A.
Land uses.
(1)
Accessory uses and structures.
(a)
Unless otherwise specified, all accessory uses
and structures shall be subject to the same review process as the
principal use to which they are incidental.
(b)
No accessory use or structure shall occupy a
lot without a principal use or principal structure present on the
same lot.
(c)
Unless otherwise specified, all accessory uses
and structures shall conform to the lot and structure dimensional
standards applicable to the principal use or structure.
(d)
Mechanical equipment, decorations, antennas,
chimneys and similar appurtenances may not require site plan or special
permit review if they are less than 10 square feet in area, attached
to the principal structure and are found by the Commissioner to be
consistent with the conditions, if any, of board approval.
(e)
Accessory buildings (e.g., storage units, sheds,
etc.) for one- or two-family dwellings or townhouses in residential
districts that are 100 square feet or less in area and less than 12
feet in height do not need a building permit or certificate of occupancy
from the Town of Clay. However, these accessory buildings shall comply
with the following minimum standards:
[1]
Minimum setback of three feet from any property
line, principal building or other accessory buildings.
[2]
Not located within any easement or right-of-way.
[3]
Located in the portion of a lot behind a line
formed by the front wall of the principal building.
[4]
Located in compliance with any applicable corner
lot requirements.
(2)
Principal uses and structures.
(a)
Unless otherwise specified by this code, there
shall be only one principal use per lot.
(b)
Unless otherwise specified by this code, there
shall be only one principal structure per lot.
(c)
Temporary residences. A manufactured home may
be utilized as a temporary residence in any residential district while
the permanent residence located on the same property is under construction
or not otherwise habitable due to remodeling. Such temporary residence
shall be subject to a special permit from the Zoning Board of Appeals.
The special permit duration shall be a duration not to exceed six
months and may not be renewed more than three consecutive six-month
periods.
(d)
Portable storage units are permitted on active
construction sites subject to a permit from the Office of Planning
and Development or as an accessory structure within a contractor's
storage yard. Units not in active use may be stored, subject to site
plan review, within a contractor's storage yard. Portable storage
is not permitted on sites when unrelated to construction activity.
(3)
Animals/pets. The raising or harboring of animals
within a community can pose a variety of risks to residents that range
from simple nuisances of noise and odor to serious health hazards
of personal injury and infections. The potential for occurrence of
these risks can be minimized by restricting the number and types of
animals that individuals maintain for their personal enjoyment, use
or business.
(a)
Residential, Planned Development or Commercial
Zone Districts. No property or dwelling shall contain more than three
adult dogs and three adult cats (“adult” is a dog or cat
over six months in age). There is no restriction upon the number of
other kinds of domestic animals maintained within a dwelling that
are consistently maintained within appropriate containers such as
aquariums or birdcages; these animals include, by illustration, tropical
fish, exotic birds, ferrets, gerbils and hamsters. No exotic animals
harbored outside of such containers or farm animals (see definitions)
shall be harbored or maintained as pets.
(b)
RA-100 Zone District. There is no limit on the
type or number of farm, exotic or domestic animals maintained as pets
by a residents within their respective residential properties, provided
such property is five acres or greater in area.
(c)
All other districts. A special permit from the
ZBA shall be required for pets maintained in nonconforming residential
and/or farm land uses within any other district.
(d)
Land uses with animal-related activities or
structures. An approved site plan review or special permit is required,
depending on the zone district, for primary, secondary or accessory
land uses that are related to animals, such as: private stables or
accessory kennels, veterinary care facilities, animal training facilities,
and animal boarding facilities. Such uses are specifically listed;
see each zone district to determine if such uses are permitted and
under what review procedure.
(4)
Excavation, filling or site preparation. No land disturbance, unrelated to an approved construction, within any lot that affects more than or results in the movement of more than 500 cubic feet shall be permitted without prior site plan review by the Planning Board. Such review and any subsequent approval may be included in the site plan or special permit reviews for the land uses or structures as required in the zone district regulations. (See Chapter 100 of the Town Code.)
B.
Structures.
(1)
Front yard intrusions permitted. A porch may intrude
into the required front yard up to a maximum of six feet, provided
there is no roof or wall enclosures and any railing is not higher
than 36 inches.
(2)
Fences.
[Amended 3-20-2006 by L.L. No. 3-2006]
(a)
No wall or fence, other than a wire fence, shall
be erected, replaced or maintained on any residential lot having a
height in excess of seven feet.
(b)
No fence or hedge having a height in excess
of 2 1/2 feet shall be erected, replaced or maintained in the
front yard or side yard between the street line and the setback line.
(c)
Fences cannot be erected across any easement
or right-of-way.
[Amended 12-15-2014 by L.L. No. 1-2015]
(e)
Fences surrounding swimming pools must comply with § 230-20B(3).
(3)
Swimming pools and hot tubs. No building permit for
the erection or maintenance of a swimming pool or hot tub shall be
issued except upon compliance with Chapter 81, Building Construction,
of the Town Code and the following provisions:
[Amended 3-20-2006 by L.L. No. 3-2006]
(a)
Map or survey. The application shall be accompanied
by a map or survey showing the exact location of the pool with reference
to lot side lines, existing buildings, water mains, electric lines,
gas lines and sewer lines. The application shall show the manner and
method of disposal of waste water.
(b)
Lighting. No lighting shall be permitted in,
on or about a swimming pool except such lighting that shall shine
into or upon the pool which shall cast no light or reflections onto
abutting properties.
(c)
Overhead wires. No overhead electric lines shall
be maintained within 20 feet of the nearest portion of a pool or appurtenances.
(d)
Perimeter. A perimeter of at least four feet
around all edges of the pool shall be maintained between the edges
of the pool and fence erected around the pool.
(e)
Disposal of waste water. Waste water shall not
be discharged into any sanitary sewer in the Town of Clay. Waste water
shall be prevented from flowing over or into the land of any adjoining
property owner or over any abutting street.
(f)
Filling. No pool having water capacity in excess
of 100 gallons shall be filled or added to at any time during the
effectiveness of emergency water orders or measures.
(g)
Existing pools. Existing pools shall conform
to all provisions of this subsection.
(h)
Abandonment. Should the pool be abandoned, the
owner shall arrange to remove the depression and return the surface
of the ground to its original grade, and Enforcement Officer shall
be notified.
C.
Lots. (Reserved)
D.
Stormwater management and erosion and sediment control.
[Added 1-23-2008 by L.L. No. 2-2008]
(1)
Purpose. The purpose of this subsection is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 230-20D(3) hereof. This subsection seeks to meet those purposes by achieving the following objectives:
(a)
Meet the requirements of minimum measures 4 and 5 of the SPDES
General Permit for Stormwater Discharges from Municipal Separate Stormwater
Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;
(b)
Require land development activities to conform to the substantive
requirements of the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-02-01, or as amended or revised;
(c)
Minimize increases in stormwater runoff from land development
activities in order to reduce flooding, siltation, increases in stream
temperature, and streambank erosion and maintain the integrity of
stream channels;
(d)
Minimize increases in pollution caused by stormwater runoff
from land development activities which would otherwise degrade local
water quality;
(e)
Minimize the total annual volume of stormwater runoff which
flows from any specific site during and following development to the
maximum extent practicable; and
(f)
Reduce stormwater runoff rates and volumes, soil erosion and
nonpoint source pollution, wherever possible, through stormwater management
practices and to ensure that these management practices are properly
maintained and eliminate threats to public safety.
(2)
Statutory authority. In accordance with § 10 of the Municipal
Home Rule Law of the State of New York, the Town of Clay has the authority
to enact local laws and amend local laws and for the purpose of promoting
the health, safety or general welfare of the Town of Clay and for
the protection and enhancement of its physical environment. The Town
of Clay may include in any such local law provisions for the appointment
of any municipal officer, employees, or independent contractor to
effectuate, administer and enforce such local law.
(3)
Findings of fact. It is hereby determined that:
(a)
Land development activities and associated increases in site
impervious cover often alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, stream
channel erosion, or sediment transport and deposition;
(b)
This stormwater runoff contributes to increased quantities of
waterborne pollutants, including siltation of aquatic habitat for
fish and other desirable species;
(c)
Clearing and grading during construction tend to increase soil
erosion and add to the loss of native vegetation necessary for terrestrial
and aquatic habitat;
(d)
Improper design and construction of stormwater management practices
can increase the velocity of stormwater runoff, thereby increasing
streambank erosion and sedimentation;
(e)
Impervious surfaces allow less water to percolate into the soil,
thereby decreasing groundwater recharge and stream base flow;
(f)
Substantial economic losses can result from these adverse impacts
on the waters of the municipality;
(g)
Stormwater runoff, soil erosion and nonpoint source pollution
can be controlled and minimized through the regulation of stormwater
runoff from land development activities;
(h)
The regulation of stormwater runoff discharges from land development
activities in order to control and minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, and
nonpoint source pollution associated with stormwater runoff is in
the public interest and will minimize threats to public health and
safety;
(i)
Regulation of land development activities by means of performance
standards governing stormwater management and site design will produce
development compatible with the natural functions of a particular
site or an entire watershed and thereby mitigate the adverse effects
of erosion and sedimentation from development.
(4)
Applicability.
(a)
This subsection shall be applicable to all land development activities as defined in § 230-20D(6).
(b)
The municipality shall designate a Stormwater Management Officer
who shall accept and review all stormwater pollution prevention plans
and forward such plans to the applicable municipal board. The Stormwater
Management Officer may:
[1]
Review the plans;
[2]
Upon approval by the Town Board of the Town of Clay, engage
the services of a registered professional engineer to review the plans,
specifications and related documents at a cost not to exceed a fee
schedule established by said governing board; or
[3]
Accept the certification of a licensed professional that the
plans conform to the requirements of this subsection.
(c)
All land development activities subject to review and approval
by the Planning Board and the Town Board of the Town of Clay under
subdivision, site plan, and/or special permit regulations shall be
reviewed subject to the standards contained in this subsection.
(5)
Exemptions. The following activities may be exempt from review under
this subsection:
(a)
Agricultural activity as defined in this subsection.
(b)
Silvicultural activity, except that landing areas and log haul
roads are subject to this subsection.
(c)
Routine maintenance activities that disturb fewer than five
acres and are performed to maintain the original line and grade, hydraulic
capacity or original purpose of a facility.
(d)
Repairs to any stormwater management practice or facility deemed
necessary by the Stormwater Management Officer.
(e)
Any part of a subdivision if a plat for the subdivision has
been approved by the Town of Clay on or before the effective date
of this subsection.
(f)
Land development activities for which a building permit has
been approved on or before the effective date of this subsection.
(g)
Cemetery graves.
(h)
Installation of fence, sign, telephone, and electric poles and
other kinds of posts or poles.
(i)
Emergency activity immediately necessary to protect life, property
or natural resources.
(j)
Activities of an individual engaging in home gardening by growing
flowers, vegetable and other plants primarily for use by that person
and his or her family.
(k)
Landscaping and horticultural activities in connection with
an existing structure.
(6)
AGRICULTURAL ACTIVITY
APPLICANT
CHANNEL
CLEARING
DEDICATION
DEPARTMENT
DESIGN MANUAL
DEVELOPER
EROSION CONTROL MANUAL
GRADING
IMPERVIOUS COVER
INDUSTRIAL STORMWATER PERMIT
INFILTRATION
JURISDICTIONAL WETLAND
LAND DEVELOPMENT ACTIVITY
LANDOWNER
MAINTENANCE AGREEMENT
NONPOINT SOURCE POLLUTION
PHASING
POLLUTANT OF CONCERN
PROJECT
RECHARGE
SEDIMENT CONTROL
SENSITIVE AREAS
SILVICULTURE
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL
SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
STABILIZATION
STOP-WORK ORDER
STORMWATER
STORMWATER HOTSPOT
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT FACILITY
STORMWATER MANAGEMENT OFFICER
STORMWATER MANAGEMENT PRACTICES (SMPS)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
STORMWATER RUNOFF
SURFACE WATERS OF THE STATE OF NEW YORK
(a)
(b)
WATERCOURSE
WATERWAY
Definitions. The terms used in this § 230-20D or in documents prepared or reviewed under this subsection shall have the following meanings:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
Any activity that removes the vegetative surface cover.
The deliberate appropriation of property by its owner for
general public use.
The New York State Department of Environmental Conservation.
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.
A person who undertakes land development activities.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
Excavation or fill of material, including the resulting conditions
thereof.
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc).
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
The process of percolating stormwater into the subsoil.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
Land development activity.
The replenishment of underground water reserves.
Measures that prevent eroded sediment from leaving the site.
Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
The cultivation of forest trees; forestry.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction.
Storm sewers and waste treatment systems, including treatment
ponds or lagoons, which also meet the criteria of this definition,
are not waters of the state. This exclusion applies only to man-made
bodies of water which were neither originally created in waters of
the state (such as a disposal area in wetlands) nor resulted from
impoundment of waters of the state.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
(7)
Stormwater pollution prevention plans.
(a)
Stormwater pollution prevention plan requirement. No application
for approval of a land development activity shall be reviewed until
the appropriate board has received a stormwater pollution prevention
plan (SWPPP) prepared in accordance with the specifications in this
subsection.
(b)
Contents of stormwater pollution prevention plans.
[1]
All SWPPPs shall provide the following background information
and erosion and sediment controls:
[a]
Background information about the scope of the project,
including location, type and size of project;
[b]
Site map/construction drawing(s) for the project,
including a general location map. At a minimum, the site map should
show the total site area; all improvements; areas of disturbance;
areas that will not be disturbed; existing vegetation; on-site and
adjacent off-site surface water(s); wetlands and drainage patterns
that could be affected by the construction activity; existing and
final slopes; locations of off-site material, waste, borrow or equipment
storage areas; and location(s) of the stormwater discharges(s). The
site map must be at a scale of one inch equals 100 feet or larger;
[c]
Description of the soil(s) present at the site;
[d]
Construction phasing plan describing the intended
sequence of construction activities, including clearing and grubbing,
excavation and grading, utility and infrastructure installation and
any other activity at the site that results in soil disturbance. Consistent
with the New York Standards and Specifications for Erosion and Sediment
Control (Erosion Control Manual), not more than five acres shall be
disturbed at any one time unless pursuant to an approved SWPPP;
[e]
Description of the pollution prevention measures
that will be used to control litter, construction chemicals and construction
debris from becoming a pollutant source in stormwater runoff;
[f]
Description of construction and waste materials
expected to be stored on-site with updates as appropriate, and a description
of controls to reduce pollutants from these materials, including storage
practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
[g]
Temporary and permanent structural and vegetative
measures to be used for soil stabilization, runoff control and sediment
control for each stage of the project from initial land clearing and
grubbing to project closeout;
[h]
A site map/construction drawing(s) specifying the
location(s), size(s) and length(s) of each erosion and sediment control
practice;
[i]
Dimensions, material specifications and installation
details for all erosion and sediment control practices, including
the siting and sizing of any temporary sediment basins;
[j]
Temporary practices that will be converted to permanent
control measures;
[k]
Implementation schedule for staging temporary erosion
and sediment control practices, including the timing of initial placement
and duration that each practice should remain in place;
[l]
Maintenance schedule to ensure continuous and effective
operation of the erosion and sediment control practice;
[m]
Name(s) of the receiving water(s);
[n]
Delineation of SWPPP implementation responsibilities
for each part of the site;
[o]
Description of structural practices designed to
divert flows from exposed soils, store flows, or otherwise limit runoff
and the discharge of pollutants from exposed areas of the site to
the degree attainable; and
[p]
Any existing data that describes the stormwater
runoff at the site.
[2]
Land development activities as defined in § 230-20D(6) of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection D(7)(b)[3] below as applicable:
[a]
Condition A: stormwater runoff from land development
activities discharging a pollutant of concern to either an impaired
water identified on the Department's 303(d) list of impaired waters
or a total maximum daily load (TMDL) designated watershed for which
pollutants in stormwater have been identified as a source of the impairment.
[b]
Condition B: stormwater runoff from land development
activities disturbing five or more acres.
[c]
Condition C: stormwater runoff from land development
activity disturbing between one and five acres of land during the
course of the project, exclusive of the construction of single-family
residences and construction activities at agricultural properties.
[3]
SWPPP requirements for Conditions A, B and C:
[a]
All information in § 230-20D(7)(b)[1] of this chapter.
[b]
Description of each post-construction stormwater
management practice.
[c]
Site map/construction drawing(s) showing the specific
location(s) and size(s) of each post-construction stormwater management
practice.
[d]
Hydrologic and hydraulic analysis for all structural
components of the stormwater management system for the applicable
design storms.
[e]
Comparison of post-development stormwater runoff
conditions with predevelopment conditions.
[f]
Dimensions, material specifications and installation
details for each post-construction stormwater management practice.
[g]
Maintenance schedule to ensure continuous and effective
operation of each post-construction stormwater management practice.
[h]
Maintenance easements to ensure access to all stormwater
management practices at the site for the purpose of inspection and
repair. Easements shall be recorded on the plan and shall remain in
effect with transfer of title to the property.
[i]
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 230-20D(9)(d) of this chapter.
[j]
For Condition A, the SWPPP shall be prepared by
a landscape architect, certified professional or professional engineer
and must be signed by the professional preparing the plan, who shall
certify that the design of all stormwater management practices meet
the requirements in this subsection.
(c)
Other environmental permits. The applicant shall assure that
all other applicable environmental permits have been or will be acquired
for the land development activity prior to approval of the final stormwater
design plan.
(d)
Contractor certification.
[1]
Each contractor and subcontractor identified in the SWPPP who
will be involved in soil disturbance and/or stormwater management
practice installation shall sign and date a copy of the following
certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply
with the terms and conditions of the Stormwater Pollution Prevention
Plan. I also understand that it is unlawful for any person to cause
or contribute to a violation of water quality standards."
[2]
The certification must include the name and title of the person
providing the signature, address and telephone number of the contracting
firm; the address (or other identifying description) of the site;
and the date the certification is made.
[3]
The certification statement(s) shall become part of the SWPPP
for the land development activity.
(e)
A copy of the SWPPP shall be retained at the site of the land
development activity during construction from the date of initiation
of construction activities to the date of final stabilization.
(8)
Performance and design criteria for stormwater management and erosion
and sediment control. All land development activities shall be subject
to the following performance and design criteria:
(a)
Technical standards. For the purpose of this subsection, the
following documents shall serve as the official guides and specifications
for stormwater management. Stormwater management practices that are
designed and constructed in accordance with these technical documents
shall be presumed to meet the standards imposed by this subsection:
[1]
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual).
[2]
New York Standards and Specifications for Erosion and Sediment
Control, (Empire State Chapter of the Soil and Water Conservation
Society, 2004, most current version or its successor, hereafter referred
to as the Erosion Control Manual).
(b)
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 230-20D(8)(a)[1] and the SWPPP shall be prepared by a licensed professional.
(c)
Water quality standards. Any land development activity shall
not cause an increase in turbidity that will result in substantial
visible contrast to natural conditions in surface waters of the State
of New York.
(9)
Maintenance, inspection and repair of stormwater facilities.
(a)
Maintenance and inspection during construction.
[1]
The applicant or developer of the land development activity
or his/her representative shall at all times properly operate and
maintain all facilities and systems of treatment and control (and
related appurtenances) which are installed or used by the applicant
or developer to achieve compliance with the conditions of this section.
Sediment shall be removed from sediment traps or sediment ponds whenever
their design capacity has been reduced by 50%.
[2]
For land development activities as defined in § 230-20D(6) of this article and meeting Condition A, B or C in § 230-20D(7)(b)[2], the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.
(b)
Drainage easement(s). Prior to the issuance of any approval
that has a stormwater management facility as one of the requirements,
the applicant or developer must execute a drainage easement agreement
that shall be binding on all subsequent landowners served by the stormwater
management facility. The easement shall provide for access to the
facility at reasonable times for periodic inspection by the Town of
Clay to ensure that the facility is maintained in proper working condition
to meet design standards and any other provisions established by this
subsection. The easement shall be recorded by the grantor in the office
of the County Clerk after approval by the counsel for the Town of
Clay.
(c)
Maintenance after construction. The owner or operator of permanent
stormwater management practices installed in accordance with this
subsection shall ensure they are operated and maintained to achieve
the goals of this subsection. Proper operation and maintenance also
includes as a minimum, the following:
[1]
A preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances)
which are installed or used by the owner or operator to achieve the
goals of this subsection.
[2]
Written procedures for operation and maintenance and training
new maintenance personnel.
[3]
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 230-20D(8)(c).
(d)
Maintenance agreements. The Town of Clay shall approve a formal
maintenance agreement for stormwater management facilities binding
on all subsequent landowners and recorded in the office of the County
Clerk as a deed restriction on the property prior to final plan approval.
The maintenance agreement shall be consistent with the terms and conditions
of Schedule B of this chapter, entitled "Sample Stormwater Control
Facility Maintenance Agreement."[1] The Town of Clay, in lieu of a maintenance agreement,
at its sole discretion may accept dedication of any existing or future
stormwater management facility, provided such facility meets all the
requirements of this subsection and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection
and regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
(10)
Severability and effective date.
(a)
Severability. If the provisions of any article, section, subsection,
paragraph, subdivision or clause of this subsection shall be judged
invalid by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of any article, section,
subsection, paragraph, subdivision or clause of this subsection.
(b)
Effective date. This subsection shall be effective upon filing
with the office of the Secretary of State.
(11)
Construction inspection.
(a)
Erosion and sediment control inspection.
[1]
The Town of Clay Stormwater Management Officer may require such
inspections as necessary to determine compliance with this subsection
and may either approve that portion of the work completed or notify
the applicant wherein the work fails to comply with the requirements
of this subsection and the stormwater pollution prevention plan (SWPPP)
as approved. To obtain inspections, the applicant shall notify the
Town of Clay enforcement official at least 48 hours before any of
the following as required by the Stormwater Management Officer:
[a]
Start of construction.
[b]
Installation of sediment and erosion control measures.
[c]
Completion of site clearing.
[d]
Completion of rough grading.
[e]
Completion of final grading.
[f]
Close of the construction season.
[g]
Completion of final landscaping.
[h]
Successful establishment of landscaping in public
areas.
[2]
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the Stormwater Management
Officer.
(b)
Stormwater management practice inspections. The Town of Clay
Stormwater Management Officer is responsible for conducting inspections
of stormwater management practices (SMPs). All applicants are required
to submit as-built plans for any stormwater management practices located
on-site after final construction is completed. The plan must show
the final design specifications for all stormwater management facilities
and must be certified by a professional engineer.
(c)
Inspection of stormwater facilities after project completion.
Inspection programs shall be established on any reasonable basis,
including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical
sources of sediment or other contaminants or pollutants; inspections
of businesses or industries of a type associated with higher than
usual discharges of contaminants or pollutants or with discharges
of a type which are more likely than the typical discharge to cause
violations of state or federal water or sediment quality standards
or the SPDES stormwater permit; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include,
but are not limited to, reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water
in drainage control facilities; and evaluating the condition of drainage
control facilities and other stormwater management practices.
(d)
Submission of reports. The Town of Clay Stormwater Management
Officer may require monitoring and reporting from entities subject
to this subsection as are necessary to determine compliance with this
subsection.
(e)
Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Clay the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection D(11)(c) above.
(12)
Performance guarantee.
(a)
Construction completion guarantee. In order to ensure the full
and faithful completion of all land development activities related
to compliance with all conditions set forth by the Town of Clay in
its approval of the stormwater pollution prevention plan, the Town
of Clay may require the applicant or developer to provide, prior to
construction, a performance bond, cash escrow, or irrevocable letter
of credit from an appropriate financial or surety institution which
guarantees satisfactory completion of the project and names the Town
of Clay as the beneficiary. The security shall be in an amount to
be determined by the Town of Clay based on submission of final design
plans, with reference to actual construction and landscaping costs.
The performance guarantee shall remain in force until the surety is
released from liability by the Town of Clay, provided that such period
shall not be less than one year from the date of final acceptance
or such other certification that the facility(ies) have been constructed
in accordance with the approved plans and specifications and that
a one-year inspection has been conducted and the facilities have been
found to be acceptable to the Town of Clay. Per annum interest on
cash escrow deposits shall be reinvested in the account until the
surety is released from liability.
(b)
Maintenance guarantee. Where stormwater management and erosion
and sediment control facilities are to be operated and maintained
by the developer or by a corporation that owns or manages a commercial
or industrial facility, the developer, prior to construction, may
be required to provide the Town of Clay with an irrevocable letter
of credit from an approved financial institution or surety to ensure
proper operation and maintenance of all stormwater management and
erosion control facilities, both during and after construction, and
until the facilities are removed from operation. If the developer
or landowner fails to properly operate and maintain stormwater management
and erosion and sediment control facilities, the Town of Clay may
draw upon the account to cover the costs of proper operation and maintenance,
including engineering and inspection costs.
(c)
Recordkeeping. The Town of Clay may require entities subject
to this subsection to maintain records demonstrating compliance with
this subsection.
(13)
Enforcement and penalties.
(a)
Notice of violation. When the Town of Clay determines that a
land development activity is not being carried out in accordance with
the requirements of this subsection, it may issue a written notice
of violation to the landowner. The notice of violation shall contain:
[1]
The name and address of the landowner, developer or applicant;
[2]
The address when available or a description of the building,
structure or land upon which the violation is occurring;
[3]
A statement specifying the nature of the violation;
[4]
A description of the remedial measures necessary to bring the
land development activity into compliance with this subsection and
a time schedule for the completion of such remedial action;
[5]
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
[6]
A statement that the determination of violation may be appealed
to the municipality by filing a written notice of appeal within 15
days of service of notice of violation.
(b)
Stop-work orders. The Town of Clay may issue a stop-work order
for violations of this subsection. Persons receiving a stop-work order
shall be required to halt all land development activities, except
those activities that address the violations leading to the stop-work
order. The stop-work order shall be in effect until the Town of Clay
confirms that the land development activity is in compliance and the
violation has been satisfactorily addressed. Failure to address a
stop-work order in a timely manner may result in civil, criminal,
or monetary penalties in accordance with the enforcement measures
authorized in this subsection.
(c)
Violations. Any land development activity that is commenced
or is conducted contrary to this subsection may be restrained by injunction
or otherwise abated in a manner provided by law.
(d)
Penalties. In addition to or as an alternative to any penalty
provided herein or by law, any person who violates the provisions
of this subsection shall be guilty of a violation punishable by a
fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $350 nor more
than $700 or imprisonment for a period not to exceed six months, or
both; and upon conviction for a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine of not less than $700 nor more than $1,000 or imprisonment
for a period not to exceed six months, or both. However, for the purposes
of conferring jurisdiction upon courts and judicial officers generally,
violations of this subsection shall be deemed misdemeanors, and for
such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation shall
constitute a separate additional violation.
(e)
Withholding of certificate of occupancy. If any building or
land development activity is installed or conducted in violation of
this subsection, the Stormwater Management Officer may prevent the
occupancy of said building or land.
(f)
Restoration of lands. Any violator may be required to restore
land to its undisturbed condition. In the event that restoration is
not undertaken within a reasonable time after notice, the Town of
Clay may take necessary corrective action, the cost of which shall
become a lien upon the property until paid.
(14)
Fees for services. The Town of Clay may require any person undertaking
land development activities regulated by this subsection to pay reasonable
costs at prevailing rates for review of SWPPPs, inspections, or SMP
maintenance performed by the Town of Clay or performed by a third
party for the Town of Clay.
E.
Outdoor
furnaces.
[Added 10-19-2009 by L.L. No. 4-2009]
(1)
Purpose. This Subsection E provides for the implementation of a policy to regulate outdoor furnaces so that residents and commercial establishments will continue to have clean air and an environment free of obnoxious odors, noxious fumes and smells. Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This Subsection E is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town.
(2)
Permits required. The Town Board shall issue a special permit for
the use of an outdoor furnace, prior to the issuance of any building
permits. No person shall cause, allow or maintain the use of an outdoor
furnace within the Town of Clay without first having obtained a permit
from the Department of Planning and development. Application for permit
shall be made on the forms provided by the Department of Planning
and Development. Upon approval by the Code Enforcement Officer, a
certificate of compliance will be issued.
(3)
Specific requirements.
(a)
Permitted fuel. Only firewood and untreated lumber are permitted
to be burned in any outdoor furnace.
(b)
Prohibited substances. Industrial waste, rubber, plastic, used
motor oil, toxic chemicals, contaminated waste, yard waste, household
garbage, cardboard and wastepaper, animal waste and any material prohibited
for combustion by federal or state statute.
(c)
Permitted zones. Outdoor furnaces shall be permitted only in
the RA-100, I-1 and I-2 Zoning Districts as shown on the Town's Zoning
Map.
(d)
Minimum lot size. Outdoor furnaces shall be permitted only on
lots of three acres or more.
(e)
Setbacks. Outdoor furnaces/wood storage shall be set back not
less than 100 feet from the nearest lot line.
(f)
Outdoor furnaces shall not be located closer than 25 feet to
any other structure.
(g)
Months of operation. Outdoor furnaces shall be operated only
between September 1 and May 31.
(h)
Spark arrestors. All outdoor furnaces shall be equipped with
properly functioning spark arrestors.
(i)
No outdoor furnace shall be utilized in any manner as a waste
incinerator.
(4)
Suspension of permit.
(a)
A permit issued pursuant to this chapter may be suspended as
the Code Enforcement Officer may determine to be necessary to protect
the public health, safety and welfare of the residents of the Town
of Clay if any of the following conditions occurs:
[1]
Emissions from the outdoor furnace exhibit greater than twenty-percent
opacity (six-minute average), except for one continuous six-minute
period per hour of not more than twenty-seven-percent opacity, which
shall be determined as provided in 6 NYCRR 227-1.3(b);
[2]
Malodorous air contaminants from the outdoor furnace are detectable
outside the property of the person on whose land the outdoor furnace
is located;
[3]
The emissions from the outdoor furnace interfere with the reasonable
enjoyment of life or property;
[4]
The emissions from the outdoor furnace cause damage to vegetation
or property; or
[5]
The emissions from the outdoor furnace are or may be harmful
to human or animal health.
(b)
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this Subsection E subject to the penalties provided in § 230-20E(7) hereof.
(6)
Enforcement. This chapter shall be enforced by the Code Enforcement
Officer of the Town of Clay.
(7)
Penalties for offenses. Failure to comply with any of the provisions of this Subsection E shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than $250 for each day or part thereof during which such violation continues. In addition, any permit issued pursuant to this Subsection E shall be revoked upon conviction of a second offense and the subject outdoor furnace shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this Subsection E. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor furnace is located until paid.
(8)
Effect on other regulations. Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation, or any other federal, state, regional or local agency. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace, shall be installed, operated and maintained in conformity with the manufacturer's specifications and recommendations and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this Subsection E and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.
F.
Patio, backyard, garage and/or estate sale permitted.
[Added 9-18-2017 by L.L.
No. 3-2017]
(1)
Purpose. The sale of goods, wares or merchandise from a residential
property principally used as a residence (commonly known as a "patio,
backyard, garage and/or estate sale") is hereby permitted, provided
that the following conditions are complied with:
(a)
No goods, wares or merchandise shall be offered for sale or
sold at such sale other than used property owned exclusively by the
owner, tenant or occupant of such residence. New goods shall not be
sold at garage sales. Upon request by any representative of the Code
Enforcement Department, the person conducting such sale shall establish
his title to the goods, wares or merchandise offered for sale.
(b)
No sign, billboard, placard, or other form of advertisement of such sale shall be placed upon any public property within the Town; except in accordance with § 230-22C(3), Temporary sign standards.
(c)
No such sale shall be commenced prior to 8:00 a.m., and it shall
conclude each day at or before 6:00 p.m.
(d)
Such sales are limited to four per calendar year.
(e)
No goods, wares or merchandise shall be placed or displayed
in the front yard of any corner lot, residence or premises, nor in
the side yard of any corner lot, unless such side yard is screened
from the view of the adjacent public right-of-way to the maximum height
permitted, for the purpose of offering for sale, selling or advertising
such sale. For the purpose of this article, "front yard" is defined
as the full width of the lot lying between the public right-of-way
and the front building line of the main house on the premises. This
section shall be applied to avoid the display of goods in the open
on property between any residential structure and the street.
(2)
A violation of any of the foregoing conditions shall be punishable
by a fine of $250 per violation for the first offense and up to $1,000
for repeated violations.
G.
Small cell wireless deployment requirements.
[Added 1-6-2020 by L.L.
No. 1-2020]
(1)
Purpose and intent.
(a)
Purpose.
[1]
The purpose of this subsection is to regulate the placement
of certain wireless communication facilities in the Town. The standards
set forth herein are created to provide objective, technically feasible
criteria applied in a nondiscriminatory manner that reasonably match
the aesthetics and character of the immediate area regarding all of
the following, which the Town shall consider when reviewing an application:
[a]
The location of the ground-mounted communication
facilities;
[b]
The location of a wireless facility on a pole or
other device;
[c]
The appearance and concealment of communication
facilities, including those relating to materials used for arranging,
screening and landscaping;
[d]
The design and appearance of a wireless support
structure, including any height requirements adopted in accordance
with this subsection.
[2]
This subsection applies to the public ROW but does not restrict
the Town's right to regulate communication facilities on non-Town-owned
property or outside of the public ROW under the same terms and conditions
set forth herein.
(b)
Intent. In enacting this subsection, the Town is establishing
uniform standards to address issues presented by certain wireless
facilities, including, without limitation, to:
[1]
Prevent interference with the use of streets, sidewalks, alleys,
parkways and other public ways and places;
[2]
Prevent the creation of visual and physical obstructions and
other conditions that are hazardous to vehicular and pedestrian traffic;
[3]
Prevent interference with existing facilities and operations
of facilities presently lawfully located in the right-of-way or public
property;
[4]
Ensure efforts are made to preserve the character of neighborhoods
in which facilities are installed;
[5]
Protect against environmental damage, including damage to trees
and public and private property; and
[6]
Facilitate the appropriate and reasonable deployment of small
wireless facilities to provide the benefits of reliable access to
wireless telecommunications technology, broadband and 9-1-1 services
to homes, businesses and schools within the Town.
(2)
ADMINISTRATIVE REVIEW
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
AUTHORITY or TOWN
CO-LOCATE
COMMUNICATIONS FACILITY
COMMUNICATIONS SERVICE
COMMUNICATIONS SERVICE PROVIDER
DECORATIVE POLE
DISCRETIONARY REVIEW
ELIGIBLE FACILITIES REQUEST
FCC
LAWS
ORDINARY MAINTENANCE AND REPAIR
PERMIT
PERMITTEE
PERSON
POLE
PROVIDER
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
PUBLIC UTILITY EASEMENT
REPLACE or REPLACEMENT
SMALL WIRELESS FACILITY
STATE
SUPPORT STRUCTURE
TOWER
WIRELESS FACILITY
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Ministerial review of an application by the Town relating
to the review and issuance of a permit, including review by the Code
Enforcement Officer to determine whether the issuance of a permit
is in conformity with the applicable provisions of this subsection.
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted, or incorporated, by the Town.
Any person who submits an application under this subsection.
A written request, on a form provided by the Town, for a
permit.
The Town of Clay or any agency, subdivision or any instrumentality
thereof.
To install or mount a small wireless facility on an existing
support structure, an existing tower, or on an existing pole to which
a small wireless facility is attached at the time of the application.
"Co-location" has a corresponding meaning.
Collectively, the equipment at a fixed location(s) within
the public ROW or on public or private property that enables communications
services, including: i) radio transceivers, antennas, coaxial, fiber-optic
or other cabling, power supply (including backup battery), and comparable
equipment, regardless of technological configuration; and ii) all
other equipment associated with any of the foregoing. A communications
facility does not include the pole, tower or support structure to
which the equipment is attached.
Cable service, as defined in 47 U.S.C. § 522(6);
information service or broadband, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communications services, and includes a cable
operator, as defined in 47 U.S.C. § 522(5).
A pole that is specially designed and placed for aesthetic
purposes.
Review of an application by the Town Planning Board relating
to the review and issuance of a permit that is other than an administrative
review.
An eligible facility request as set forth in 47 CFR 1.40001(b)(3),[2] as that section may be amended from time to time.
The Federal Communications Commission of the United States.
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
Inspections, testing and/or repair of existing communication
facilities that maintain functional capacity, aesthetic and structural
integrity of a communications facility and/or the associated support
structure, pole or tower, that does not require blocking, damaging
or disturbing any portion of the public ROW.
A written authorization (in electronic or hard copy format)
to install, at a specified location(s) in the public ROW or at a specific
location on public or private property, a communications facility,
tower or a pole to support a communications facility.
An applicant who has received a permit under this subsection.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental
entity.
A legally constructed pole, such as a utility, lighting,
traffic, or similar pole made of wood, concrete, metal or other material,
located or to be located within the public right-of-way. A pole does
not include a tower or support structure.
A communications service provider or a wireless services
provider, and includes any person who owns and/or operates within
the public ROW any communications facilities, wireless facilities,
poles built for the sole or primary purpose of supporting communications
facilities, or towers.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
alley or similar purpose, and for purposes of this subsection shall
include public utility easements, but only to the extent the Town
has to permit use of the area or public utility easement for communications
facilities or poles, towers and support structures that support communications
facilities. The term does not include a federal interstate highway
or other areas that are not within the legal jurisdiction, ownership
or control of the Town.
Unless otherwise specified or restricted by the terms of
the easement, the area on, below, or above a property in which the
property owner has dedicated an easement for use by utilities. "Public
utility easement" does not include an easement dedicated solely for
the Town's use, or where the proposed use by the provider is inconsistent
with the terms of any easement granted to the Town.
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this subsection and any other applicable Town
regulations, in order to address limitations of the existing structure
to structurally support co-location of a communications facility.
A wireless facility that meets both of the following qualifications:
i) each antenna could fit within an enclosure of no more than three
cubic feet in volume; and ii) all other wireless equipment associated
with the antenna, including the provider's preexisting equipment,
is cumulatively no more than 28 cubic feet in volume.
The State of New York.
A freestanding structure other than a pole or a tower to
which a wireless facility is attached at the time of the application.
Any structure built for the sole or primary purpose of supporting
a wireless facility. A tower does not include a pole or a support
structure.
The equipment at a fixed location(s) that enables wireless
services. The term does not include: i) the support structure, tower
or pole on, under, or within which the equipment is located or co-located;
or ii) coaxial, fiber-optic or other cabling that is between communications
facilities or poles or that is otherwise not immediately adjacent
to or directly associated with a particular antenna. A small wireless
facility is one type of a wireless facility.
A person, including a person authorized to provide telecommunications
service in the state, that builds or installs wireless communication
transmission equipment, wireless telecommunications facilities or
wireless telecommunications support structures, but that is not a
wireless services provider.
Any services provided using wireless telecommunications facilities.
A person who provides wireless services and is authorized
to provide such services pursuant to an FCC license.
[2]
Editor's Note: See now 47 CFR 1.6100(b)(3).
(3)
Governance of deployment in ROW; access to public ROW.
(a)
Agreement. Prior to installing any communications facility in
a public ROW, or any pole built for the sole or primary purpose of
supporting a communications facility, or any tower, a person shall
enter into a license agreement ("license agreement") with the Town,
which shall be filed with the Onondaga County Clerk's office, expressly
authorizing use of the public right-of-way for the communications
facility, pole or tower proposed to be installed.
[1]
General terms.
[a]
The term of the license agreement shall be annual,
which shall renew automatically unless terminated by the Town upon
90 days' written notice.
[b]
The license agreement authorizes the provider's
nonexclusive use of the public ROW for the sole purpose of installing,
maintaining and operating communications facilities, including any
pole built for the sole or primary purpose of supporting the communications
facilities and any tower, to provide the services expressly authorized
in the license agreement, subject to applicable laws, this subsection
and the terms and conditions of the license agreement. The license
agreement authorizes use only of the public ROW in which the Town
has an actual interest. It is not a warranty of title or interest
in any public ROW, and it does not confer on the provider any interest
in any particular location within the public ROW. No other right is
granted except as expressly set forth in the license agreement. Nothing
herein shall authorize the use of the Town's poles, towers, support
structures, or other structures in the public ROW. All use of Town
poles, towers, support structures, and other structures in the public
ROW shall require the execution of an attachment agreement, and the
payment of separate fees for such use.
[c]
The provider shall, at its sole cost and expense,
keep and maintain its communications facilities, poles, support structures
and towers in the public ROW in a safe condition, and in good order
and repair.
[d]
The provider shall keep and maintain liability
insurance in the amount of $1,000,000 for each incident and an umbrella
policy in the amount of $5,000,000 for each communication facility
in a public ROW. The Town shall be named an additional insured on
each policy on a primary, noncontributory basis. The provider shall
provide the Town with proof of such insurance in a form acceptable
to legal counsel for the Town. Each insurance policy shall contain
an endorsement obligating the insurance company to furnish the Town
with at least 30 days' written notice prior to the cancellation of
the insurance policy. The insurance policies shall be issued by an
insurance company licensed to do business in New York State and shall
have a Best's rating of at least A.
[e]
The license agreement shall include the name and
contact information for the provider to be called in cases of emergencies.
[f]
Licensees using space in ducts, conduits and on
poles must comply with the terms of this license agreement, unless
expressly exempted by the Town.
[g]
The Town shall have the right to access books and
records, including audit rights, of the provider to determine that
all applicable fees and payments have been made to the Town.
[h]
The provider shall provide proof to the Town that
it has a license or authority from the owner to use an existing pole,
tower or support structure in the public ROW for a communications
facility.
[i]
The terms and conditions set forth herein are not
exclusive, and the Town reserves the right to require additional terms
and conditions to the license agreement.
[2]
Public ROW construction and installation requirements.
[a]
ROW permit.
[i]
Unless expressly authorized in this subsection
or in writing by the Town, no person may construct, maintain or perform
any other work in the public ROW related to communications facilities,
poles built for the sole or primary purpose of supporting communications
facilities, or towers without first receiving a permit to the extent
required under this subsection, and any other permit or authorization
required by applicable laws.
[ii]
The Town shall not issue a permit unless the applicant,
or a provider on whose behalf the applicant is constructing communications
facilities, poles or towers, has executed a license agreement required
by this subsection, or otherwise has a current and valid franchise
with the Town expressly authorizing use of the public ROW for the
communications facilities, poles or towers proposed in the application,
and all applicable fees have been paid.
[b]
Location of new facilities.
[i]
The provider shall not locate or maintain its communications
facilities, poles and towers so as to unreasonably interfere with
the use of the public ROW by the Town, by the general public or by
other persons authorized to use or be present in or upon the public
ROW.
[ii]
Aboveground placement of new poles and equipment
cabinets shall meet the requirement set forth in this subsection.
[iii]
Unless otherwise agreed to in writing by the
Town or otherwise required by applicable laws, whenever any existing
electric utilities or communications facilities are located underground
within a public ROW, the provider with permission to occupy the same
portion of the public ROW shall locate its communications facilities
underground at its own expense. The Town may, in its sole discretion,
approve aboveground placement of equipment cabinets, pedestals and
similar equipment. For facilities or equipment such as wireless facilities
that cannot, by their nature, operate unless located above ground,
the provider and Town shall work to find a suitable location for such
facilities or equipment, which may be outside the public ROW.
[c]
Construction standards. In performing any work
in or affecting the public ROW, the provider, and any agent or contractor
of the provider, shall comply with the provisions of this subsection
and all other applicable laws.
[d]
Restoration requirements.
[i]
The provider, or its agent or contractor, shall
restore, repair and/or replace any portion of the public ROW that
is damaged or disturbed by the provider's communications facilities,
poles, towers or work in or adjacent to the public ROW as required
in this subsection and all other applicable laws.
[ii]
If the provider fails to timely restore, repair
or replace the public ROW as required in this subsection, the Town
or its contractor may do so, and the provider shall pay the Town's
costs and expenses in completing the restoration, repair or replacement.
[e]
Removal, relocation and abandonment.
[i]
Within 60 days following written notice from the
Town, the provider shall, at its own expense, protect, support, temporarily
or permanently disconnect, remove, relocate, change or alter the position
of any of its communications facilities, poles, support structures
or towers within the public ROW, including relocation of aboveground
communications facilities underground (consistent with the provisions
of this subsection), whenever the Town has determined, in its sole
discretion, that such removal, relocation, change or alteration is
necessary for the construction, repair, maintenance, or installation
of any Town improvement, the operations of the Town in, under or upon
the public ROW, or otherwise is in the public interest. The provider
shall be responsible to the Town for any damages or penalties it may
incur as a result of the provider's failure to remove or relocate
communications facilities, poles, support structures or towers as
required in this subsection.
[ii]
The Town retains the right and privilege to cut
or move any communications facility, pole, support structure or tower
located within the public ROW, as the Town may determine, in its sole
discretion, to be necessary, appropriate or useful in response to
any public emergency. If circumstances permit, the Town shall notify
the provider and give the provider an opportunity to move its own
facilities prior to cutting or removing the communications facility,
pole, support structure or tower. In all cases the Town shall notify
the provider after cutting or removing the communications facility,
pole, support structure or tower as promptly as reasonably possible.
[iii]
A provider shall notify the Town of abandonment
of any communications facility, pole, support structure or tower at
the time the decision to abandon is made; however, in no case shall
such notification be made later than 30 days prior to abandonment.
Following receipt of such notice, the provider shall remove its communications
facility, pole, support structure or tower at the provider's own expense,
unless the Town determines, in its sole discretion, that the communications
facility, pole, support structure or tower may be abandoned in place.
The provider shall remain solely responsible and liable for all of
its communications facilities, poles, support structures and towers
until they are removed from the public ROW unless the Town agrees
in writing to take ownership of the abandoned communications facilities,
poles, support structures or towers. Upon the issuance of a permit,
the provider shall provide a removal bond in the amount estimated
for the removal of all of the communication facilities that are the
subject of an application, such estimated amount to be determined
by the Code Enforcement Officer, after consultation with the Engineer
for the Town.
[iv]
If the provider fails to timely protect, support,
temporarily or permanently disconnect, remove, relocate, change or
alter any of its communications facilities, poles, support structures
or towers or remove any of its abandoned communications facilities,
poles, support structures or towers as required in this subsection,
the Town or its contractor may do so, and the provider shall pay all
costs and expenses related to such work, including any delay damages
or other damages the Town incurs arising from the delay.
[f]
As-builts and maps. Maps showing the location of
equipment in ROW and as-builts after construction shall be provided
to the Town within 30 days after completion of construction, in conformance
to the requirements of the Engineer for the Town.
(b)
Fees and charges.
[1]
Permit application fee. Every applicant for a co-location shall
pay a permit application fee of $500 for a single up-front application,
which application may include up to five small wireless facilities,
and $100 per application for each additional small wireless facility
thereafter. The fee shall be paid upon submission of the application.
[2]
Every application for a new pole in the public ROW shall pay
a permit application fee of $1,000. The fee shall be paid upon submission
of the application.
[3]
License agreement fee. Every person requesting a license agreement
from the Town shall pay an administrative fee of $340, which shall
include the legal costs of drafting such license agreement.
[4]
ROW use fee. In exchange for the privilege of nonexclusive occupancy
of the public ROW, the provider shall pay the Town $270 per small
wireless facility, per year, for as long as the license agreement
is effective. The ROW use fee shall be due and payable within 30 days
of issuance of the license agreement.
[5]
Attachment fees. The provider shall be subject to an additional
attachment fee of $500 if the small wireless facilities will be attached
to property (either real or personal) owned by the Town. No attachment
will be allowed except after issuance of a permit pursuant to an attachment
agreement.
[6]
Other fees. The applicant or provider shall be subject to any
other generally applicable fees of the Town or other government body,
such as those required for electrical permits, building permits, or
street opening permits, which the applicant or provider shall pay
as required in the applicable laws, as well as attachment fees for
the use of Town-owned poles, towers, support structures, ducts, conduits
or other structures in the public ROW, as set forth in attachment
agreements authorizing such use.
[7]
No refund. Except as otherwise provided in a license agreement,
the provider may remove its communications facilities, poles or towers
from the public ROW at any time, upon not less than 30 days' prior
written notice to the Town, and may cease paying to the Town any applicable
recurring fees for such use, as of the date of actual removal of the
facilities and complete restoration of the public ROW. In no event
shall a provider be entitled to a refund of fees paid prior to removal
of its communications facilities, poles or towers.
(4)
Permit applications.
(a)
Permit required. Unless expressly authorized in this subsection
or in writing by the Town, no person may construct, install or maintain
in the public ROW any communications facilities or poles built for
the primary purpose of supporting communications facilities, or towers,
including the installation or co-location of communications facilities
on existing poles, towers, support structures or other structures
within the public ROW, without first receiving a permit. Notwithstanding
the foregoing, in the event of an emergency, a provider or its duly
authorized representative may work in the public ROW prior to obtaining
a permit, provided that the provider shall attempt to contact the
Town prior to commencing the work and shall apply for a permit as
soon as reasonably possible, but not later than 12 hours after commencing
the emergency work. For purposes of this subsection, an "emergency"
means a circumstance in which immediate repair to damaged or malfunctioning
facilities is necessary to restore lost service or prevent immediate
harm to persons or property.
(b)
Permit application requirements. The application shall be made
by the provider or its duly authorized representative and shall contain
the following:
[1]
The applicant's name, address, telephone number, and email address,
including emergency contact information for the applicant.
[2]
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application.
[3]
A description of the proposed work and the purposes and intent
of the proposed facility sufficient to demonstrate compliance with
the provisions of this subsection. The applicant shall state whether
the applicant believes the proposed work is subject to administrative
review or discretionary review and if the permit is an eligible facilities
request.
[4]
If applicable, a copy of the authorization for use of the property
from the pole, tower or support structure owner on or in which the
communications facility will be placed or attached.
[5]
Detailed construction drawings regarding the proposed communication
facility.
[6]
To the extent the proposed facility involves co-location on
a pole, tower or support structure, a structural report performed
by a duly licensed engineer evidencing that the pole, tower or support
structure will structurally support the co-location (or that the pole,
tower or support structure will be modified to meet structural requirements)
in accordance with applicable codes.
[7]
For any new aboveground facilities or structures, accurate visual
depictions or representations, if not included in the construction
drawings.
[8]
If new construction, a plan demonstrating how co-locations on
the new pole, tower or support structure would be possible for other
providers who may wish to deploy small cell technology in the geographic
area of the subject application.
(c)
Proprietary or confidential information in application. Applications
are public records that may be made available pursuant to the New
York State Freedom of Information Law. Notwithstanding the foregoing,
an applicant may designate portions of its application materials that
it reasonably believes contain proprietary or confidential information
as "proprietary" or "confidential" by clearly marking each portion
of such materials accordingly, and the Town shall treat the information
as proprietary and confidential, subject to the requirements of the
New York State Freedom of Information Law and the Town's determination
that the applicant's request for confidential or proprietary treatment
of application materials is reasonable.
(d)
Ordinary maintenance and repair. A permit shall not be required
for ordinary maintenance and repair. The provider or other person
performing the ordinary maintenance and repair shall obtain any other
permits required by applicable laws and shall notify the Town in writing
at least 48 hours before performing the ordinary maintenance and repair.
(e)
Material changes. The Town may require payment of an additional
permit application fee in the event the Town determines, in its sole
discretion, that material changes to an application after submission
amount to a new application and will materially increase the time
and/or costs of the permit review process. Unless otherwise agreed
to in writing by the Town, any material changes to an application,
as determined by the Town in its sole discretion, shall be considered
a new application for purposes of the time limits unless otherwise
provided by applicable laws.
(f)
Application fees. Unless otherwise provided by applicable laws,
all applications pursuant to this subsection shall be accompanied
by the required fees.
(g)
Effect of permit. A permit from the Town authorizes an applicant
to undertake only the activities in the public ROW specified in the
application and permit, and in accordance with this subsection and
any general conditions included in the permit. A permit does not authorize
attachment to or use of existing poles, towers, support structures
or other structures in the public ROW; a permittee or provider must
obtain all necessary approvals and pay all necessary fees from the
owner of any pole, tower, support structure or other structure prior
to any attachment or use. A permit does not create a property right
or grant authority to the applicant to interfere with other existing
uses of the public ROW.
(h)
Duration. Any permit for construction issued under this subsection
shall be valid for a period of 90 days after issuance and can be extended
for an additional 90 days upon written request of the applicant, if
the failure to complete construction is a result of circumstances
beyond the reasonable control of the applicant.
(i)
An applicant may simultaneously submit up to five applications
for communications facilities, or may file a single, consolidated
application covering a batch of not more than 20 such communications
facilities, provided that the proposed communications facilities are
to be deployed on the same type of structure using similar equipment
and within an adjacent, related geographic area of the Town. If the
applicant files a consolidated application, the applicant shall pay
the application fee calculated as though each communication facility
were a separate application. No applicant shall submit more than one
consolidated application over a six-month period. The Code Enforcement
Officer has the discretion to determine whether a provider is submitting
a consolidated application through the submission of multiple single
small wireless facilities.
(5)
Administrative review.
(a)
Permitted use. The following uses within the public ROW shall be permitted uses, subject to administrative review and issuance of a permit as set forth in this § 230-20G. All such uses shall be in accordance with all other applicable provisions of this subsection, including, without limitation, those set forth in this subsection and the terms of any license agreement. Administrative review will not be available for consolidated applications or simultaneous applications for more than five communication facilities.
[1]
Co-location of a small wireless facility that does not exceed
the maximum 35 feet in height set forth in this subsection or a co-location
that qualifies as an eligible facilities request.
[2]
Modification of a pole, tower or support structure or replacement
of a pole for co-location of a communications facility where the modification
or replacement qualifies as an eligible facilities request.
[3]
Construction of a new decorative pole or a monopole tower (but
no other type of tower) to be used for a small wireless facility that
does not exceed the maximum height set forth, provided that there
are existing poles of similar height within 100 feet of either side
of the proposed new pole or monopole tower.
[4]
Construction of a communications facility, other than those set forth in Subsection G(1), (2) or (3) in this subsection, involving the installation of coaxial, fiber-optic or other cabling, that is installed underground or aboveground between two or more existing poles or an existing pole and an existing tower and/or existing support structure, and related equipment and appurtenances.
(b)
Application review.
[1]
The Town shall review the application either under the administrative
review or discretionary review, as the case may be, and, if the application
conforms with applicable provisions of this subsection, the Town shall
issue the permit, subject to the design standards set forth in this
subsection.
[2]
Except as otherwise provided by applicable laws, the Town shall:
[a]
Within 10 days of receiving an application, notify
the applicant if the application is incomplete and identify the missing
information. The applicant may resubmit the completed application
within 30 days without additional charge, in which case the Town shall
have 10 days from receipt of the resubmitted application to verify
the application is complete, notify the applicant that the application
remains incomplete or, in the Town's sole discretion, deny the application;
and
[b]
Make its final decision to approve or deny the
application within 60 days for a co-location, and 90 days for any
new structure, after the application is complete (or deemed complete
in the event the Town does not notify the applicant that the application
or resubmitted application is incomplete).
[3]
The Town shall advise the applicant in writing of its final
decision.
(c)
Maximum height of permitted use. Small wireless facilities,
and new, modified or replacement poles, towers and support structures
in the public ROW may be approved through administrative review as
provided in this subsection only if the following requirements are
met:
(d)
Design standards. The design standards for communication facilities,
poles built for the sole or primary purpose of supporting communications
facilities, or towers shall be adopted by the Town Board and shall
be published on the official Town website and made available to all
applicants at their request or upon submission of an application.
The design standards must be strictly adhered to and shall constitute
a condition precedent to the granting of any permitting pursuant to
this subsection. The design standards shall be subject to change upon
upon a majority vote of the Town Board.
(6)
Discretionary review and approval. All other uses within the public
ROW not expressly set forth or referenced in this subsection shall
require compliance with, and issuance of, a site plan approval pursuant
to the Town Code. In determining the deployment and placement of communication
facilities, the Planning Board shall consider the following criteria
and their impact on the surrounding neighborhood during the site plan
review process: i) the design standards set forth in this subsection;
ii) the compatibility of further deployments and their potential impact
on the surrounding neighborhood; iii) the potential for co-location
of other providers' communication facilities; and iv) the density
fulfillment needs of the neighborhood.
(7)
General public ROW installation requirements.
(a)
General work requirements.
[1]
General safety and compliance with laws. The permittee shall
employ due care during the installation, maintenance or any other
work in the public ROW, and shall comply with all safety and public
ROW protection requirements of applicable laws, applicable codes,
and any generally applicable Town guidelines, standards and practices,
and any additional commonly accepted safety and public ROW protection
standards, methods and devices (to the extent not inconsistent with
applicable laws).
[2]
Traffic control. Unless otherwise specified in the permit, the
permittee shall erect a barrier around the perimeter of any excavation
and provide appropriate traffic control devices, signs and lights
to protect, warn and guide the public (vehicular and pedestrian) through
the work zone. The manner and use of these devices shall be described
within a traffic control plan in accordance with the Uniform Manual
of Traffic Control Devices. The permittee shall maintain all barriers
and other traffic control and safety devices related to an open excavation
until the excavation is restored to a safe condition or as otherwise
directed by the Town.
[3]
Interference. The permittee shall not interfere with any existing
facilities or structures in the public ROW, and shall locate its lines
and equipment in such a manner as not to interfere with the usual
traffic patterns (vehicular or pedestrian) or with the rights or reasonable
convenience of owners of property that abuts any public ROW.
[4]
Utility location. Before beginning any excavation in the public
ROW, the permittee shall comply with Dig Safely New York, Inc.
(b)
Compliance with permit.
[1]
All construction practices and activities shall be in accordance
with the permit and approved final plans and specifications. The Town
and its representatives shall be provided access to the work site
and such further information as they may require to ensure compliance
with such requirements. All work that does not comply with the permit,
the approved plans and specifications for the work, or the requirements
of this subsection, shall be removed at the sole expense of the permittee.
The Town may stop work in order to assure compliance with the provisions
of this subsection.
[2]
In addition to obtaining a permit for installation of a communications
facility, poles built for the sole or primary purpose of supporting
communications facilities, or towers in the public ROW, an applicant
must obtain all other required permits.
(c)
Mapping data. The permittee shall provide to the Town as-builts,
in a format designated by the Town or otherwise compatible with such
format, showing the location of communications facilities, poles,
support structures and towers upon completion of the permitted work.
(8)
Attachment to and replacement of decorative poles. Notwithstanding
anything to the contrary in this subsection, an applicant may not
install a small wireless facility on a decorative pole, or replace
a decorative pole with a new decorative pole unless the Town has determined,
in its sole discretion as part of the administrative review process,
that each of the following conditions has been met:
(9)
General design guidelines.
(a)
Compliance. All communications facilities shall be designed,
constructed, operated, maintained, repaired, modified and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including, but not limited to, the most
recent editions of the American National Standards Institute (ANSI)
Code, National Electrical Safety Code, National Electrical Code, the
Town of Clay Code, and any other applicable local, state, and federal
rules and regulations.
(b)
Underground utilities. All service lines to the proposed communications
facility shall be underground if all other utilities in the immediate
area are also underground.
(c)
Power and fiber-optic supply.
[1]
Independent power source required. Communications facilities
subject to a license agreement may not use the same power source providing
power for the existing facilities original to the purpose of the support
structure, unless specifically authorized by the owner of the support
structure and approved by the Town Engineer. An independent power
source must be contained within a separate conduit on the existing
support structure.
[2]
Providers shall coordinate, establish, maintain and pay for
all power and communication connections with private utilities.
(d)
Wiring, cables and conduit requirements.
[1]
All wiring and cables must be housed and fully concealed within
the steel or other metal support structure pole and extended vertically
within a flexible conduit. In nonsteel or solid support structures,
all wiring and cables must be fully concealed and appropriately protected
and covered with a material that matches the nonsteel or solid support
structure so as not to be visible from public view.
[2]
Aboveground wires, cables, connections and conduits are prohibited,
except as specified in this Design Guideline Manual based on the support
structure.
[3]
Spools and/or coils of excess fiber optic or coaxial cables
or any other wires shall not be stored on the pole except completely
within the approved enclosures or cabinets.
(e)
Lighting. Lighting associated with communications facilities
is prohibited, except when incorporated into new or existing approved
decorative lighting poles and/or streetlights. Any internal lights
associated with electronic equipment must be shielded from public
view.
(f)
Signage. Signage is prohibited on all communications facilities
and support structures, including stickers, logos, and other nonessential
graphics and information unless required by the FCC.
(g)
Work permits. All providers must obtain a work permit from the
Town for any activity described in this subsection.
(h)
Public safety communications. Small wireless facilities shall
not interfere with public safety communications or the reception of
broadband, television, radio or other communication services enjoyed
by the occupants of nearby properties.
(i)
Existing support structures.
[1]
Co-location encouraged. The co-location of communications facilities
on existing poles, towers and support structures is strongly encouraged
to minimize the extent of intrusion of redundant support structures
within the public ROW or on private property. An entity seeking to
place facilities in the Town shall demonstrate co-location is not
commercially, structurally and/or practically feasible.
[2]
Structural integrity of existing support structures.
[a]
The Town shall not authorize any attachments to
Town-owned infrastructure, pole, tower or support structure that negatively
impacts the structural integrity of said infrastructure, pole, tower
or support structure.
[b]
The Town may condition approval of the co-location
on replacement or modification of the communications facility at the
provider's cost if the Town determines that replacement or modification
is necessary for compliance with the construction and/or safety standards
of the Town. A replacement or modification of the communications facility
shall conform to the applicable design guideline(s) and the Town's
applicable specifications for the type of structure being replaced.
The Town shall retain ownership of a replacement support structure.
[3]
Maximum permitted height. For an existing communications facility
or support structure, the antenna and any associated shroud or concealment
material which are permitted to co-locate at the top of the existing
support structure shall not increase the height of the existing support
structure by more than five feet or a total of 35 feet from grade.
[4]
Reserved space. The Town may reserve space for future public
safety or transportation uses in the public ROW or on a pole, tower
or support structure owned by the Town in accordance with an approved
plan in place at the time an application is filed.
[a]
A reservation of space shall not preclude placement
of a pole or the co-location of a communications facility.
[b]
If replacement of the Town's pole or support structure
is necessary to accommodate the co-location of the communications
facility and the future use, the provider shall pay for the replacement
of the pole or support structure and shall design and construct the
replacement pole or support structure in a manner that is able to
accommodate the future use.
(j)
New pole, tower or support structures.
[1]
Location.
[a]
Required setbacks.
[i]
The center line of a new pole, tower or support
structure shall be installed in alignment with existing street trees
and other poles along the same public ROW whenever possible.
[ii]
In no case shall a new pole, tower or support
structure be located less than what is required in the license agreement
from any of the roadway/face of curb, sidewalk, or shared use path
as measured to the nearest part of the support structure.
[iii]
New poles, towers or support structures shall
be located a minimum of six feet from any permanent object, structure
or existing lawful encroachment into the public ROW, or as determined
in the license agreement.
[iv]
Support structures for small wireless facilities
located outside of the public ROW shall be set back from the property
line of the lot on which they are located a distance equal to not
less than the total height of the facility, including the support
structure, as measured from the highest point of such support structure
to the finished grade elevation of the ground on which it is situated,
plus 10% of such total height. The Planning Board may reduce such
setback requirements based upon consideration of lot size, topographic
conditions, adjoining land uses, landscaping, and other forms of screening
and/or structural characteristics of the proposed support structure.
[b]
Required spacing. A minimum of 300 linear feet
between poles, towers, support structures or communication facilities
is required. To the extent feasible, any new or replacement pole,
tower or support structure constructed in the public ROW shall be
located at the property line between two residentially zoned properties
and not in the direct line of site from the front of a residential
structure.
[c]
Placement of poles between property lines. When
feasible, all poles shall be installed as close to the adjoining property
line as possible, unless not feasible, to curtail impacts on primary
structures.
[2]
Maximum permitted height. For a new support structure in all
districts, the overall height of the pole, tower and support structure
and any co-located antennas shall not be more than 35 feet in height
above established grade measured at the base of the support structure.
[3]
Design requirements.
[a]
Shape and dimensions. All new poles, towers or
support structures shall be constructed of solid hot-dipped galvanized
steel and shall be round with the pole shaft tempered in diameter
from the base to the top with a maximum of 12 inches at the base.
[b]
Aesthetics. In appropriate locations and districts,
decorative poles shall be utilized to complement the existing character
of the applicable corridor of the Town.
[c]
Transformer base. All new poles, towers or support
structures shall include a one-piece cast aluminum alloy transformer
base in a breakaway design, consistent with engineering standards
subject to the Engineer for the Town's review and approval.
[d]
Foundation/footer.
[i]
All new poles, towers or support structures shall
be supported with a reinforced concrete foundation or footer that
is designed by a professional engineer, subject to the Engineer for
the Town's review and approval.
[ii]
Anchor bolts must be constructed from steel (high
strength) per ATSM A36, threaded (J-Type/L-Type), hot dip galvanized
steel per ODOT CM Item No. 711.02, and in a strength and diameter
recommended by a professional engineer, subject to the Engineer for
the Town's review and approval.
[iii]
All anchor bolts must be concealed from public
view with an appropriate pole boot or cover, powder-coated to match
the pole, tower or support structure.
[e]
Color. New poles, towers or support structures,
including the breakaway transformer base, shall have a powder-coated
finish in dark earth tone colors such as dark green, dark brown, gray,
or black, consistent with the color of other poles, towers or support
structures in the immediate vicinity, unless other colors are approved
by the Town.
[4]
Multiple requests. If multiple requests are received by the
Town to install two or more poles, towers or support structures that
result in the violation of the applicable spacing requirements outlined
herein, or to co-locate two or more communications facilities on the
same pole, tower or support structure, the Town may resolve conflicting
requests through whatever reasonable and nondiscriminatory manner
it deems appropriate.
[5]
Alternate location. The Town reserves the right to propose an
alternate location to any proposed location of a new pole, tower or
support structure, that is within 100 feet of the proposed location
or within a distance that is equivalent to the width of the public
ROW in or on which the new structure is proposed, whichever is greater,
which the provider shall use if it has the right to do so on reasonable
terms and conditions and the alternate location does not impose technical
limits or significant additional costs.
[6]
Waiver.
[a]
A provider may seek a waiver from the Planning
Board of the undergrounding or alternative location requirements for
the placement of a new pole, tower or support structure to support
communications facilities if the provider is unable to achieve its
service objective using a communications facility under the following
circumstances:
[b]
The Town shall process waivers in a reasonable
and nondiscriminatory manner that does not have the effect of prohibiting
the provision of wireless services.
(k)
Antennas.
[1]
Location. All antennas to be installed on new or existing poles,
towers or support structures shall be mounted flush to the top of
the pole, tower or support structure and aligned with the center line
of the pole, tower or support structure, unless otherwise agreed to
by the Town based on the specific context and characteristics of the
communications facility.
[2]
Size. Each antenna shall be located entirely within an enclosure
of not more than three cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all of its exposed
elements could fit within an enclosure of not more than 12 cubic feet
in volume.
[3]
Design.
(l)
Small wireless facilities installed on support structures.
[1]
Size. Exclusive of the antenna, all wireless equipment associated
with the communications facility shall not cumulatively exceed 28
cubic feet in volume. The calculation of equipment volume shall not
include electric meters, concealment elements, telecommunications
demarcation boxes, grounding equipment, power transfer switches, cut-off
switches, and vertical cable runs for the connection of power and
other services.
[2]
Equipment enclosures. All communications facilities mounted
to poles, towers or support structures or located on the ground shall
be fully contained within enclosures or cabinets.
[3]
Required clear height. All communications facilities mounted
to a pole, tower or support structure shall provide a minimum of 10
feet of clear space on the pole as measured from established grade
to the lowest point of any facility/equipment cabinets or concealment
apparatus mounted to the pole, tower or support structure.
[4]
Maximum horizontal offset from support structure. Communications
facility equipment cabinets or enclosures shall not extend more than
10 inches beyond the pole, tower or support structure center line
in all directions.
[5]
Design.
[a]
Cabinet or enclosure shape. Communications facility
equipment cabinets or enclosures shall be rectangular in shape, with
the vertical dimensions being greater than the horizontal. Generally,
the cabinet or enclosure shall be no wider than the maximum diameter
of the support structure.
[b]
Installation. All pole-mounted equipment cabinets
or enclosures must be installed as flush to the pole as possible.
Any installation brackets connecting the cabinets or enclosure to
the pole shall not extend more than two inches from the pole and shall
include metal flaps (or wings) to fully conceal the gap between the
cabinet and pole.
[c]
Color. Cabinets or enclosures shall match the color
specification of the pole, tower and/or support structure, unless
other colors are approved by the Town.
(m)
Ground-mounted small wireless facilities.
[1]
Location.
[a]
Required setbacks.
[i]
In no case shall ground-mounted small wireless
facilities be located no less than required in the license agreement
from the roadway/face of curb, sidewalk, or shared use path as measured
to the nearest part of the cabinet or enclosure.
[ii]
Ground-mounted communications facilities and associated
required screening or shrouding shall be located a minimum of six
feet from any permanent object or existing lawful encroachment into
the public ROW.
[2]
Size. All communications facility equipment shall not cumulatively
exceed 28 cubic feet in volume. The calculation of equipment volume
shall not include electric meters, concealment elements, telecommunications
demarcation boxes, grounding equipment, power transfer switches, cut-off
switches, and vertical cable runs for the connection of power and
other services.
[3]
Maximum permitted height. The maximum height for ground-mounted
communications facilities shall not exceed 2 1/2 feet as measured
from established grade at the base of the facility.
[4]
Equipment enclosures required. All ground-mounted communications
facilities shall be fully contained within enclosures or cabinets.
[5]
Design requirements.
[a]
Concealment. Ground-mounted equipment shall incorporate
concealment elements into the proposed design matching the materials
of the support structure, unless other materials are approved by the
Town. Concealment may include, but shall not be limited to, landscaping,
strategically placed in less obtrusive locations. Landscaping concealing
equipment enclosures shall be planted in such quantity and size such
that 100% screening is achieved within two years of installation.
Landscaping shall be continuously maintained but shall not result
in overgrowth of the public right-of-way area and shall minimize its
presence while achieving the goal of screening.
[b]
Concrete fad or slab: in accordance with state
and local standards approved by the Code Enforcement Officer.
[c]
Breakaway design. All objects placed within the
public ROW shall feature breakaway design.
[d]
Color. Ground-mounted communication facility cabinets
and enclosures shall have a powder-coated finish in dark earth tone
colors such as dark green, dark brown, gray, or black, unless other
colors are approved by the Town.
(n)
Construction and safety requirements.
[1]
Approval of the co-location, replacement or modification of
a pole, tower or support structure is conditioned upon the provider's
assumption of costs if the Town determines such is necessary for compliance
with its written construction or safety standards.
[2]
Prevention of failures and accidents. Any provider who owns
a communications facility sited in the public ROW or upon Town-owned
property shall at all times employ ordinary and reasonable care and
shall install, maintain and use nothing less than the best available
technology for preventing failures and accidents which are likely
to cause damage, injury, or nuisance to the public.
[3]
Compliance with firesafety and FCC regulations. Communications
facilities, wires, cables, fixtures, and other equipment shall be
installed and maintained in compliance with the requirements of the
National Electrical Code, all FCC, state, and local regulations, and
in such manner that will not interfere with the use of other property,
public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
[4]
Wind and ice. All communications facilities shall be designed
to withstand the effects of wind gusts and ice to the standard designed
by ANSI, as prepared by the engineering departments of the Electronics
Industry Association, and Telecommunications Industry Association
(ANSI/EIA/TIA-222, as amended).
[5]
Surety bond or equivalent financial tool for cost of removal.
All providers shall procure and provide to the Town a renewable bond,
or shall provide proof of an equivalent financial mechanism, which
may include a funds set-aside and a letter of credit, to ensure compliance
with all provisions of these standards and guidelines. The renewable
bond or equivalent financial method shall cover the cost to remove
unused or abandoned small wireless facilities or damage to Town property
caused by a provider or its agent for each communications facility
which the provider installs in the public ROW or upon Town-owned property.
(o)
Indemnify and hold Town harmless. Any provider who owns or operates
a communications facility or a pole, tower or support structure in
the public ROW or upon Town-owned property shall, to the fullest extent
permitted by law, indemnify, protect, defend, and hold the Town and
its elected officials, officers, employees, agents, and volunteers
harmless from any and all penalties, damages, costs, or charges arising
out of any and all claims, suits, demands, causes of action, or award
of damages, whether compensatory or punitive, or expenses arising
therefrom, either at law or in equity, which might arise out of, or
are caused by, the placement, construction, erection, modification,
location, product performance, use, operation, maintenance, repair,
installation, replacement, removal, or restoration of said facility.
With respect to the penalties, damages or charges referenced herein,
reasonable attorneys' fees, consultants' fees and expert witness fees
are included in those costs that are recoverable by the Village.
(p)
Said provider shall also hold the Town and/or its agent(s) harmless
in the event any action by the Town and/or its agent(s) negligently
or recklessly disrupts, destroys, and/or incapacitates the small cell
facility or wireless support structure situated in the public ROW
or Town-owned property in accordance with these Design Guidelines
and Standards.
(10)
Violation of this subsection. Violation of any of the provisions
of this subsection shall be a violation punishable with a civil penalty
of $250 for each violation. Each day that a violation occurs or is
permitted to exist by the applicant or provider constitutes a separate
offense for which no further notice of any kind needs to be filed.
H.
Solar
energy systems.
[Added 3-7-2022 by L.L. No. 1-2022]
(1)
Authority. This solar energy section is adopted pursuant to §§ 261
through 263 of the Town Law and § 20 of the Municipal Home
Rule Law of the State of New York, which authorize the Town to adopt
zoning provisions that advance and protect the health, safety and
welfare of the community and, in accordance with the Town Law of New
York State, to make provision for, so far as conditions may permit,
the accommodation of solar energy systems and equipment and access
to sunlight necessary therefor.
(2)
Statement of purpose. This solar energy section is adopted to advance
and protect the public health, safety, and welfare of the Town by
creating regulations for the installation and use of solar-energy-generating
systems and equipment, with the following objectives:
(a)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(b)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(c)
To increase employment and business development in the Town,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
(d)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources; and
(e)
To maintain the rural character of the Town of Clay and to integrate
solar energy usage in the Town in such a way as to minimize the visual
impact on the community.
(3)
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
FARMLAND OF STATEWIDE IMPORTANCE
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
NATIVE PERENNIAL VEGETATION
POLLINATOR
PRIME FARMLAND
QUALIFIED SOLAR INSTALLER
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(a)
(b)
(c)
SOLAR PANEL
STORAGE BATTERY (also known as "energy storage system")
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil
Survey, that is of statewide importance as determined by the appropriate
state agency or agencies. Farmland of statewide importance may include
tracts of land that have been designated for agriculture by state
law.
The effect by reflections of light with intensity sufficient,
as determined in commercially reasonable manner, to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
Native wildflowers and grasses that serve as habitat, forage,
and migratory way stations for pollinators and shall not include any
prohibited or regulated invasive species as determined by the New
York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS) Soil
Survey Geographic (SSURGO) Database on Web Soil Survey, that has the
best combination of physical and chemical characteristics for producing
food, feed, forage, fiber, and oilseed crops and is also available
for these land uses.
A person who has the skills and knowledge related to the
construction and operation of solar energy systems. Persons who are
on the list of eligible photovoltaic installers maintained by NYSERDA,
or who are certified by NABCEP, shall be deemed to be qualified. Persons
who are not on either of these lists may be deemed qualified if the
Town Code Officer determines that they have adequate training and
experience to perform the installation safely.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
Tier 2 solar energy systems are residential or single building
serving ground-mounted solar energy systems that are affixed to the
ground either directly or by mounting devices and are not attached
or affixed to a building or structure. All applications for Tier 2
solar energy systems are reviewed and approved or denied by the Town
Planning Board.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems. Tier 3 systems
shall only be allowed in industrial and commercial zones. All applications
for Tier 3 solar energy systems are approved or denied by the Town
Board after review of the application, including the site plan application,
by the Planning Board and after the Planning Board has filed an advisory
report to the Town Board. This report must be filed with the Town
Board within 45 days of the completed application being filed with
the Town or such additional time as may be deemed appropriate by the
Town Board.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
(4)
Applicability.
(a)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in the Town after the effective
date of this section, excluding general maintenance and repair.
(b)
Solar energy systems constructed or installed prior to the effective
date of this section shall not be required to meet the requirements
of this section.
(c)
Modifications to an existing solar energy system that increase
the solar energy system area by more than 5% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this section.
(d)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Town Code.
(5)
General requirements.
(a)
A building permit shall be required for installation of all
solar energy systems and installation must be performed by a qualified
solar installer as approved by the Town Codes Officer.
(b)
Solar energy systems, unless a part of a Tier 3 solar energy
system, shall be permitted to provide for power for use by owners,
lessees, tenants, residents or other occupants of the premises on
which they are erected, but nothing contained in this provision shall
be construed to prohibit the sale of excess power through a net metering
arrangement in accordance with the New York Public Service Law or
similar state or federal statute. However, solar energy systems applications
in a residential setting and serving residential use on a single parcel
or lot shall be limited to 25 kW and 110% of energy consumed on the
site in the prior 12 months. Solar energy system applications serving
a commercial or industrial use shall be limited to no more than 110%
of the energy consumed on the site in the prior 12 months.
(c)
Issuance of permits and approvals by the Town Board, Planning
Board, and Codes Officer shall include review pursuant to the State
Environmental Quality Review Act ECL Article 8 and its implementing
regulations at 6 NYCRR Part 617 ("SEQRA").
(d)
Prior to operation, electrical connections must be inspected
by an appropriate licensed electrical inspection person or agency,
as determined by the Town. An electrical inspector must supply written
verification that all electrical connections pass inspection.
(e)
Connection to the public utility grid must be inspected by the
appropriate public utility, and proof of inspection shall be provided
to the Town.
(f)
Solar energy systems shall be permitted only if they are determined
by the Town not to present any unreasonable safety risk, including,
but not limited to, weight load, resistance and ingress and egress
in the event of fire or other emergency.
(g)
Also, energy systems shall comply with all relevant and applicable
provisions of the New York State Uniform Fire Prevention and Building
Code Standards.
(h)
If storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure under
the requirements of the New York State Uniform Fire Prevention and
Building Code when in use, and when no longer in use shall be disposed
of in accordance with the laws and regulations of the Town and other
applicable laws and regulations.
(i)
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobstructed
conduit. Conduits or feeds which are laid on the roof shall be camouflaged
to blend in with the roof and reduce statically objectionable impacts.
(j)
If solar energy systems, except for Tier 3 systems which have
separate regulations under this section, cease to perform their originally
intended function for more than 12 consecutive months, unless extended
by the Town Board, the property owner shall completely remove the
system, mounts and all associated equipment and components by no later
than 90 days after written notice is received from the Town. The Code
Enforcement Officer shall have the right, at any reasonable time after
notice, to enter in company of the owner or his agent to ensure that
the solar energy system remains operational.
(k)
Design, construction, operation and maintenance of the solar
energy system shall prevent direction, misdirection and/or reflection
of solar arrays and/or glare onto neighboring properties, public roads,
public parks and public buildings.
(l)
Prior to the time of the issuance of a solar building permit,
the applicant/owner shall demonstrate to the Code Enforcement Officer
a reliable and safe master method for the de-energizing of the solar
energy system in the event of an emergency.
(6)
Permitting requirements for Tier I solar energy systems. All Tier
I solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under this section, subject
to the following conditions for this type of solar energy system:
(a)
Roof-mounted solar energy systems.
[1]
Roof-mounted solar energy systems shall incorporate the following
design requirements:
[a]
Solar panels on pitched roofs shall be mounted
with a maximum distance of eight inches between the roof surface and
the highest edge of the system.
[b]
Solar panels on pitched roofs shall be installed
parallel to the roof surface on which they are mounted or attached.
[c]
Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[d]
Solar panels on flat roofs shall not extend above
the top of the surrounding parapet, or more than 48 inches above the
flat surface of the roof, whichever is higher.
[e]
Solar energy systems, to the extent possible, shall
have neutral paint colors to achieve harmony with the surrounding
area.
[2]
Glare: All solar panels shall have antireflective coating(s).
(b)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the system.
(7)
Permitting requirements for Tier 2 solar energy systems.
(a)
Districts where allowed. Tier 2 solar energy systems are permitted
in all districts.
[1]
A solar/building permit and special use permit from the Planning
Board shall be required for the installation of all ground-mounted
solar energy systems.
[2]
Front yards.
[a]
Ground-mounted solar energy systems are prohibited
in front yards. In addition, ground-mounted solar energy systems shall
comply with the most restrictive area, yard and total area/lot coverage
restrictions based on the specific zoning regulation in each applicable
zoning district in which the ground-mounted solar system is constructed.
Further, additional setbacks and yard requirements in total area/lot
coverage restrictions may be required by the Planning Board in order
to protect the public safety, health and welfare.
[b]
A front yard, for the purposes of this section,
is defined as a line drawn parallel to the highway drawn on a point
from the corner of the residence or principal structure on the structure
closest to the highway.
[3]
Ground-mounted solar energy systems shall only be permitted
on lots which are 20,000 square feet or larger.
[4]
The height of solar collector/panels in any amounts shall not
exceed 12 feet in height in residential districts and 12 feet in industrial
and commercial districts when orientated at the maximum tilt measured
from the ground, including any base.
[5]
As a part of the special use permit review process, the Planning
Board will determine that a ground-mounted solar energy system shall
be screened to the extent possible from adjoining lots and street
rights-of-way through the use of architectural features, earth berms,
landscaping, fencing or other screen which will harmonize with the
character of the property and the surrounding area.
[6]
The ground-mounted solar energy system shall be located in a
manner to minimize view blockage reasonably for surrounding properties
and shading of property while still providing adequate solar access
for the solar energy system.
[7]
Neither the ground-mounted solar energy system nor any component
thereof shall be cited within any required buffer area, easement,
right-of-way or setback.
[8]
No special use permit shall be issued by the Planning Board
unless they determine that the proposed activity will:
(8)
Permitting requirements for Tier 3 solar energy systems. Tier 3 solar
energy systems are only permitted in industrial and commercial zoning
districts and require the issuance of a special use permit. All systems
are subject to the site plan application requirements set forth in
this section. In the granting of a special use permit, the Town Board
will strive to permit the location of Tier 3 solar energy systems
in such a manner so that no one area or neighborhood in the Town would
be overburdened by the placement of Tier 3 solar energy systems.
(a)
Applications for the installation of Tier 3 solar energy system
shall be:
[1]
Reviewed by the Code Enforcement Officer for completeness. Applicants
shall be advised within 15 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
[2]
Subject to a public hearing to hear all comments for and against
the application. The Town Board shall have a notice printed in a newspaper
of general circulation in the Town at least 10 days in advance of
such hearing. Applicants shall have delivered the notice by first-class
mail to adjoining landowners or landowners within 400 feet of the
property at least 10 days prior to such a hearing. Proof of mailing
shall be provided to the Town Board at the public hearing.
[3]
Referred to the County Planning Department pursuant to General
Municipal Law § 239-m and the Town Planning Board for site
plan review and advisory report.
(b)
Underground requirements. All on-site utility lines shall be
placed underground to the extent feasible and as permitted by the
serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including, without limitation, any poles with new easements and right-of-way.
(c)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(d)
Signage.
[1]
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
[2]
As required by the National Electric Code (NEC), disconnect
and other emergency shutoff information shall be clearly displayed
on a light-reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(e)
Glare. All solar panels shall have antireflective coating(s).
(f)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(g)
Tree-cutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(h)
Decommissioning.
[1]
Solar energy systems that have been abandoned for one year and/or
are not producing electricity for a period of one year at least 50%
of its intended usage shall be removed at the landowner's and/or operator's
expense which, at the Town's option, may come in part or whole from
any security made with the Town.
[2]
A decommissioning plan signed by the landowner and/or operator
of the solar energy system shall be submitted by the applicant, addressing
the following:
[a]
The cost of removing the solar energy system.
[b]
The time required to decommission and remove the
solar energy system from any ancillary structures.
[c]
The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[d]
The Town at its option may obtain its own decommissioning
plan, the cost of which shall be paid for by the applicant.
[3]
Security, limited-access agreement, assessment of expenses and
insurance.
[a]
The Town of Clay recognizes the importance of the
need to possess adequate security in an easily convertible and usable
form in the event the Town is forced to act to decommission the arrays
and remediate a property if a permitted operation is abandoned. The
Town of Clay also recognizes the long-term nature of some of these
projects and the need to have a full cash security posting before
the life of the project expiration date. Accordingly, the Town of
Clay will require the posting of a significant cash component of the
security amount determined, in addition to the initial posting of
an irrevocable letter of credit. The Town shall require all applicants
to post additional cash with corresponding decreases in the letter
of credit posting throughout the term of the project life until the
Town has a full cash security posting. The deposit, executions, or
filing with the Town Comptroller of cash or irrevocable letter of
credit shall be in an amount set by the Town Engineer and sufficient
to ensure the good-faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
security shall be 125% of the cost of removal of the Tier 3 solar
energy system and restoration of the property.
[b]
In the event of default upon performance of such
conditions, after proper notice and expiration of any cure periods,
the cash or letter of credit security shall be forfeited to the Town,
which shall be entitled to maintain an action thereon. The cash deposit
or security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
The Town may also bring legal action against the applicant for any
unrecovered losses.
[c]
In the event of default or abandonment of the solar
energy system, the system shall be decommissioned as set forth herein.
[d]
Any expenses or losses incurred by the Town and
not reimbursed by any security in connection with the cost of removal
of abandoned equipment or other related items and legal fees and expenses
shall be levied and collected in the same manner as provided in the
Town Law for the levy and collection of a special ad valorem levy
on the real property on which the solar energy system is located.
This assessment shall be assessed on the next assessment against said
property, and the same shall be levied and collected in the same manner
as the regular Town tax.
[e]
Insurance. The applicant and/or owner shall maintain
a current insurance policy which will cover the installation and operation
of the Tier 3 project at all times in the minimum amount of $5,000,000
property and personal liability coverage and provide proof of such
policy to the Town on an annual basis. The Town of Clay shall be an
additional insured and proof of same shall be provided to the Town
each year.
[f]
Limited site access agreement. The Town of Clay
shall require all applicants to enter into a limited site access agreement
upon the posting of security to ensure the Town may access the property
in the event the Town is forced to act to decommission the project.
The agreement shall be prepared by the Town Attorney in a form and
content acceptable to the Town Board.
(9)
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. Any site plan application
shall include the following information:
(a)
Property lines and physical features, including roads, and all
improvements for the project site as shown on a current survey prepared
and signed by a licensed surveyor.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code-compliant disconnects and overcurrent devices.
(d)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of a building permit.
(e)
Name, address, and contact information of the proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of a building permit.
(f)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(g)
Zoning district designation for the parcel(s) of land comprising
the project site.
(h)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(i)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(j)
Prior to the issuance of the building permit or final approval
by the Town Board, engineering documents must be signed and sealed
by a New York State (NYS) licensed professional engineer or NYS registered
architect.
(k)
The Planning Board shall complete site plan review within 90
days from the receipt of all relevant and required documents from
the applicant and, for Tier 3 applications, forward its report with
any recommendations to the Town Board unless the time is extended
by the Town Board.
(l)
Special and additional requirements for all Tier 3 applications:
[1]
Plans and drawings of the proposed Tier 3 installation signed,
marked and/or stamped by a professional engineer or architect registered
in New York State showing the proposed layout of the entire solar
farm along with a description of all components whether on-site or
off-site, existing vegetation and proposed clearing and grading of
all sites involved. Clearing and/or grading activities are subject
to review by the Town Board and shall not commence until the issuance
of site plan approval. The plans and development plan shall be drawn
in sufficient detail and shall further describe:
[a]
Property lines and physical dimensions of the proposed
site, including contours at five-foot intervals.
[b]
Location, approximate dimensions and types of all
existing structure(s) and uses on the site.
[c]
Location and elevation of the proposed Tier 3 installation.
[d]
Location of all existing aboveground utility lines
showing the connection of the system to the utility line.
[e]
Where applicable, the location of all transmission
facilities proposed for installation. All transmission lines and wiring
associated with a Tier 3 project shall be buried underground and include
necessary encasements in accordance with the National Electric Code
and Town requirements. The Town Board may recommend waiving this requirement
if sufficient engineering data is submitted by the applicant demonstrating
that underground transmission lines are not feasible or practical.
The applicant is required to show the locations of all proposed overhead
electric utility/transmission lines, including substations and junction
boxes and other electrical components for the project on the site
plan. All transmission lines and electrical wiring shall be in compliance
with the public utility company's requirements for interconnection.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
[f]
Location of all service structures proposed as
part of the installation and primary equipment sheds.
[g]
Landscape plan showing all existing natural land
features, trees, forest cover and all proposed changes to these features,
including size and type of plant material. The plan shall show any
trees and/or vegetation which is proposed to be removed for purposes
of providing greater solar access. Removal of existing trees larger
than six inches in diameter shall be minimized to the greatest extent
possible.
[h]
A berm, landscape screen, or any other combination
acceptable to the Town capable of screening the site, shall be provided
along any property line as may be required by the Planning Board during
site plan review.
[i]
Soil type(s) at the proposed site.
[j]
Photographic simulations shall be included showing
the proposed solar farm along with elevation views and dimensions
and manufacturer's specifications and photos of the proposed solar
energy systems, solar collectors, solar panels and all other components
comprising the Tier 3 project.
[k]
Prior to the issuance of a solar/building permit,
certification from a professional engineer or architect registered
in New York State indicating that the building or structure to which
a solar panel or solar energy system is affixed is capable of handling
the loading requirements of the solar panel or solar energy system
and various components.
[l]
Documentation of access to the project site(s),
including location of all access roads, gates, parking areas, etc.
[m]
A plan for clearing and/or grading of the site
and a stormwater pollution prevention plan (SWPPP) for the site.
[n]
Documentation of utility notification, including
an electric service order number.
[i]
The manufacturer's or installer's identification
and appropriate warning signage shall be posted at the site and be
clearly visible.
[o]
Solar energy systems shall be marked in order to
provide emergency responders with appropriate warning and guidance
with respect to isolating the electric systems. Materials used for
marking shall be weather-resistant. The marking shall be placed adjacent
to the main service-disconnect location clearly visible from the location
where the lever is operated.
[p]
The height of the solar panel array shall conform
to the height restrictions for an accessory structure in the applicable
zoning district, but in no case shall exceed 12 feet measured from
the ground, and including any base or supporting materials. Neutral
paint colors, materials and textures may be required for Tier 3 project
components, buildings and structures to achieve visual harmony with
the surrounding area.
[q]
The design, construction, operation and maintenance
of the solar energy system shall prevent the direction, misdirection
and/or reflection of solar rays and/or glare onto neighboring properties,
public roads, public parks and public buildings.
[r]
Artificial lighting of solar farms shall be limited
to lighting required for safety and operational purposes and shall
be shielded from all neighboring properties and public roads.
[s]
Noise. To the extent possible, all equipment that
produces noise shall be placed in the center of the solar array. Further,
and at the property line of any solar energy system, the noise level
shall not exceed 60 dB.
(10)
Special use permit.
(d)
Lot coverage.
[1]
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[a]
Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[b]
All mechanical equipment of the solar energy system,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[c]
Paved access roads servicing the solar energy system.
[d]
All area within the fenced-in perimeter.
[2]
Lot coverage of Tier 3 solar energy system, as defined above,
shall not exceed 50% of the lot.
(e)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a seven-foot-high
fence, as required by NEC, with a self-locking gate to prevent unauthorized
access.
(f)
Screening and visibility.
[1]
Solar energy systems smaller than 10 acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
[2]
Solar energy systems larger than 10 acres shall be required
to:
[a]
Conduct a visual assessment of the visual impacts
of the solar energy system on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including, for example, a digital
viewshed report, may be required to be submitted by the applicant.
[b]
Submit a screening and landscaping plan to show
adequate measures to screen through landscaping, grading, or other
means so that views of solar panels and solar energy equipment shall
be minimized as reasonably practical from public roadways and adjacent
properties to the extent feasible.
[i]
The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screen and/or mitigate any adverse aesthetic effects of the system,
following the applicable rules and standards established by the Town.
(11)
Ownership changes. If the owner or operator of the solar energy
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes, in writing, all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the solar energy system shall notify the Town of such
change in ownership or operator within 10 days of the ownership change
by certified mail to both the Town Clerk and Town Supervisor and addressed
to the Clay Town Hall.
(12)
Safety.
(a)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(b)
Solar energy systems shall be maintained in good working order
and in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
(c)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Town and any
applicable federal, state, or county laws or regulations.
(13)
Permit time frame and abandonment.
(a)
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 12 months after issue. In the
event a building permit's not issued or significant construction is
not in progress in accordance with the final site plan and special
permit within the twelve-month period, the Town Board may extend the
time to pull a permit or complete construction for an additional 90
days by resolution of the Board. If the expiration time is not extended
by the Town Board, all approvals shall become "null and void."
(b)
If there is no electricity generation of a solar energy system
on a continuous basis for 12 months and/or the reduction of proposed
usage in the amount of 50% for 12 months, the Town may notify and
instruct the landowner and/or operator of the solar energy system
to implement the decommissioning plan. Decommissioning must be completed
within 250 days of notification, unless extended by the Town Board.
(c)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
cash and or letter of credit for the removal of the solar energy system
and restoration of the site in accordance with the decommissioning
plan.
(14)
Enforcement. Any violation of this solar energy law shall be
subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of the Town.
(15)
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections, as declared by the valid judgment of any
court of competent jurisdiction to be unconstitutional, shall not
affect the validity or enforceability of any other section, subsection,
paragraph, sentence, clause, provision, or phrase, which shall remain
in full force and effect.
(16)
Waiver. The Town Board may, under appropriate conditions or
circumstances, and in its absolute discretion, waive one or more of
the submission requirements contained herein.
(17)
Fees. Fees for application are those as established by the Town
of Clay, and it shall be the responsibility of the applicant to reimburse
the Town for any and all reasonable and necessary legal, engineering
and other professional fees incurred by the Town in reviewing and
administering an application for a solar energy system under this
section.
[Amended 9-18-2006 by L.L. No. 7-2006]
This section addresses the land uses established
in the Zoning Code and provides parking and loading standards and
provisions for reserve and shared parking. Land uses are treated comprehensively
through a concept of parking groups.
A.
Size.
(1)
Parking space size. A parking space shall be 9 1/2
feet by 20 feet with a driving aisle 20 feet in width. Spaces are
measured from centerline of stripe.
(2)
Handicap parking. Handicap parking shall follow the
requirements of the Building Code of the State of New York. Medical
office buildings may require more parking spaces as per site plan
review.
(3)
Loading space size. A loading space shall be a minimum
of 12 feet wide and 55 feet in length with a height clearance of 14
feet. It shall also provide sufficient adjacent maneuvering space
for trucks and similar vehicles to safely enter, unload and depart
the loading space. Loading space design, placement and configuration
will be subject to approval during site plan or special permit reviews,
as required by the respective zone district. The length of loading
space may reduced by the reviewing board to 35 feet upon finding that
it is appropriate for the site and structure and does not result in
any interference with other vehicular or pedestrian movements.
B.
Required parking and loading table. The following
table establishes the minimum number of parking and loading spaces
for each proposed or existing land use based upon parking groups.
Parking groups are collections of land uses that are considered by
the Town to have similar parking and loading needs. The parking groups
are designed to use the familiar land use terminology used in this
Code and do not after whether a land use is permitted or not within
any district. The Commissioner of Planning and Development shall determine
the appropriate parking group for any land use.
C.
ASSEMBLY
COMMUNITY SUPPORT SITE
MANAGED-LIVING FACILITY
MEDICAL OFFICE, CLIENT-BASED
MEDICAL OFFICE, NON-CLIENT-BASED
MIXED-USE SITE
OFFICE, CLIENT-BASED
OFFICE, NON-CLIENT-BASED
OPEN-SPACE-RELATED
PRODUCTION SITE
RESIDENTIAL
RESTAURANT/ENTERTAINMENT
RETAIL SERVICE SITE, CUSTOMER-BASED
STORAGE SITE
VEHICULAR SERVICE SITE
Parking groups defined.
Land use accommodating large groups for events, such as performance,
show, lecture, religious service, meeting, or ceremony (examples:
indoor or outdoor recreation-spectator, theaters, religious institutions).
Land use providing utility, safety and similar services to
the community or individual property (examples: utility substations,
telecommunication devices, fire stations, emergency vehicle stations).
Land use providing temporary living, sleeping, or care accommodations
(examples: hotels, motels, hospitals, nursing homes).
Land use intended to primarily serve clients or patients
with medical, health care, therapeutic, or similar matters (examples:
medical offices, dentist offices, diagnostic centers).
Land use focusing on a variety of medical professional, administrative,
management, clerical tasks and similar back-office operations; customers,
clients, patients or similar nonemployees are not routinely present
(examples: medical records storage facility).
Land use where there are identifiable separate primary uses
on the site, and more than one of the above parking groups could apply
(examples: shopping centers with car dealer, office-apartment buildings).
Land use intended to primarily serve clients or patients
with professional, financial or similar matters (examples: accounting
or legal services, tax preparation office, engineering, insurance).
Land use focusing on a variety of professional, administrative,
management, clerical tasks and similar back-office operations; customers,
clients, patients or similar nonemployees are not routinely present.
Land use designed where the primary activities or services
are conducted outside, and buildings are generally accessory to the
exterior activity (examples: outdoor recreation-participant, playgrounds,
ball fields, cemeteries).
Land use primarily devoted to the manufacture and/or processing
of materials with accessory management office and storage space and
incidental customer-client space (examples: farms, manufacturers).
Land use primarily used as or contains a dwelling unit as
defined in this Code (examples: one-, two-, and multiple-family dwellings,
townhouses, mobile homes, apartments).
Land use serving, on retail basis, food and beverage for
on- or off-site consumption; may include related entertainment facilities
(examples: restaurants, bars, nightclubs).
Land use intended to primarily serve clients, patients, or
customers with retail or personal services (examples: banks, stores,
repair shops, groceries, shopping centers).
Land use primarily designed for the long- or short-term storage,
handling and shipping of bulk materials or individual items (examples:
warehouses, wholesale distributors, truck terminals).
Land use designed for the sales, service and/or storage of
motor vehicles and where the vehicle operator typically remains with
the vehicles or leaves the vehicle for service (examples: car repair,
gas stations, car washes, car dealers).
D.
Calculation of parking and loading requirements.
(1)
Type of parking spaces. The following table is the
basis for determining only the number of employee and customer parking
spaces.
(2)
Site plan/special permit review required. The following
types of spaces are excluded from this table: vehicle service, storage,
display, queuing or for vehicles owned, operated or otherwise directly
related to the land use (e.g., service or delivery vehicles, buses
or vans). Adequate space for these vehicles shall be separately provided
on the site, identified in the graphic plan(s) submitted to the Town
and evaluated during the site plan review or special permit review,
as required by the respective zone district.
(3)
Reserve spaces. Upon approval during either site plan
or special permit reviews, a percentage of the required parking or
loading spaces may be set aside for future installation. These spaces
shall be maintained as potentially usable spaces, but, until needed,
shall be landscaped, treated and maintained per the requirements of
the reviewing board. The reserve spaces shall be clearly shown on
any graphic plans approved by the Town. Unless otherwise prohibited
by the Town, the owner-occupant may prepare these reserve spaces for
vehicular use per the approved plan, without additional site plan
or special permit review. The Town may require the owner-occupant
to prepare the reserve spaces for vehicular use upon a finding by
the reviewing board that the reserve spaces are needed.
(4)
Shared/off-site parking. All parking and loading spaces
shall be maintained entirely within the same lot as the land use(s),
unless specifically allowed by the reviewing board. The reviewing
board may, during site plan or special permit review, allow the required
parking spaces to be maintained on any lot within 500 feet of the
primary land use if it determines that it is impractical to provide
parking on the same lot with the building by the issuance of a special
permit.
(5)
Parking ratios. The table sets forth a minimum number
of spaces required per selected characteristics of land use. Square
footage is used for most of the land uses and is based on the gross
or entire floor area of a building or structure, as measured along
the exterior walls.
(6)
Fractional results. A parking or loading space calculation
resulting in fraction of a space shall be rounded to the closest whole
number, except that no loading space shall be required for land uses
that yield a calculated loading space that is less than one space.
E.
Required parking and loading spaces. The following
parking and loading spaces shall be provided and satisfactorily maintained
by the owner-occupant of the property for each land use on the property.
|
Group Name
|
Minimum Required Parking Spaces
|
Minimum Required Loading Spaces
| ||
|---|---|---|---|---|
|
Residential
| ||||
|
1 to 3 units
|
2/unit
|
0
| ||
|
4 or more
|
2/unit
|
Subject to site plan review
| ||
|
Managed living facility
| ||||
|
Health related
|
2/bed
|
1/10,000 sq. ft.
| ||
|
Hotel, motel type use
|
1.5/room
|
1/10,000 sq. ft.
| ||
|
Assembly
| ||||
|
Fixed seating open floor plan:
|
1/3 seats
|
0
| ||
|
Flexible seating
|
10/1,000 sq. ft.
|
0
| ||
|
Office client-based
| ||||
|
Less than 4,000 sq. ft.
|
5/1,000 sq. ft.
|
0
| ||
|
4,000 to 15,000 sq. ft.
|
4/1,000 sq. ft.
|
0
| ||
|
Greater than 15,000 sq. ft.
|
4/1,000 sq. ft.
|
1/30,000 sq. ft.
| ||
|
Office, non-client-based
| ||||
|
Less than 4,000 sq. ft.
|
4/1,000 sq. ft.
|
0
| ||
|
4,000 to 15,000 sq. ft.
|
3/1,000 sq. ft.
|
0
| ||
|
Greater than 15,000 sq. ft.
|
2/1,000 sq. ft/50,000 sq. ft.
| |||
|
Medical office, client-based
| ||||
|
Less than 4,000 sq. ft.
|
4/1,000 sq. ft.
| |||
|
4,000 to 15,000 sq. ft.
|
6/1,000 sq. ft.
|
1
| ||
|
Greater than 15,000 sq. ft.
|
7.5/1,000 sq. ft.
|
1/15,000 sq. ft.
| ||
|
Medical office, non-client-based
| ||||
|
Less than 4,000 sq. ft.
|
4/1,000 sq. ft.
|
0
| ||
|
4,000 to 15,000 sq. ft.
|
3/1,000 sq. ft.
|
0
| ||
|
Greater than 15,000 sq. ft.
|
2/1,000 sq. ft.
|
1/50,000 sq. ft.
| ||
|
Retail service site
| ||||
|
Less than 15,000 sq. ft.
|
6/1,000 sq. ft.
|
0
| ||
|
15,000 to 30,000 sq. ft.
|
5/1,000 sq. ft.
|
0
| ||
|
Greater than 30,000 sq. ft.
|
4/1,000 sq. ft.
|
1/50,000 sq. ft.
| ||
|
Restaurant/entertainment site
| ||||
|
Fixed seating: package food
|
15/1,000 sq. ft.
|
1/30,000 sq. ft.
| ||
|
Fixed seating: family dining
|
25/1,000 sq. ft.
|
1/30,000 sq. ft.
| ||
|
Open floor plan: flexible seating
|
35/1,000 sq. ft.
|
1/30,000 sq. ft.
| ||
|
Production site (manufacturing)
|
4/1,000 sq. ft.
|
1/30,000 sq. ft.
| ||
|
Storage site (warehousing)
|
0.5/1,000 sq. ft.
|
1/50,000 sq. ft.
| ||
|
Vehicular service site (see separate requirements
for vehicle queuing, storage and display)
| ||||
|
Entire site
|
5/acre
|
0
| ||
|
Incidental retail space (add parking)
|
6/1,000 sq. ft.
|
0
| ||
|
Open-space-related
| ||||
|
Active area
|
10/acre
|
0
| ||
|
Passive area
|
2/acre
|
0
| ||
|
Community support site
| ||||
|
Unstaffed site
|
1/lot
|
0
| ||
|
Staffed site
|
Subject to site plan review by Planning Board
| |||
|
Mixed uses
|
Cumulative total of required parking for each
primary use based on above schedule
| |||
[Amended 4-7-2008 by L.L. No. 4-2008]
A.
Intent. The purpose of this section is to define, promote, and regulate
signs that identify a business, service, or product in a manner that
provides for or promotes public safety and that are compatible with
and enhance their existing and planned surroundings. The appearance,
character and quality of a community are affected by the location,
size, construction and graphic design of its signs. Therefore, such
signs should convey their messages clearly and simply, and should
be aesthetically designed in a manner that is compatible with their
existing and planned surroundings.
B.
ADVERTISING SIGN
A-FRAME SIGN
ANIMATED SIGN
AWNING SIGN
BANNER SIGN
BILLBOARD
BUILDING IDENTIFICATION SIGN
BUSINESS SIGN
CANOPY SIGN
COMMUNITY/PERSONAL EVENT SIGN
CONTRACTOR SIGN (RESIDENTIAL, COMMERCIAL, NONRESIDENTIAL)
DIRECTORY SIGN
DISSOLVE
ELECTRONIC DISPLAY SCREEN
ELECTRONIC MESSAGE SIGN
FADE
FREESTANDING SIGN
GRAND OPENING SIGN
HOME OCCUPATION SIGN
INFORMATION SIGN
LANDSCAPING SIGN
MARQUEE SIGN
MENU BOARD SIGN
MONUMENT SIGN
NEIGHBORHOOD IDENTIFICATION SIGN
NONCONFORMING SIGN
NOW HIRING SIGN
OFFICIAL SIGN
OFF-PREMISES SIGN
OPEN HOUSE SIGN, RESIDENTIAL
POLE SIGN
POLITICAL SIGN
POLITICAL SUBDIVISION AND CIVIC SIGN
PRIVATE TRAFFIC SIGN
PROJECTING SIGN
PUBLIC SAFETY SIGN
PYLON SIGN
REAL ESTATE SIGN (RESIDENTIAL, COMMERCIAL, NONRESIDENTIAL)
REPRESENTATIONAL SIGN
ROOF SIGN
SANDWICH BOARD SIGN
SIGN
(1)
(2)
(a)
(b)
(c)
SIGN AREA
SIGN COPY CHANGES
SIGN DISPLAY SURFACE
SIGN FACING
SIGN HEIGHT
SIGN LETTERS AND DECORATIONS
SIGN MAINTENANCE
SIGN STRUCTURAL TRIM
SIGN STRUCTURE
SITE
SITE DEVELOPMENT SIGN
STATUARY SIGN
TEMPORARY SIGN
TIME AND/OR TEMPERATURE DEVICE
VEHICULAR SIGN
WALL SIGN
WINDOW DISPLAY SIGN
WINDOW SIGN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A sign, including those which are composed of light rays
only, calculated to attract public attention to a product, service
or undertaking encompassing activities off the property where such
signs are situated, including what are commonly termed "posters" or
"symbols," and similar devices of whatever composition, size, location
or color.
A temporary sign that remains moveable and self-supporting,
placed directly on the ground surface with two sides connected or
hinged at the top. Each side is capable of displaying sign text.
Any portion of a sign or attachments to a sign that move
by electronic, mechanical or natural means, including, by way of illustration
and not limitation, rotating signs, wind signs and signs where movement
is simulated by illumination devices, such as from flashing and intermittent
light, as opposed to light of a constant intensity. (See also "electronic
message board sign" and "electronic display screen.")
A major sign painted on, attached to or incorporated into
the surface materials of an awning on the front face (side parallel
to building facade) or the projecting awning sides. It may include
multiple sign text areas within the allowable sign area.
A temporary sign hung either with or without frames, possessing
written communication applied to nonrigid paper, plastic or fabric
of any kind.
A sign constructed or installed as a principal structure
or principal or secondary land use of a lot to display information
unrelated to the site location.
A sign identifying the street number and/or name of a structure.
A sign identifying and directing attention to a business
offering a commodity, service, industry or other activity which is
sold, offered or conducted. Such sign is to be located, pursuant to
this Code, directly on or at the business location, within the property
boundaries or within the leased area for multiple occupants. See "freestanding,"
"marquee," "projecting," "roof" and "wall signs," as defined by this
Code.
A major sign painted on, attached to or incorporated into
the surface materials of a canopy on the front face (side parallel
to building facade) or on the projecting canopy sides. It may include
multiple sign text areas within the allowable sign area.
A temporary sign announcing an activity or event on a specific
date and location; examples include garage sale, rummage sale, and
fund-raiser.
A temporary sign displaying the names and contact information
about businesses responsible for design and construction-related work
performed on the lot.
A minor sign displaying a list of occupants or tenants of
a building or lot commonly with some location (building or room number)
and/or graphic directional information. This sign type is distinct
from a major sign depicting multiple messages within the allowed sign
area.
A mode of message transition on electronic message signs
accompanied by varying the light intensity or pattern, where the first
message gradually appears to dissipate and lose legibility simultaneously
with the gradual appearance and legibility of the second message.
[Added 4-18-2016 by L.L.
No. 2-2016]
A device designed to display changeable text or imagery on
a video screen or comparable surface, installed within a permanent
sign structure occupying a portion of or the entire allotment of sign
area as allowed in this Code.
Any sign or portion of a sign that uses an electronic display
screen or changing lights to form a message or messages in text, symbols
or figures form, wherein the sequence of messages and the rate of
change is electronically or mechanically programmed and can be changed
by electronic or mechanical processes, by remote or automatic means.
[Amended 4-18-2016 by L.L. No. 2-2016]
A mode of message transition on electronic message signs
accompanied by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
[Added 4-18-2016 by L.L.
No. 2-2016]
A major sign within its own structure located directly on
the ground with its own foundation or structural support; and includes
monument, pole and pylon signs. It may include multiple sign text
areas within the allowable sign area.
An exterior wall sign, banner, or freestanding sign intended
for display for a limited period of time to advertise the opening
of a new business for which a certificate of occupancy permit has
been issued.
[Added 10-6-2008 by L.L. No. 7-2008]
See "business sign"; a sign used for the business use on
a residential property.
A minor sign which contains information intended exclusively
as a public service and of a noncommercial nature indicating such
facilities as rest rooms, public telephones, bus stops, rest areas
and on-site building identification signs.
A minor sign located on a section of ground constructed by
the arrangement of flowers, shrubs, trees or other similar natural
elements.
A major sign painted on, attached to or incorporated into
the surface materials of a marquee on the front face (side parallel
to building facade) or on the projecting marquee sides. It may include
multiple sign text areas within the allowable sign area.
A minor sign for the point-of-purchase advertising display
that allows the retailer to list products and prices, including order
confirmation display.
A style of freestanding sign constructed as a solid structure
or one which gives the appearance of a continuous, nonhollow, unbroken
mass that may display one side or two parallel sides of sign area;
may also be called "pedestal sign."
A sign identifying a neighborhood, residential tract, multifamily
development, apartment complex or similar neighborhood identification.
See "freestanding sign."
Signs legally established which do not conform to the regulations
herein.
A sign soliciting employees for the place of business where
posted and that does not contain any information other than that relating
to the solicitation of employees.
[Added 12-5-2011 by L.L. No. 3-2011]
A sign established pursuant to governmental authority or
used for the identification of public buildings, facilities and activities,
and shall include traffic regulation devices authorized by the Vehicle
and Traffic Law of the State of New York and any other sign authorized
and required under local, state or federal law.
A sign unrelated to the property upon which it is located.
(See also "billboard.")
A temporary sign announcing the availability of a residence
to be visited and examined by the public in order to promote a real
estate sale.
A style of freestanding sign, usually double-faced, mounted
on a pole(s), tube(s) or other vertical supports that are installed
directly within the ground and has no other connection or means of
stability for secondary support. See "freestanding sign."
A temporary sign installed in the ground or attached to a
building relating to the election of a person to a public office,
or relating to a political party, or relating to a matter to be voted
upon at an election called by a public body.
A minor sign; includes flag or pennant containing the insignia
or emblem of a political subdivision, nonprofit civic-oriented organization
or fraternal order.
A minor sign situated within private property providing information
for traffic movement and storage, such as directional signs, parking
areas, freight and loading areas, prohibited parking areas, points
of ingress and egress, speed limits and related items, but expressly
excluding off-street parking lot or garage identification signs.
A major sign which is affixed and is perpendicular to any
building wall or structure and extends beyond the building wall or
parts thereof, and no portion of which projects above the roofline
or parapet of a building. It may include multiple sign text areas
within the allowable sign area.
A minor sign containing information designed for the protection
and safety of the occupants or users of a site or the public about
aspects of the lot. Examples are warnings of danger areas, trespassing
notices, work areas, utility warnings, street elevators, sentry dogs,
security systems, safety warning devices and similar notices.
A style of freestanding sign in which the entire bottom of
the sign is generally in contact with or in close proximity to the
ground. See "freestanding sign."
A temporary sign indicating a specific lot or property is
for sale, rent or lease.
A three-dimensional sign built so as to physically represent
the object advertised.
A major sign placed partially or entirely above the upper
edge of any building wall or parapet or a sign painted, installed
or incorporated into the surface material of the roof covering; roof
signs shall also include signs located on the side or roof of a penthouse,
roof tank, roof shed, elevator housing or other roof structure. It
may include multiple sign text areas within the allowable sign area.
See "A-frame sign."
An accessory structure that is a natural object or part thereof,
device, or inscription, which is represented on any land or the outside
of any building used to attract attention to any object, product,
place, activity, person, institution, organization or business, or
which shall display or include any letter, words, numerals, emblems,
symbols, models, banners, flags, pennants, insignia, trademarks, devices
or representations used as, or which is in the nature of, an announcement,
direction, advertisement, attention-arrester, warning or designation
of any person, firm, group, organization, place, commodity, product,
service, business, profession, enterprise, industry or public performance.
All signs in this Code have been organized within the following
groups or categories in order to administer these sign regulations
in an effective and balanced manner while recognizing the similarities
and differences of sign structural type and general function.
MAJOR SIGNSPermanent structures or modifications to a structure or lot to direct information to the general public about the land use(s) of the lot. [See Subsection C(1)(a).]
MINOR SIGNSPermanent structures or modifications to a structure or lot to facilitate movement or activity within a lot.
TEMPORARY SIGNSNonpermanent signs allowed for limited duration; direct information to the general public.
The entire area within a single continuous perimeter enclosing the extreme limits or writing, representation, emblem, or any figure of similar character, as included in the definition of "sign," together with any frame or material or color forming an integral part of the display used to differentiate such sign from the background against which it is placed. Sign area calculation excludes the necessary supports or uprights on which such sign is situated. See also § 230-22E(3).
Change of copy on a sign, the customary use of which involves
frequent and periodic changes of copy such as those customarily associated
with theater marquees and bulletin boards.
The surface made available by the structure, either for the
direct mounting of letters and decoration or for the mounting of facing
material intended to carry the entire advertising message.
The surface of the sign upon, against or through which the
message of the sign is exhibited.
The vertical distance from the uppermost point of a sign
(measured from a ten-foot radius of the sign structure or structural
trim) to the average unaltered ground height beneath the sign and
within the structure thereof.
The letters, illustrations, symbols, figures, insignia, and
other devices employed to express and illustrate the message of the
sign.
Routine maintenance, including minor repairs, such as repainting,
bulb replacement and repair of electrical or mechanical parts.
The molding, battens, cappings, nailing strips, latticing,
and platforms which are attached to the sign structure.
The supports, uprights, bracing and framework of the sign.
For the purpose of electronic message signs, a "site" is
defined as a parcel of land wholly owned by an individual, partnership,
corporation or other legal entity encompassing the legal boundaries
of that parcel and shall also include any outparcels, even if such
outparcels were formed subsequent to the original approval.
[Added 4-18-2016 by L.L.
No. 2-2016]
See "contractor sign."
An inscription commemorating an event of unique historical,
social, cultural or geographical significance.
A sign installed and maintained pursuant to this Code, that
may be constructed of nonpermanent or disposable material, such as
cloth, plastic, paper, wood or similar products and which is intended
to inform of a time-sensitive event. Notwithstanding the materials,
temporary signs are subject to the time, location and maintenance
requirements of this Code.
A device providing information of the current time and/or
meteorological conditions.
A motor vehicle covered or decorated, modified to display
a sign as defined in this section.
A major sign which is painted upon or directly attached and
parallel to an exterior wall of a building. It may include multiple
sign text areas within the allowable sign area.
A sign situated beyond 12 inches of the interior of a window
face and forming an integral part of a window display.
A sign situated on the glazed surface of a window, not forming
an integral part of a window display.
C.
Sign standards and requirements. All signs are regulated by one of
the following three categories: major, minor and temporary signs.
In addition, all signs are subject to the general standards and procedures
described following this section.
(1)
Major sign standards. See Table A for specific sign requirements.[1]
(a)
Generally. Major signs are permanent, substantial yet accessory
structures designed, sized and located to present information to the
general public about the business or operation of the principal land
use located on the property.
[1]
The types of signs considered to be major signs are included
in the accompanying table.[2]
[2]
Editor's Note: Said table is Table A, which is included at the end of this chapter.
[2]
Table A requirements are premised and intended to be a balance
between maximizing commercial/property needs of the lot with community
objectives of preserving safety of vehicular and pedestrian movements,
minimizing visual clutter, and encouraging well-conceived community
design and aesthetics.
[3]
The sign requirements apply to all land uses and structures
allowed in each zone district; it shall include all zone districts
within a district group unless a zone district or exception is specifically
listed.
(b)
Approval method, numerical and other requirements are subject
to Table A requirements.
(c)
Special permit uses. The Planning Board shall issue a special
permit for the use of an electronic message sign prior to the issuance
of any building permits.
[Added 4-18-2016 by L.L.
No. 2-2016]
[1]
Electronic message sign.
[a]
Specific requirements:
[i]
Permitted zones or uses. Electronic message signs
shall be permitted only in the RC-1, HC-1, NC-1, LuC-1, LuC-2 and
REC-1 Zoning Districts as shown on the Town's Zoning Map and for use
by emergency vehicle stations, religious institutions, and Community
Center as defined in the Zoning Code.
[Amended 1-4-2017 by L.L.
No. 1-2017; 4-15-2019 by L.L. No. 1-2019; 6-20-2023 by L.L. No. 1-2023; 2-5-2024 by L.L. No. 1-2024]
[ii]
Only one electronic message sign per site allowed.
[iii]
Electronic message signs are accessory structures,
allowed only as freestanding signs and not as wall, projecting, roof,
awning, marquee or canopy signs.
[iv]
Minimum hold time of any message shall be 10 seconds.
[v]
No audio or sound-producing devices shall be installed
on any message board.
[vi]
Electronic message signs shall have static display
with "fade" or "dissolve" transitions, or similar subtle transitions
and frame effects that do not have the appearance of moving text or
images, but which may otherwise not have movement, or the appearance
of optical illusion of movement, of any part of the sign structure,
design, or pictorial segment of the sign, including the movement of
any illumination or the flashing, scintillating or varying of light
intensity.
[vii]
All electronic message signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the electronic message sign lighting level at night into compliance with Chapter 140 of the Town Code.
[viii]
Full animation, flashing and video are prohibited.
[1]
Editor's Note: Table A is included at the end of this chapter.
(2)
Minor sign standards.
(a)
Generally. Minor signs are permanent accessory structures designed,
sized and located to present limited information to the users, visitors,
or occupants within a lot. Such signs shall be installed for limited
navigation and safety, directory or other purposes related to the
internal operation on the property and are regulated pursuant to the
following requirements. These requirements shall be applied to promote
the safe and effective use of the property in manner and design that
enhances the appearance of the lot and surrounding properties.
(b)
Approval method. All minor signs shall be subject to approval
during the review required for the principal use or structure and
shall be within the jurisdiction of the applicable reviewing board
(Town Board, Planning Board, Zoning Board of Appeals). These boards
may as a condition of approval direct the Commissioner of Planning
and Development to finalize and adjust details of design and location
of all minor signs within the parameters of the approved plan.
(c)
Types of minor signs. The following are recognized as minor
signs subject to this section: private traffic, public safety, information,
directory, menu and statuary signs.
(d)
The size of minor signs should not exceed four square feet and
may be adjusted by the reviewing board for enhancing sign purpose,
the site conditions, and/or the activity of the internal user (driver
or pedestrian, customer, visitor or employee).
(e)
Number of minor signs: minimal number to accomplish sign purpose,
the site conditions and activity of the internal user.
(f)
Location of minor signs: located to maximize the internal operation
of the lot and away from the public or private right-of-way and from
adjoining properties.
(3)
Temporary sign standards.
(a)
Generally. Temporary signs are nonpermanent accessory structures
designed and installed to present time-limited information to the
public that may be of a commercial or noncommercial nature. The following
requirements have been established to allow for the broadest opportunities
for expression while preserving public safety and the aesthetic qualities
of community appearance.
(b)
Contact information. All temporary signs shall have local contact
information, either printed on or attached to some portion of the
sign itself, or, as an alternative, the placement of temporary signs
shall be recorded with the Commissioner of Planning and Development.
This local contact shall be the person, agency or enterprise responsible
for proper installation, care and the prompt removal of temporary
signs. Signs lacking printed contact information or the alternative
of recording with the Commissioner may be removed by the Town.
(c)
Approval method. No prior approval is required for signs less
than 16 square feet. Signs greater than 16 square feet shall be reviewed
by the Commissioner of Planning and Development to ensure that the
proposed location does not impede pedestrian or vehicular movements,
is fully and adequately secured to the ground or structure and meets
all applicable safety standards.
(d)
Location of temporary signs. No temporary sign shall be placed
within any public right-of-way (ROW). All temporary signs shall be
located within the boundaries of a private lot upon permission of
the property owner if located on a lot unrelated to event. See also
general prohibitions and requirements for corner lots.[3]
(e)
Installation, maintenance and removal of temporary signs. All
temporary signs shall be installed in a manner consistent with these
regulations. Any damaged, dislodged or deteriorated temporary sign
shall be immediately removed. Temporary signs shall be removed within
the time period allotted for each type of temporary sign.
(f)
Types of temporary signs.
[1]
Long-duration temporary signs include signs related to real
estate and construction activity on a specific property displayed
during the sales or construction period.
[a]
Commercial/nonresidential use real estate sales
sign. A maximum of three signs per lot shall be permitted. No sign
shall exceed 16 square feet in area on frontages of 100 feet or less.
Signs on frontages greater than 100 feet shall not exceed 32 square
feet. On corner properties, if either frontage does not exceed 200
feet, only one such sign shall be allowed on the lot. If the lot exceeds
200 feet in frontage in both directions one sign shall be allowed
on each road frontage of the lot. These signs shall be removed from
the sales lot within 48 hours of the passing of title to a new owner
or withdrawal from the market.
[b]
Residential real estate sales sign. A maximum of
one sign per lot shall be permitted. The sign shall not exceed four
square feet in area, and it shall be removed from the sales property
within 48 hours of the passing of title to a new owner or withdrawal
from the market.
[c]
Commercial/nonresidential contractor sign. A maximum
of one sign per street frontage shall be permitted. The sign shall
not exceed 32 square feet in area. In residential subdivisions, the
sign may be placed at the inception of the filed section of the project
and may only be located at major entrances to the subdivision and
be maintained within a period commencing not more than 14 days prior
to the start of construction of the section and terminating not more
than 14 days following completion of the filed section or after three
years after the start of construction.
[d]
Residential contractor sign. A maximum of one sign
per lot shall be permitted. The sign shall not exceed four square
feet in area. The sign shall be removed within 48 hours of completion
or cessation of work on the lot.
[2]
Short-duration temporary signs include signs related to the
occurrence of a specific event or related to a date-certain activity.
[a]
Residential open house real estate sign. A maximum
of three signs per event are permitted only during the hours of the
sales event. No sign shall exceed four square feet in area. The signs
may be located on any property with prior permission of the owner
or tenant.
[b]
Community/personal event sign. These signs may
be installed a maximum of three times per year for a maximum of 14
days prior to the each event and shall be removed within 48 hours
of conclusion of the event. No sign shall exceed four square feet
in area. One sign per lot may be located on any property with prior
permission of the owner or tenant.
[c]
Political sign. These signs may be installed a
maximum of two times per year for a maximum of 60 days prior to each
event and shall be removed within 48 hours of the conclusion of the
event. No sign shall exceed 32 square feet in area in any zone district
and in the Residential Districts no sign shall exceed six square feet
in area. These signs may be located on any property with prior permission
of the owner.
[d]
Grand opening. These signs may be installed for
a maximum of four weeks, either prior to, during, or after the event.
No sign shall exceed 32 square feet in area in any zone district.
[Added 10-6-2008 by L.L. No. 7-2008]
[e]
Now hiring sign. These signs may be installed for a maximum
of 60 days. No sign shall exceed 32 square feet.
[Added 12-5-2011 by L.L. No. 3-2011]
D.
Procedures for obtaining a sign approval.
(1)
Generally. Unless exempted by this section or waived by the reviewing
board all signs shall be evaluated during site plan review or special
permit review when required by this Zoning Chapter for the principal
use or structure. When no other review is required for the principal
use or structure, the Planning Board shall review proposed signs pursuant
to the requirements of Table A. All major and minor signs shall be
subject to a building permit prior to the performance of any sign
work. Such permits shall be issued by the Commissioner of Planning
and Development in accordance with the conditions of the reviewing
board approval.
(2)
Referrals. The Town Board and Zoning Board of Appeals shall refer
to the Planning Board all proposals that are accompanied by freestanding
sign requests in a special permit or variance applications before
those boards.
(4)
Prerequisites to issuance of approval or permits. As a prerequisite
to the issuance of any permit, in addition to any other restrictions
applicable thereto, the following findings shall be made:
(a)
The proposed sign is not in conflict with the general prohibitions contained in Subsection E of this section, the provisions of which may not be waived, and complies with all other applicable provisions.
(b)
The proposed sign will not have any adverse impact upon the
character or integrity of any land use having unique cultural, historical,
geographical, architectural or other significance.
E.
Construction and design standards.
(1)
Design standards. The following design standards are provided to
encourage and direct appropriate and compatible graphic design, material,
colors, illumination and placement of proposed signs. In general,
sign design shall be consistent with the purpose and intent of this
chapter.
(a)
Signs should be designed to be compatible with their existing
and planned surroundings and should be consistent with the architectural
character of the buildings on which they are located.
(b)
Sign panels and graphics should relate to and not obstruct architectural
features or details and should be in proportion to them.
(c)
Layout should be orderly and graphics concise.
(d)
Illumination should be appropriate to the character of the sign and its surroundings and shall be in accordance with § 230-22E(2)(g) of this chapter.
(e)
All illuminated signs shall meet Underwriters Laboratories (UL)
rating standards.
(f)
The addition of a street address on freestanding signs shall
be required unless otherwise determined by the Planning Board.
(2)
General prohibitions and requirements. The following regulations shall be applicable to all signs, except official signs, as defined in Subsection B, are exempt from the provisions of this section.
(a)
Signs are accessory structures. Only signs that are accessory
structures as defined in this Code shall be permitted pursuant to
the requirements of this section. No sign shall be installed or used
as a principal structure or principal or secondary use. Unless otherwise
permitted, no sign shall be unrelated to the property upon which it
is located.
(b)
Maintenance, care and public safety. No sign shall be maintained
that, due to its condition, location, materials or method of installation,
poses a risk of littering or public safety, as determined by the Commissioner
of Planning and Development.
(c)
Obstructions. No sign shall obstruct by physical or visual means
any fire escape, window, door or any opening providing ingress or
egress or designed for fire or safety equipment; any passageway from
one part of a structure or roof to another portions thereof; or any
opening required for ventilation, or which is required to remain unobstructed
by any applicable law.
(e)
Placement. No sign shall be placed upon or attached to any public
right-of-way, utility pole, lamppost, water or fire hydrant, sidewalk,
bridge, tree or similar installation or improvement, whether situated
upon public or private property.
(f)
Signs which by their use or simulation of colors, design or
placement, tend to confuse, detract from or in any manner obstruct
the utilization of traffic regulatory devices are prohibited. All
determinations of this type shall be made by the enforcement officer,
who shall consider, but not be limited to, the following aspects of
such signs:
[1]
The use of words such as "stop," "go," "look," "caution," "danger,"
"warning" and similar nomenclature.
[2]
The use of colors and lights in the spectrum of colors utilized
for traffic regulatory devices.
[3]
All blinking, intermittent, flashing, or other animated forms
of illumination or light, and all sources of illumination which, through
direct or indirect means, create glare.
(g)
Illumination. No sign shall produce illumination in excess of
one footcandle at a distance of four feet.
(h)
Corner visibility. On a corner lot within the areas formed by
right-of-way lines of intersecting streets and a line joining points
on such right-of-way lines at a distance of 25 feet from their intersection,
no sign shall project into the elevation between a height of 2 1/2
feet and a height of 10 feet above the grade of each street at the
centerline thereof.
(i)
Vehicular signs; signs on motor vehicles.
[1]
All commercial vehicles related to a business or enterprise
shall be stored or parked in locations approved during site plan review,
special permit or variance approval.
[2]
No person shall park any vehicle or trailer on a public right-of-way/public
property/private property so as to be intended to be viewed from a
vehicular public right-of-way, which has for its basic purpose the
providing of advertisement of products/services or directing people
to a business or activity located on the same property or any other
premises, and in a manner such that the motor vehicle functions as
a sign.
[3]
This section is not intended to prohibit any form of vehicular
signage, such as a sign attached to a bus or lettered on a motor vehicle
or signs that are part of a vehicle, such as a construction trailer,
whose primary purpose is not advertising to the public.
(j)
Prohibited signs. The Town having considered and observed its
overall community objectives, its physical and administrative resources,
the visual and physical character of the community, the variety of
communication opportunities for lots and land uses, and the negative
visual, aesthetic and physical impact of certain types of signs declare
that the following are prohibited types of signs:
(3)
Computation of sign area.
(a)
The area of the sign support should be in relationship to the
area of overall dimension of the signage with approval of the reviewing
board.
(b)
The area of a sign is the entire area within a single continuous
perimeter enclosing the extreme limits of writing, representation,
emblem, or any figure of similar character, as included in the definition
of sign, together with any frame or material or color forming an integral
part of the display used to differentiate such sign from the background
against which it is placed, excluding the necessary supports or uprights
on which such sign is situated.
(c)
When a wall sign consists of individual letters, symbols or
characters, its area shall be computed as the area of the smallest
rectangle, which encloses all of the letters, symbols and characters.
(d)
When a sign consists of two or more faces, only one face of
the sign shall be used in computing the sign area if the faces are
parallel to and within 12 inches of each other. Otherwise, all faces
of the sign shall be used to compute the sign area.
(e)
The allowed area of a three-dimensional representational sign
shall be determined by the Town of Clay Planning Board.
F.
Sign maintenance. The Commissioner shall order the removal of any
sign (major, minor or temporary) that is not kept in good repair and
a proper state of preservation. In making such determination, the
Commissioner shall consider, but need not be limited to, the following
elements: defective lighting; broken, loose or missing parts; fading,
flaking or blistering paint; illegibility; or any condition which
may constitute a littering or safety hazard.
G.
Signs for lots with nonconforming use, lot or structure. Signs for
properties that may be nonconforming lots or have a nonconforming
use or structure shall be subject to a special permit from the Planning
Board. Any proposed sign shall conform to the sign standards currently
applicable to the property based on its zoning classification. In
reviewing a sign proposal the Planning Board may consider the nature
of the nonconformities as well the nature of the current zoning and
surrounding land development pattern. It may modify, but not exceed,
the current sign standards to have any proposed sign fit compatibly
within the site.
H.
Nonconforming signs. Intent: This section is intended to encourage the eventual elimination of signs which do not comply with § 230-22, Signs, of the Town of Clay Zoning Chapter. The elimination of nonconforming signs is important to the intent as stated in § 230-22A.
(1)
Any sign which on April 7, 2008, the date of adoption of this subsection,
does not conform to the provisions of this chapter shall be considered
a legal nonconforming sign and shall be permitted, provided that when
originally installed, it was in compliance with all applicable codes,
ordinances, and regulations which were in effect.
(2)
Sign faces may be changed on nonconforming signs when there is no
change to the primary use of the site or when only a portion of a
multiple-tenant sign is being changed.
(3)
If a business leaves its premises, the owner of the property/building
shall be responsible for the removal of any business sign from said
premises within 60 days.
(4)
A nonconforming sign may be continued and shall be maintained in
good condition as required by this chapter but it shall not be:
(5)
All nonconforming signs shall be terminated or brought into compliance
by December 31, 2018.
I.
Abandoned signs.
(1)
Determination. The Commissioner shall order the removal of any sign
which has become abandoned. In making such determination, the Commissioner
shall consider, but need not to be limited to, the following elements:
(a)
Period of nonuse of the activity, product, service or other
item relative to the message content of the sign, provided that where
business activity has been discontinued for a period of 90 days, the
sign shall be presumed to have become abandoned, unless the owners,
beneficial user, or other party in interest files a written certification
with the enforcement officer indicating that such business activity
(including its appurtenances) is to be reactivated within 30 days
following such ninety-day period.
(b)
The sign is situated upon or incidental to a site which has
been scheduled for demolition and it appears that the activity, product,
service or other item relative is no longer viable irrespective of
the lapse of time.
(c)
The sign is otherwise nonconforming or illegal, and the owner
or beneficial user cannot with reasonable diligence be located.
(2)
Removal of signs. Any abandoned or illegal sign existing after December
31, 2008, shall be removed by the owner of the premises upon which
such sign is located after written notice as provided herein. Upon
removal of any wall sign (including signs painted on walls), the surface
area of the facade shall, within 30 days of removal, be restored to
a condition substantially equivalent to the remaining portion of the
facade in appearance. The enforcement officer, upon determining that
any such sign exists, shall, upon expiration of the continuance period
or such other time limit which may be provided for, notify the owner
or beneficial user of such sign, in writing, to remove the sign within
30 days from the date of such notice. Upon failure to comply with
such notice within the prescribed time, the enforcement officer shall
remove or cause removal of such sign and shall assess all costs and
expenses incurred in the removal against the property on which such
sign is located.
This section describes procedures and standards
for how preexisting standards are reconciled with the current code.
Any legally established principal or accessory use, structure, improvement
or lot not in compliance with the provisions of this code or subsequent
amendments shall be regarded as a nonconforming element subject to
the provisions of this section. It is the intent of this section to
discourage the long-term continuation of any nonconforming elements.
This section is also intended to allow for the reasonable and limited
continuation and modification of nonconforming elements since it is
not always feasible for nonconforming elements to immediately cease
existing.
A.
Authority. Any modification of a nonconformity, including
any addition, enlargement, alteration, structural alteration or change
in use shall be subject to the provisions of this section.
B.
NONCONFORMING ELEMENT
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONCOMPLYING
Definitions.
Any other aspect of a development, such as parking, signs
or similar standards that were legally preexisting to the current
code requirements.
A parcel of land legally established pursuant to the Town's
subdivision regulations, but does not meet the current dimensional
requirements for lot width, depth or area, if any, of the applicable
zone district regulations.
A legally preexisting principal or accessory structure that
does not comply with applicable yard, setback, height, lot coverage
or similar dimensional requirements.
A legally preexisting activity or land use occurring on or
associated with a structure or site and is not permitted by building
or zoning permit, site plan review or a special permit approval in
the applicable zone district. A nonconforming use may be found to
occur in conforming structures. A nonconforming use must be discontinued
before the property can be used for a conforming use.
[Amended 6-5-2006 by L.L. No. 5-2006]
Any use, structure, lot or other element improperly established
or illegally existing prior to the enactment of this code or subsequent
amendments.
C.
Nonconforming structure requirements.
(1)
General maintenance and repair. Except as otherwise
provided for in this section, nonconforming structures may continue
to exist and to be maintained and repaired, provided such maintenance
or repair does not expand or increase the applicable nonconformity.
(2)
Structural alterations, renovations and additions.
Modifications to a nonconforming structure may be made upon issuance
of a building permit. In no event shall these modifications increase
or expand the degree of the structure's nonconformity, nor expand
a nonconforming use without a properly issued variance from the Zoning
Board of Appeals.
(3)
Damaged structures. Should a nonconforming structure
or a nonconforming portion of a structure be destroyed by any means
to an extent of more than 75% of its replacement cost at time of destruction,
it shall not be reconstructed except to the exact or more conforming
dimensions as it existed on the date of destruction. This reconstruction
shall be commenced and completed with due diligence. If, however,
a place of residence of a citizen of the Town of Clay is destroyed
by accidental fire, hurricane, tornado or other act of God, said homeowner
may rebuild the residence to the original type and size of structure
or may rebuild or replace it with a superior type of construction.
D.
Nonconforming use requirements.
(1)
Except as otherwise provided in this section, nonconforming
uses may continue to exist.
(2)
A nonconforming use may not be enlarged to occupy
additional floor area within an existing structure or additional lot
space, nor be converted to another use, except in conformance with
this code. Any such proposed modification or enlargement of a nonconforming
use shall be subject to approval of a use variance from the Zoning
Board of Appeals.
(3)
A nonconforming use may be changed to another nonconforming
use only upon issuance of a special permit by the Zoning Board of
Appeals. The Board shall evaluate the appropriateness of the proposed
nonconforming use to the zone district and shall find that it will
not have a greater impact on surrounding properties than the existing
nonconforming use. In its determination, the Zoning Board of Appeals
may consider parking demand, pedestrian and traffic volume, intensity
of use, hours of activity, noise levels and any other factors considered
relevant.
(4)
A nonconforming use, if changed to a conforming use,
shall not thereafter be changed back to a nonconforming use.
(5)
The provisions of § 230-23C(3) above, regarding repair and restoration of damaged structures, shall apply to conforming structures containing a nonconforming use.
(6)
Any previously established permitted use now subject
to the site plan review or special permit requirements of this code
shall be regarded as nonconforming if it does not comply with the
current site plan review or special permit standards and criteria.
(7)
The nonconforming use of a structure or land which
has ceased operation for six months shall be deemed abandoned and
may not be reestablished. The six-month period will commence upon
written notification by the Commissioner to the property owner. During
this six-month period, the owner may request a time extension from
the Zoning Board of Appeals in order to continue the nonconforming
status. The Zoning Board of Appeals may extend the six-month period
with a maximum additional 24 months upon finding that the nonconforming
use occupies a structure uniquely designed to its use or that the
additional needed time is reasonable and appropriate for the circumstances
of the property. If the original or extended period has expired without
an approved continuation of the nonconforming status, then the structure
or land shall be used in conformity with this code.
(8)
An
owner of a single-family dwelling erected prior to the effective date
of this resolution[1] shall be permitted to enlarge or structurally alter such
dwelling to provide additional enclosed space for living or garage
purposes, provided, however, no front, side or rear yard encroachment
shall be further expanded.
[Added 12-16-2019 by L.L.
No. 2-2020]
[1]
Editor's Note: "This resolution" refers to L.L. No. 2-2020,
adopted 12-16-2019.
E.
Nonconforming lot requirements.
(1)
Lots established without Town subdivision approval
are considered legal if they were filed and recorded in the Office
of the Onondaga County Clerk prior to January 1, 1985, and conformed
to the zoning requirements in effect at the time of filing.
(2)
Limited waiver. A nonconforming lot in any district
may be improved with a permitted, site plan review or special permit
use if all applicable setbacks, yards, dimensional, parking, and/or
screening requirements are met.
F.
Nonconforming elements; other requirements. The Commissioner
may determine that other permanent and/or physical aspects of a property,
such as accessory elements, are subject to the regulations and protections
of this section. Unless specified below, they shall be subject to
requirements applicable to the most similar type of nonconformity.
