be deemed to prohibit the continuance
of the present use of any property for the sale of new and used automobiles,
boats, or manufactured housing, provided that any such continued use
shall be subject to all of the provisions of this section. Plans for
any changes required to bring about such conformance shall be submitted
to and approved by the Planning Board before any such change shall
be made. The Planning Board may approve, modify, or disapprove such
plans and may impose reasonable and appropriate conditions to such
approval so that the spirit of this chapter shall be observed.
C.
No vehicles shall be displayed for sale or rent within
35 feet of the front property line, or within 25 feet of any side
or rear property line. No manufactured homes shall be displayed within
any required building setback. The maximum coverage for buildings
shall apply to manufactured homes for sale, in addition to buildings
used in the conduct of such sales.
D.
No retail sale of fuels shall occur on the site at
any time.
F.
No exterior light source shall be erected in excess
of 50 feet above the ground surface, and all lighting shall be placed
to eliminate the casting of direct light or glare upon adjacent properties.
The Planning Board may approve a special use
permit for motor vehicle service stations and auto repair shops in
the B General Business District, provided that the following standards
and conditions are maintained:
A.
In addition to the information required in the special
permit and site plan review applications and enumerated in Articles
X and XI herein, the site plan submitted shall also show the location
and number of fuel tanks to be installed, the dimensions and capacity
of each storage tank, the depth the tanks will be placed below the
ground, and number and location of fuel pumps to be installed.
B.
Such uses shall be screened from adjacent uses by
a buffer area not 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 property line. The
Planning Board shall determine on an individual case basis how close
to the right-of-way the landscaped buffer shall be required to be
installed. Such buffer screen shall have a minimum height of six feet
above the ground. If said shrubbery becomes decayed and fails to provide
an adequate screen, the Code Enforcement Officer shall direct the
property owner to replace said shrubs.
C.
The entire area of the site traveled by motor vehicles
shall be hard surfaced.
D.
All repairs of motor vehicles, except for minor servicing,
shall be performed in a fully enclosed building. No motor vehicle
parts or partially dismantled motor vehicles shall be stored outside
of an enclosed building.
E.
No commercial parking shall be allowed on the premises
of a motor vehicle service station or auto repair shop.
F.
Accessory goods for sale may be displayed on the pump
island and the building island only. The outdoor display of oil cans
and/or antifreeze and similar products may be displayed on the respective
island if provided for in a suitable stand or rack.
G.
No accessory building or structure, including gasoline
pump or automotive service appliances, shall be erected within 40
feet of any street line.
H.
No motor vehicle service station or auto repair shop
may display more than four unregistered vehicles for sale or repair
outside of an enclosed building at any one time. All licensed motor
vehicles being serviced or repaired shall be stored in a neat, orderly
manner.
I.
No motor vehicle service station or auto repair shop
shall have more than two driveways on any public street fronting the
site. The driveway width on any street shall not exceed 1/3 of the
total site frontage on each street.
J.
No driveway shall be closer than 50 feet to the intersection
of two street lines or within 20 feet of an adjacent lot line.
K.
No motor vehicle service station or auto repair shop
and no driveway to any such use shall be established within 200 feet
of the boundary line of the R-1 Residential District, or of any school,
church, park, playground, public library, or any place of public assembly
designed for occupancy by 50 persons or more, regardless of the district
where the subject premises are located. For the purposes of this section,
the distance shall be measured along the street line on the side of
the street where such use is proposed or such driveway would cross.
The Planning Board may approve a special use
permit for multiple-family developments in the B General Business
District, provided that the following standards and provisions are
maintained:
A.
The maximum gross density shall not exceed eight units
per acre.
B.
Minimum habitable floor area requirements:
(1)
Townhouse units with two bedrooms or less: 850 square
feet.
(2)
Townhouse units with three bedrooms or more: 1,000
square feet.
(3)
Efficiency apartment unit: 450 square feet.
(4)
Apartment unit with one bedroom: 550 square feet.
(5)
Apartment unit with two bedrooms: 700 square feet.
(6)
Apartment unit with three bedrooms: 900 square feet.
D.
Setback requirements.
(1)
The minimum front setback from the right-of-way of
any public street shall be 75 feet.
(2)
The side and rear setbacks shall be 50 feet from all
other lot lines.
(3)
Minimum distance between buildings in a multiple-family
dwelling development shall be 60 feet.
(4)
Direct line of sight visibility from one building
to another shall not be less than 100 feet.
(5)
Every building shall have a minimum setback of 25
feet from all interior roads, driveways and parking areas.
(6)
A strip of land at least six feet in width surrounding
each building shall be kept completely open except for foundation
plantings of less than six feet in height.
(7)
Courtyards bounded on three sides by the wings of
a single building or by the walls of separate buildings shall have
a minimum court width of two feet for each one foot in height of the
tallest adjacent building.
E.
No exterior wall shall exceed 100 feet in length unless
there is a lateral offset of at least eight feet in its alignment
not less frequently than along each 100 feet of length of such exterior
wall.
F.
All stairways to the second floor or higher shall
be located inside the building.
G.
Access to public road.
(1)
All multiple-family dwelling developments shall have
direct access to public roads.
(2)
If there are more than 12 dwelling units in a multiple-family
development, direct access shall be provided to a public road by a
private driveway or a road dedicated to the Town by the developer.
(3)
If there are more than 50 dwelling units in a multiple-family
development, or if in the opinion of the Planning Board the location
or topography of the site indicates the need for additional access,
the Planning Board may require such additional access as a condition
of site plan approval.
H.
Requirements for off-street parking as provided in
§ 350-30 of this chapter shall be met, except that the location
of off-street parking lots may be modified to conform with the approved
site plan, provided that such lots shall not be located within the
front yard or the required side yard setback. Paved pedestrian walkways,
with appropriate lighting, shall be provided from off-street parking
areas to all living units each parking area is intended to serve.
I.
Off-street parking shall be provided in the amount
of two spaces for each unit.
J.
The aggregate of building coverage of a multiple-family
dwelling development shall not exceed 30% of the total lot area.
K.
Services.
(1)
Each dwelling unit shall contain complete kitchen
facilities, toilet, bathing and sleeping facilities.
(2)
There shall be a minimum common storage area in each
building for bicycles, perambulators and similar type equipment of
40 square feet in area, a minimum of five feet in height and not less
than four feet in width per dwelling unit.
(3)
Sufficient laundry, drying, garbage pickup and other
utility areas shall be provided and shall be located with a view both
to convenience and to minimizing the detrimental effect on the aesthetic
character of the building(s) and shall be enclosed and shielded from
view by fencing, walls or shrubbery of at least six feet in height
around the perimeter. Fencing and walls shall be not more than 50%
open on the vertical surface.
L.
Recreation, open space, maintenance.
(1)
Multiple-family dwelling complexes shall be designed
to create usable private open space. A minimum of 10% of the total
tract area, exclusive of the required setback areas, buffer strip
and parking areas, shall be designated for common recreational purposes.
(2)
No recreational area shall be less than 10,000 square
feet in area nor less than 100 feet in width. Areas designated for
recreation purposes shall be approved by the Planning Board.
(3)
Multiple-family dwelling complexes shall be attractively
shrubbed and properly maintained. Open space adjacent to, around,
or between driveways, parking areas, structures or other required
improvements shall be graded and seeded to provide a thick stand of
grass or other plant material.
M.
Utilities.
(1)
All public utility, electric, gas, cable television
and telephone lines shall be installed underground.
(2)
Multiple-family developments shall be connected to
and served by public water supply and sanitary sewer systems. Such
systems shall be approved by the Orleans County Health Department
and other applicable agencies.
The Planning Board may approve a special use
permit for public and semipublic uses of an institutional, health,
educational, recreational, religious or cultural nature in any zoning
district, provided that the following standards and provisions are
maintained:
A.
Day-care centers.
(1)
All day-care centers shall have an active outdoor
play area of 100 square feet per child.
(2)
Outdoor play areas shall be appropriately fenced in
or otherwise protected from roads and nearby properties.
(3)
No outdoor play equipment may be placed within 10
feet of any property line, fence, or structure.
(4)
Minimum parking shall be one space per staff member,
plus one space per each five children.
(5)
The operator shall have a valid license from New York
State.
B.
All other public and semipublic uses.
(1)
The application shall include a statement setting
forth the details of the operation of the use.
(2)
The applicant shall provide evidence of approval,
certificate of need, license or other similar document required to
initiate or expand such a use from any and all appropriate regulating
agencies.
(4)
The proposed use shall meet the minimum off-street
parking and loading and unloading requirements of this chapter as
well as provisions for landscaping, buffering, signs and accessways.
(5)
The Planning Board, in considering the request for
a special use permit, may impose conditions it deems necessary to
protect the health, safety and public welfare of the Town.
The Planning Board may approve a special use
permit for the use of land and buildings for stables for the commercial
boarding of horses or riding academies in the AR Agricultural/Residential
District, provided that the following standards and provisions are
maintained:
A.
No site preparation or construction shall commence
nor shall existing structures be occupied until final site plan approval
has been granted by the Planning Board and permits have been issued
by all governmental agencies involved.
B.
The permitted use may include any of the following:
(1)
Storage of horse vans for conveying or vanning of
horses as may be accessory to the principal use.
(2)
Sale or rental of horses for use by public by the
hour, day, month or year.
(3)
Rides on horses by the public.
(4)
Rental of horse vans.
(5)
Riding lessons to the public.
(6)
Sale of horse supplies and/or equipment.
C.
The land devoted to this use shall not be less than
10 contiguous acres.
D.
One principal single-family dwelling may be located
on the land devoted to this use, provided that it complies with the
requirements for this chapter. The land area on which the principal
single-family dwelling is located (minimum lot size of AR District)
shall not be considered as part of the land devoted to this use as
set forth in Subsection C above.
E.
The number of horses that may be boarded and/or trained
at such property shall not exceed 25 horses for the first 10 acres
of land devoted to this use, plus one horse for each additional 1/2
acre of land available for such purpose.
F.
The stable shall be located not less than 100 feet
from any boundary line. The storage of manure shall be located on
land not less than 200 feet from any boundary line. The Planning Board
may require manure storage areas to be screened and/or buffered from
adjacent areas.
G.
Any riding ring shall be at least 50 feet from any
boundary line.
H.
Accessory buildings, such as barns (not housing horses),
sheds and the like, may be located on the land devoted to this use,
provided that they are set back a minimum of 50 feet from the street
line and from each boundary, and provided further that they are not
used for the storage of manure.
I.
Structures on the land devoted to this use (not including
the principal dwelling) shall not be in the aggregate cover more than
5% of the area of the land devoted to this use.
J.
No structure shall exceed 35 feet in height.
K.
Suitable and adequate off-street parking shall be
provided in accordance with the requirements established by this chapter
and the Planning Board.
L.
Exterior lighting shall be permitted only to the extent
necessary to prevent injury to the public and shall be so installed
and arranged as to reflect light away from the adjoining streets and
prevent any nuisance to adjoining property.
M.
The installation and use of exterior loudspeakers
shall be conducted in such a manner as to minimize potential nuisances
to adjacent properties.
The Planning Board may approve a special use
permit for the use of land and buildings for a telecommunications
facility in the AR Agricultural/Residential District or the LI Light
Industrial District, provided that the following standards and provisions
are maintained:
A.
Purpose. The purpose of these supplemental regulations
is to promote health, safety, and the general welfare of the residents
of the Town of Barre; to provide standards for safe provision of telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of telecommunications towers in the community by
encouraging shared use of existing and future towers, and the use
of existing tall buildings and other high structures; and to minimize
adverse visual effects from telecommunications towers by requiring
careful siting, visual impact assessment, and appropriate landscaping.
B.
General criteria. 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 it finds that such telecommunications facility:
(1)
Is necessary to meet current or expected demands for
service;
(2)
Conforms with all applicable regulations promulgated
by the Federal Communications Commission, Federal Aviation Administration,
and other federal agencies;
(3)
Is designed and constructed in a manner which minimizes
visual impact to the extent practical;
(4)
Complies with all other requirements of this chapter,
unless expressly superseded herein;
(5)
Is the most appropriate site among those available
within the technically feasible area for the location of a telecommunications
facility;
(6)
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
permit if there would be no increase in the height of the tower. However,
the additional equipment will require site plan review.
C.
Co-location.
(1)
The shared use of existing telecommunications facilities
or other structures shall be preferred to the construction of new
facilities. Any special permit applications, renewal or modification
thereof shall include proof that reasonable efforts have been made
to co-locate within (share) an existing telecommunications facility
or upon an existing structure. The application shall include an adequate
inventory report specifying existing telecommunications facility sites
and structures exceeding 75% of the height of the proposed tower within
the search range of the cell grid. The inventory report shall contain
an evaluation of opportunities for shared use an alternative to the
proposed location.
(2)
The applicant must demonstrate that the proposed telecommunications
facility cannot be accommodated on existing telecommunications facility
sites in the inventory due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural
capacity of existing and approved telecommunications facilities or
other structures, considering existing and planned use for those facilities;
(b)
The planned equipment would cause radio frequency
interference with other existing or planned equipment, which cannot
be reasonably prevented;
(c)
Existing or approved telecommunications facilities
or other structures do not have space on which proposed equipment
can be placed so it can function effectively and reasonably;
(d)
Other technical reasons make it impracticable
to place the equipment proposed by the applicant on existing facilities
or structures;
(e)
The property owner or owner of the existing
telecommunications facility or other structure refuses to allow such
co-location.
D.
Dimensional standards.
(1)
A fall zone around any tower constructed as part of
a telecommunications facility must have a radius at least equal to
the height of the tower and any antenna(s) attached upon its zenith.
The entire fall zone may not include public roads and must be located
on property either owned or leased by the applicant or for which the
applicant has obtained an easement, and may not contain any structure
other than those associated with the telecommunications facility.
If the facility is attached to an existing structure, relief may be
granted by specific permission of the Zoning Board of Appeals on a
case-by-case basis.
(2)
All telecommunications facilities shall be located
on a single parcel.
(3)
All telecommunications facilities shall comply with
the setback standards of the underlying zoning district. The size
of the leased or owned lot shall be, at a minimum, sufficiently large
to include the entire fall zone. A lot leased or owned for the purpose
of construction of a tower as part of a telecommunications facility
shall not result in the creation of a nonconforming lot.
(4)
The frontage requirement of the underlying zoning
district shall not apply, provided the telecommunications facility
is not proposed on a parcel to be partitioned specifically for the
facility and/or is designed for occupancy by staff. In the absence
of required frontage, an access for service vehicles, either through
easement, lease or ownership, shall be in accord with Subsection G
herein.
E.
Lighting and marking.
(1)
Towers shall not be artificially lighted and marked
beyond requirements of the Federal Aviation Administration (FAA).
F.
Appearance and buffering.
(1)
The use of any portion of a telecommunications facility
for signs, promotional or advertising purposes, including, but not
limited to, company name, phone numbers, banners, streamers, and balloons
is prohibited.
(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 E(1)
and (2) herein, shall otherwise:
(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 structures shall maximize the use of building
materials, colors, and textures designed to blend in with the natural
surroundings.
(4)
The Planning Board may require a state environmental
quality review (SEQR) full EAF (environmental assessment form) for
proposed facilities at key viewpoints in the community. A visual environmental
assessment form (visual EAF) may be required as an addendum to either
the full or short EAF. The Planning Board may require submittal of
a more detailed visual analysis based on the results of the visual
EAF.
(5)
The Planning Board shall require that the facility
have appropriate vegetative buffering around the fences of the tower
base area, accessory structures and the anchor points of guyed towers
to buffer their 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 adjacent to waterways, landmarks, refuges, community
facilities, or conservation or historic areas within common view of
the public.
(6)
Equipment or vehicles not used in direct support,
renovations, additions or repair of any telecommunications facility
shall not be stored or parked on the facility site.
G.
Access and parking.
(1)
Accessways shall make maximum use of existing public
or private roads to the extent practicable. New accessways constructed
solely for telecommunications facilities must be at least 20 feet,
but no more than 30 feet wide, and closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
(2)
The road surface (driveways) shall be centered within
accessways and shall not comprise more than 60% of the width of the
accessway.
(3)
Parking areas shall be sufficient to accommodate the
greatest number of service vehicles expected on the premises at any
one time.
(4)
Driveways or parking areas shall provide adequate
interior turnaround, such that service vehicles will not have to back
out onto a public thoroughfare.
H.
Security.
(1)
Towers, anchor points of guyed towers, and accessory
structures shall each be surrounded by fencing at least eight feet
in height, the top foot of which may, at the discretion of the Planning
Board in deference to the character of the neighborhood, be comprised
of three strands of barbed wire to discourage unauthorized access
to the site.
(2)
Motion-activated or staff-activated security lighting
around the base of a tower or accessory structure entrance may be
provided if such lighting does not project off the site. Such lighting
should only occur when the area within the fenced perimeters has been
entered.
(3)
There shall be no permanent climbing pegs within 15
feet off the ground of any tower.
(4)
A locked gate at the junction of the accessway and
a public thoroughfare may be required to obstruct entry by unauthorized
vehicles. Such gate must not protrude into the public right-of-way.
I.
Engineering and maintenance.
(1)
Site plans for all telecommunications facilities must
bear the seal of a professional engineer licensed to practice in the
State of New York. Every facility shall be built, operated and maintained
to acceptable industry standards, including, but not limited to, the
most recent, applicable standards of the Institute of Electric and
Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI).
(2)
Every facility shall be inspected at least every second
year for structural integrity by a New York State licensed engineer.
A copy of the inspection report shall be submitted to the Municipal
Code Enforcement Officer.
(3)
A safety analysis by a qualified professional must
accompany any special permit or site plan application, renewal thereof
or modification, for the purpose of certifying that general public
electromagnetic radiation exposure does not exceed standards set by
federal regulations.
(4)
The municipality, at the expense of the applicant,
may employ its own consulting assistance to review the findings and
conclusions of safety analysis, visual analysis, or structural inspection
provided by the applicant.
J.
Removal.
(1)
At the time of submittal of the application of a special
use permit for a telecommunications facility, the applicant shall
submit an agreement to remove all antennas, driveways, structures,
buildings, equipment sheds, lighting, utilities, fencing, gates, accessory
equipment or structures, as well as any tower(s) dedicated solely
for use within a telecommunications facility if such facility becomes
technologically obsolete or ceases to perform its originally intended
function for more than 12 consecutive months. Upon removal of said
facility, the land shall be restored to its previous condition, including,
but not limited to, the seeding of exposed soils.
(2)
At the time of obtaining a building permit, the applicant
must provide a financial security bond for removal of the telecommunications
facility and property restoration, with the municipality as the assignee,
in an amount approved by the Planning Board, but not less than $100,000.
(3)
At time of renewal or modification of the special
use permit, the Planning Board may adjust the required amount of the
financial security bond to adequately cover increases in the cost
of removal of the telecommunications facility and property restoration.
Adult bookstores and adult entertainment establishments,
as defined herein, may be approved in the LI Light Industrial District
by the Town Planning Board following a public hearing and provided
that the standards and provisions specified below are maintained:
A.
Purpose.
(1)
In the execution of this chapter it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened by their concentration in any one
area, thereby having deleterious effects on adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhood or land uses.
(2)
It is further declared that the location of adult
bookstores or adult entertainment establishments in areas where youth
may regularly assemble, and the general atmosphere encompassing their
operations, is of great concern to the Town of Barre.
(3)
These special regulations are intended to accomplish
the primary purpose of preventing a concentration of these uses in
any one area and restricting their accessibility to minors.
B.
General regulations.
(1)
The proposed use shall be operated in a manner that
is consistent with the New York State Penal Law relating to exposure,
obscenity or lewdness.
(2)
An adult bookstore or adult entertainment establishment
use shall not be operated within 1,000 feet of:
(3)
An adult bookstore or adult entertainment establishment
shall not be operated within 1,000 feet of another adult bookstore
or adult entertainment establishment, or on the same lot or parcel
of land.
(4)
An adult bookstore or adult entertainment establishment
shall not be operated in the same building, structure, or portion
thereof, containing another adult bookstore or adult entertainment
establishment.
(5)
For the purpose of this chapter, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structures
as part of the premises where an adult bookstore or adult entertainment
establishment is conducted, to the nearest property line of the premises
of any of the uses specified in Subsection B(2)(a) through (d) identified
above or to another adult bookstore or adult entertainment establishment.
(6)
All adult bookstores or adult entertainment establishments
shall be conducted in an enclosed building, regardless of location.
(7)
No exterior sign shall contain any photographic or
artistic representation of the human body.
(8)
All building openings, entries, windows, doors, etc.,
associated with an adult bookstore or adult entertainment establishment
shall be located, covered or screened in such a manner as to prevent
a view into the interior of the building from any public right-of-way
or adjacent property.
(9)
No adult bookstore or adult entertainment use shall
be established in any building which is used, in part, for residential
purposes.
(10)
No residential use shall be established in any
building which contains an approved adult bookstore or adult entertainment
use.
(11)
No more than one of the adult uses as defined
above shall be located on any lot.
C.
Waiver of restrictions. The restrictions enumerated
in Subsection B above may be waived by the Town Planning Board if
the applicant shows and the Board finds that the following conditions
have been met in addition to the general conditions contained in Article
VIII of this chapter:
(1)
The proposed use will not be contrary to the public
interest or injurious to nearby properties and that the spirit and
intent of this chapter will be observed;
(2)
That the establishment of an additional use of this
type in the area will not be contrary to any program of neighborhood
conservation or improvement, either residential or nonresidential;
and
D.
Amortization. By amortization, the right to maintain
a legal nonconforming adult use shall terminate in accordance with
the following schedule:
|
Amount of Capital Investment* as of the
Effective Date of this Chapter
|
Date Before Which Use
Shall Terminate
| |
|---|---|---|
|
$0 to $5,000
|
January 1, 1998
| |
|
$5,001 to $8,000
|
January 1, 1999
| |
|
$8,001 to $15,000
|
January 1, 2000
| |
|
$15,001 to $22,000
|
January 1, 2001
| |
|
$22,000 or more
|
January 1, 2002
|
|
*
|
NOTE: The term "capital investment"
as used above is defined to mean the initial outlay by the owner or
operator of the use to establish the business as of the date of the
enactment of this chapter, exclusive of the fair market value of the
structure in which the use is located.
|
A.
The Planning Board may approve the construction and
maintenance of temporary housing to support individual agricultural
operation with AR housing to support individual agricultural operation
within an AR District, provided the following standards and condition
are maintained.
B.
The maximum number of temporary housing units allowed
for an individual agricultural operation will be based on:
(1)
Justification of need for the number of dwelling units
requested. This justifications to be based on full-time seasonal employment
by one or more persons living as a family in a temporary dwelling
unit and deriving their principal income from the individual agricultural
operation for which the special use permit is requested.
(2)
A temporary housing unit will be only be occupied
during growing and harvest season for agricultural operation. All
other times the temporary housing units will be secured and maintained
in a state of good repair.
(3)
No temporary housing unit will be used, leased or
rented to another person if that person does not have a legal interest
established with the individual agricultural operation. The landowner
will certify, on an annual basis, that the temporary farm housing
is used for his/her farm labor.
(4)
All temporary housing units will be located on a parcel
that is under the same ownership as the individual agricultural operation.
(5)
All temporary housing units will comply with the New
York Sate Uniform Fire and Building Code.
(6)
All temporary housing units will have a septic system
approved by the Orleans County Health Department, or an approved connection
to the public sewer system.
(7)
All temporary housing units will have an adequate
access to the public highway. The access may be combined with the
driveway for the owner of the individual agricultural operation and
any other temporary housing units associated with said individual
agricultural operation.
(9)
All temporary housing units will be located on the
portion of an actively farmed site which the Planning Board determines
would cause the least disruption to continue farming operation. The
basis for this determination will include an overall site plan identifying
the land needed for production and land needed in support of said
production.
(10)
All temporary housing units will be subject
to the front side and rear setback standards specified for principal
buildings in the AR District.
A.
Background.
(1)
The New York State Department of Environmental Conservation
(DEC) regulates mining and the reclamation of mined land when the
mining operation would remove more than 1,000 tons of material within
a calendar year. Recent court decisions have stated that DEC's authority
supersedes local zoning control of mining operations. Local governments
may regulate whether and where such mining may take place within the
municipality.
(2)
The following suggests a definition of mining/excavation
as well as draft special permit criteria for the review of proposed
mining/excavation operations. Note that extensive regulations are
proposed for small scale operations that are not regulated by DEC
[Subsection C(6)]. For mining operations regulated by DEC, the proposed
regulations are limited to location of mining operations and reference
required DEC permit [Subsection C(5)].
B.
EXTRACTION OF STONE AND OTHER MINING OPERATION
GRAVEL OR SAND PIT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any use of the principal activity of which the extraction
of 500 or more yards of stone, gravel, sand, soil or other minerals
from any lot within a period of 24 consecutive months for the purpose
of sale. The term shall not include the incidental extraction and
sale of soil or minerals as part of an agricultural use, development
of a site, road construction, installation of utilities or other subdivision
improvements.
See "extraction of stone and other mining operation."
C.
Regulations: extraction of stone and other mining
operation. The extraction of stone, sand or gravel shall be permitted
with a special use permit in the districts allowed by this chapter,
provided the following standards and conditions are maintained. The
minimum parcel size shall be not less than 10 acres.
(1)
The extraction of stone, sand and gravel shall be
in accordance with applicable statutory provisions.
(2)
Notwithstanding the following regulations, property
owners may conduct earthmoving, excavation and filling operations
and may utilize gravel, stone or quarry materials in the preparation
of building sites or for activities in accordance with an approved
final subdivision plan, or for agricultural purposes thereon, provided
that such soil, stone, gravel or other materials are not sold.
(3)
The Planning Board may issue and renew permits for
the extraction of minerals for commercial purposes and for the reclamation
of the land affected by the excavation, including any operation accessory
to the excavation or reclamation.
(4)
Renewal of permits shall require that all activities
undertaken pursuant to the initial permit shall have been conducted
in compliance with the terms of such permit and all provisions of
this chapter.
(5)
Regulations applicable to the excavation of more than
1,000 tons of minerals (roughly equivalent to at least 750 cubic yards
or 40 to 50 truckloads) for commercial purposes within 12 consecutive
calendar months and for the reclamation of the land affected by the
excavation, including any operation accessory to the excavation or
reclamation.
(a)
The Planning Board may issue or renew a special
use permit for such a use, provided that the proposed excavation or
reclamation has been duly approved by the New York State DEC in accordance
with the New York State Mined Land Reclamation Law, Article 23, Title
27, of the New York State Environmental Conservation Law.[1]
(b)
All excavation and reclamation shall be made
only in accordance with a mined land use plan, including a mining
and reclamation plan, which has been duly approved by the New York
State DEC. This plan shall meet all applicable environmental protection
codes established by federal, state and county agencies having jurisdiction.
All permit application information, including mined land use plans,
submitted to the DEC, along with all correspondence from the Department
regarding the permit application, shall be submitted to the Town.
(c)
No excavation shall be closer than 100 feet
to any street line or other property line, and no excavation below
the grade of a street or a property line shall be closer than 100
feet therefrom. No excavation shall be closer than 100 feet to a natural
stream.
(d)
The Town shall notify the DEC of local concerns
with regards to activities subject to this subsection.
(6)
Regulations applicable to the excavation of 1,000
or fewer tons of minerals (roughly equivalent to no more than 750
cubic yards or 40 to 50 truckloads) for commercial purposes within
12 consecutive calendar months and for the reclamation of land affected
by the excavation, including any operation accessory to the excavation
or reclamation.
(a)
The Planning Board may issue a permit for a
period of no more than one year. Such permit may be renewed for additional
periods no greater than that for which the permit was originally issued.
(c)
All excavations and reclamation shall be made
only in accordance with plans approved by the Planning Board. These
plans shall meet all applicable environmental protection codes established
by federal, state and county agencies having jurisdiction. In addition
to the information required in Subsection C(5)(b) above, these plans
shall show:[2]
[1]
The location of the site and its relation to
neighboring properties and roads with 500 feet from the site;
[2]
The location of access drives into the site;
[3]
Plans for erosion and sedimentation control
during excavation and reclamation;
[4]
Areas to be excavated;
[5]
The location and description of fences and barricades;
[6]
The location and description of accessory uses;
[7]
The location and description of easements;
[8]
Hours of operation;
[9]
Plans for control of noise and dust;
[10]
Slopes before and after excavation;
[11]
Drainage of surface water and groundwater before
and after excavation;
[12]
The proposed level of any impounded water;
[13]
Proposed vegetation after excavation;
[14]
The disposal of debris, refuse, tailings, waste
or spoils;
[15]
Information from all serving utility companies
as to the location of easements and underground facilities;
[16]
Any additional information required by the Planning
Board to ensure the provisions of this section are complied with.
(d)
No excavation shall be closer than 100 feet
to any street line or other property line, and no excavation below
the grade of a street or a property line shall be closer than 100
feet therefrom. No excavation shall be closer than 100 feet to a natural
stream.
(e)
Fences or barricades shall be erected on all
sides of an excavation area that abuts a residential area or road
to protect pedestrians and vehicles. Fencing may be required depending
upon the existence of an earthen berm, the nature of the operations,
distance from developed area, distance from property lines, depth
of pit water, and slope of pit walls.
(f)
All haulageways leading to public highways shall
be dust and mud free. All precautions shall be taken to prevent dust
and dirt from being blown from the premises.
(g)
Noise created by excavation and reclamation
operations shall not be detrimental to adjacent property nor unduly
interfere with the quiet enjoyment of adjacent property. Noise shall
be in accordance with and not exceed the MSHA levels from sunset to
sunrise.
(h)
All debris, stumps, boulders and similar waste
materials shall be removed from the site and properly disposed of
or, in the case of inorganic material, buried and covered with a minimum
of two feet of compacted soil. All such materials shall have been
identified to the Planning Board as part of the approved application
permit.
(i)
All rock blasting shall occur during daylight
hours Monday through Friday and shall be conducted in accordance with
all applicable regulations under the personal supervision of a person
holding a current license and certificate of competence from the New
York State Department of Labor. Before any blasting occurs, the applicant
shall file evidence of insurance or shall file a bond in such form,
amount and coverage as determined by the Planning Board and Town Attorney
to be adequate in each case to indemnify any injured particles against
damages arising from the blasting.
(j)
Subsoil and topsoil shall be respread over the
excavation areas to a minimum depth of one foot (six inches of topsoil
and six inches of subsoil). This soil shall be treated with lime and
fertilizer and seeded with a grass or legume mixture prescribed by
the Planning Board. The planted area shall be protected from erosion
during the establishment period using generally accepted soil conservation
practices. A plan describing the revegetation of reclaimed land, including
location, size and type of all materials to be planted and the type,
location and rate of all seeding to be done, shall be included as
part of the site plan submitted to the Planning Board.
(k)
An adequate and comprehensive drainage system
shall be provided to convey the stormwater runoff originating on and
crossing the premises in accordance with the natural direction of
runoff for the total watershed areas. During and upon completion of
the excavation operation (with one year after completion of the excavation
operation), the land shall be left so that natural storm drainage
leaves the property at the original drainage points or other drainage
points if appropriate and approved by the Planning Board. Also the
rate of drainage to any one point shall not be significantly increased.
(l)
The reclamation method shall be such to allow
for the future use permitted in the district in which the site is
located. For sites to be reclaimed for residential purposes, a minimum
depth of five feet of undisturbed material above the water table shall
be maintained during excavations.
(m)
Within one year after the termination of the
excavation operation, all equipment, buildings and structures not
consistent with the planned use of the reclaimed land and all unsightly
evidence of the operation shall have been removed from the premises
and disposed of by the methods approved by the Planning Board or other
authority having jurisdiction and all restoration shall have been
completed.
(n)
Reclamation, where possible, shall provide for
orderly, continuing reclamation concurrent with excavation operations,
and all reclamation work shall be completed in accordance with a schedule
accepted as a condition of the approved permit.
(o)
A description of the mining method shall be
provided indicating compliance with all applicable regulations and
environmental codes. Such descriptions shall include, but not necessarily
limited to, the method of extraction, the locations and extent of
any cut or excavation, the location and size of all stockpiles or
spoil banks, the disposition of all materials used in and resulting
from the mining and location and treatment of haulageways.
(p)
All operations shall be conducted in a safe
manner with respect to the likelihood of hazard to persons, physical
damage to adjacent land or improvements or damage to any street or
user of a highway by reason of slides, sinking or collapse.
(q)
Erosion and sedimentation control measures shall
be installed to keep all sediment damage on the applicant's property.
(r)
The final slope of any excavated material shall
not exceed the normal limiting angle of repose of such material, except
where a suitable retaining wall is built to provide lateral support.
(s)
Storage piles of materials obtained as a result
of the mining operation, topsoil and waste materials, including, but
not limited to, vegetation, subsoil, rock overburden, and soil, shall
not be located closer to property lines than is permitted for excavations.
Storage piles shall include material classified as toxic by the New
York State DEC. During excavation operations, all stockpiles of soil
shall be seeded or otherwise treated to minimize the effects of erosion
by wind or water upon public roads, streams or adjacent properties.
After completion of excavation operations, waste materials shall be
removed from the site or may be used in filling all open pits, quarries,
etc., piles of excess waste materials shall be leveled and the excavated
areas shall be graded, topsoil added, seeded and planted to prevent
erosion.
(t)
The Planning Board shall require a cash bond
or letter of credit to be posted in an amount and form to be determined
by that Board, ensuring conformance to approved excavation and reclamation
plans and all applicable regulations. The Planning Board shall set
a reasonable time limit for such bond, not to exceed one year or the
term of the permit or renewal, except in the case of continuing excavation
operations when a bond may be renewed or extended with each permit
renewal.
