In addition to what is set forth in this article, there are additional standards and requirements within this chapter that apply to the following uses, including but not limited to the zoning districts in which these uses are allowed and bulk standards.
A. 
Findings and purpose. The Town of Johnstown has examined and reviewed studies conducted to assess the secondary effects of adult uses, and deems that such studies and their conclusions are relevant to the concerns and circumstances of the Town of Johnstown, primarily the protection of safety, community character, quality of life, and economic development. The Town hereby finds that the following regulations are necessary to lessen or prevent the adverse secondary effect of adult entertainment uses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative material, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the New York State and United States Constitutions, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their market.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
(1) 
"Adult use" shall be interpreted to mean only the following:
(a) 
ADULT BOOKSTORE — An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of sexual activities or anatomical areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with sexual activities. Adult bookstores shall not have enclosed viewing booths. For purposes of this subsection, substantial shall mean more than 40% of the building's sale floor area.
(b) 
ADULT CABARET — A nightclub, bar, restaurant, or similar establishment that routinely features live performances that are characterized by the exposure of anatomical areas or by specified sexual activities. Adult cabarets shall not have enclosed viewing booths.
(c) 
ADULT MOTION PICTURE THEATRE — An establishment where, for any form of consideration, films or motion pictures are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of sexual activities or anatomical areas. Adult motion picture theaters shall not have enclosed viewing booths.
(2) 
The following definitions are of uses prohibited from locating and/or operating in any district within the Town of Johnstown:
(a) 
ADULT HOTEL OR MOTEL — A hotel or motel or similar business establishment offering public accommodations for any form of consideration that:
[1] 
Provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by an emphasis upon the depiction or description or sexual activities or sexual activities or anatomical areas; and/or
[2] 
Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.
(b) 
ADULT MASSAGE PARLOR — An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered characterized by an emphasis on sexual activities or anatomical areas.
(c) 
ADULT MODELING STUDIO — An establishment whose primary business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
(d) 
ADULT SAUNA — A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, using steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on sexual activities or anatomical areas.
(e) 
SEXUAL ENCOUNTER ESTABLISHMENT — An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in sexual therapy.
C. 
Restrictions. Adult use establishments shall be permitted subject to the following restrictions:
(1) 
The establishment of any adult use shall be restricted to areas within the RA District.
(2) 
No more than one adult use establishment shall be located on any lot.
(3) 
Any adult use establishment shall be located no closer than within 2,500 feet of the parcel boundary of existing adult use establishment.
(4) 
No adult use establishment shall be located within 1,000 feet of the property line of a parcel on which is located a public or private school, day care facilities, public libraries, public parks and playgrounds, place of worship, community and youth recreation centers, cemeteries, and federal, state, or local registered historic sites.
(5) 
No adult use establishment shall be located within 1,000 feet of any single-family, two-family, or multiple-family dwelling, and any lawful accessory dwellings.
(6) 
The adult use shall be conducted entirely within an enclosed building, and no part of the adult use shall be visible from a public right-of-way.
(7) 
No outside displays or advertising other than an approved sign shall be allowed.
A. 
Intent. Agricultural produce stands are encouraged to promote the development of direct marketing to the public of agricultural goods locally produced and minimally processed. Agricultural produce stands may not interfere with traffic safety and shall not detract from the essential character of the zoning district in which it is located.
B. 
Permit required. The owner and operator of an agricultural produce stand shall adhere to all applicable rules and regulations governing the creation or modifications of structures for the proposed uses to be performed within the structure. Likewise, said owner shall obtain all applicable permits and licenses for food storage and handling for lawful operation of the stand. A building permit issued for said use shall indicate the hours of operation, the building construction and maintenance standards that must be adhered to in order for the permit to maintain its validity, the length of permit validity, applications, and fees shall be established by the Town.
(1) 
Signage. Signage on the premise shall conform with all applicable restrictions for the district in which the agricultural produce stand is located.
(2) 
Number of stands. A permit shall not be issued for more than one agricultural produce stand per parcel.
(3) 
Setbacks. Agricultural produce stands shall be set back not less than 20 feet from a public road right-of-way. All other setbacks pertaining to detached accessory buildings as set forth in this chapter shall be adhered to.
(4) 
Parking, ingress, and egress. Parking shall be provided such that it creates no reasonably foreseeable hazard for ingress and egress to the stand. Standard residential and farming driveways, gravel, and macadam surfaces are the preferred surfacing for parking.
C. 
No permit shall be required for agricultural produce stands that meet each of the following requirements:
(1) 
Is temporary, portable, and covers less than 150 square feet in area;
(2) 
Is able to operate without a utility connection;
(3) 
By reason of placement, does not interfere with or create a reasonably foreseeable danger to traffic;
(4) 
Provides sufficient space for safe traffic ingress, egress, and parking;
(5) 
Trash is properly disposed of and the stand area is maintained in a tidy manner.
Minimum requirements. In any district where permitted, aquaculture facilities shall conform to the following standards, which shall be regarded as minimum requirements:
A. 
State and federal requirements. Aquaculture facilities shall comply with all applicable NYSDEC other New York State regulations and applicable federal requirements.
B. 
Views. Any structures or outside storage areas shall be adequately screened from view of abutting properties.
C. 
Noise. The facility shall not emit noise in excess of 60 decibels at any adjoining property line. The Planning Board shall consider the potential impact on surrounding properties from the duration, pitch and frequency of use of the facility in reviewing an application for the special use permit.
D. 
Deliveries. Deliveries and shipments shall be kept to a minimum and should not exceed four deliveries and shipments per day. Impacts on local roads and residential areas shall be avoided or mitigated to maximum extent practicable.
E. 
Air pollution. Adverse air impacts shall be avoided or mitigated to the maximum extent practicable.
F. 
Setbacks. All facilities shall be located a minimum of 1,000 feet from the nearest residential structure not owned by the owner or operator of the facility.
G. 
Lot size. Aquaculture facilities shall not be located on a parcel less than five acres without an area variance.
H. 
Application notification. All owners of property located within 1,000 feet of the property upon which an aquaculture facility is proposed shall be notified of such application prior to a public hearing before the Planning Board.
I. 
Performance guarantee. No Certificate of Compliance shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board and it may consult with the Code Enforcement Officer, Town Attorney and other appropriate parties in making such determination.
A. 
Minimum requirements. In any district where permitted, auto body and service or repair garages shall conform to the following standards, which shall be regarded as minimum requirements:
(1) 
Setbacks. No service station shall be located within 250 feet of a single-family dwelling or within 500 feet of another service station.
(2) 
Storage. The storage of vehicles, vehicle parts, dismantled vehicles, or equipment and similar articles shall not be permitted within 20 feet of a residential parcel or in any required yard, landscaped, or buffer area, and shall be visually concealed as viewed from a public roadway or abutting residence. Old tires that are offered for sale may be placed outside during normal business hours but shall be stored in a rack. Old tires to be scrapped or sold for junk shall be stored either inside a building or screened from public view through any combination of landscaping, mounding or fencing to effectively screen stored materials. No material or merchandise shall be stored or allowed to accumulate to a height of more than the height of the effective screening.
(3) 
Vehicle storage. All motor vehicles on the premises shall carry a current registration or work order with a completion date not to exceed 90 days. Motor vehicles without valid registration and a work order shall be deemed junk, and may not be stored on the premise.
(4) 
Work conditions. All repair work is to be performed within a building. Automobiles waiting to be serviced or stored on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjuster inspection may be stored for a period of 30 days and shall be stored in the rear of the premises or visually concealed as viewed from a public roadway or abutting residence.
(5) 
Vehicle parking. No vehicles shall be parked, or left standing within 35 feet of a public road right-of-way.
(6) 
Setback for performances of services. All servicing shall be more than 50 feet from any lot line.
(7) 
Storage of waste materials. Until lawfully disposed of, all discarded parts, fluids, and similar waste shall be stored in an enclosed structure or fenced area so as not to be visible from adjacent residential properties. No such waste materials may be disposed of on the lot.
(8) 
Lighting. Exterior lighting proposed for the site shall be planned, erected, and maintained to not cast direct light or glare upon adjacent properties or upon any public right-of-way.
(9) 
Screening. An opaque or vegetative screening treatment shall be provided on all sides of the property that are adjacent to residential properties.
A. 
In any district where permitted as a special use, an auto dealership shall conform to the following standards, which shall be regarded as minimum requirements.
(1) 
Frontage. The lot frontage and width shall be at least 150 feet or the minimum frontage permitted in the district, whichever is greater.
(2) 
Parts and junk storage. All automobile parts, including tires and dismantled vehicles, are to be stored within a building or concealed from public view. Old tires that are offered for sale may be placed outside during normal business hours but must be stored on a rack. Old tires to be scrapped or sold for junk must be stored inside a building or visually concealed as viewed from a public roadway or abutting residence.
(3) 
Conduct of outdoor services. All repair work is to be performed within a building. Automobiles waiting to be serviced or stored on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjuster inspection shall be stored for a period not to exceed 30 days and shall be stored in the rear of the premise, visually concealed as viewed from a public roadway or abutting residence.
(4) 
Service area setbacks. All service sites shall be so arranged as to restrict all servicing on the premises to not less than 50 feet from any lot line. Insofar as possible, all repair and service work shall be accomplished indoors.
(5) 
Lighting. Exterior lighting proposed for the site shall be planned, erected, and maintained in such a manner that it will not cast direct light or glare upon adjacent properties or upon any public right-of-way. No light source shall be higher than 20 feet.
(6) 
Stock and storage setbacks. The storage of vehicles or equipment shall not be permitted within 20 feet of a residential district boundary or in any required yard, landscaped, or buffer area. All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or visually concealed as viewed from a public roadway or abutting residence.
(7) 
Merchandise signage. Each vehicle for sale is permitted one window sign that shall not exceed the dimensions of the window on which it is displayed. Such signage shall not count against the maximum aggregate area for all other permissible signs on the site. Merchandise signage requirements shall only apply to stock-in-trade which is stored outdoors and viewed from a public roadway.
A. 
In any district where allowed as a special use, a bed-and-breakfast shall conform to the following standards, which shall be regarded as minimum requirements.
(1) 
Establishment as residence. The owner of the bed-and-breakfast must reside in and continue to reside in the dwelling as their principal residence. The owner shall provide upon request a sworn statement certifying to such residency upon request of the Code Enforcement Officer.
(2) 
Guest rooms. The bed-and-breakfast shall be limited to a maximum of eight guest rooms.
(3) 
Parking. The applicant shall meet all requirements for the provision of off-street parking at the rate of one parking space per room. On-site parking shall be adequately screened from the neighboring properties.
(4) 
Telephones. A telephone shall be available for occupant use with emergency numbers and the address of the establishment posted.
(5) 
License to operate. A business license shall be required with each application and renewal.
(6) 
On premise businesses. No other on-site home-based business as defined in this chapter may be conducted on the premises. Off-site home-based businesses are permitted as of right in any district. Meals may be served to guests only and no meals may be served to the general public. As such, a public dining room or bar is expressly prohibited.
(7) 
Fire safety. The applicant shall comply with applicable State and local fire and building codes as required by the Uniform Building Codes. A smoke alarm and a household size fire extinguisher shall be present in each guest room.
(8) 
Signs. All signage for the premise shall comply with applicable sign regulations of the zoning district in which said establishment is located.
(9) 
Occupancy. Guest occupancy may not exceed 21 consecutive days.
(10) 
Additional conditions. The Planning Board shall have the right to impose and include any additional conditions it deems necessary to realize the purpose of this chapter.
B. 
In addition to the above criteria, bed-and-breakfasts located in the R-1 District are additionally required to meet these standards:
(1) 
Outside appearance. A bed-and-breakfast establishment exterior shall appear as any other single-family residence within the surrounding area.
(2) 
Parking. The total number of parking spaces will be determined based on applicable dimensional criteria provided in Article V, Parking. The ratio of one guest room per parking space will determine the maximum number of rental units (not including owner/operator parking or rooms) when applied to the available parking figures.
(3) 
On-site parking setbacks. On-premise parking areas for bed-and-breakfasts in this the R-1 District shall not be located within 15 feet of any residential property line.
A special use permit is required for the establishment of a car wash. In addition to all requirements put forth by the special use permit, the operator of said use shall adhere to the following conditions:
A. 
Conduct of services. All washing and machine-drying operations shall be conducted within a structure.
B. 
Ingress and egress. The building exit for automobiles shall be set back sufficiently from the nearest point of any right-of-way line, for purposes of safe ingress and egress.
C. 
Service area setbacks. No washing, vacuuming, steam-cleaning, waxing, polishing, nor machine-drying operation, nor building within which such operations are conducted, shall be permitted within 100 feet of a preexisting residential building.
D. 
Screening. All lot lines abutting residentially zoned or used property shall be screened by means of a solid masonry wall, opaque fence, or evergreen hedge of a design acceptable to the Planning Board. Such screen shall not be less than six feet nor more than eight feet in height and shall be maintained in good condition throughout the life of the use.
A. 
Purpose. The Johnstown Town Board recognizes that sand, gravel and rock resources within the Town arc an important and beneficial contribution to the economy of the Town and the welfare of its citizens. To provide utilization of these resources in a manner compatible with nearby residential areas and to ensure restoration of commercial extraction areas at the conclusion of operations in such a manner as to conform to the Town Master Plan, this section is hereby established:
B. 
Special use permit required. Except when incidental to permitted construction activities on the same lot or associated with an agricultural use, the excavation, processing and sale of topsoil, sand, gravel, clay or other natural mineral deposit or the quarrying of any kind of rock formation for commercial purposes, is subject to a special use permit by the Planning Board.
C. 
Permit requirements. Before issuing a permit for such use the Planning Board shall find that such excavation or quarrying will not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason or excessive dust, noise, traffic congestion or other condition. The Planning Board may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit, including the following:
(1) 
The plans showing the slope of material in such topsoil, sand, gravel, clay or other pit are to be prepared by a licensed New York State Engineer based on detailed soils analysis.
(2) 
The top and the base of such slope shall not be nearer than 50 feet to any property line nor nearer than 100 feet to the right-of-way line of any street or highway.
(3) 
All commercial excavation will require the construction and maintenance of a security fence a minimum of 40 feet from all operations. Also any excavation with 250 feet of a high wall, street or road are to be protected with highway control barriers, a minimum of 40 feet from the excavation.
(4) 
Restoration and rehabilitation of the commercial excavation area shall be a continuing operation during each year and the area quarried shall be regraded and drained so as to assure conformance with the public health, safety and welfare. Approvals by the New York State Department of Environmental Conservation for all phases of the permit are to be provided to the Town.
(5) 
A copy of the required performance bond is to be provided for the Town records.
(6) 
All mining shall be in compliance with the New York State Mining Reclamation Act.
A. 
Special use permit required. A special use permit shall be required for any animal feeding operation which meets the requirements of this section.
B. 
Definition. Concentrated Animal Feed Operation or CAFO is an animal feeding operation which meets the following requirements:
(1) 
New and existing operations which stable or confine and feed or maintain for a total of 45 days or more in any twelve-month period, more than the numbers of animals specified in any of the following categories:
(a) 
One thousand slaughter or feeder cattle;
(b) 
Seven hundred mature dairy cattle (whether milkers or dry cows);
(c) 
Two thousand five hundred swine weighing over 55 pounds each;
(d) 
Five hundred horses;
(e) 
Ten thousand sheep or lambs;
(f) 
Fifty-five thousand turkeys;
(g) 
One hundred thousand laying hens or broilers when the facility has unlimited continuous flow watering systems;
(h) 
Thirty thousand laying hens or broilers when facility has liquid manure handling system;
(i) 
Five thousand ducks;
(j) 
One thousand animal units from a combination of slaughter steers and heifers, mature dairy cattle, swine over 55 pounds and sheep.
C. 
New and existing operations that discharge into navigable waters either through a man-made ditch, flushing system, or other similar man-made device, or directly into surface waters of the State of New York, and which stable or confine and feed or maintain for a total of 45 days or more in any twelve-month period, more than the numbers of animals specified in any of the following categories:
(1) 
Three hundred slaughter or feeder cattle;
(2) 
Two hundred mature dairy cattle (whether milkers or dry cows);
(3) 
Seven hundred fifty swine weighing over 55 pounds;
(4) 
One hundred fifty horses;
(5) 
Three thousand sheep or lambs;
(6) 
Sixteen thousand turkeys;
(7) 
Thirty thousand laying hens or broilers when the facility has unlimited continuous flow watering systems;
(8) 
Nine thousand laying hens or broilers when facility has liquid manure handling system;
(9) 
One hundred fifty ducks;
(10) 
Three hundred animals from a combination of slaughter steers and heifers, mature dairy cattle, swine over 55 pounds and sheep.
D. 
CAFO requirements. In any zoning district where CAFOs are allowed pursuant to the Schedule of Uses attached, such use shall only be allowed upon review and issuance of a special use permit and site plan approval and shall meet the following requirements:
(1) 
The parcel devoted to a CAFO must have a minimum of 50 acres;
(2) 
The required buffer between any aspect of a CAFO and the parcel boundary line shall be 300 feet;
(3) 
CAFOs must comply with the NYSDEC regulations for discharge permits;
(4) 
A plan for best management of animal waste products must be submitted as part of the special use permit or site plan application.
A. 
Home occupation, on site service. An on-site home occupation, as defined in this chapter, may be permitted in any zoning district and shall be subject to the conditions of a special use permit. Such use shall conform to the following criteria, which shall be minimum requirements:
(1) 
Maximum floor area. No more than 15% of the total floor area of a dwelling unit or 500 square feet, which ever is less, may be used for such use.
(2) 
Conduct of services. The use shall be conducted wholly within the enclosing walls of the dwelling unit or accessory building.
(3) 
Signage. There shall be no external evidence of such use except for one sign not exceeding two square feet. The area of such signage shall count towards the total aggregate signage are for the premise. Such signs shall not emit any flashing or intermittent illumination.
(4) 
Residential appearance. No external structural alterations, which are not customary to a residential building, shall be allowed.
(5) 
On-site wholesaling and retailing prohibited. Any form of business whose primary function is the wholesale or retail sale of goods or articles from the premises shall not be considered a home occupation.
(6) 
Traffic. The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
(7) 
Additional conditions. Such uses shall also be subject to any other conditions the Planning Board deems necessary to meet the intent of these requirements.
B. 
Home occupation, off site service. Off-site home based business, as defined in this chapter, shall conform to the standards established in Subsection A, above, and are not required to obtain a special use permit for this use.
A. 
Purpose. The purpose of this section shall be to promote the health, safety, and general welfare of the community, including the protection and preservation of the property of the Town of Johnstown and its inhabitants, by establishing specific requirements and regulations governing the siting and operation of junkyards.
B. 
Restrictions. Junkyards shall be permitted subject to the following restrictions:
(1) 
The establishment of any junkyard shall be restricted to areas within the RA District.
(2) 
Any junkyard shall be located no closer than within 2,500 feet of the parcel boundary of existing junkyard.
(3) 
No junkyard shall be located within 1,000 feet of the property line of a parcel on which is located a public or private school, day care facilities, public libraries, public parks and playgrounds, place of worship, community and youth recreation centers, cemeteries, and federal, state, or local registered historic sites.
(4) 
No junkyard shall be located within 1,000 feet of any single-family, two-family, or multiple-family dwelling, and any lawful accessory dwellings.
(5) 
No part of the junkyard shall be visible from a public right-of-way.
A. 
Purpose. The purpose of this section shall be to promote the health, safety, and general welfare of the community, including the protection and preservation of the property of the Town of Johnstown and its inhabitants, by establishing specific requirements and regulations governing the occupancy and maintenance of mobile homes, mobile home parks, travel trailers and trailer camps.
B. 
Permit required. No person, partnership, association or corporation being the owner or occupant of any land within the Town of Johnstown shall use or allow the use of such land for a mobile home park or trailer camp unless a permit has been obtained as herein provided.
C. 
Issuance of permit. The Code Enforcement Officer of the Town of Johnstown shall issue a permit, to be effective from the day of issuance. This permit shall not be issued by the Town Code Enforcement Officer until the CEO has received:
(1) 
A written application from the applicant.
(2) 
The required fee as herein provided.
(3) 
Approval of the application by the New York State Department of Health District Office.
(4) 
Approval of the mobile home park plans by the Planning Board.
D. 
Nontransferable. A permit issued pursuant to this section shall not be transferable or assignable.
E. 
Supplemental permit. Any person holding a permit for mobile home park or trailer camp and desiring to add additional lots to such park or camp shall file an application for a supplemental permit. The application for such supplemental permit shall be accompanied by 10 complete sets of plans and specifications as required by Subsection I, Application Data, hereafter. The application for a supplemental permit shall be filed and handled according to the procedure established in this section. When approved and upon receipt of the required fee, the Code Enforcement Officer of the Town shall issue a supplemental permit, which shall be effective from the date of issuance.
F. 
Permit fees. The annual fee for a mobile home park Permit shall be set by the Town Board.
G. 
Enforcement. The Code Enforcement Officer of the Town of Johnstown shall enforce all of the provisions of this section. Such Code Enforcement Officer shall have the right, at all times, to enter and inspect any mobile home park, trailer camp and other premises used for the parking or placement of a mobile home.
H. 
Application procedure. An applicant for a permit issued pursuant to this section shall adhere to the procedures enumerated hereunder.
(1) 
Referral to county. An application for a mobile home park or trailer camp permit shall be submitted to the Fulton County Planning Department at least seven days in advance of a regularly scheduled Planning Board meeting. Each application for a mobile home park or trailer camp shall be made in writing and signed by the applicant. Attached to said application shall be 10 copies of a proposed mobile home park or trailer camp site plan which has been prepared by a licensed engineer or surveyor.
(2) 
Review by Planning Board. The Planning Board shall review the general arrangement of the mobile home park or trailer camp. This shall include a review of: location and width of streets; the location, size and arrangement of lots; the location of other structures within the park or camp; the location of entrances and exits; and the location, type and extent of landscaping and screening materials. If the applicant fails to submit sufficient information to the Planning Board, said application shall be deemed incomplete and returned to the applicant. Once an application is determined to be complete, the Planning Board shall set a date for a public hearing.
(3) 
Public hearing. The Planning Board shall fix a time within 62 days from the day the Planning Board determines an application for a mobile home park or trailer camp permit to be complete, for a public hearing on the application. A public notice of such hearing shall be published in the Town's official newspaper at thereof. Within 62 days after such public hearing the Planning Board shall approve, approve with modifications or disapprove the application for a mobile home park or trailer camp permit. Failure of the Planning Board to act on such matter within 62 days shall constitute approval of the application.
(4) 
Decision. The written decision of the Planning Board on an application for a mobile home park or trailer camp permit shall be immediately filed in the office of the Town Clerk, the Town Code Enforcement Officer and a copy thereof mailed to the applicant.
I. 
Application data. The following information shall be provided by the applicant for permits issued pursuant to this section:
(1) 
The name and address of the applicant; or the name and address of each partner if the applicant is a partnership; or the name and address of each officer and director if the applicant is an association or corporation.
(2) 
The location and description of the land that is proposed to be used as a mobile home park or trailer camp.
(3) 
The number of lots to be provided in such park or camp.
(4) 
Topographic contours at two-foot intervals.
(5) 
Location of watercourses, NYS DEC classified streams, marshes, legal wetlands and areas subject to flooding.
(6) 
Wooded areas.
(7) 
A location map which shows all land within 300 feet of the proposed park or camp and all structures on the land which abuts the proposed park or camp.
(8) 
The location, name and widths of all adjacent streets.
(9) 
The location of all water lines and utilities within and adjacent to the proposed site.
(10) 
The location and widths of all entrances, exits, streets and walkways.
(11) 
The location, size and arrangement of each lot within the park.
(12) 
The method and plan for electric lighting.
(13) 
The location and plan of all proposed structures and improvements.
(14) 
Any proposed grading and plans for landscaping.
(15) 
Any proposed stormwater drainage.
(16) 
Any proposed utilities.
(17) 
Any public improvements proposed by the Town in or adjoining the proposed park.
(18) 
Existing zoning.
(19) 
Any proposed signage.
J. 
Requirements for mobile home parks. The following standards and requirements shall be adhered to or secured by permittee:
(1) 
Site.
(a) 
The park shall be located in areas where grades and soil conditions are suitable for use as mobile home sites.
(b) 
The park shall be located on a well-drained site which is properly graded to ensure rapid drainage and be free at all times from stagnant pools of water.
(c) 
The park shall be free from heavy or dense growth of brush and woods.
(d) 
The park shall be at least two acres in size and shall have 100 feet of frontage on a public road.
(2) 
Mobile home lot.
(a) 
Each mobile home park shall be marked off into mobile home lots.
(b) 
The total number of mobile home lots in a mobile home park shall not exceed six per gross acre.
(c) 
Each mobile home lot shall have a total area of not less than 5,000 square feet with a minimum dimension of 50 feet.
(3) 
Mobile homes.
(a) 
No mobile home shall be parked or otherwise located nearer than a distance of:
[1] 
At least 25 feet from an adjacent mobile home in any direction.
[2] 
At least 30 feet from an adjacent property line.
[3] 
At least 100 feet from the right-of-way line of a public street or highway, unless by special use permit.
[4] 
At least 10 feet from the nearest edge of any roadway located within the park.
(4) 
Mobile home stand.
(a) 
Each mobile home lot shall have a mobile home stand which will provide for the practical placement on and removal from the lot of both the mobile home and its appurtenant structures and the retention of the home on the lot in a stable condition.
(b) 
The stand shall be of sufficient size to fit the dimensions of the anticipated mobile homes and their appurtenant structures or appendages.
(c) 
The stand shall be constructed of an appropriate nonporous material which is durable and adequate for the support of the maximum anticipated loads. Minimum accepted standard would be a six inches concrete monolithic pad reinforced per American Concrete Institute Standards.
(d) 
The stand shall be suitably graded to permit proper surface drainage.
(e) 
All mobile homes to be provided with fill skirting or equal per National Manufacturers Home Standards.
(5) 
Accessibility.
(a) 
Each mobile home park shall be easily accessible from an existing public highway or street.
(b) 
Where a mobile home park has more than 16 mobile homes, 2 points of entry and exit shall be provided, but in no instance shall the number of entry and exit points exceed four. Such entrances and exits shall be designed and strategically located for safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on a public highway or street.
[1] 
All entrances and exits shall be essentially at right angles to the existing public highway or street.
[2] 
All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway or street.
[a] 
All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.
[3] 
Each park shall have improved streets to provide for the convenient access to all mobile home lots and other important facilities within the park. Streets shall be improved to at least meet minimum Town Highway Department specifications less pavement. Shoulders on both sides shall be widened to not less than five feet and adequate drainage facilities shall be provided.
[a] 
The street system shall be so designed as to permit safe and convenient vehicular circulation within the park.
[b] 
Streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.
[c] 
All streets shall intersect essentially at right angles.
[d] 
All streets shall have the following minimum widths:
[e] 
One-way traffic movement, 12 feet.
[f] 
Two-way traffic movement, 20 feet.
[g] 
Except in cases of emergency, no parking shall be allowed on such streets.
(6) 
Parking.
(a) 
One off-street parking space shall be provided on each mobile home lot. The parking space shall be of similar construction and grading as the mobile streets. Such space shall have a minimum width of nine feet and a minimum length of 30 feet.
(b) 
Additional off-street parking spaces shall be provided at strategic and convenient locations for guests and delivery and service vehicles.
(c) 
There shall be one such parking space for each two mobile home lots within the park.
(d) 
Such parking space shall be provided in bays which shall provide for adequate maneuvering space.
(7) 
Utilities and service facilities. The following utilities and service facilities shall be provided in each mobile home park, which shall be in accordance with the regulations and requirements of the Town of Johnstown, the New York State Department of Health and the Sanitary Code of the New York State Department of Environmental Conservation:
(a) 
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all mobile home lots and buildings within the park to meet the requirements of the park. Each mobile home lot shall be provided with proper water connections.
(b) 
Each mobile home lot shall be provided with a sewer, which shall be connected to the mobile home situated on the lot, to receive the waste from the shower, tub, flush toilets, lavatory and kitchen sink in each home. The sewer shall be connected to a public or private sewer system so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed as to prevent the emission of any odors and the creation of breeding places for insects.
(c) 
Metal garbage cans with secure and snug covers shall be provided in quantities adequate to permit the disposal of all garbage and rubbish. The cans shall be kept in sanitary condition at all times. The cans shall be located no further than 200 feet from any mobile home lot. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that such cans shall not overflow.
(d) 
Service buildings shall be provided as deemed necessary for the normal operation of the park; however, such buildings shall be maintained by the owner or manager of the park in a clean, tidy and sanitary condition.
(e) 
Each mobile home lot shall be provided with weatherproof electrical service connections and outlets which arc a type approved by the New York State Board of Fire Underwriters.
(8) 
Open space. Each mobile home park shall provide common open space for use by the occupants of such park. Such open space shall be conveniently located in the park. Such space shall have a total area equal to at least 10% of the gross land area of the park.
(9) 
Landscaping. Lawn and ground cover shall be provided on those areas not used for the placement of mobile homes and other buildings, walkways, roads and parking areas. Planting shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade and a suitable setting for the mobile homes and other facilities.
(a) 
Screen planting shall be provided to screen objectionable views. Views which shall be screened include laundry facilities, other nonresidential uses, garbage storage and collection areas and all abutting yards of adjacent properties.
(b) 
Other planting may be required along those areas within the park which front upon existing public highways and streets to reduce glare and provide pleasant outlooks for the living units.
(10) 
Property maintenance. Each stand or lot shall be maintained in an orderly manner. The use of a storage shed not to exceed 144 SF on each stand or lot shall be required for the storage of equipment and other personal property.
(11) 
Recording. The owner or operator of each mobile home park shall keep a written record of all persons occupying or using the facilities of such park. This record shall be available for a period of at least one year from date of occupancy. This record shall include:
(a) 
The name and address of the occupant of each mobile home.
(b) 
The name and address of the owner of each mobile home which is not occupied by same owner.
K. 
Travel trailers in mobile home parks. The placement and use of travel trailers shall adhere additionally to the conditions contained hereunder.
(1) 
Conform with mobile home park standards. All travel trailers which are to be placed on the same lot of record with mobile homes shall be arranged into a trailer camp in a manner as defined in this section. All mobile homes on such land parcel shall be arranged into a mobile home park as defined in this chapter. Travel trailers shall not be occupied for more than six months of the year.
(2) 
Separate physical location. When a trailer camp and mobile home park are to be combined on the same legal parcel of land, such trailer camp and mobile home park shall have separate physical locations on the parcel of land.
(3) 
Mobile home park. When the parcel of land is divided for mobile home park and trailer camp uses, the provisions contained in Section J, Requirements for mobile home parks, above shall apply to that portion of the land to be used as a mobile home park, except as herein provided.
(4) 
Trailer camp. When the parcel of land is divided for mobile home park and trailer camp uses, the provisions contained in § 84-44, Travel Trailer and RV Parks, shall apply to that portion of the land to be used for a travel trailer park, except as herein provided.
(5) 
Minimum parcel size. The parcel of land which is to provide for both a mobile home park and trailer camp shall be at least four acres in size.
(6) 
Location on lot of record. Where practicable, that portion of the land to be used as a trailer camp shall be located adjacent to a public highway or street. Where practicable, the trailer camp and the mobile home park shall each have separate points of entry and exit. Where the parcel of land fronts on two or more existing public highway of streets, the trailer camp shall be located adjacent to the public highway or street that is most heavily traveled.
(7) 
Buffers. The trailer camp and mobile home park shall be physically separated by a parcel of land at least 15 feet in width along all areas where the trailer camp abuts the mobile home park. Such parcel of land shall be properly landscaped with appropriate planting materials so that the view of such trailer camp from the mobile home park is adequately screened.
L. 
Revocation of permits.
(1) 
Written order. If the Code Enforcement Officer finds and reports to the Town Board that a mobile home park or a trailer camp for which a permit has been issued is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this section, the Town Board may, by resolution, authorize the delivery to the holder of the permit of a written order which will require said holder to correct the conditions specified in such order within 10 days after the service of such order.
(2) 
Revocation of permit. If the holder of such permit refuses or fails to correct the condition or conditions specified in such order within 10 days after the personal service of such order, the Town Board may, by resolution, revoke such permit and the holder of the permit shall thereupon terminate the operation of such mobile home park or trailer camp.
(3) 
Correction of violations. However, if the owner or operator of such mobile home park or trailer camp shall thereafter correct such conditions and bring the mobile home park or trailer camp into compliance with this section, such owner may then apply for the issuance of a new permit for such park or camp, and if the application is approved and a permit is granted, the applicant shall pay to the Town Clerk the fee required by this section without any credit for the fee paid for the permit which was revoked.
M. 
Exceptions. No provision of this section shall apply to the following activities or uses:
(1) 
Sales. The business of mobile home or travel trailer sales, except that where units are used as living quarters, they shall conform to the provisions of this section.
(2) 
Storage or garaging. The storage or garaging of travel trailers not being used for living or sleeping purposes within a building or structure, or the storage of one unoccupied mobile home or travel trailer on premises occupied as the principal residence by the owner of such mobile home or travel trailer; provided, however, that such unoccupied mobile home or travel trailer shall not be parked or located between the street line and the front building line of such premises.
(3) 
Field office. A mobile home or travel trailer located on the site of a construction project, survey project or other similar work project and which is used solely as a field office or work or tool house in connection with such project, provided that such mobile home or travel trailer is removed from such site within 30 days after the completion of such project.
(4) 
Modular homes. Modular homes as defined in this chapter, and which has a minimum width of 18 feet for its entire length and contains a minimum of 720 square feet of usable living space.
A. 
Permit required. No person being the owner or occupant of any land within the Town of Johnstown shall use or allow the use of such land for a riding academy or the stabling of horses, ponies, or both unless a permit has been obtained. Refer to § 84-18, Animal Husbandry, for additional requirements. Also see the definition of "animal husbandry" in this chapter.
B. 
Standards for riding stables and academies. The following minimum standards shall apply to all riding stables and academies subject to this section:
(1) 
Stabling. Any animal or animals must be housed in or have access to a garage, barn, stable or shelter conforming to this chapter. They must be properly fenced or on a leash at all times while on the property and when not confined. There must be no offensive fumes, odors or vermin or conditions otherwise detrimental to the public health or safety.
(2) 
Setbacks of stables. Stables and similar shelters shall conform with setbacks established for accessory buildings.
(3) 
Interference with drainage. There must be no interference with drainage to the extent of being injurious to streams, adjacent land, or buildings.
(4) 
Designated trails. Designated trails shall not cross a public way, road, street or highway unless by prior approval of the Planning Board.
(5) 
Lighting. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled for such facilities. All lighting shall be so located as not to be visible at the source from any adjoining property.
(6) 
Preexisting structures. The use of existing barns and structures is to be encouraged. Such existing buildings will be exempt from applicable setback requirements.
(7) 
Animal waste. Refer to Appendix A - Use Table for the Zoning Districts where manure is allowed to be stored. Provisions shall be made for removal or handling of manure in such a manner that does not pollute ground or surface water or create a public nuisance. Storage of manure shall not be closer than 100 feet from any property line and shall also be completely screened from adjoining property and public roads.
(8) 
Foals over six months. The applicant shall be permitted to regularly maintain no more than 10 horses over six months old on the premises for the first 10 acres of contiguous property owned by the applicant. The keeping of an additional one horse over six months old shall be permitted for each additional 1/2 acre of contiguous property in excess of 10 acres owned by the applicant.
(9) 
Impacts on water supplies. In reviewing any application for a stable or riding academy, the Planning Board shall consider the drainage, percolation and topography of the proposed site and its proximity to public or private water supplies.
C. 
Special use permit considerations. In granting any special use permit pursuant to this chapter for a riding stable or academies, the Planning Board shall consider the frequency of events, hours during which events may be permitted, the maximum number of people that may be expected to attend such events, provisions for crowd and traffic control and intrusiveness of noise upon neighboring residences, including the nature of and decibel level of sound amplifications systems.
A. 
Events. All public events shall require Town Board approval when one or more of the following apply:
(1) 
When 1,000 or more people are expected to attend;
(2) 
When any public road way is to be used as part of the event;
(3) 
When the event is conducted on any lake.
B. 
Application and review. Prior to the event, a completed event application shall be submitted to the Town Board requesting approval. The Town Board may forward the application to the Planning Board for guidance. A decision on the application shall be made within 62 days of receipt of the application.
C. 
Standards. The event shall provide adequate sanitations facilities, sufficient parking and crowd control measures as determined by the Planning Board.
D. 
Issuance of permit. Upon approval of the Town Board, the Code Enforcement Officer has the authority to issue the event permit.
E. 
Disapproval of permit. Upon disapproval of the event permit, the Town Board shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny the event permit to the applicant. The Town Board shall also notify the applicant in writing within five business days of its decision and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk.
A. 
Purpose. The requirements of this article are established for the purpose of allowing the residents and businesses of the Town to use small wind energy systems to harness wind energy for individual properties in order to reduce consumption of off-site energy while protecting the public health, safety, and general welfare. Small wind energy systems shall be subject to a special use permit, as established in this chapter and section.
B. 
Definitions. The following terms whenever used in this section shall have the meanings as set forth below. 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. In this section, any references to a governmental agency, official, or entity, shall also include any subsequent name designation, successors in interest or in jurisdiction.
FAA
The Federal Aviation Administration of the United States Department of Transportation.
GUY CABLE
Any cable or wire that extends from a small wind energy system for the purpose of supporting the system structure.
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of one or more single wind turbines, one or more towers, and associated control or conversion electronics that generates power for an individual property for the purpose of reducing on-site energy consumption. A system designed to produce in excess of 100 kilowatts of capacity shall not be considered a small wind energy system.
SYSTEM
A small wind energy system.
SYSTEM HEIGHT
The height above grade of the highest point of the arc of the blades.
TOWER
The upright portion of a small wind energy system to which the primary generator devices are attached.
C. 
Application for special use permit.
(1) 
An approved special use permit for a small wind energy system shall be required prior to submitting an application for a building permit of said system when one or more of the following is true:
(a) 
The system height is greater than the maximum height of building limitations described in Appendix B for each zoning district;
(b) 
The parcel on which the system is to be located is smaller then four acres;
(c) 
The parcel on which the system is to be located does not contain an existing lawful residence, institution, or business;
(d) 
The system is to be mounted on an existing or proposed building.
(2) 
An approved special use permit shall identify and fix the location of the proposed system.
(3) 
All parts of the structure of a small wind energy system, including the tower, base, footings, and turbine but excluding guy cables and their anchors, shall be set back a distance of not less than 110% of the system height from all adjacent property lines and a distance of not less than 150% of the system height from any inhabited structure, road right-of-way, railroad right-of-way, and right-of-way for overhead electrical transmission or distribution lines. Guy cables and their anchors shall meet the setback requirements as established in this chapter for accessory structures in the zoning district in which the system is proposed to be located.
D. 
Review considerations. In addition to the requirements enumerated in Subpart E, the Planning Board shall consider the following in assessing adverse impacts to the public health, safety, and welfare:
(1) 
The height of the system relative to the size of the parcel on which the system is proposed to be located;
(2) 
The need for the proposed height of the system in order to allow the system to operate effectively;
(3) 
The visual impacts of the system on adjacent properties and the general area in which the system is proposed to be located;
(4) 
The building density of the general area in which the system is proposed to be located;
(5) 
Whether a substantial adverse effect on public safety will result from the height of the system or some other aspect of the system's design or proposed construction;
(6) 
The existing uses on adjacent and nearby properties.
E. 
Application for building permit. A building permit application shall only be considered after approval of a site plan for the small wind energy system. The building permit application for said use shall be accompanied by information, designs, and measures that conform with the following provisions:
(1) 
Purpose. A small wind energy system shall only be used to reduce consumption of off-site energy and shall be used primarily to power on-site facilities and uses. Unused surplus electricity generated through a small wind energy system may be lawfully supplied, with or without compensation, to an off-site electric grid.
(2) 
Noise. The small wind energy system shall not exceed a noise level of 60 decibels as measured at the closest property line and under typical operating conditions. The noise level may be exceeded during short-term events such as utility outages and/or severe wind storms.
(3) 
Building code compliance. Building permit applications shall be accompanied by standard drawings of the system structure, including the tower, base, footings, and guy cables. An engineering analysis of the tower showing compliance with the Uniform Statewide Building Code and certified by a licensed professional engineer also shall be submitted. This analysis may be supplied by the manufacturer.
(4) 
Electric code compliance. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components of the system showing compliance with the National Electric Code and certified by a licensed professional engineer. This information may be supplied by the manufacturer.
(5) 
Notifications regarding aircraft. Small wind energy systems shall comply with all applicable regulations of the FAA, including any necessary approvals for installations close to airports. The applicant has the responsibility of determining the applicable FAA regulations and securing all necessary reviews and approvals.
(6) 
Local utility company notification. If a small wind energy system is to be connected to an off-site utility service provider, the applicant shall notify the electric utility service provider of the applicant's intent to install an interconnected customer-owned electricity generator no later than five business days prior to submitting a building permit application. Copies of letters must be included in the building permit application.
(7) 
Minimum distances. The distance between any protruding blades utilized on a small wind energy system and the ground shall be a minimum of 15 feet as measured at the lowest point of the arc of the blades. The distance between the lowest point of the arc of the blades and the peak of any structure within 150 feet of the blade arc shall be a minimum of 10 feet.
(8) 
Radio and television signals. The small wind energy system shall not cause any electromagnetic interference with communications signals, such as radio, television, microwave, or navigation signals. If a signal disturbance problem is identified, the applicant shall correct the problem within 60 days of being notified of the problem.
(9) 
Appearance. The small wind energy system shall maintain a galvanized neutral finish or be painted to conform the system color to the surrounding environment to minimize adverse visual effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, and other decorative items that extend from any part of the system placed on it at any time.
(10) 
Repair. A small wind energy system that is not functional shall be repaired by the owner or removed. In the event that the Town becomes aware of any system that is not operated for a continuous period of three months, the Town will notify the landowner by registered mail and provide 30 days for a written response. The written response shall include reasons for the operational difficulty, the corrective actions to be performed, and a reasonable timetable for completing the corrective actions. If the Town deems the proposed corrective actions, the timetable for completing corrective actions, or both as infeasible or unreasonable, the Town shall notify the landowner and such landowner shall remove the turbine within 120 days of receiving said notice.
(11) 
Removal upon end of useful life. When a system reaches the end of its useful life and can no longer function as originally designed, the owner of the system shall remove the system within 120 days of the day on which the system last functioned. The owner shall be responsible for the removal of the system and all costs, financial or otherwise, of system removal.
(12) 
Fencing. The tower shall be enclosed with a fence of at least eight feet in height or the base of the tower shall not be climbable for a distance of 12 feet measured from the base of the tower.
(13) 
Height. The applicant shall provide evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
(14) 
Required safety features. The small wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
F. 
Construction and operation. Any building permit issued pursuant to this article shall allow the owner or operator to operate the system in a manner that does not exceed the provisions established pursuant to this article and any conditions enumerated in an approved site plan.
G. 
Application and fees. All applications and fees for administration and enforcement of this article shall be established by the Town.
Minimum standards. In any district where permitted, sawmills shall conform to the following standards, which shall be regarded as minimum requirements:
A. 
Views. Any structures or outside storage areas shall be adequately screened from view of abutting properties.
B. 
Noise. The facility shall not emit noise in excess of 60 decibels (comparable to the decibel level of normal conversation at 3-5 feet) at any adjoining property line. Operations shall seek all possible techniques to minimize noise impacts, including, but not limited to locating machinery within an enclosed structure. The applicant may be required to demonstrate that the facility is not exceeding the maximum allowed decibel level. The Planning Board shall consider the potential impact on surrounding properties from the duration, pitch and frequency of use of the facility in reviewing an application for the special use permit.
C. 
Hours of operation. The Planning Board shall condition the hours and days of operations taking into consideration the facilities location and surrounding uses.
D. 
Deliveries. Deliveries and shipments shall be kept to a minimum and should not exceed four deliveries and shipments per day. Impacts on local roads and residential areas shall be avoided or mitigated to maximum extent practicable.
E. 
Dust and air pollution. Dust shall be controlled in an appropriate manner and shall not be permitted to cross the property line. Adverse air impacts shall be avoided or mitigated to the maximum extent practicable.
F. 
Setbacks. The sawmill operation shall be located no less than 1,000 feet from any abutting residential structure not owned by the sawmill operator or landowner and in existence at the time the sawmill operation was established.
G. 
Application notification. All property owners of property located within 1,000 of the property upon which a sawmill operation is proposed shall be notified of such application prior to a public hearing before the Planning Board.
H. 
Lot size. Sawmill operations shall not be located on a parcel less than 15 acres without an area variance.
A. 
Minimum standards. Travel trailer or recreational vehicle park shall require a special use permit. The following development and maintenance standards shall be considered minimum.
(1) 
Driveways. All travel trailer or RV parks shall have interior driveways service each travel trailer or recreational vehicle space, such driveways being not less than 24 feet in width.
(2) 
Minimum space. Each travel trailer or recreational vehicle space in such park shall contain a minimum of 1,800 square feet of area, and shall be at least 45 feet in width, and shall front upon a driveway.
(3) 
Separation distances. Travel trailers or RVs shall be placed on a designated space in such a manner that there will be not less than 15 feet of separation between travel trailers or RVs on adjacent spaces.
(4) 
Connections and facilities. Each travel trailer or RV park shall provide, at a minimum, the following:
(a) 
An electrical outlet capable of supplying 4,000 watts at 110 - 220 volts at each travel trailer or RV space.
(b) 
Hookup apparatus for connection to sewerage or disposal system within the park;
(c) 
Faucet or bibcock connected to a water supply system within the park; and
(d) 
At a minimum, a public rest room containing a toilet, sink and shower shall be provided at each park.
(5) 
Service buildings. Service buildings that house sanitation and/or laundry facilities or any other such facilities shall be permanent structures constructed in accordance will all applicable codes and law of the Town of Johnstown.
(6) 
Lighting. Each travel trailer or RV park shall be provided with a means of security lighting. All toilet and shower buildings and facilities shall be provided with sufficient lighting facilities, which shall be kept lighted during the time 1/2 hour after sunset and one-half hour before sunrise. All lights on the premise shall be fully shielded fixtures and no light shall be visible from the source by abutting parcels.
(7) 
Management.
(a) 
The name of the person with direct management responsibility of the travel trailer or RV park shall be filed for reference with the Town Code Enforcement Officer, who shall be notified within 10 days of any changes of said person. It shall be the responsibility of the owner and operator of the premise to take such measures as may be deemed to be necessary by the Town CEO to protect and promote the health, safety, and welfare of patrons and the general public.
(b) 
Not more than one travel trailer or RV shall occupy a space within such park.
(c) 
No permanent addition or structure shall be built onto or become part of any travel trailer or RV located within the park.
(d) 
The maximum duration of stay by any travel trailer, RV, or individual shall be six months. This shall not apply to a permanent on-premise residence for management and the owner of record for the parcel.
(e) 
All facilities, connections, and travel surfaces shall be maintained in good operating condition.
A. 
Travel trailers. Travel trailers are not permitted to be occupied for more than six months in one year when located outside of a mobile home park or trailer camp.
[Added 9-18-2023 by L.L. No. 3-2023]
A. 
Purpose. The requirements of this section are established for the purpose of allowing the development of solar farms in certain zoning districts within the Town and to provide standards for the placement, design, construction, operation, monitoring, modification and removal of these systems.
B. 
Applicability. The standards found in this section are applicable to "solar farms" as defined in Article 15 of this Zoning Ordinance. The term "solar farm" shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating or generating electricity for a residential property. The term "solar farm" shall also not be construed in such a way as to prohibit the installation or mounting of a series of one or more solar collectors upon the roofs of residential and/or commercial structures regardless of whether the said series of one or more solar collectors collectively has a total nameplate generation of at least 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency.
C. 
Solar farms allowed. Solar farms shall be permitted only in the Residential Agricultural (RA), Agricultural Use Zone (AUZ) and the Manufacturing One (M-1) Zoning Districts and are subject to special use permit requirements. Solar farms are not permitted in any other zoning district in the Town.
D. 
Special use application information/materials. In addition to any other information or materials required to be submitted in furtherance of a special use permit elsewhere in the Town Code, an applicant seeking a special use permit under this chapter shall submit the following:
(1) 
Blueprints or drawings of the solar photovoltaic installation signed by a licensed professional engineer showing the proposed layout of the system and any potential shading from nearby structures.
(2) 
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures.
(3) 
A description of the solar farm facility and the technical, economic and other reasons for the proposed location and design shall be prepared and signed by a licensed professional engineer.
(4) 
Confirmation prepared and signed by a licensed professional engineer that the solar farm complies with all applicable federal and state standards.
(5) 
One or three line electrical diagram detailing the solar farm layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over-current devices.
(6) 
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter.
(7) 
An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
(8) 
Information on noise (inverter) and reflectivity/glare of solar panels and identify potential impacts to abuttors.
E. 
Minimum requirements. In any district in which solar farms are permitted, the development shall conform to the following standards which shall be regarded as minimum requirements:
(1) 
Solar farms of less than 26 (kW) shall be on a parcel of not less than five acres, otherwise a minimum of ten-acre parcel shall be required.
(2) 
All ground-mounted panels shall not exceed 10 feet in height.
(3) 
All mechanical equipment on a solar farm, including any structure for batteries or storage cells, are completely enclosed by a minimum eight-foot high fence with a self-locking gate.
(4) 
The total surface area of all ground-mounted and freestanding solar collectors, including solar voltaic cells, panels and arrays, shall not exceed 80% of the total parcel area.
(5) 
The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties.
(6) 
Because of neighborhood characteristics and topography, the Planning Board shall examine the proposed location on a case-by-case basis. Ensuring the potential impact to its residents, business or traffic are not a detriment.
(7) 
All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings, as well as streets and rights-of-way.
(8) 
All on-site utility and transmission lines are, to the extent feasible, placed underground.
(9) 
The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(10) 
The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties.
(11) 
All solar energy system components shall have a fifty-foot setback, unless abutting residential uses. Whereby it shall be located a minimum of 200 feet from property lines.
(12) 
Solar modular panels shall not contain hazardous materials.
(13) 
All appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers and substations shall be architecturally compatible with each other and shall be screened from the view of persons not on the parcel.
(14) 
Lighting of "solar farms" shall be consistent with state and federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(15) 
There shall be no signs except announcement signs, such as "no trespassing" signs or any signs required to warn of danger. A sign is required that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a twenty-four-hour basis.
(16) 
There shall be a minimum of one parking space to be used in connection with the maintenance of the solar photovoltaic facility and the site. However, it shall not be used for the permanent storage of vehicles.
F. 
Additional conditions.
(1) 
The solar farm owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar farm facility shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(2) 
No solar farm shall be approved or constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar farm owner's or operator's intent to install an interconnected customer-owned generator.
(3) 
A solar farm owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar farm and any access road(s), unless accepted as a public way.
(4) 
A valid performance bond assigned to the Town of Johnstown for ten-acre systems with dates and monetary amounts to be determined by the Planning Board for decommissioning purposes.
G. 
Decommissioning/removal. All applications for a solar farm shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the facility. Prior to removal of the solar farm, a permit for removal activities shall be obtained from the Code Enforcement Department. The decommissioning plan shall include the following provisions:
(1) 
The owner, operator, his successors in interest shall remove any ground-mounted solar collectors which have reached the end of their useful life or have been abandoned. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Town Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal.
(2) 
Physical removal of all ground-mounted solar collectors, structures, equipment, security barriers and transmission lines from the site.
(3) 
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(4) 
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(5) 
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the solar farm shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the solar farm fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
H. 
Estimate and financial surety. In addition to the Decommissioning Plan, the applicant shall also provide an estimate, prepared by a qualified engineer, setting forth the costs associated with decommissioning the solar farm at issue. In the event the Planning Board grants a special use permit pursuant to this chapter, it must also establish the amount of such surety to be established by the applicant prior to building permit issuance. The surety may be in the form of escrowed funds, bonds or otherwise, but it is the intention of this provision to ensure that the Town has sufficient funds available to remove the installations and restore landscaping consistent with Subsection F above, in the event the applicant fails to comply with its decommissioning obligations.