A.
Number of accessory buildings. There shall be not more than three
accessory buildings on each lot used for residential purposes.
B.
Height. Maximum height of accessory building shall be not more than
25 feet, unless otherwise prescribed or allowed by this chapter.
C.
Location of detached accessory buildings in residence districts.
Accessory buildings which are not attached to a principal building
may be erected within the rear yard in accordance with the following
requirements unless otherwise prescribed in this chapter:
(1)
For garage, tool shed, or similar storage, such structures shall
be located no closer than six feet from side or rear line, except
when abutting a road or alley, then the setback shall be 12 feet.
(2)
For poultry house, rabbit, hutch, kennel or other type of shelters
for domestic animals exclusive of horses, ponies and livestock, such
structures shall be located no closer than 50 feet from any lot line.
(3)
For stables and shelter of horses, ponies, and other livestock, such
structures shall be located no closer than 100 feet from any lot line.
(4)
Detached accessory structures located within side yards on the street
side of a corner lot shall not exceed such setbacks established for
the principal building.
(5)
No detached building shall be closer than 10 feet to the principal
building or another accessory building.
D.
Attached accessory buildings in residence districts. An accessory
building attached to the principal building in a residential district
shall comply with the requirements of this chapter applicable to the
principal building.
E.
Accessory buildings in commercial or manufacturing district. Non-dwelling-unit
accessory buildings shall comply with front and side yard requirements
for the principal building to which they are accessory and shall be
not be closer to any rear property line than 20 feet.
A.
Purpose. Accessory dwelling units are allowed in the Town to achieve
the following purposes:
(1)
Provide a mix of housing that responds to changing family needs and
smaller households;
(2)
Provide a means for residents, particularly seniors, single parents,
and families with grown children, to remain in their homes and neighborhoods;
(3)
Provide a broader range of accessible and affordable housing;
(4)
Allow accessory dwelling units while respecting the look and scale
of single-family dwelling neighborhoods;
(5)
Increase the range and availability of housing options of existing
neighborhoods in a manner that is less intense than other development
alternatives;
(6)
Allow more efficient use of existing housing and public infrastructure;
and
(7)
To provide housing that is modified and developed in accordance with
applicable local, state, and federal building codes.
B.
Ownership. Either the primary residence or accessory dwelling shall
be owner-occupied. Alternatively, the owner may designate a family
member as a resident caretaker of the principal house and manage the
accessory dwelling.
C.
Sufficient public health facilities. No accessory dwelling unit shall
be deemed fit for occupancy by the Town until the owner has demonstrated
water supply and sewage disposal facilities are adequate for the projected
number of residents. Additionally, the owner shall acquire all required
approvals from the New York State Department of Health.
D.
Acreage requirements and creation of. Unless otherwise specified
herein, the lot on which an accessory dwelling is located shall meet
the minimum lot size requirements of the zoning district in which
the accessory dwelling is located. Such minimum lot size requirement
shall be satisfied in addition to the minimum lot size required for
the primary dwelling. An accessory dwelling unit shall only be created
through the following methods:
F.
Number of units. Where permitted to occur, a maximum of one accessory
dwelling unit per lot is allowed.
G.
Floor area. The floor area of an accessory dwelling shall not exceed
750 square feet or one-third of the floor area of the primary dwelling,
whichever is less.
H.
Design standards. The design standards for accessory dwelling units
are enumerated below and shall be considered minimum requirements.
Applicable standards from the underlying zoning district shall also
apply. All accessory dwelling units shall meet the following:
(1)
Detached accessory dwellings, newly constructed.
(a)
Setbacks. Accessory dwellings constructed in an R-1, R-2 or
RPO residential district shall be placed no closer to the street than
15 feet behind the plane of the facade of the principal dwelling.
Detached accessory dwellings in all other zoning districts shall either
be recessed behind, or flush with, the front elevation of the principal
dwelling.
(b)
Height. The building height of the detached accessory dwelling
shall not exceed the height of the primary dwelling.
(c)
Other setbacks. All applicable setbacks for the zoning district
in which the accessory unit is proposed shall apply likewise for detached
accessory dwellings.
(d)
Building orientation. The orientation of the proposed accessory
dwelling units shall, to the maximum extent practical, maintain the
privacy of residents in adjoining dwellings as determined by the character
of the surrounding neighborhood, including landscape screening, fencing,
and window and door placement.
(e)
Exterior design. Exterior finishing materials, roof pitch, eaves,
trim, doors, and windows of accessory dwellings shall be similar in
kind, style, and proportion to the principal dwelling.
(2)
Parking. The owner shall demonstrate that sufficient and suitable
space is available for one additional vehicle. Parking shall be located
on the street, where lawful, on a driveway, or to the rear or side
of the accessory dwelling unit. Existing side yards shall not be used
to demonstrate the availability of parking in R-1, R-2, and R-3 Residential
Districts. In no zoning district shall a front yard be used to demonstrate
the availability of parking.
(3)
Buffering. Where a detached accessory dwelling is within 20 feet
of a lot line, a minimum six-foot high hedge or fence between the
detached accessory dwelling and the lot line shall be required to
abate noise, light, and other disturbances arising from residential
occupancy.
(4)
Primary entrance for attached accessory dwelling unit. The primary
dwelling unit and accessory dwelling unit shall have separate outdoor
entrances. No more than one entrance shall be readily visible from
the street.
I.
No subdivision of land. No detached accessory dwelling shall be subdivided
from portions of the parcel where the principal dwelling unit is located,
if such subdivision results in a lot or residence that fails to meet
applicable minimum bulk requirements in the zoning districts.
J.
Unlawful accessory dwelling units. Any existing unlawful accessory
dwelling unit will not be subject to any enforcement action if an
application to legalize the accessory dwelling is submitted within
12 months of the adoption of this section.
In addition to this section, refer to Appendix A Allowable Use
Table for information on which zoning districts animal husbandry is
permitted and what approvals are required.
A.
Animal husbandry. All animals shall be properly fenced. The following
standards shall be additionally met in conducting animal husbandry:
(1)
Noncommercial gardens. Noncommercial gardens associated with a principle
residential use and that are not used for commercial purposes are
allowed in all zoning districts.
(2)
Number allowed. The keeping, breeding and raising of livestock and
other animals shall be permitted on lots equal to or greater than
two acres but less than or equal to 10 acres, provided that the provisions
of this section are met. This section shall not prevent the keeping
of ordinary household pets such as dogs and cats capable of being
housed in a residence. Keeping of livestock or animals that would
fall under 6 NYCRR 180.1, Wildlife Dangerous to Health or Welfare,
shall require a special use permit.
(a)
The following requirements and figures for animals shall be
observed:
[1]
Dairy and beef cows, horses, and other domestic animals of similar
size shall be limited to one animal for the first two acres, plus
one animal for each additional acre up to 10 acres. The keeping of
five or more of these animals shall require a special use permit,
as provided in this chapter.
[2]
In the R-1 Zone, the keeping of equine shall require a special
use permit and a minimum of seven contiguous acres. Stables and areas
designated for the storage of manure and shall be setback a minimum
of 200 feet from any side yard lot line and 300 feet from any front
yard lot line.
[3]
Sheep, goats, swine and other domestic animals of similar size
shall be limited to one animal for the first two acres and one animal
for each additional 0.5 acres up to 10 acres.
[a]
Sheep, goats, swine and other domestic animals
of similar size shall not be allowed in R-1 Zone.
[4]
Poultry (hens only), rabbits, and other domesticated animals
of a similar size shall be limited to a maximum of 50 animals for
acreages less than five contiguous acres.
(b)
Larger lots exempt from certain conditions. The keeping, breeding and raising of livestock, poultry and similar animals shall be permitted on lots greater than 10 acres and shall not be subject to the requirements of Subsection A(2) above.
(c)
Manure and other nuisances. The storage of manure or other odor-
or dust-producing substances shall be adequately screened from the
view of adjacent properties and located not less than 100 feet from
any lot lines unless required differently above.
(d)
Setbacks of shelters and stables. Unless otherwise stated in
this section, barns and structures for the housing of livestock shall
conform to the setback provisions required for accessory structures.
Poultry, rabbits and other animals of similar size shall be housed
in structures that shall be set back the minimum distance required
for accessory structures.
(e)
Lots less than two acres. The keeping of livestock on lots less
than two acres may be approved by special use permit by the Planning
Board.
B.
Buffers. Wherever animal husbandry uses abut residential uses in
nonagricultural zoning districts, buffers shall be provided to reduce
the exposure of these abutting residential uses to odors, noise, and
other potential nuisances related to the animal husbandry use. Provision
of buffers shall be the responsibility of the applicant. Such buffers
may consist of vegetative screening, woodlands, vegetated berms, or
natural topographic features and shall be of such width as to reasonably
minimize the potential for nuisances.
A.
Prohibition of mobile homes.
(1)
No mobile home shall be parked or allowed to remain upon any street,
highway or other public place, except that emergency stopping or parking,
when caused by mechanical failure, shall be permitted upon the shoulder
of any street or highway for a period of not more than 72 hours, subject,
however, to any prohibition or limitation imposed by other regulations
or laws.
B.
Multisection manufactured home. A double-wide (or larger) manufactured
home can be erected in a residential zone, provided it is erected
on a permanent foundation which has its footing at least four feet
below grade. The foundation wall must be masonry block or poured cement
and may be a full cellar or frost wall in configuration. The foundation
wall must extend to the underside of the perimeter of the home on
all sides. The structure must be supported in accordance with manufacturer's
insulation instructions, and all supporting members must have footings
at least four feet below grade. All wheels, axles, road gear and tongue
must be removed during installation.
C.
Mobile home permits. A mobile home permit is required for occupation
or parking of a mobile home on individual lots outside of mobile home
parks. (Refer to the Use Table in Appendix A of this chapter for the
zoning districts where mobile homes are permitted outside of mobile
home parks and the type of approval(s) required in addition to the
mobile home permit discussed in this subsection). The permit shall
be issued by the Town Code Enforcement Officer upon submission of
an application and any fees, as duly established by the Town.
D.
Property maintenance. Each stand or lot shall be maintained in an
orderly manner. The use of a storage shed on each stand or lot shall
be used for the storage of equipment and other personal property,
which may otherwise be construed as junk as defined in this chapter.
E.
Mobile home requirements.
(1)
The mobile home is to be provided with potable water and a sewage
disposal system designed according to NYS Department of Health Regulations
and any other regulating agencies. (See Code Enforcement Officer for
details).
(2)
No occupied mobile home outside a duly permitted mobile home park
shall be parked or placed nearer to a lot line than stated in the
yard requirements as established for each zoning district.
(3)
Not more than one occupied mobile home shall be placed or parked
on any parcel of land which is located outside a licensed mobile home
park.
(5)
No entryway or other addition may be constructed without a building
permit.
(6)
Mobile homes heated with oil and/or other fuel supplies shall have
a conventional tank erected and enclosed in a sightly manner. Barrels
are not permitted.
F.
Existing mobile homes. A mobile home lawfully in existence prior
to the enactment of this article but not located in a mobile home
park or zoning district that permits mobile homes may be continued
to be used as living quarters provided it meets the requirements of
this chapter, including the securing of a permit.
(1)
The owner of record for the parcel on which the mobile home is situated
shall adhere to all applicable state and local requirements for sanitation,
sewerage, tidiness, and public health, safety, and welfare as they
pertain to the residential occupancy of permitted mobile homes not
located in a mobile home park.
G.
Revocation of permits.
(1)
Written order. If the Code Enforcement Officer finds that any mobile
home located outside a licensed mobile home park is not being maintained
in accordance with the provisions of the applicable articles of this
chapter, the Code Enforcement Officer may serve a written order upon
the owner of the premises, directing that the condition or conditions
therein specified be remedied within 30 days after the date of service
of the order.
(2)
Correction of violations. If such condition or conditions are not
corrected within the 30 days, the Code Enforcement Officer may revoke
such permit. Upon revocation of the permit, the mobile home shall
be removed from the premises within 10 days.
A.
Intent. By adoption of this chapter, the Town of Johnstown declares
its intent to regulate and control the storage or keeping of junk
and rubbish on both residential and commercial properties. The Town
Board hereby declares that a clean and attractive environment is of
vital importance to the continued welfare of its citizens, and that
junk/rubbish can constitute a hazard to property, persons, and water
resources, and can be a public nuisance. The presence of junk/rubbish
is unsightly and tends to detract from the value of surrounding properties.
The purpose of this chapter is to further:
(1)
Avoid, prevent and eliminate conditions, which if allowed to exist
or continue will depreciate or tend to depreciate the value of adjacent
or surrounding properties;
(2)
Preserve property values in the Town of Johnstown; and
(3)
Maintain the value and economic health of the commercial properties;
and businesses that serve and support the Town of Johnstown and its
citizens.
B.
JUNK
(1)
(2)
(3)
(4)
(5)
(6)
NUISANCE
RUBBISH
STORAGE AREA
Definitions. The use of the following terms as used in this section
shall have the meanings established in this subpart. Any such terms
used in the singular shall be held to include the plural. Any such
terms or any other terms not defined in this section used in the masculine
shall be held to include the feminine.
The outdoor abandonment, discarding, storage or deposition
of materials inclusive of, but not limited to, the following shall
constitute junk.
APPLIANCESOne or more abandoned or inoperable appliance including but not limited to any stove, washing machine, dryer, dish washer, refrigerators, freezers, television, computer equipment, hot water heaters, water purification units or other household device or equipment abandoned, junked, discarded, or wholly or partially dismantled, or otherwise left unhoused or otherwise left exposed to the elements, no longer intended or in the condition for ordinary use.
FIXTURESOne or more kitchen or bathroom fixtures, including but not limited to sinks, toilets, tubs, showers, faucets, countertops.
FURNITUREOne or more abandoned or irreparably damaged pieces of indoor or outdoor furniture, including but not limited to sofas, lounge chairs, mattresses, bed frames, desk, tables, chairs, and chest of drawers;
LAWN EQUIPMENTOne or more items of lawn or garden equipment unusable according to its intended design;
MOTOR VEHICLESTwo or more motor vehicles that do not each display a current motor vehicle registration or license plate or that cannot be removed under its own power shall be considered junk unless refuted by verifiable and credible proof; motor vehicle parts and materials which, taken together, equal in bulk two or more such vehicles shall be considered junk.
RECREATIONAL VEHICLEOne or more boat, watercraft, recreational equipment, four-wheeler, all-terrain vehicle, motorized minibike, pedal bike, or snowmobile inoperable by way of its original designed use.
Any public or private condition that would constitute a nuisance
according to the statutes, laws and regulations of the State of New
York or its governmental agencies or the ordinances or local laws
of the Town. Any physical condition existing in or the exterior of
any premises, which is potentially dangerous, detrimental, or hazardous
to the life, health or safety of persons on, near or passing within
the proximity of the premises where such condition exist.
Discarded or abandoned solid waste matter having worthless
value or value limited primarily for recycling or salvaging, including
but not limited to garbage, trash, ashes, paper, paper goods and products,
wrappings, cans, bottles, containers, yard clippings, garden waste,
debris, junk, glass, boxes, crockery, wood, mineral matter, plastic,
rubber, tires, leather, furniture, household goods, appliances, bedding,
scrap metal, construction material, inoperable machinery or parts
thereof, garden equipment and supplies, dead or rotting vegetation,
abandoned, inoperative, or unusable automobiles and vehicles, and
solid commercial, industrial and agricultural waste.
The areas of any parcel of land or body of water used for
the placement, storage or deposit of junk other than a commercial
junkyard.
C.
Conflicting provisions. Where the conditions imposed by any provision
of this chapter, are either more restrictive than comparable conditions
imposed by any other law, ordinance, resolution, rule or regulation
of any kind, the regulations which are more restrictive or which impose
higher standards or requirements shall govern.
D.
Visibly free of rubbish. The exterior of all premises visible from
a public right-of-way or visible from a neighboring property shall
be kept visibly free of rubbish, junk, and nuisances as established
in the definitions section of this section.
E.
Screening. Junkyards and outdoor placement of junk shall be screened
from view from public right-of-way or from a neighboring property.
Screening shall consist of a fence or vegetation at least eight feet
in height. Such fence shall be of sound construction of solid vertical
board or 'stockade' type construction, and shall be maintained neatly
and in good repair. Any vegetation used for screening shall be of
sufficient density so that it effectively screens the area from view
throughout the year. Failure to provide screening as required herein
shall be considered a violation of this chapter.
F.
Exemptions. The storage or placement of the following materials designed for use or storage outdoors shall be exempt from the provisions of Subsection D to the extent that such storage or placement is maintained in a tidy condition and that such vehicles or materials remain in operable or usable condition consistent with their original designed use:
(1)
Wood for combustion in a wood burning stove, furnace or fireplace;
(2)
Lawn, yard, or garden ornaments that are in harmony with the prevailing
character of the surrounding neighborhood;
(3)
Lawn and patio furniture;
(4)
Agricultural, farm, garden, or yard machinery and apparatus for use
on the premises;
(5)
Standing fences;
(6)
Hoses and sprinklers used for watering lawns or gardens;
(7)
Storage or placement or accumulation of materials that support primary
uses on-site and where such storage, placement and accumulation is
in conformance with local, regional, state and federal laws;
(8)
Construction materials and equipment used for the construction or
renovation of a building on the premises for which a building permit
has been issued;
(9)
Unlicensed or unregistered vehicles operated to support primary uses
on commercial, agricultural, or industrial premises;
(10)
Motor vehicles or recreational vehicles on public display that
arc for sale, lease, or rent and that are located on premises lawfully
permitted and licensed to sell, lease, or rent such vehicles;
(11)
Recreational vehicles on residential or agricultural premises
suitable for activities that are appropriate for the season.
G.
Administration and enforcement.
(1)
The Code Enforcement Officer (CEO) of the Town is hereby designated,
unless otherwise designated by the Town, as the officer(s) charged
with the enforcement of this section and is hereinafter referred to
as the CEO. The CEO shall make periodic inspections of the Town to
ensure that violations of this statute do not exist, and the requirements
of this chapter are met. Any observed violations shall be noted and
the property owner contacted for compliance.
(2)
The CEO shall enter the premises of any private property with the
consent of the owner or upon a proper court order, or may make an
evaluation from any public way.
H.
Inspections. Whenever there is reasonable cause to believe that the
provisions of this chapter are violated, the CEO or any lawfully authorized
agent of the Town, shall make an inspection of the property involved
and shall prepare a written report of the conditions found, which
report shall be filed with the ZBA.
I.
Notice of violation. If conditions existing on the inspected property
violate the provisions of this chapter, the CEO, sheriff or other
lawfully designated officer or employee shall serve or cause to be
served a written notice of such violation, either personally or by
certified mail, upon the owner or owner's agent, as well as upon the
lessee or occupant of said premises.
(1)
Said notice shall contain substantially the following: the name of
the owner and, if applicable to the violations, the lessee or occupant
of the premises; the address or location of the premises; the identification
of the premises as the same appears on the current assessment roll;
a statement of the conditions on the property deemed upon inspection
to be in violation of this chapter; demand that the junk, rubbish,
or nuisances to be in violation of this chapter be removed from public
view on or before 10 days after the service or mailing of such notice;
a statement that a failure to comply with the provisions of this chapter
and the notice given pursuant thereto within the time specified may
result in a lawfully authorized officer or agent of the Town entering
upon the property and removing the violation and causing the same
to be disposed or otherwise destroyed; a statement that any expenses
assumed by the Town for such disposal or destruction shall be assessed
against the described property and shall constitute a lien thereon
to be collected as provided by law.
(2)
Said notice shall contain the date, time, and location at which the
Johnstown Town Court will conduct its next scheduled meeting that
is not less than 10 days after the notice of violation. Said notice
shall state that the property owner, his/her agent, lessee, or occupant
is entitled to be heard at such meeting and present evidence and testimony.
The meeting shall follow the procedures for notification of any Johnstown
Town Court meeting and, if required, be published in a paper of general
circulation in the Town at least 10 days prior to the date of the
meeting.
(3)
Nothing contained herein shall require notice as a prerequisite to
the issuance of a summons or appearance ticket for a violation of
this chapter.
J.
Second inspection report. On or before the date of the Johnstown
Town Court hearing and prior to commencement of said hearing, the
CEO or other lawfully authorized agent shall conduct a second inspection
of the property and file a written report of the conditions deemed
in violation of this chapter found thereon with the Johnstown Town
Court. Such inspection shall be conducted as close to the date of
the public hearing as practicable.
K.
Declaration of public nuisance and remediation. The Johnstown Town
Court shall determine if the condition upon the subject property,
which violates this chapter, constitutes a public nuisance. Upon a
determination by the Court that conditions upon the property constitute
a public nuisance, the Court is empowered to authorize officers or
a lawfully authorized agent of the Town to enter onto the property
to remove any junk, rubbish, or nuisance whenever there exists an
imminent threat to the life or safety of persons. Any municipal action
taken pursuant to this section must be reasonably calculated to alleviate
or prevent the crisis condition and must be limited to those actions
necessary to eliminate the emergency situation. A property owner shall
be given notice and an opportunity to be heard prior to any costs
and expenses incurred pursuant to this section being placed as a lien
against the real property upon which the violation occurred.
L.
Judicial relief. Nothing contained in this chapter shall prevent
the Town from seeking judicial or equitable relief to abate violations
of this chapter.
M.
Penalties.
(1)
Any person who violates any of the provisions of this chapter shall
be guilty of an offense and subject to a mandatory fine prescribed
by a fine schedule for the first violation and each offense thereafter.
(2)
Every person shall be deemed guilty of a separate offense for each
day such violation continues.
(3)
The sum of all fines and penalties incurred by the violator and all
costs assumed by the Town for the removal and disposal of materials
in violation of this chapter shall constitute a lien against the real
property upon which the violation occurred.
(4)
In the case that the true owner of the material in violation of this
code is not the same as the occupant or owner of the real property
upon which the violation occurred, any liens resulting from violations
of this chapter shall be recorded against the responsible party and
any real property thereof situated within the Town of Johnstown. This
shall be the case so long as the occupant or owner of the property
upon which the violation occurred had not accepted or otherwise allowed
conditions to persist whereby a violation of this chapter would reasonably
be expected to occur.
N.
Severability. If any clause, sentence, paragraph, section or article
of this section shall be adjudged by any court of completive jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or article thereof directly involved
in the controversy in which such judgment shall have been rendered.
[Added 8-8-2016 by L.L.
No. 2-2016]
A.
Purpose. It is harmful to the orderly maintenance, growth and prosperity
of the Town as well as to the health, safety and welfare of the general
public to allow neglected properties to become overgrown or unsightly
due to the excessive growth of grasses and/or weeds.
B.
WEEDS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Definitions.
Any flora reaching or exceeding a height of 10 inches. Notwithstanding
the foregoing, "weeds" do not include:
Trees;
Shrubs;
Flowers maintained in either perennial or annual flower beds;
Ivy or like trellised vines;
Vegetable gardens;
Crops purposely planted on lands used for agricultural purposes
(such as corn, wheat, alfalfa, etc.) whether or not such crops are
intended for sale; or
Brush growing in areas of lands that are heavily forested.
C.
Restrictions.
(1)
No person or corporation shall permit weeds to grow to a length
of 10 or more inches within 50 feet of a public road (whether a road
by dedication or use) when the premises contain a structure.
D.
Notice.
(1)
The Code Enforcement Officer shall serve written notice of violation
upon the owner of record as such is identified in the Town's real
property tax records. Notice shall set forth the nature of the violation
with reasonable specificity and the date by which the violation must
be cured, which date will not be less than 10 calendar days from service
of the notice.
(2)
Service of notice may be effectuated by mailing the same to
the property owners and where service is through personal deliver,
no further notice need be provide.
(3)
Service of notice may be effectuated by mailing the same to
the property owners at their mailing address as set forth in the Towns
real property tax billing records. This may be accomplished by First-Class
Mail and/or by Certified Mail.
(4)
Where service is accomplished by mail, the Town shall, no less
than 10 days prior to the compliance date set forth in the notice,
cause a copy of the notice to be posted at the site of the violation
in an area reasonably conspicuous.
E.
Failure to cure.
(1)
If the violation is not cured by the compliance date set forth
in the notice and no appeal to the Town Board has been timely undertaken,
the Town may enter upon the lands of the property owner for the purpose
of curing the violation.
(a)
Where possible, upon entry, the Town will attempt to cure the
violation by cutting/trimming of such flora.
(2)
Where the Town causes such violation to be cured, all sums advanced
by the Town shall be a cost to the landowner and, if not timely paid
by the landowner, shall become a lien on the property and shall be
collected in the same manner and at the same time as other Town charges.
(3)
The Town may, in its sole discretion, contract for such service.
F.
Appeal.
(1)
At any time prior to the date set forth in the notice, the landowner,
or a representative specifically authorized to act on the owners behalf
for this purpose, may file a written appeal to the Town Board where
the alleged violation concerns the height of weeds.
(2)
The delivery of the written appeal to the Town Board will operate
as a stay and the Town will not enter upon the property at issue for
purposes of curing the violation until the Town Board has heard the
appeal.
G.
Enforcement.
(1)
The Town Code Enforcement Officer is authorized to enforce the
provisions of the chapter on a case-by-case basis.
(2)
The Town may enforce this chapter of the Town Code by remedying
the violation as set forth above and/or may commence one or more legal
actions to enforce the Town Code and/or to compel compliance with
the Town Code. The Town will not be deemed to have elected its remedies
by curing the violation.
A.
Purpose.
(1)
The purpose of this article is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
signs of all types. Regulations governing signage are intended to
protect property values, create a more attractive economic and business
environment, enhance and protect the physical appearance of the community,
preserve the natural and rural beauty, and provide a more enjoyable
and pleasing community.
(2)
These regulations are intended to reduce sign or advertising distractions
and obstructions that may contribute to traffic accidents, reduce
hazards that may be caused by signs overhanging or projecting over
public rights-of-way, provide more visual open space, and curb the
deterioration of the community appearance and attractiveness. The
location, size, materials, and method of construction of signs affect
the character of the community. The Town of Johnstown seeks to promote
attractive signs that clearly present the sign message in a manner
that is compatible with their surroundings, and signs should therefore
convey their messages clearly and simply to enhance their surroundings.
B.
Compliance. The size, type and location of any sign or advertising
device shall be in accordance with the following regulations (Refer
to Appendix B "Dimensional Requirements Table" for additional information
regarding signage):
(1)
Noncommercial signs. Noncommercial signs are allowed in all districts
and may be substituted for any sign expressly allowed under this chapter.
(2)
Signs for R-1 Districts.
(a)
Nameplates. Nameplates and identification signs indicating the
name and address of the occupant or permitted home occupation in any
residence shall be permitted, provided that such signs shall not exceed
two square feet in area and shall not emit any flashing or intermittent
illumination.
(b)
Institutional signs. Signs for institutions such as schools,
places of worship, hospitals or other public and semipublic institutions
shall be permitted, provided that such signs shall not be greater
than 15 square feet in area and shall not emit any flashing or intermittent
illumination.
(3)
Signs in R-2 Residence Districts and RPO District.
(a)
Nameplates. Nameplates and identification signs indicating the
name and address of the occupant or permitted home occupation in any
residence shall be permitted, provided that such signs shall not exceed
two square feet in area and shall not emit any flashing or intermittent
illumination.
(b)
Institutional signs. Signs for institutions such as schools,
places of worship, hospitals or other public and semipublic institutions
shall be permitted, provided that such signs shall not be greater
than 15 square feet in area and shall not emit any flashing or intermittent
illumination.
(c)
Business signs. Business signs pertaining to permitted uses
or to a legal nonconforming use of the premises on which it is located
shall be permitted, provided that such signs shall not exceed 20 square
feet in area and shall not emit any flashing or intermittent illumination.
No dimension of the business sign shall exceed six feet. An increase
in sign area for legal nonconforming uses shall not be permitted in
R Residential Districts.
(d)
Temporary signs. Temporary signs such as advertising the sale,
rental, construction or improvement of the premises on which they
are located shall be permitted, provided that such signs shall not
exceed six square feet in area and shall not be illuminated, and shall
be promptly removed by the property owner when the circumstances leading
to their erection no longer apply.
(e)
Off-premise signs prohibited. Signs advertising functions, uses,
products or services not pertaining to the premises on which they
are located shall not be permitted in any R Residential District,
except for temporary signs as defined in this chapter.
(4)
Signs in C Commercial Districts.
(a)
Signs permitted in R-Residential and RPO Districts.
(b)
Business signs. Signs located on the premise of an establishment
and signifying a product or service on the premises on which they
are located shall be permitted, provided that the aggregate area of
all signs on the premises shall not be greater than three square feet
for each foot of frontage actually occupied by such use, building
or parking area, but not exceeding 200 square feet of aggregate sign
area.
(c)
Temporary signs. Temporary signs advertising the sale, rental,
construction or improvement of the premises on which they are located
shall be permitted, provided that such signs shall not exceed 40 square
feet in area and shall not be illuminated, and shall be promptly removed
by the property owner when the circumstances leading to their erection
no longer apply, except temporary signs as allowed in R-2 and RPO
Districts.
(d)
Off-premise signs prohibited. Signs advertising functions, uses,
products or services not pertaining to the premises on which they
are located shall not be permitted in any C Commercial District except
temporary signs as allowed in R-2 and RPO Districts.
(5)
Signs in M-1 Manufacturing District and CID County Institution District.
(a)
Signs permitted in C Commercial Districts.
(b)
Temporary signs. Temporary signs advertising the sale, rental,
construction or improvement of the premises on which they are located
shall be permitted, provided that such signs shall not exceed 100
square feet in sign area and shall be promptly removed by the property
owner when the circumstances leading to their erection no longer apply.
(c)
Off-premises signs allowed. (Not permitted in CID) Signs pertaining
to functions, uses, products or services whether or not pertaining
to the premises on which they are located, shall be permitted, provided
that such signs shall not exceed 300 square feet in area and shall
not direct any source of illumination toward any public street or
adjacent residential property.
(6)
Signs in AUZ District.
(a)
Signs permitted in the R Residential Districts.
(b)
Business signs. Business signs pertaining to permitted uses
or to a legal nonconforming use, on the premises on which it is located
shall be permitted, provided that the aggregate area of all signs
on the premise shall not be greater than three feet for each foot
of frontage, but not exceeding 200 square feet of aggregate sign area.
(c)
Temporary signs. Temporary signs advertising the sale, rental,
construction or improvement of the premises on which they are located,
or advertising the sale of agricultural products or goods produced
on premises and in-season shall be permitted, provided that such signs
shall not exceed 40 square feet in sign area and shall be promptly
removed by the property owner when the circumstances leading to their
erection no longer apply.
(d)
Off-premises signs prohibited. Signs advertising functions,
uses, products or services not pertaining to the premises on which
they are located shall not be permitted in any AUZ District, except
for off-premises signs allowed in R-2 and RPO Districts.
A.
Sign permit required for certain signs.
(1)
Permit. A sign permit is required in the following cases:
(2)
Permit application. An applicant for a sign permit shall submit
on forms provided by the Town all necessary information pertaining
to size, location, and sign construction sufficient for the Planning
Board to determine conformance with this chapter. Permit fees shall
be set by the Town Board.
B.
Number of signs. Exclusive of directional signs, the number of signs
permitted on any single parcel shall not exceed three per establishment.
In no case shall the number of freestanding signs exceed one. In addition
to the forgoing, up to two directional signs may be permitted per
parcel.
C.
Well maintained. Signs shall be constructed of durable materials
and shall be kept visibly free of cracks, kinks or bends, corrosion,
rot, peeling paint and other evidence of fatigue and excessive wear
and tear. Signs which are permitted to deteriorate shall be removed
at the owner's expense upon direction of the Code Enforcement Officer
(CEO) following notification to the owner. The owner of a sign and
the owner of the premises on which such sign is located shall be jointly
and individually liable to maintain such sign, including its illumination
sources, in a neat and orderly condition.
D.
Measuring sign area. Unless otherwise prescribed herein, sign area
shall be calculated by measuring the outer frame of the sign face.
Any support structure shall be excluded from the calculation, unless
to the average observer and that by design or construction the support
itself appears to direct attention.
(1)
Wall signs. For wall signs and signs painted on walls, the area
shall be calculated by measuring the area contained within a hypothetical
and continuous perimeter drawn around words, emblems, and logos that
constitute the sign. Such perimeter shall be nonintersecting, except
where two end points meet to create an enclosed perimeter, and shall
contain eight or fewer vertices, and shall be rendered in a manner
that results in the smallest calculable area for a proposed or existing
sign.
(2)
Painted exterior walls. Expanses of uniform color painted on
a wall that extends to all or most edges of that exterior wall and
is accompanied by sign copy, even in cases where the color may be
construed to be part of the sign, may be excluded from sign area calculation
except for the portion of such area enclosed within the perimeter
drawn around the ostensible sign copy.
E.
Attached signs, maximum height. No sign shall be higher than the
building to which it is attached.
F.
Removal of hazardous signs. No sign shall be erected which, in the
opinion of the Town CEO, may cause hazardous or unsafe conditions.
Such signs shall be removed upon direction of the Town CEO following
notification to the owner, unless such sign is erected within a public
right-of-way.
G.
Signs in right-of-way. No sign, other than an official traffic or
public information sign, shall be erected or project within the right-of-way
line of any public street.
H.
Directional signs. No more than two on-site directional signs per
parcel shall be permitted in a C Commercial or M Manufacturing District.
Directional signs shall be prohibited in all other districts. The
following standards shall apply:
(1)
Each directional signs shall be less than four square feet;
(2)
Each directional sign shall be no more than four feet above
grade;
(3)
Directional signs shall not be illuminated;
(4)
Directional signs shall only be two colors, of which one shall
be the background;
(5)
Directional signs shall be located and designed so as to not
obstruct the vision of pedestrians or drivers of motor vehicles.
I.
Sidewalk right-of-way. No signs affixed to a building may project
into public sidewalk right-of-way, such that the bottom most portion
of the sign is seven feet above a walkway and does not otherwise impede
pedestrian traffic or result in the creation of a public safety concern.
J.
Direction of illumination. No sign shall have a source of illumination
directed toward a public street or adjacent property.
K.
Steady illumination. Sign illumination shall be steady, regardless
of changes to sign copy.
L.
Off premise signs, newly permitted. Off-premise signs are prohibited
in all zoning districts, except in the M-1 Zoning District.
M.
Portable signs. Portable signs are prohibited in all districts. Sandwich
boards are expressly exempt from this prohibition and shall comply
with all other standards in this section.
N.
Motion. Any sign permitted by this article shall not rotate, rock,
or otherwise move, and shall not contain sign copy that is flashing,
scrolling, or projected.
O.
Wall signs, additional standards. In addition to other applicable
requirements, wall signs shall comply with the following standards.
P.
Maximum height. No freestanding sign shall exceed 12 feet in height
in R-Districts, RPO Districts, and the AUZ. No freestanding sign shall
exceed 15 feet in height in C-Districts. No freestanding sign shall
exceed 25 feet in height in the M-1 District or CID.
Q.
Changes to sign copy. Signs shall display no more than four changes
daily to sign copy, excluding displays of time, temperature, or price.
R.
Window signs. Window signs are permitted on ground-level floors only.
Windows signs shall occupy no more than 1/4 of the window area of
the ground floors.
S.
Nonconforming signs. Signs existing on the effective date of this
chapter, which do not conform to the regulations set forth in this
chapter, are a nonconforming use.
(1)
All preexisting nonconforming signs shall comply with the standards
and requirements of this chapter at the time when the sign's structural
features are more than 30% replaced or repaired at any one time, or
when a change in use or business has occurred on the premise. Any
sign not expressly permitted by this chapter shall be considered nonconforming
and removed.
(2)
Changes to sign copy (where the sign copy is not materially
embodied in the sign structure) or the routine maintenance of structural
elements of nonconforming signs shall by itself not be considered
a replacement or alteration compelling compliance with this chapter.
(3)
A sign recognized as a contributing historical element of a
federal, state, or local registered historical landmark shall not
be deemed nonconforming by the Town.
T.
Abandonment. Any sign freestanding or affixed sign which advertises
or identified products, businesses, services or activities which have
not been sold, located or carried on at the premises for at least
60 days may be deemed abandoned by the CEO. The owner shall remove
the sign within 10 days of notification of a finding of abandonment.
U.
Design guidelines. In order to promote harmonious design and preserve
community character, owners of signs subject to this article should
observe the following guidelines:
A.
Purpose. In order to promote the public health, safety, and welfare,
tree removal during permitted construction activities and along certain
streams will be subject to the provisions contained in this section.
Forestry and related businesses are recognized as a valuable and desired
economic activity in the Town. Likewise, the Town's rural heritage,
forests, and natural streams are integral to the character of the
Town, as set forth in the Town's 2006 Master Plan. As such, the Town's
forests and trees are important economic, aesthetic, and natural assets,
and provide a substantial benefit by reason of reduced erosion rates,
reduced stormwater runoff rates, and by the provision of shade to
moderate stream water temperatures. The following provisions are intended
to preserve and promote these natural and freely provided services
along streams and on hillsides. No part of this section shall be construed
as limiting reasonable economic benefits from sustainable forestry
practices as otherwise permitted by applicable law.
B.
Requirements. The following requirements shall apply to all zoning
districts for the Town, but shall not supersede the shoreline restrictions
of § 806 of the Adirondack Park Agency for projects within
the Adirondack Park:
(1)
Stream buffers. Only trees less than six inches DBH (diameter at
breast height) may be removed within 18 feet of the mean high water
mark of a stream that is classified or classifiable by the New York
State Department of Environmental Conservation.
(2)
Construction activities. The following requirements shall apply to
permitted construction activities:
(a)
Only trees less than six inches DBH may be removed from slopes
in excess of 15%.
(b)
Only trees less than six inches DBH may be removed from ridgelines
and within 25 vertical feet of a ridgeline. "Ridgeline" means the
crest of a hill which has the potential to create a silhouette against
the sky when viewed from a common public viewing area.
(3)
Removal of trees over six inches DBH. Notwithstanding Subsections B(1) and (2), above, trees in excess of six inches DBH may be removed to the minimum degree necessary to:
(a)
Remove an imminent threat to life and property.
(b)
Provide access for any permitted crossings for vehicular circulation,
pedestrian and recreational access, utilities, agricultural, and livestock
crossings.
(c)
Create a twenty-five-foot building envelope around the footprint
of proposed structures located on slopes in excess of 15%.
(d)
To perform grading of the site pursuant to an approved site
plan, if required.
(e)
Create during permitted construction activities a preferred
view from dwelling units. Typically, such views can be successfully
achieved with the selective trimming of tree limbs and understory
brush, and such trimming should be examined as the preferred option
prior to the decision to remove a tree. The wholesale removal of a
stand of trees shall be an insufficient means for the creation of
a view.
(4)
Subdivision of clear-cut lands prohibited. No parcel or portion of
a parcel containing lands that have been clear-cut of forests within
the previous five years or since the adoption of this article, whichever
length of time is shorter, shall be considered by the Town for subdivision
approval. Clear cutting means a timber harvest or tree removal impacting
an area greater than five acres in size that results in the wholesale
removal of trees and vegetation, and after which there no longer exists
a tree stand containing a variety of growing stocks of trees of varying
ages, and that are well distributed in a manner sufficient to screen
the view of structures from public lands, roads, or vantage points.
Parcels containing lands that have been timber harvested pursuant
to a sustainable forestry yield plan shall be exempt from this restriction.
A.
Purpose. The purpose of this section is to establish general guidelines
for the siting of wireless communications towers and antennas. In
order to accommodate the communication needs of residence and businesses
while protecting the public health, safety and general welfare of
the community, the Town of Johnstown finds that these regulations
are necessary in order to:
(1)
Facilitate the provision of wireless telecommunications services
to residents and businesses of the Town.
(2)
Minimize adverse visual affects of towers through careful design
and siting standards.
(3)
Protect residential areas and land uses from potential adverse impacts
of towers and antennas.
(4)
Encourage the location of towers in nonresidential areas.
(5)
Minimize the total number of towers throughout the community.
(6)
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers.
(7)
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal.
(8)
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques.
(9)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently.
(10)
Consider the public health and safety of communication towers.
(11)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
TOWER
Definitions. As used in this chapter, the following terms shall have
the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
C.
Applicability. This section shall apply in the following cases:
(1)
New towers and antennas. All new towers or antennas in the Town of
Johnstown shall be subject to these regulations, except as follows:
(a)
Amateur radio station operators/receive only antennas. This
section shall not govern any tower, or the installation of any antenna,
that is under 70 feet in height and is owned and operated by a federally-licensed
amateur radio station operator or is used exclusively for receive
only antennas.
(b)
Preexisting towers or antennas. Preexisting towers and preexisting
antennas shall not be required to meet the requirements of this section,
except as provided by applicable building codes, safety standards,
and state and federal rules and regulations.
(c)
AM array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot-coverage requirements,
and other such requirements, the dimensions of the least area within
the larger parcel of land shall control.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Code Enforcement Officer an inventory of
its existing towers, antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of the Town of Johnstown or
within one mile of the border thereof, including specific information
about the location, height, and design of each tower. The Zoning Administrator
may share such information with other applicants applying for administrative
approvals or special use permits under this section or other organizations
seeking to locate antennas within the jurisdiction of the Town of
Johnstown provided, however, that the Zoning Administrator is not,
by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment shall
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen shall cause the least
disturbance to the surrounding views.
(6)
State or federal requirements. All towers shall meet or exceed current
standards and regulations of the FAA, the FCC, and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Town of Johnstown concludes that a
tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Town of Johnstown irrespective of municipal and county jurisdictional
boundaries.
(9)
Not essential services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities, or private utilities.
(10)
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in the Town of Johnstown
have been obtained and shall file a copy of all required franchises
with the Zoning Administrator.
(11)
Public notice. For purposes of this section, any site plan review,
variance request, or appeal of an administratively approved use or
site plan shall require public notice to all abutting property owners
and all property owners of properties that are located within the
corresponding separation distance listed in Table 2, Existing Towers-Type,
hereafter, in addition to any notice otherwise required by this chapter.
(12)
Signs. No signs shall be allowed on an antenna or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the provisions of Subsection L, Buildings or Other Equipment Storage, hereunder.
(14)
Multiple antenna/tower plan. The Town of Johnstown encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
E.
Permitted uses. The uses listed hereunder are deemed to be permitted
uses and shall not require administrative approval or a site plan
approval: Antennas or towers located on property owned, leased, or
otherwise controlled by the Town of Johnstown provided a license or
lease authorizing such antenna or tower has been approved by the Town
of Johnstown.
F.
Administratively approved uses.
(1)
The following provisions shall govern the issuance of administrative
approvals for towers and antennas.
(a)
The Code Enforcement Officer may administratively approve the
uses listed in this section.
(b)
Each applicant for administrative approval shall apply to the Code Enforcement Officer providing the information set forth in Subsection G(2) hereunder and Subsection I of this section, and a nonrefundable fee as established by resolution of the Town of Johnstown to reimburse the Town of Johnstown for the costs of reviewing the application.
(c)
The Code Enforcement Officer may review the application for administrative approval and determine if the proposed use complies with the provisions of Subsection D, General Requirements, and any applicable setbacks and separation distances established in Subsection G, Site Plan Review, of this section.
(d)
The Code Enforcement Officer shall respond to each such application
within 60 days after receiving it by either approving or denying the
application. If the Code Enforcement Officer fails to respond to the
applicant within said 60 days, then the application shall be deemed
to be approved.
(e)
In connection with any such administrative approval, the Code
Enforcement Officer may, in order to encourage shared use, administratively
waive any zoning district setback requirements as established in this
section or separation distances between towers as established in this
section. No waiver shall allow changes exceed 100% and 50% of the
original figures.
(f)
In connection with any such administrative approval, the Code
Enforcement Officer may, in order to encourage the use of monopoles,
administratively allow the reconstruction of an existing tower to
monopole construction.
(g)
If an administrative approval is denied, the applicant may file
an application for a site plan review as contained in this section.
(2)
List of administratively approved uses. The following uses may be
approved by the Code Enforcement Officer after conducting an administrative
review:
(a)
Locating antennas on existing structures or towers consistent
with the following conditions:
[1]
Antennas on existing structures. Any antenna which is not attached
to a tower may be approved by the Code Enforcement Officer as an accessory
use to any commercial, industrial, professional, institutional, or
multifamily structure of eight or more dwelling units, provided:
[2]
Antennas on existing towers. An antenna which is attached to
an existing tower may be approved by the Code Enforcement Officer
and, to minimize adverse visual impacts associated with the proliferation
and clustering of towers, collocation of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided such collocation is accomplished in a manner
consistent with the following:
[a]
A tower which is modified or reconstructed to accommodate
the collocation of an additional antenna shall be of the same tower
type as the existing tower, unless the Code Enforcement Officer allows
reconstruction as a monopole.
[b]
Height. An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna. Such modification shall only occur once per the life of the tower. Such modification shall require an additional distance separation as set forth in Subsection G, Site Plan Review, of this section. The tower's pre-modified height shall be used to calculate such distance separations.
[c]
On-site location A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection G, Site Plan Review, of this section. The relocation of a tower hereunder shall in no way be deemed to cause a violation of separation distances established in Subsection G, site plan review, of this section.
[3]
New towers in nonresidential zoning districts. Locating any new tower in a nonresidential zoning district, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Code Enforcement Officer concludes the tower is in conformity with the purposes set forth in this section and the requirements of Subsection D, General Requirements, of this section; the tower meets the setback requirements and separation distances established in this section; and the tower meets the following height and usage criteria:
(3)
Locating any alternative tower structure in a nonresidential zoning
district that in the judgment of the Code Enforcement Officer is in
conformity with the purposes set forth in this section.
(4)
Installing a cable microcell network through the use of multiple
low-powered transmitters/receivers attached to existing wireline systems,
such as conventional cable or telephone wires, or similar technology
that does not require the use of towers.
G.
Site plan review.
(1)
The following provisions shall govern the review of site plan applications
for towers or antennas by the Planning Board:
(a)
If the tower or antenna is not a permitted use or a use requiring
an administrative approval pursuant to this section, then a site plan
review shall be required for the construction of a tower or the placement
of an antenna in all zoning districts except for the R-1 Residential
Districts.
(b)
Applications for site plan review under this section shall be
subject to the site plan procedures and requirements of this Code,
except as modified in this section.
(c)
In granting approval of a site plan application, the Planning
Board may impose conditions to the extent the Planning Board concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(d)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a licensed professional engineer.
(e)
An applicant for a site plan review shall submit the information
described in this section and a non-refundable fee as established
by resolution of the Johnstown Town Board to reimburse the Town of
Johnstown for the costs of reviewing the application.
(2)
Site plan information. In addition to any information required for
applications for site plan review pursuant to this chapter, applicants
for a site plan review for a tower shall submit additionally the following
information:
(a)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning of the site and all properties within the applicable
separation distances set forth in this section, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structures, topography,
parking, and other information deemed by the Planning Board to be
necessary to assess compliance with this section.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit and residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(4)(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing, finished color and, if applicable, the method
of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
(k)
A description of the feasible location(s) of future towers or
antennas within the Town of Johnstown based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
H.
Site plan review considerations. In addition to any standards for
consideration of site plan applications pursuant to this chapter,
the Planning Board shall consider the following factors in determining
whether to issue a site plan approval, although the Planning Board
may waive or reduce the burden on the applicant of one or more of
these criteria if the Planning Board concludes that the goals of this
section are better served thereby:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and residential
district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress; and
(8)
Availability of suitable existing towers, other structures, or alternative
technologies not requiring the use of towers or structures.
I.
Availability of suitable existing towers, other structures, or alternative
technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Planning Board that no existing
tower, structure or alternative technology that does not require the
use of towers or structures can accommodate the applicant's proposed
antenna. An applicant shall submit information requested by the Planning
Board related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength
to support applicant's proposed antenna and related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna
on the existing towers or structures would cause interference with
the applicant's proposed antenna.
(5)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology that does
not require the use of towers or structures, such as a cable microcell
network using multiple low-powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
J.
Setbacks. The following setback requirements shall apply to all towers
for which a site plan review is required; provided, however, that
the Planning Board may reduce the standard setback requirements if
the goals of this section would be better served thereby:
K.
Separation. The following separation requirements shall apply to
all towers and antennas for which a site plan review is required;
provided, however, that the Planning Board may reduce the standard
separation requirements if the goals of this section would be better
served thereby.
(1)
Separation from off-site uses/designated areas. Tower separation
shall be measured from the base of the tower to the lot line of the
off-site uses and/or designated areas as specified in Table 1, except
as otherwise provided in Table 1. Separation requirements for towers
shall comply with the minimum standards established in Table 1.
|
Table 1:
| |
|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
|
|
Residential dwelling units1
|
200 feet or 300% height of tower whichever is greater
|
|
R-1 residentially zoned land
|
200 feet or 300% height of tower whichever is greater
|
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
|
|
NOTES:
| |
|---|---|
|
1
|
Includes modular homes and mobile homes used for living purposes.
|
|
2
|
Separation measured from base of tower to closest building setback
line.
|
(2)
Separation distances between towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and preexisting towers. The separation distances shall be measured
by drawing or following a straight line between the base of the existing
tower and the proposed base, pursuant to a site plan, of the proposed
tower. The separation distances (listed in linear feet) shall be as
shown in Table 2.
|
Table 2:
Existing Towers - Types
| ||||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(3)
Security fencing. Towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anti-climbing device; provided however, that the Planning Board may
waive such requirements, as it deems appropriate.
(4)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a site plan review is required; provided,
however, that the Planning Board may waive such requirements if the
goals of this section would be better served thereby.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences. The standard buffer shall consist
of a landscaped strip at least four feet wide outside the perimeter
of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
L.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 12 feet in height. In addition,
for buildings and structures which arc less than 65 feet in height,
the related unmanned equipment structure, if over 100 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 25% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following.
(a)
In residential districts, the equipment cabinet or structure
may be located:
[1]
In a front or side yard provided the cabinet or structure is
no greater than eight feet in height or 100 square feet of gross floor
area and the cabinet/structure is located a minimum of 10 feet from
all lot lines. The cabinet/structure shall be screened by an evergreen
hedge with an ultimate height of at least 72 inches to 84 inches and
a planted height of at least 48 inches.
[2]
In a rear yard, provided the cabinet or structure is no greater
than 10 feet in height or 200 square feet in gross floor area. The
cabinet/structure shall be screened by an evergreen hedge with an
ultimate height of eight feet and a planted height of at least 48
inches.
(b)
In commercial or industrial districts the equipment cabinet
or structure shall be no greater than 10 feet in height or 250 square
feet in gross floor area. The structure or cabinet shall be screened
by an evergreen hedge with an ultimate height of eight feet and a
planted height of at least 48 inches. In all other instances, structures
or cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or
cabinet by a solid fence eight feet in height or an evergreen hedge
with an ultimate height of eight feet and a planted height of at least
48 inches.
(3)
Antennas located on towers. The related unmanned equipment structure
shall not contain more than 250 square feet of gross floor area or
be more than 10 feet in height, and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
(4)
Modification of building size requirements. The requirements of Subsection L(1)(a) through (c) of this Subsection L, Buildings and Other Equipment, may be modified by the Code Enforcement Officer in the case of administratively approved uses or by the Planning Board in the case of uses subject to site plan review to encourage collocation.
M.
Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Town of Johnstown
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within said 90 days shall be grounds to remove the
tower or antenna at the owner's expense. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower.
N.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed,
and antennas that are installed, in accordance with the provisions
of this section shall not be deemed to constitute the expansion of
a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Subsection M, above, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a site plan approval and without having to meet the separation requirements specified in this section. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in this section.
O.
Severability. The various parts, sections and clauses of this section
are hereby declared to be severable. If any part, sentence, paragraph,
section or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of the section shall not
be affected thereby.
P.
Repealer. Any local laws or parts thereof in conflict with the provisions
of this section are hereby repealed to the extent of such conflict.
A.
Intent. It is the intent of the Town Board to establish and impose
conditions upon the construction, placement, and operation of outdoor
wood boilers for the purpose of promoting the public health, safety,
and welfare of the Town and its residents. The Town recognizes that
the types of fuel uses, and the scale and duration of burning by such
boilers creates noxious and hazardous smoke, soot, fumes, odors and
air pollution. These impacts can deprive neighboring residents of
the enjoyment of their property or premises.
B.
Standards. When used to heat or supply energy on parcel where the
primary structure or use is residential, an outdoor wood boiler shall
be considered an accessory use. Such accessory use shall comply with
the following conditions:
(1)
Fuel. Only firewood and untreated lumber shall be used as fuel. The
combustion of garbage and domestic waste in outdoor wood boilers is
expressly prohibited.
(2)
Setbacks. Outdoor wood boilers shall not operate any closer than
300 feet to a residential or commercial structure not occupied or
controlled by the operator of the wood boiler. In no case shall a
wood boiler operate closer than 100 feet from the lot line of a parcel
having a residential or commercial structure not occupied or controlled
by the operator of the wood boiler.
(3)
Installation and maintenance. Outdoor wood boilers shall be installed,
maintained, and operated in conformance with manufacturer's specifications
and all other applicable laws.
(4)
Spark arrestor. All outdoor wood boilers shall be equipped with an
operable spark arrestor.
(5)
Smoke exhaust. The operator of outdoor wood boilers shall take all
reasonable measures to limit or avoid the flow of odors and smoke
to neighbors, the interference with the enjoyment of life and property,
damage to vegetation or property; and harm to human health. Measures
such as the provision of additional distance or the use of a smoke
stack should be considered by the operator.
(6)
Conflict with other laws. Nothing in this subsection shall authorize
burning which is prohibited by other applicable local, state or federal
laws or regulations.
