[Added 3-4-2021 by L.L. No. 2-2021]
A.
Maximum size. A cemetery shall not exceed 10 acres in size.
B.
No new cemetery shall result in in-ground burials within a 100-year
floodplain.
C.
A mausoleum structure greater than 500 square feet in size shall
not be constructed less than 100 from any boundary of the cemetery.
[1]
Editor's Note: Former § 195-37, Campgrounds (including
travel trailer parks), was repealed 3-4-2021 by L.L. No. 2-2021.
Mobile homes and manufactured homes are only allowed in the
Town in mobile home parks approved pursuant to Subsections A and B
as housing for farm workers on an established, working farm in the
agricultural zoning districts (AP, AB, AR). Mobile homes are not otherwise
allowed on individual parcels as a single-family dwelling in any zoning
district.
A.
Design criteria. Mobile homes shall comply with the following design criteria [except as provided in Subsection A(8)]:
(1)
Mobile homes and any deck or other addition shall be mounted on a
permanent concrete slab base or footing at least four inches thick,
with skirting provided.
(2)
Mobile homes shall be finished with a natural or artificial materials
that, because of their color and texture, have the appearance of clapboards,
wood shingles or other traditional house siding and blend in with
the landscape to enhance or maintain the attractive visual character
of the neighborhood.
(3)
Two off-street parking spaces shall be provided for each mobile home in accordance with the requirements of § 195-19.
(4)
Mobile homes shall have shingled, peaked roofs with a minimum pitch
of 4:12.
(5)
Mobile homes shall comply with currently applicable federal and state
building standards.
(6)
Mobile homes shall have a minimum size of 720 square feet and a minimum
width of 12 feet.
(7)
No evidence of a mobile home's trailer hitch or wheels shall be visible
once it has been installed.
B.
Mobile home parks. Mobile home parks (also known as courts) shall be subject to the requirements of the Town of Wawayanda Mobile Home Court Law, Chapter 114 of the Town's Code. Such use shall require a special use permit, and in addition to the aforesaid Chapter 114, the following shall apply to mobile home parks:
(1)
The location of the park shall be one suitable for such use as determined
by the Planning Board, considering reports offered by the Board's
consultants, with proper drainage and provisions for stormwater control
such that the peak flow rate of water leaving the site after development
shall not be greater than prior to development.
(2)
There shall be documentation of the availability and adequate capacity
of all utility providers to service the park. Off-site or centralized
water facilities shall be provided.
(3)
The park shall be designed to provide maximum open space consistent
with the minimum mobile home lot size requirements of the Mobile Home
Court Law and offer buffering of individual mobile homes from each
other and from adjoining lot owners. It shall be landscaped so as
to develop and maintain a high-quality aesthetic environment and neighborhood
character for prospective new and existing residents.
(4)
Adequate provisions shall be made for outside storage space, and
these shall not in any way interfere with emergency access.
(5)
Adequate provisions shall be made to control potential nuisance situations
such as accumulation of unused materials or vehicles.
(6)
Recreational facilities sufficient to accommodate the number of dwellings
proposed shall be provided. A minimum of 10% of the land area of the
park or 1/2 acre, whichever is less, shall be devoted to this purpose
and completed prior to the issuance of the first permit.
(7)
There shall be adequate groundwater supplies to support the proposed
water system without causing a detrimental impact on adjoining water
supplies and evidence of this shall be provided and professionally
reviewed.
(8)
The management and operations plan for the park shall provide for
maintenance of all common facilities and ensure the purposes and requirements
of this chapter are met. It shall also provide for limitation of occupancy
to mobile homes meeting U.S. Department of Housing and Urban Development
regulations under the Manufactured Housing Act.
(9)
Mixed-use residential developments wherein mobile homes and other one-family detached dwellings are both provided shall be encouraged where the other criteria contained herein can be met. All other one-family detached developments, however, shall comply with the requirements of this chapter and Chapter 162 of the Town's Code regarding subdivision regulation, if applicable.
A.
Mining operations, including the quarrying operations for sand, gravel
or other materials, including the removal of the product from the
earth and its washing, screening, crushing, processing, weighing and
loading for transportation, fuel storage, power generation and repair
facilities, shall be permissible, subject to special use permit approval,
in the Town's AP, AB, TC and MC Districts. The following special use
permit conditions shall apply for all mining operations:
B.
The New York State Department of Environmental Conservation (DEC)
is the entity responsible for administering the permits for mining
applications made to the state. It is the Town's intent to provide
input on the conditions that should be included in DEC mining permits
issued for operations located within the Town and to assist in the
enforcement of any resulting DEC mining permit conditions, as permitted
by the state statute. The following procedure shall apply for the
approval of special use permits for mining operations requiring a
DEC permit not previously approved:
(1)
The Supervisor of the Town, upon receipt of a complete application
for a mining permit from the DEC or for a special use permit from
the Building Inspector/Code Enforcement Officer, shall forward said
application to the Planning Board within 10 days following receipt.
(2)
Recommendations of the Planning Board. The Planning Board shall,
within 30 days of the receipt of an application, provide the DEC with
recommendations on conditions to be included in the state mining permit
within the following categories:
(a)
Ingress, egress and the routing of mineral transport vehicles
on roadways reviewed by the Town.
(b)
Appropriate setbacks from property boundaries or public rights-of-way.
(c)
The need for man-made or natural barriers designed to restrict
access and the type, length, height and locations thereof.
(d)
The control of dust.
(e)
Hours of operation.
(3)
Upon receipt of the resulting DEC mining permit, the applicant shall
submit to the Planning Board a copy of the permit and all information
provided to the DEC in support of the application. The Planning Board
shall accept the information as a complete special use permit/site
plan application once the applicable Town application fees have been
received. The Planning Board shall then incorporate into the Town
special use permit any conditions imposed by the DEC as part of the
state mining permit and conditions relating to:
(a)
Ingress, egress and the routing of mineral transport vehicles
on roadways controlled by the Town.
(b)
Appropriate setbacks from property boundaries or public road
rights-of-way.
(c)
The need for man-made or natural barriers designed to restrict
access and the type, length, height and location thereof.
(d)
The control of dust.
(e)
Hours of operation.
(f)
Enforcement of reclamation requirements contained in the mine's
approved reclamation plan.
A.
Legislative intent. The legislative intent is:
(1)
To establish clear standards for the siting of wireless communications
facilities, buildings and structures, equipment, communications towers,
antenna towers and monopoles.
(2)
To promote the health, safety and general welfare of the residents
of Wawayanda through the establishment of minimum standards to reduce
the adverse visual effects of communications facilities, including
but not limited to transmission towers and antennas, through the use
of advanced technology, careful design, siting, and screening and
buffering.
(3)
To protect residential areas and land uses and property values from
potential adverse impacts of towers and antennas.
(4)
To minimize the total number of communications facilities and communications
towers throughout the community.
(5)
To encourage the joint use of new and existing communications tower
sites as a primary option rather than construction of additional single-use
communications towers while recognizing that co-location on higher
towers is not always preferable to less visible, less obtrusive towers;
thereby minimizing the use of existing communications towers or alternative
antenna host sites while not unreasonably limiting competition among
communications providers or unreasonably limiting reception of receive-only
antenna.
(6)
To require users of communications towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is shown to be minimal.
(7)
To require users of communications towers and antennas to configure
them in a way that minimizes adverse visual, aesthetic and community
character intrusion impacts caused by the installation and view of
communications towers and antennas through careful design, siting,
landscape screening and buffering, sufficient setbacks to reduce visual
impacts to adjacent properties, and innovative camouflaging techniques
such as alternative tower structures, thereby protecting the physical
appearance of the community and preserving its scenic and natural
beauty.
(8)
To avoid potential damage to adjacent properties from communications
towers through careful engineering and appropriate siting of communications
towers.
(9)
To enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently by facilitating the siting of personal wireless communications
facilities.
B.
Compliance with the SEQRA. The Planning Board shall comply with the
provisions of the SEQRA. An application for approval of a major wireless
communications facility shall constitute a Type 1 action under SEQRA.
C.
Restrictions on use. No wireless communications facilities, except
those approved prior to the effective date of these regulations, shall
be used, located, constructed or maintained on any lot, structure
or land area unless in conformity with these regulations. No wireless
communications facilities may hereafter be erected, moved, reconstructed,
changed or altered unless in conformity with these regulations. No
existing structure shall be modified to serve as a wireless communications
facility unless in conformity with these regulations.
(1)
All communications facilities shall at all times be in conformance
with the rules and regulations of any governmental entity having jurisdiction
over such communications facilities and uses, antennas and/or supporting
structures and towers, including, without limitation, the Federal
Communications Commission and Federal Aviation Administration (hereinafter
referred to as "FCC" and "FAA").
(2)
All communications facilities shall be operated and maintained by
the FCC licensee only.
(3)
All communications facilities shall be shown to be necessary to provide
coverage to an area of Town which currently lacks adequate coverage
and that any related communications tower or antenna is proposed at
the minimum height and aesthetic intrusion possible to provide adequate
coverage. The applicant seeking to locate a communications facility
in the Town of Wawayanda shall demonstrate the need for new or additional
antennas or communications towers.
(4)
All communications facilities, if proposed for placement on a lot
that is within or that abuts a residential district, shall prove that
adequate coverage cannot be achieved by siting the facility on a lot
which is not or does not abut a residential district.
(5)
All communications facilities shall be constructed and maintained
in conformance with all building, electrical, fire prevention and
other applicable codes.
D.
Major wireless communications facilities.
(1)
Approved zoning districts.
(a)
Major wireless communications facilities shall be permitted
as special use permit uses in the AP, AR, SR, AB and MC Districts,
requiring approval from the Planning Board.
(b)
If it can be demonstrated by the applicant that there is not
a site in the above-referenced zoning districts which would provide
wireless communications capacity consistent with federal regulations,
the Planning Board may determine that a major wireless communications
facility may be permitted as a special use permit use in an RH or
TC District in accordance with the provisions hereinafter set forth.
(2)
Conditions precedent to granting site plan or special use permit
approval.
(a)
A service coverage map and report shall be provided. The service
coverage map shall show and describe all existing and proposed areas
of service coverage relating to the proposed communications facility.
The service coverage map shall locate all existing sites in the Town
and in bordering communities that contain communications towers or
related facilities. A detailed report shall accompany the service
coverage map and shall indicate why the proposed communications tower,
equipment and facility are necessary. The report shall identify locations
within the proposed project site service coverage area that are not
and could not be served by either existing facilities, by co-location,
by utilization of alternative technology, or by an alternative tower
structure.
(b)
A long-range communications facilities plan shall be provided,
evidencing that the proposed location of the communications facility
and supporting buildings and equipment has been planned to the result
in the fewest number of communications transmissions tower locations
within the Town. The plan shall indicate how the applicant intends
to provide service throughout the Town, and how the applicant plans
to coordinate with all other providers of wireless communications
services in the Town. The plan shall address the applicant's planned
and possible location of additional tower sites, additional antennas,
related service area coverage, and alternative long-range plan scenarios
that illustrate the potential effects of multiple towers and tower
height, community intrusion impacts and visual and aesthetic impacts.
(c)
Documentation, sufficient to demonstrate that the proposed communications
tower height and bulk are the minimum height and bulk necessary to
provide licensed communications services to locations within the Town
which the applicant is not able to serve with existing facilities
in the project site area, shall be provided, including evidence that
visual, aesthetic and community character intrusion impacts have been
minimized to the greatest extent practicable.
(d)
Demonstration that shared use is impracticable. The Planning
Board may issue a permit for a major wireless communications facility
only when the applicant demonstrates that shared use of an existing
structure or site is impractical. An applicant shall be required to
present a report inventorying all existing structures within 1/2 mile
of the proposed site that are at elevations which render them potential
sites. The report shall describe opportunities for shared use of these
existing facilities as an alternative to a proposed new tower. The
report shall demonstrate that the applicant used its best efforts
to secure permission for shared use from the owner of each existing
facility as well as documentation of the physical, technical and/or
financial reason why shared usage is not practical in each case. The
applicant's written request and the property owner's written response
for shared use shall be provided.
(e)
Commitment for future shared use. New wireless communications
towers shall be designed to accommodate future demand for reception
and transmitting facilities. The applicant shall submit to the Town
Board and Planning Board an irrevocable letter of intent committing
the owner of the proposed new tower and its successors in interest
to permit shared use of the proposed tower by other telecommunications
providers in the future. This letter shall also be filed with the
Building Inspector/Code Enforcement Officer prior to issuance of a
building permit. Failure to abide by the conditions outlined in the
letter may be grounds for revocation of the site plan approval following
a hearing and opportunity to be heard. The letter shall commit the
new tower owner and its successors in interest to the following:
[1]
To notify all carriers licensed to provide telecommunications
services within the Town of its application and that it will entertain
requests for co-location.
[2]
To respond within 90 days to a request for information from
a potential shared-use applicant.
[3]
To use best efforts and negotiate in good faith concerning future
requests for shared use of the tower by other telecommunications providers.
[4]
To allow shared use of the tower if another telecommunications
provider agrees, in writing, to pay reasonable charges. The charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity and
depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
[5]
A written certification shall be submitted, prepared by a qualified
engineer and/or health physicist, which calculates the maximum amount
of nonionizing electromagnetic radiation (NIER) which will be emitted
from the proposed wireless communications facility and demonstrates
that any such emissions from the facility will be within the threshold
levels adopted by the Federal Communications Commission as of the
day of application and as part of certification required herein.
E.
Additional required information.
(1)
Procedural. The following procedural information shall be required:
(a)
Visual impact assessment.
[1]
A viewshed analysis in order to determine locations where the
tower and appurtenant facilities may be visible.
[2]
Graphic representation of before and after views from key viewpoints
located inside and outside of the Town, including, but not limited
to, state highways and other major roads, state and local parks, other
public lands, preserves and historic sites normally open to the public,
residential developments, and from any other location where the site
is visible to a large number of visitors or travelers.
[3]
Assessment of alternative tower designs and color schemes, as described in Subsection E(1)(b) below.
[4]
Assessment of the visual impact of the tower base, guy wires,
accessory buildings and overhead utility lines from abutting properties
and streets.
(b)
Tower design. A report regarding alternative tower designs,
which includes lattice and monopole structures and other designs to
minimize visual impacts. The Board may request a review of the tower
design by a qualified engineer in order to evaluate the need for,
and the design of, any new and potential alternatives. All designs
to be considered shall be required to include, at a minimum, the following
characteristics:
[1]
Towers shall be designed to accommodate future shared use by
other wireless communications providers;
[2]
Unless specifically required by other regulations, a tower shall
have a finish (either painted or unpainted) that minimizes its degree
of impact;
[3]
No portion of any tower or accessory structure shall be used
for a sign or other advertising purpose, including but not limited
to company name, phone numbers, banners and streamers;
[4]
Any new tower shall be securely mounted to withstand damage
from earthquakes and the wind and ice loads for the place of installation
in accordance with New York State Uniform Fire Prevention and Building
Code;
[5]
The height of any new tower shall be the minimum height necessary,
considering shared use, to meet the minimum requirements of the Federal
Communications Commission for coverage of the service area encompassing
the Town of Wawayanda;
(c)
Fully engineered site plan. A site plan showing, at a minimum,
all existing roads, buildings, tower(s), guy wire and anchors, antennas,
parking and landscaping, and shall include grading plans for new facilities
and roads.
(d)
Engineer's report.
[1]
A report by a New York State-licensed professional engineer
specializing in electrical engineering with expertise in radio communications
facilities and, if a monopole or tower is required or the electrical
engineer is not qualified to certify the structural soundness of the
installation, a New York State-licensed engineer specializing in structural
engineering. The report shall contain the following information:
[a]
Name(s) and address(es) of person(s) preparing
the report;
[b]
Name(s) and address(es) of the property owner,
operator and applicant;
[c]
Postal address and section, block and lot number
of the property;
[d]
Zoning district in which the property is situated;
[e]
Approximate size of the property and the approximate
location of all lot lines;
[f]
Approximate location of nearest residential structure;
[g]
Approximate location of nearest occupiable structure;
[h]
Approximate location of nearest day-care center,
school, camp or recreational park;
[i]
Approximate location of all structures on the property
which is the subject of the application;
[j]
Approximate location, size and height of all proposed
and existing antennas and all appurtenant structures;
[k]
Type, size and location of all proposed and existing
landscaping;
[l]
The number, type and design of the antenna(s) proposed
and the basis for calculations of capacity;
[m]
The make, model and manufacture of the antenna(s);
[n]
A description of the proposed antenna(s) and all
related fixtures, structures, appurtenances and apparatus, including
height above grade, materials, color, grounding and lighting;
[o]
The frequency, modulation and class of service
of radio equipment;
[p]
Transmission and maximum effective radiated power
of the antenna(s);
[q]
Certification that the proposed antenna(s) will
not cause interference with existing communications devices;
[r]
Elevation drawings depicting the front, side and
rear of the property, illustrating the proposed antenna, mounting
device and structure, if any, on which the antenna is mounted;
[s]
A map depicting and listing all existing sites
in the Town and bordering communities containing transmitting antenna(s)
used by the operator, owner or applicant; and
[t]
All applications, communications and permits submitted
to and issued by the Federal Aviation Administration.
[2]
The Planning Board may, in a proper case, waive one or more
of the foregoing requirements set forth in this section and may require
additional reports or evidence that it deems necessary to ensure the
health, safety and welfare of the community are adequately addressed.
(e)
Intermunicipal notification. In order to keep neighboring municipalities
informed, and to facilitate the consideration of shared use of existing
tall structures in a neighboring municipality, and to assist the continued
development of communications for emergency services, the applicant
shall provide the following additional notice of the application:
[1]
Notification in writing to the municipal clerk of any adjoining
municipality within one mile of a proposed site, or a greater distance
if determined by the Board, to be impacted by a proposed new telecommunications
tower.
[2]
Notification in writing by certified mail of all landowners
within 500 feet of the property line of the parcel on which a new
tower is proposed.
(2)
Location, lot size and setbacks. Any proposed wireless communications
tower and its accessory structures shall be located on a single parcel
and shall comply with setback requirements as identified below.
(a)
Distance from public facilities. In order to protect the health,
safety and welfare of children who may be injured by falling ice or
debris, all wireless communications towers shall be a distance of
not less than 500 feet from the nearest school, day-care center, camp,
public park or playground, or residence and/or dwelling unit.
(b)
Lot size of major wireless communications facilities sites shall
be determined by the amount of land required to meet the setback requirements.
If the land is to be leased, the entire area required shall be leased
from a single parcel.
(c)
Wireless communications towers shall be located with a minimum
setback from any property line equal to the height of the tower in
any zoning district; except, however, if the applicant can demonstrate
that the fall zone for the structure can be safely accommodated on
a smaller-size parcel or with reduced setbacks to no less than the
minimum bulk requirements in the underlying zoning district, the Planning
Board shall have the discretion to reduce the size accordingly. The
applicant must demonstrate that there is adequate protection to adjoining
properties from the dangers of falling ice or debris through either
an easement or other safeguards. The Planning Board shall make findings
of fact justifying a reduction and shall impose such additional conditions
that the Board may deem appropriate to protect health, safety and
welfare. Accessory structures shall comply with the minimum setback
requirements in the underlying district.
(d)
Additional setbacks may be required by the Planning Board to
contain on site substantially all icefall or debris from tower failure
and preserve the privacy of any adjoining residential and public properties.
(3)
Vegetative screening and fencing.
(a)
Landscaping. All communications facilities shall provide landscaping
as follows.
[1]
All communications towers shall be located and designed to have
the least possible adverse visual and aesthetic effect on the environment.
[2]
The area surrounding the installation, other than the area necessary
to maintain a clear line of sight to the signal source, shall be landscaped
and maintained with trees, shrubs and ground cover to maximize screening,
and visual buffer which meets or exceeds the above requirements may
be substituted or enhanced for said requirements.
[3]
Screening and buffering, utilizing trees of a height and density
established by the Planning Board that will, over time, reduce visual
impacts resulting from the installation of said facility, shall be
provided.
[4]
The outside security fencing shall be screened with evergreen
shrubs, trees or climbing evergreen material on the fencing.
[5]
The base of any communications tower and any accessory structure
shall be effectively screened using primarily vegetative screening,
including a continuous evergreen screen planted in a natural setting
and consisting of native plant species. Existing vegetation shall
be preserved to the maximum extent practicable. Additional planting
shall be required, as necessary, to screen and buffer all structures
from nearby properties or important viewsheds of scenic areas. All
landscaping shall be properly maintained to ensure continued screening
and buffering.
(b)
Security and safety fencing. Security and safety fencing shall
be located around all communications towers, equipment and related
facilities to restrict unauthorized access. Access to all structures
shall be through a locked gate or principal building. Fencing shall
be designed to minimize visual and aesthetic impacts and shall be
equipped with appropriate anticlimbing devices. Failure to maintain
said security and safety fencing in an appropriate manner shall be
grounds for immediate revocation of all permits and certificates of
use by the Building Inspector. In addition:
[1]
All communications towers, antenna towers or monopoles, and
other supporting structures shall be made inaccessible to nonauthorized
persons, particularly children, and shall be constructed or shielded
in such a manner that they cannot be climbed.
[2]
All transmitter controls that could cause the transmitter to
deviate from its authorized operating parameters shall be designed
and installed in such a manner that they are readily accessible only
to persons authorized by the licensee to operate or service them.
[3]
All transmitters used with in-building radiation systems shall
be designed in such a manner that, in the event an unauthorized person
does gain access, that person cannot cause the transmitter to deviate
from its authorized operating parameters in such a way as to cause
interference to other stations.
[4]
All transmitters (other than hand-carried or pack-carried mobile
transmitters) and control points shall be equipped with a visual means
of indicating when the control circuitry has been put in a condition
that should cause the transmitter to radiate.
[5]
All transmitters shall be designed in such a manner that they
can be turned off independently of any remote-control circuits.
(c)
Coloring and marking. Unless otherwise required by the FAA or
FCC, all communications facilities, including antennas and communications
towers, shall be colored, camouflaged and/or shielded to blend with
surrounding areas, provided such coloring, camouflage and/or shielding
does not inhibit their effectiveness. The painting or marking of such
facilities shall have a finish or coloring which will minimize visual
and aesthetic impacts. Towers and all appendages shall generally have
a galvanized finish and shall be painted gray or blue gray or some
other finish or color that is shown to be visually unobtrusive.
(d)
Signals and lights. No communications tower, antenna tower or
monopole shall include any signals, lights or illumination unless
required by the FAA or other applicable authority. The applicant shall
provide evidence mandating any requirement for lighting. If lighting
is required, said lighting shall be shown to cause the least disturbance
to surrounding properties and views. Any lighting necessary for accessory
structures or buildings shall be minimized and shall be properly shielded
to prevent light emission and glare onto adjacent properties.
(e)
Signage. No signs, including advertising signs, shall be permitted
on any antenna, communications tower, antenna tower or monopole, or
antenna support structure, except as follows:
[1]
Signs specifically required by a federal, state or local agency.
[2]
Each site shall include a sign containing the name of the owner
and operator of any antenna present, including an emergency phone
number. In addition, any door having access to a roof-mounted antenna
and all entrances to the fenced enclosure shall be similarly signed.
(4)
Undergrounding of electrical power; noise suppression. All electrical
power supply to service the on-site buildings and appurtenances supporting
the tower antenna operations shall be installed underground. Noise
suppression shall be utilized in the structural design and construction
of the tower support buildings and appurtenances.
(5)
Access parking.
(a)
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
construction shall, at all times, minimize ground disturbance and
vegetation cutting to within the toe of the fill, the top of cuts,
or no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(b)
Parking. Parking shall be provided on site in an amount determined
by the Board, based upon recommendation from the applicant. No parking
shall be located in any required front yard.
F.
Minor wireless communications facilities. At all times, the shared
use within existing tall structures (for example, multistory buildings,
church steeples, farm silos, etc.) and upon existing approved towers
shall be preferred to the construction of major wireless communications
facilities including new wireless communications towers and/or monopoles.
Minor wireless communications facilities areas are a permitted use
in the AP, AR, SR, AB, H and MC Zoning Districts within the Town of
Wawayanda.
(1)
Minor wireless communications facilities permitted upon issuing of
a building permit only. An application to co-locate a wireless communications
facility upon an existing wireless communications facility designed
for co-location may be approved by the Building Inspector/Code Enforcement
Officer, after referral and consultation with the Town Engineer, by
issuance of a building permit incorporating the regulatory requirements
of this chapter.
(2)
Minor wireless communications facilities permitted upon site plan
approval. An application for any other minor wireless communications
facility shall be subject to site plan review by the Planning Board.
The Planning Board may require the applicant to submit any of the
items required for submission in major wireless communications facilities
applications as part of the site plan review process.
(a)
An application for site plan approval of a minor telecommunications
facility shall include the following:
[1]
A completed site plan application form.
[2]
Consent from the owner of the existing facility to allow shared
use.
[3]
A site plan. The site plan shall show all existing and proposed
structures and improvements including antennas, roads, buildings,
guy wires and anchors, parking and landscaping, and shall include
grading plans for new facilities and roads. Any methods used to conceal
the modification to the existing facility shall be indicated on the
site plan.
[4]
An engineer's report, certifying that the proposed shared use
will not diminish the structural integrity and safety of the existing
structure, will not hamper existing emergency networks, and explaining
what modifications, if any, will be required in order to certify the
above.
[5]
A copy of the applicant's Federal Communications Commission
(FCC) license.
[6]
The Planning Board may waive any of the above requirements if
it is demonstrated by the applicant that, under the facts and circumstances,
the submission of such documentation would cause an unnecessary and
undue hardship.
(b)
The Planning Board may add any other documentation, reports
or evidence that it deems necessary to ensure the health, safety and
welfare of the community is adequately addressed.
G.
Required to be imposed on all approvals.
(1)
Removal.
(a)
Any antenna, communications facility, communications tower,
antenna tower or monopole, including any supporting structure and
related appurtenances or part thereof, that is not used for a period
of six months in any twelve-month period shall be removed and the
site restored by, and at the expense of, the owner of the property
or the operator of said facility.
(b)
An extension of an additional six months may be granted by the
Building Inspector/Code Enforcement Officer upon a written request,
including proof as determined reasonable by the Building Inspector/Code
Enforcement Officer that the owner is actively engaged in the marketing
of the property for sale or rent.
(c)
In the event the tower is not removed and the site restored
as herein required, the Town, after notice and opportunity to be heard,
may cause the same to be removed and the site restored at the expense
of the property owner, collectible in the same manner as a real property
tax.
(2)
Operational certification. Within 45 days of initial operation or
modification of a wireless communications facility, the owner or operator
shall submit to the Building Inspector/Code Enforcement Officer a
written certification by a professional engineer that the operation
facility is in compliance with the application submitted, any conditions
imposed, and all other provisions of this chapter as a condition to
continue operating past the forty-five-day period. The Town may confirm
and periodically reconfirm compliance as necessary to ensure that
the provisions of this chapter, including NIER level thresholds, as
set forth by the FCC, are in compliance. The owner/operator of the
facility shall supply all necessary documentation to permit the Town
to make such a determination regarding compliance.
(3)
Reimbursement of review expenses. All costs and expenses incurred
by the Planning Board in connection with its review and approval of
an application for a wireless communications facility shall be reimbursed
to the Town by the applicant prior to final approval.
(4)
Existing installations.
(a)
The current operator of any communications facility or communications
tower, antenna or monopole existing at the time that these regulations
take effect shall be permitted to remain in operation, provided the
operator submits proof within six months of the enactment of these
regulations that a valid building permit was issued for the facility
and that the facility complies with current emission standards as
recommended by the FCC.
(b)
Any legal nonconforming communications facility or communications
tower shall be permitted to remain until such time as said use and
facility is altered, at which time the compliance herein shall be
brought in.
(c)
Any facility for which emission and security compliance documentation
is not received shall cease operation within six months of the enactment
of these regulations and shall be immediately removed thereafter.
A.
Intent and purpose. This section is intended to provide reasonable
accommodation for amateur radio antennas and amateur radio antenna
support structures in the Town of Wawayanda and to constitute minimum
practicable regulation to accomplish the Town's legitimate purposes
consistent with the state and federal laws, including Federal Communications
Commission regulations pertaining to amateur radio services, as noted
in PRB-1 (1985), as amended and reconsidered. Legitimate purposes
include, but are not limited to, preserving residential areas as livable
neighborhoods and preserving public health, safety and welfare.
B.
General requirements.
(1)
Prior to construction of any amateur radio antenna and/or amateur
radio antenna support structure, the applicant must first obtain a
special use permit and site plan approval from the Wawayanda Planning
Board and, thereafter, a building permit from the Building Inspector/Code
Enforcement Officer.
(2)
Amateur radio antennas and/or amateur radio antenna support structures
are permitted in all zoning districts as long as they are in compliance
with the provisions of this section. In addition, unobtrusive wire
antenna(s) not supported by a structure that is otherwise not in compliance
with the provisions of this section are permitted in all zoning districts
and are exempt from these provisions to the extent that they do not
interfere with public utilities or can be otherwise deemed unsafe
in any respect.
(3)
All applicants must be licensed by the Federal Communications Commission
(FCC) and must be in compliance at all times with the FCC regulation
pertaining to amateur radio service.
(4)
Location. The proposed amateur radio antennas and/or amateur radio
antenna support structures shall be so located and installed as to
be safe and to create minimum impact to the surrounding properties.
(5)
The Planning Board may attach reasonable conditions of approval pursuant
to the intent and purpose set forth in this section, including measures
that would help reduce the impact of such amateur radio antennas and/or
amateur radio antenna support structures on the surrounding properties,
including but not limited to appropriate landscaping.
(6)
The total height of the amateur radio antennas and/or amateur radio
antenna support structures shall not exceed 50 feet unless the applicant
can demonstrate that satisfactory communications cannot be achieved
due to frequency of operation or surrounding obstructions. The total
height of the amateur radio antenna and/or antenna support structure
shall be measured from mean grade to the highest point of the antenna,
the antenna support structure or combination thereof. For roof-mounted
antenna and/or antenna support structures, the mean grade is the established
grade adjoining the exterior walls of the structure upon which the
antenna or support structure is affixed. For ground-mounted amateur
radio antennas and/or antenna support structures, the mean grade is
measured at the established grade adjoining such antenna and/or support
structure.
(7)
No more than one amateur radio antenna and/or amateur radio antenna
support structure requiring a permit under this section shall be permitted
on a single lot.
(8)
No roof-mounted amateur radio antenna and/or amateur radio antenna
support structures shall be fixed to the side of a structure that
faces a street. Roof-mounted amateur radio antennas and/or amateur
radio antenna support structures may be allowed on the roof as long
as such antennas are not entirely on the front half of the roof facing
a street.
(9)
Ground-mounted amateur radio antenna and/or amateur radio antenna
support structures shall not be allowed in the front yard, the side
or rear yard setbacks.
(10)
Climbable ground-mounted amateur radio antenna and antenna support
structures shall be completely enclosed by a fence at least five feet
and no more than seven feet in height or shall have appropriate anticlimb
devices attached up to a height of five feet or more.
(11)
Antennas and/or antenna support structures requiring a permit
under this section shall provide a copy of the manufacturer's specifications
for construction, assembly and erection and a certification from the
owner and/or licensee that such specifications have been followed
in erecting the subject structure. In the event of unavailability
of manufacturer's specifications, certification by a licensed professional
engineer must be filed with the Town confirming the structural stability
and soundness of the antenna and/or support structure. If neither
the manufacturer's specifications nor the certification can be made
available, the antenna and/or support structure shall be set back
a distance of at least 100% of its total height from the property
line.
(12)
All ground-mounted amateur radio antenna and/or antenna support
structures shall be structurally sound enough and so designed and
installed as to withstand a minimum wind speed of at least 90 miles
per hour.
(13)
Structural stability and soundness. The applicant shall demonstrate
structural stability and soundness of the proposed amateur radio antennas
and/or amateur radio antenna support structures at his own expense.
This can be achieved through either of the following:
(a)
Providing a copy of the manufacturer's specifications on assembly,
construction and erection and a certification that such specifications
have been followed.
(b)
A certification by a licensed professional engineer confirming
the structural stability and soundness of the proposed amateur radio
antenna and/or amateur antenna support structures.
(14)
Upon the FCC-licensed operator's cessation of ownership or leasehold
rights in the subject antenna support structures, or upon the loss
of his or her federal amateur radio license (whichever shall occur
earlier), the operator shall forthwith safely remove all amateur radio
antennas and/or amateur radio antenna support structures within 90
days at no expense to the Town.
(15)
In the event said operator shall fail to remove the amateur
radio antennas and/or amateur radio antenna support structures within
90 days, it shall be the duty, responsibility and obligation of the
owner of the subject lot upon which any or all of such amateur radio
antennas and/or amateur radio antenna support structures are located
to remove such structures forthwith at no expense to the Town.
(16)
Nothing set forth herein shall exempt or excuse anyone from
compliance with requirements of applicable provisions of the New York
State Building Code.
A.
Intent and purpose.
(1)
The Town of Wawayanda recognizes that wind energy is a potentially
abundant, renewable and nonpolluting energy resource of the Town and
that the conversion of wind energy to electricity could reduce dependence
on nonrenewable energy resources and decrease air and water pollution
that result from the use of conventional energy sources.
(2)
The purpose of these regulations for wind energy conversion systems
(WECS) is to ensure that development of these facilities will have
a minimal impact on adjacent properties and to protect the health,
safety and welfare of residents of the Town.
B.
AMBIENT NOISE
EAF
FLICKER or SHADOW FLICKER
WECS, COMMERCIAL
WECS, HEIGHT
WECS, INDUSTRIAL
WECS, RESIDENTIAL
WIND ENERGY CONVERSION SYSTEM(S) (WECS)
Definitions and interpretation of terms. For the purpose of this
section, certain terms or words used herein shall be interpreted as
follows:
Amount of noise in the natural background at any given time.
The environmental assessment form, as defined in 6 NYCRR
Part 617.
The motion of the shadow of wind turbine blades as they rotate.
A WECS that provides electrical or mechanical power to an
individual home occupation, farm or other single commercial enterprise,
and can be either the primary or secondary source of energy. Sale
or credit of excess electricity to the utility grid is permitted as
a tertiary use.
The total height of a structure from natural grade to the
tip of the blade at extreme vertical position.
A WECS or series of WECS in a facility, whose primary purpose
is to generate electricity that is fed into a power grid for sale.
A WECS that provides electrical or mechanical power to an
individual residence and can be either the primary or secondary source
of energy. Sale or credit of excess electricity to the utility grid
is permitted as a tertiary use.
Any mechanism designed for the purpose of converting wind
energy into electrical energy. A WECS may include one or more wind
turbines, towers, associated control or conversion electronics, transformers,
and/or other maintenance or control facilities or other components
used in the system. A WECS may be a commercial wind energy conversion
system, a residential wind energy conversion system or an industrial
wind energy conversion system.
C.
General regulations.
(1)
WECS of any kind are only allowed in the following zoning districts:
AP, AR, SR, AB, RH, TC, MC 1 and MC 2. WECS shall be permitted on
lots of two acres or more.
(2)
Prior to construction of any WECS, the applicant must first obtain
a special use permit and site plan approval from the Town of Wawayanda
Planning Board and, thereafter, a building permit from the Building
Inspector/Code Enforcement Officer.
(3)
Applicants for the proposed development of a WECS facility shall
submit with the application a plan showing the information required
for site plan approval, as set forth in the Town's Zoning Code.[1] In addition, the plan must contain (either on the plan
itself or as a separate submission) information as described herein:
D.
Regulations for residential WECS and commercial WECS. The purpose
of this section is to provide standards for small wind energy conversion
systems designed for home, farm and small commercial use on the same
parcel and that are primarily used to reduce consumption of utility
power at that location. Applications for approval of residential WECS
and commercial WECS must adhere to the following standards:
(1)
The minimum lot size is two acres.
(2)
The total height shall be no more than 45 feet.
(3)
The minimum setback shall be a distance equal to 110% of the WECS
height from all adjacent property lines. Additionally, no portion
of the WECS system, including guy wire anchors, may extend closer
than 10 feet to the property line. The use of guy wires is disfavored.
(4)
The WECS shall maintain a circular clear zone that has a radius which
is equivalent to 110% of the WECS height. The clear zone shall be
maintained free of any occupied structures, tanks containing combustible/flammable
liquids, and aboveground utilities/electrical lines.
(5)
WECS shall not exceed 60 dBA, as measured at the property line. The
level, however, may be exceeded during short-term events such as utility
outages and/or severe windstorms.
(6)
Any climbing apparatus must be located at least 12 feet above the
ground, and the tower must be designed to prevent climbing within
the first 12 feet. It may be recommended that the tower be enclosed
with an appropriate fence.
(7)
WECS shall not be artificially lighted with accent lighting.
(8)
No tower should have any sign, writing or picture placed or painted
on the tower, rotor, generator or tail vane that may be construed
as advertising.
(9)
Only one WECS shall be allowed per lot.
(10)
The WECS shall be designed and located in such a manner to minimize
adverse visual impacts from public viewing areas.
(11)
The WECS shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that the system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
(12)
At least one sign shall be posted on the tower at a height of
five feet warning of electrical shock or high voltage and harm from
revolving machinery.
(13)
A map showing all utility lines, both above and below ground,
within a radius equal to the proposed tower height, including blades.
(14)
The map must also denote surrounding land use and all structures
within 500 feet of WECS location.
(15)
Dimensional representation of the various structural components
of the tower construction, including the base and footing.
(16)
Design data indicating the basis of design, including manufacturer's
dimensional drawings and installation and operation instructions.
(17)
A line drawing of the electrical components of the system in
sufficient detail to allow for a determination that the manner of
installation conforms to the Uniform Fire Prevention and New York
State Building Code.
(18)
Certification by a registered professional engineer or manufacturer's
certification that the tower design is sufficient to withstand wind
load requirements for structures as established by the New York State
Building Code.
(19)
Shadow flicker and ice and blade throw may need to be mitigated
if neighboring residences are within 1,000 feet of a WECS.
(20)
The Planning Board may determine that not all of the above requirements
are necessary for a particular proposed project. However, they may
determine that additional requirements must be met for a particular
proposed project.
(21)
Any WECS which has not been in active and continuous use for
a period of 12 months shall be removed from the premises to a place
of safe and legal disposal. Additionally, all structures, guy cables,
guy anchors and/or enclosures accessory to such WECS shall also be
remove. The site shall be restored to a natural condition. Such removal
shall be completed at the owner's expense within six months of cessation
of active and continuous use. Failure to remove the WECS in accordance
with these regulations shall be a violation of this chapter.
E.
Application process for industrial WECS. Applicants for approval
of industrial WECS must submit a plan containing, at a minimum, the
following:
(1)
A map showing all existing lot lines, easements, rights-of-way and
proposed road access, including provisions for paving, if any; proposed
transmission lines and accessory facilities; and location of all existing
and proposed utility systems to the facility.
(2)
A map showing existing and proposed topography at five-foot contour
intervals.
(3)
A landscape plan showing all existing natural land features, trees,
forest cover and all proposed changes to these features, including
size and type of plant material and erosion control measures.
(4)
Photography assessing the visibility of the WECS from key viewpoints,
existing treelines, and proposed elevations. Pictures shall be digitally
enhanced to simulate the appearance of the as-built aboveground site
facilities as they would appear from distances within a three-mile
radius of such WECS. Pictures from specific locations may be required
by the Planning Board, and all pictures shall be no smaller than five
inches by seven inches. Proposed mitigation measures for visual impacts
of the WECS should also be submitted. In addition, the applicant should
submit a digital-elevation-model-based project visibility map showing
the impact of visibility of the project from other locations to a
distance radius of three miles from the WECS. The base map used shall
be a published topographic map showing natural and constructed features.
(5)
Documentation of the proposed intent and capacity of energy generation
as well as a justification for the height of any WECS facility and
justification for any clearing required.
(6)
Proposed safety measure to mitigate WECS failure.
(7)
Elevation map showing the WECS's height and design, including a cross
section of the structure and components; hardware compliance with
applicable structural standards; and the WECS's abilities in terms
of producing energy.
(8)
If any license, approval, permit, certification or any type of registration
or similar type of endorsement is required from any other agency,
the applicant shall notify the Planning Board of such requirement,
and the Board shall coordinate the review as deemed appropriate.
(9)
Noise analysis. A noise analysis shall be furnished which shall include
the following:
(a)
A description and map of the project's noise-producing features,
including the range of noise levels expected; manufacturer's noise
design and field testing data, both audible (dBA), and low frequency
(deep bass vibration); and the tonal and frequency characteristics
expected from the proposed structure.
(b)
A description and map of the noise-sensitive environment, including
any sensitive noise receptors, i.e., residences, hospitals, libraries,
schools, places of worship and similar facilities, within 1,500 feet
of the WECS and/or other sensitive receptor points that may be identified
by the Planning Board.
(c)
A survey and report that analyzes the preexisting ambient noise
(including seasonal variation) and the effects of the WECS when added
to the ambient noise.
(d)
A description of the project's proposed noise-control features
and specific measures proposed to mitigate noise impacts for sensitive
receptors consistent with the requirements of this chapter.
(10)
Engineer's report, prepared by a professional engineer licensed
in New York State, that provides information regarding the following
potential risks. The results of the engineer's report shall be used
to determine the adequacy of setbacks from the property line to mitigate
any effects from potential ice throw, tower failure, or blade throw.
(a)
Ice throw calculations. A report that calculates the maximum
distance that ice from the turbine blades could be thrown and the
potential risk assessment for inhabitants and structures. (The basis
of the calculation and all assumptions must be disclosed.)
(b)
Blade throw calculations. A report that calculates the maximum
distance that pieces of the turbine blades could be thrown and the
potential risk assessment for inhabitants and structures. (The basis
of the calculation and all assumptions must be disclosed.)
(c)
Catastrophic tower failure. A report from the turbine manufacturer
stating the wind speed and conditions that the turbine is designed
to withstand and the potential risk assessment for inhabitants and
structures (including all assumptions).
(d)
Certification by a licensed New York State professional engineer
that the tower's design is sufficient to withstand wind loading requirements
for structures or as established by the New York State Building Code.
(11)
Lighting plan. The applicant shall submit a commercial wind
energy facility lighting plan that describes all lighting that will
be required, including any lighting that may be required by the FAA.
Such plan shall include but is not limited to the planned number and
location of lights, light color, whether any such lights will be flashing,
and mitigation measures planned to control the light so that it does
not spill over onto neighboring properties.
(12)
Shadow flicker study. The applicant shall conduct a study on
potential shadow flicker. The study shall identify locations where
shadow flicker may be caused by the WECS and the expected durations
of the flicker at these locations. The study shall identify areas
where shadow flicker may interfere with residences and other structures
and describe measures that shall be taken to eliminate or mitigate
the problem.
(13)
A decommissioning and site restoration plan.
(14)
FAA notification. A copy of written notification to the Federal
Aviation Administration.
(15)
Utility notification. Utility interconnection data and a copy
of a written notification to the utility of the proposed interconnection.
(16)
Notification to microwave communications link operators, if
the WECS is located within two miles of any microwave communications
link.
(17)
Other information. Such additional information as may be reasonably
required by the Town Engineer, Planning Board Attorney or Planning
Board for an adequate assessment of the proposed project.
(18)
State Environment Quality Review Act (SEQRA). A long-form EAF
for the SEQRA review is required to be presented initially to the
Town Planning Board for review. The Planning Board will determine
whether the application is a Type 1 or Unlisted action for purposes
of SEQRA and will proceed with the SEQRA review in accordance with
such determination.
(19)
The Planning Board may determine that not all of the above requirements
are necessary for a particular proposed project. Any requirements
the Planning Board determines are not necessary must be fully documented
with the reasons clearly noted.
F.
General regulations for industrial WECS.
(1)
Placement: setbacks, ice and blade throw, shadow casting and flicker.
Setbacks from adjacent property lines, rights-of-way, easements, public
ways or power lines (not to include individual residential feed lines)
shall be 1.5 times the maximum WECS height or 1.5 times the maximum
calculated ice or blade throw distance to the maximum point of impact,
whichever is greater. Such calculation shall be determined by a licensed
professional engineer at the applicant's expense. In areas subject
to shadow casting and flicker, WECS facilities shall be no closer
than 1,500 feet from an occupied building. Individuals living within
1/2 mile of any WECS must be advised in advance of construction of
the potential for flicker/shadow and the time of day when that would
occur. The WECS shall be designed such that the project shall minimize
shadow flicker onto adjacent existing residences and businesses. Mitigation
measures, which may include landscaping, shall be incorporated into
any special use permit and site plan approval. The required shadow
flicker study shall identify areas where shadow flicker may interfere
with residences and businesses and describe measures that shall be
taken to eliminate or minimize the problem.
(2)
Noise level limit. Individual WECS facilities shall be located with
relation to property lines so that the level of noise produced during
wind turbine operation shall not exceed the average nighttime ambient
noise levels, measured at the boundaries of all the closest parcels
that are owned by non-site owners and that abut either the site parcel(s)
or any other parcels adjacent to the site parcel held in common by
the owner of the site parcel as those boundaries exist at the time
of special use permit application.
(3)
Guy wires and anchors. All guy wires or cables shall be marked with
high-visibility orange or yellow sleeves from the ground to a point
10 feet above the ground.
(4)
Lighting. No WECS shall be lighted artificially unless such lighting
is required by a state or federal agency. Use of nighttime and overcast
daytime condition stroboscopic lighting to satisfy tower facility
lighting requirements for the Federal Aviation Administration (FAA)
shall be subject to on-site field testing before the Planning Board,
as a prerequisite to that Board's approval.
(5)
Scenic viewshed impact. No WECS shall be installed in any location
where the Planning Board determines the WECS to be detrimental to
the general neighborhood character. No individual WECS shall be installed
in any location that would substantially detract from or block the
view of a portion of a scenic view, as viewed from any public road,
right-of-way, publicly owned land or privately owned land within the
Town of Wawayanda or that extends from the Town of Wawayanda. Placement
of support buildings must be placed behind ridges or vegetation, if
possible, to screen visibility. Clearcutting will not be allowed.
(6)
Broadcast interference.
(a)
No WECS shall be installed in any location along the major access
of an existing microwave communications link where its operation is
likely to produce electromagnetic interference in the link's operation.
(b)
No WECS shall be installed in any location where its proximity
to existing fixed broadcast transmission or reception antenna (including
residential reception antenna) for radio, television, wireless phone,
or other personal communications systems would produce electromagnetic
interference with signal transmission or reception.
(c)
The recipient of the special use permit must correct any unforeseen
interference to the satisfaction of the Town's Building Inspector/Code
Enforcement Officer within 60 days of any complaint.
(8)
Color. WECS color will be determined by the Town of Wawayanda Planning
Board unless an agency of the state or federal government mandates
otherwise.
(9)
Structure. Solid tube as per manufacturer's engineered specifications.
(10)
Design and specification. Detailed design and specifications
will be required during the review of the application for site plan
approval and special use permit.
(11)
Ice build-up sensors. Ice build-up sensors shall be required
for industrial and commercial WECS.
(12)
Transmission lines. All power transmission lines from the WECS
electricity generation facilities shall be underground.
(13)
Blade to ground distance. The lowest portion of the blade may
not be closer than 30 feet to the ground.
(14)
Notice and safety considerations.
(a)
Signs. Caution signs shall be placed at the setback limits warning
of ice and blade throws. Signs shall be placed in accordance with
the approved site plan and contain emergency telephone numbers.
(b)
Fencing. Access to the WECS shall be limited by means of a fence
eight feet high with a minimum six inches of security wire on top
surrounding the tower base with a locking gate monitored by a security
device and tower climbing apparatus to no lower than 15 feet from
the ground or a locked door to internal stairs if so equipped.
(c)
Limit tip speed. No WECS facilities will be permitted that lack
an automatic braking, governing or feathering system to prevent uncontrolled
rotation, over-speeding, and excessive pressure on the tower structure,
rotor blades, or turbine components.
(d)
Emergency shutdown procedures. Emergency shutdown procedures
shall be filed with the Town's Code Enforcement Officer.
(15)
Operating considerations:
(a)
Removal if not operational. Any WECS which has not been in active
service for a period of 12 months shall be removed from the premises
to a place of safe and legal disposal. Additionally, all structures,
guy cables, guy anchors and/or enclosures accessory to such WECS shall
also be removed. The site shall be restored to a natural condition
to a minimum depth of three feet or as otherwise instructed by the
Town's Code Enforcement Officer or as required by the Planning Board.
Such removal shall be completed within 18 months of cessation of active
use and at the owner's expense.
(b)
Landscaping. Upon completion of installation, the site shall
be returned as close as possible to its natural state.
(c)
Building and grounds maintenance. Any damaged or unused parts
shall be removed from the premises within 30 days. All maintenance
equipment, spare parts, oil, etc., shall also be removed within 30
days. All tools and materials related to WECS operations must be removed
from the site or stored while the site is active or inactive.
(d)
Ownership changes. If the ownership of a WECS operating under
a special use permit and site plan approval changes, the special use
permit and site plan shall remain in force. All conditions of the
site plan and special use permit, including performance and maintenance
guarantees such as a letter of credit, or continuing certification
requirements of the original owner will continue to be obligations
of the succeeding owner. However, the change in ownership shall be
registered with the Town's Building Inspector/Code Enforcement Officer.
The Town of Wawayanda will retain the performance and maintenance
guarantees throughout the property transfer. The letter of credit
will not be returned to the previous owner, unless replaced by a comparable
letter of credit or cash in form and content satisfactory to the Attorney
for the Town.
(e)
WECS modification: Any and all modifications, additions or deletions
to WECS that operate under a special use permit and site plan approval,
whether structural or not, shall be made only with specific approval
by the Town's Planning Board, except that such approval shall not
be required for repairs which become necessary in the normal course
of use of such WECS or become necessary as a result of natural forces,
such as wind or ice.
(16)
Certification.
(a)
Inspection. An inspection report prepared by a professional
engineer licensed in the State of New York will be required at the
time of installation and every three years thereafter. The inspection
report will be for the structure and the electronics and will be given
to the Town's Building Inspector/Code Enforcement Officer.
(b)
National and state standards. The applicant shall show that
all applicable manufacturers', New York State, and U.S. standards
for the construction, operation and maintenance of the proposed WECS
are being complied with. All WECS shall be built, operated and maintained
to applicable industry standards of the Institute of Electrical and
Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI) or any successor organization. The applicant for a WECS special
use permit and site plan approval shall furnish evidence from a professional
engineer licensed to practice in the State of New York that such WECS
is in compliance with the standards.
(c)
Wind speed/wind load. Certification is required from a professional
engineer licensed by the State of New York or manufacturer's certification,
stating the WECS design is sufficient to withstand wind-load requirements
for structures as established by the Building Code of New York State
and will shut down when wind speeds exceed manufacturer's maximum
acceptable speed specifications.
(17)
The regulations set forth above may be modified by the Planning
Board for industrial WECS, at the Planning Board's sole discretion.
G.
Liability/indemnity.
(1)
Insurance; liability. Prior to issuance of a building permit for
a WECS, the applicant shall provide the Town in the form of an insurance
policy or a certificate of coverage issued by an insurance company
for liability insurance in an amount to be determined by the Town
Board and the Attorney for the Town, in consultation with the Town's
insurer. This policy or certificate shall be to cover damage or injury
which might result from the failure of a tower or any other part(s)
of the WECS generation and transmission facility or for any other
damage caused by the construction, maintenance or operation of the
WECS. In addition, prior to construction of any WECS, the owner of
such WECS must provide cash or a letter of credit, in amounts and
form satisfactory to the Town Engineer and the Attorney for the Town,
to guarantee the proper performance and maintenance of the WEC for
three years after construction is completed.
(2)
Performance guarantee (removal).
(a)
The owner of a WECS, after such application has been approved
and before a building permit is issued, shall submit a letter of credit
or other acceptable surety sufficient to ensure the removal of the
WECS. The letter of credit or other surety must be acceptable to the
Town Engineer and Attorney for the Town before a building permit is
issued. Said letter of credit or other surety shall be forfeited if
removal is not completed by the deadline as previously specified in
this article. This estimate will be reviewed and updated every two
years by the Town Engineer, and the owner of a WECS must increase
the amount of such guarantee if required by the Town Engineer.
(b)
If transmission services from a WECS are to be discontinued
for a period exceeding 12 months, the owner of such WECS shall notify
the Town's Building Inspector/Code Enforcement Officer within 30 days
of the date of such discontinuance.
(c)
Any WECS which has not been in active and continuous service
for a period of 12 months shall be removed from the premises to a
place of safe and legal disposal. Additionally, all structures, guy
cables, guy anchors and/or enclosures accessory to such WECS shall
also be removed. The site shall be restored to a natural condition.
Such removal shall be completed at the owner's expense within six
months of cessation of active and continuous use of such WECS, or
the owner shall forfeit the surety posted. Failure to notify and/or
remove the obsolete or unused tower in accordance with these regulations
shall be a violation of this chapter, and the cost of removing the
WECS and accessory structures shall be placed as a lien on the property
owner's tax bill.
(d)
Environmental contamination. A performance guarantee in the
form of a letter of credit or cash will be required to deal with DEC
requirements. The owner of a WECS, after such application has been
approved and before a building permit is issued, shall submit the
maximum amount letter of credit or acceptable surety necessary to
ensure the cleanup of any contamination in accord with DEC requirements.
The Town Engineer and Town Attorney shall review the letter of credit
or other surety and determine if it is adequate and satisfactory before
a building permit is issued.
(e)
Continuing obligations. All requirements detailed above shall
remain in force for the life of the special use permit.
H.
Violations and enforcement. Any person, firm, corporation, association
or entity who commits an offense against, disobeys, neglects or refuses
to comply with or resists the enforcement of any of the provisions
of this chapter, upon conviction, shall be deemed guilty of a violation,
punishable by a fine of not more than $500 or by imprisonment not
exceeding 15 days, or both such fine and imprisonment. Each week an
offense is continued shall be deemed a separate violation of this
chapter and duly punishable as such. In addition to the penalties
provided herein, the Town Board may also maintain an action or proceeding
in the name of the Town of Wawayanda in any court of competent jurisdiction
to compel compliance with or to restrain by injunction any violations
of this section and for damages, including, without limitation, the
legal cost and expenses of such action, which includes attorney's
fees.
[Added 3-3-2016]
A.
Intent and purpose.
(1)
This section is adopted pursuant to New York State Town Law
§§ 261 through 263, which authorize the Town of Wawayanda
to adopt zoning provisions that advance and protect the health, safety
and welfare of the community and to make provision for, so far as
conditions may permit, the accommodation of solar energy systems and
solar energy equipment and the access to sunlight necessary therefor.
(2)
The purpose of this section is to balance the potential impacts
on neighbors where solar collectors may be installed near their property,
while preserving the rights of property owners to install solar energy
systems without excess regulation.
(3)
Solar energy is a renewable and nonpolluting energy source that
can prevent fossil fuel emissions and reduce energy loads. Energy
generated from solar energy systems can be used to offset energy demands
on the grid when excess solar power is generated. Solar energy will
also decrease the cost of energy to the owners of commercial and residential
properties, including, but not limited to, single-family houses. Additionally,
solar energy will aid to increase employment and business development
in the region by way of furthering the installation of solar energy
systems.
B.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
LARGE-SCALE SOLAR ENERGY SYSTEM
QUALIFIED SOLAR INSTALLER
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SETBACK
SMALL-SCALE SOLAR
SOLAR COLLECTOR
SOLAR ENERGY EQUIPMENT
SOLAR PHOTOVOLTAIC (PV) SYSTEM
Definitions. For the purposes of this section, as used in this section,
the following terms shall have the meanings indicated below:
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
The effect produced by reflections of light with an intensity
sufficient to cause annoyance, discomfort or loss in visual performance
and visibility.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for consumption.
A solar energy system that is ground mounted and produces
energy primarily for the purpose of off-site consumption.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town Code Compliance Supervisor, or such other Town officer
or employee as the Town Board designates, determines such persons
have had adequate training to determine the degree and extent of the
hazard and the personal protective equipment and job planning necessary
to perform the installation safely. Such training shall include the
proper use of special precautionary techniques and personal protective
equipment, as well as the skills and techniques necessary to distinguish
exposed energized parts from other parts of electrical equipment and
to determine the nominal voltage of exposed live parts.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
The distance from a front lot line, side lot line or rear
lot line of a parcel within which a freestanding or ground-mounted
solar energy system is installed.
A solar energy system that produces up to 10 kilowatts (kW)
per hour of energy or systems which serve the building to which they
are attached, and do not provide energy for any other building off
site.
A device or structure, or part of a device or structure,
which is used to transform solar energy into thermal, mechanical,
chemical, or electrical energy.
Electrical energy storage devices, materials, hardware, inverters,
or other electrical equipment and conduits of photovoltaic devices
associated with the production of electrical energy.
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays, and solar-related equipment, which relies
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
A solar PV system may be building mounted, ground mounted or building
integrated.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar collector
system installations modified or installed after the effective date
of this section.
(2)
Solar collector system installations for which a valid building
permit has been properly issued, for which installation has commenced
before the effective date of this section, shall not be required to
meet the requirements of this section.
(3)
Any modification, expansion or alteration to an existing solar collection system shall only be permitted in accordance with § 195-42.1 herein.
(4)
All solar collection systems shall be designed, erected and
installed in accordance with applicable codes, regulations and industry
standards as referenced in the New York State Building Code. All solar
energy systems and components require a permit from the Building Department.
[Amended 3-4-2021 by L.L. No. 2-2021]
D.
Small-scale solar as an accessory use or structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use electricity on site
or off site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building or structure. Building
permits shall be required for installation of all rooftop and flush-mounted
solar collectors.
(b)
Height. Solar energy systems shall not exceed the maximum height
restrictions of the zoning district within which they are located
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(c)
Aesthetics. Roof-mounted solar energy systems shall incorporate,
when feasible, the following requirements:
[1]
Panels facing the front yard must be mounted at
the same angle as the roof's surface with a maximum distance of 18
inches between the roof and the highest edge of the system.
(d)
Roof-mounted solar energy systems that use energy on site or
off site shall be exempt from site plan review under the local zoning
code or other land use regulations.
(2)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use electricity primarily
on site are permitted as accessory structures in all zoning districts
and shall require a special use permit from the Town of Wawayanda
Planning Board along with a public hearing. Building permits shall
be required for installation of all rooftop, flush-mounted and ground-mounted
solar collectors.
(c)
Lot coverage. Systems are limited to 50% lot coverage percentage.
The surface area covered by ground-mounted solar panels shall be included
in total lot coverage.
(d)
All such ground-mounted solar energy systems in residential
districts shall be installed in the side or rear yards behind buildings
and a minimum of 50 feet from property lines.
(e)
Ground-mounted solar energy systems that use electricity primarily on site may require a site plan review under the local zoning code or other land use regulations as determined by the Town of Wawayanda Planning Board. The Planning Board shall consider the site location and determine if a site plan and/or screening will be required. Screening, which may be located in the setback area, may include earth berms, landscaping, fencing or other screening which will harmonize with the character of the property. The Planning Board may waive any and all site plan requirements in accordance with § 195-69, except a public hearing, which shall always be required.
E.
Approval standards for large-scale solar energy systems as a special
use.
[Amended 5-3-2018 by L.L.
No. 2-2018]
(1)
The purpose of these regulations is to provide utility-scale
solar collector systems through performance criteria that balance
the unique characteristics of each site.
(2)
In any instances where specific permitted uses, area or height
standards, development guidelines and/or review procedures specifically
set forth in this section shall conflict with any other general provision
or requirement of the Zoning chapter, the particular provisions set
forth herein shall take precedence and control. In all instances not
specifically addressed in this section, the New York State Building
Code shall apply.
(3)
Large-scale solar energy systems are permitted through the issuance
of a special use permit within all zoning districts, subject to the
requirements set forth in this section, including site plan approval.
Applications for the installation of a large-scale solar energy system
shall be reviewed by the Town Engineer and referred, with comments,
to the Town of Wawayanda Planning Board for its review and action,
which can include approval, approval on conditions, and denial.
(4)
Special use permit applications requirements. For a special
use permit application, the site plan application is to be used as
supplemented by the following provisions:
(a)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
(b)
Blueprints showing the layout of the solar energy system signed
by a professional engineer or registered architect shall be required.
(c)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems
and inverters that are to be installed.
(d)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(e)
Visual.
[1]
Utility-scale solar collector systems shall be
sited in a manner to have the least possible practical visual effect
on the environment.
[2]
Landscaping, screening and/or earth berming shall
be capable of providing year-round screening, if not already provided,
and shall be installed along all sides in such a way to minimize the
potential visual impacts associated with the utility-scale solar collector
systems and their accessory buildings, structures and/or equipment.
Additional landscaping, screening and/or earth berming may be required
by the Planning Board to mitigate visual and aesthetic impacts.
[3]
A visual and glare analysis shall be provided using
line-of-sight profiles from public viewing locations to proposed solar
locations.
[4]
Because of neighborhood characteristics and topography,
the Planning Board shall examine the proposed location on a case-by-case
basis ensuring that the potential impact, to residents, businesses
or traffic are not a detriment.
[5]
Any associated structure shall be screened, placed
underground, depressed, earth bermed or sited below the ridgeline
to the greatest extent feasible, particularly in areas of high visibility.
(f)
Proof of insurance. The applicant and the owner of the property
where the utility-scale solar collector system is to be located shall
file with the Building Department proof of insurance in a sufficient
dollar amount to cover potential personal and property damage associated
with construction and operation thereof.
(g)
Security provisions. Each site shall have a minimum of an eight-foot
security fence to prevent unauthorized access and vandalism to the
utility-scale solar collectors and a security program for the site
as approved by the Planning Board during a site plan review.
(h)
Noise. Noise-producing equipment shall be sited and/or insulated
to minimize noise impacts on adjacent properties as approved by the
Planning Board during site plan review.
(i)
Decommissioning plan. To ensure the proper removal of large-scale
solar energy systems, the applicant shall submit a decommissioning
plan for review and approval as part of the special use permit application.
The decommissioning plan shall identify the anticipated life of the
project, method and process for removing all components of the solar
energy system and returning the site to its preexisting condition,
and estimated decommissioning costs, including any salvage value.
Compliance with this plan shall be made as a condition of the issuance
of a special use permit under this section. The decommissioning plan
must specify that after the large-scale solar energy system can no
longer be used, it shall be removed by the applicant or any subsequent
owner. The plan shall demonstrate how the removal of all infrastructures
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state prior to the construction. The plan
shall also include an expected timeline for execution. A cost estimate
detailing the projected cost of executing the decommissioning plan
shall be prepared by a professional engineer or contractor. Cost estimations
shall take into account inflation. To secure such removal, the applicant
shall provide and maintain a form of financial surety. Such financial
surety shall be provided either through a security deposit, escrow
account, bond, or in a manner otherwise acceptable to the Town and
shall be in an amount to be established by the Town Board upon recommendation
from the Town Engineer. The bond amount will be equal to 125% of the
decommissioning and reclamation cost for the entire system. The full
amount of the financial security shall remain in full force and effect
throughout the term of the approval and/or until any necessary site
restoration is completed to restore the site to a condition comparable
to that which existed prior to the issuance of the original approval.
The Town may periodically review the financial security to determine
if any adjustments in the bond amount are required. Removal of large-scale
solar energy systems must be completed in accordance with the decommissioning
plan. If the large-scale solar energy system is not decommissioned
after being considered abandoned, the municipality may remove the
system and restore the property and impose a lien on the property
owner to cover these costs incurred by the municipality.
(5)
Special use permit standards.
(a)
(b)
An additional 100-foot setback from the minimum yard setback
along all property lines that abut a lot in a residential district.
This additional setback shall apply to the front yard setback when
the lot on the opposite side of the street is located in a residential
district.
(c)
Large-scale solar systems shall be set back a minimum of 200
feet from any public or private road.
(d)
Lot Size. Large-scale solar energy systems shall be located
on lots with a minimum lot size of 10 acres. The maximum size of all
solar panels, equipment, apparatus and fenced in area shall not exceed
40 acres.
(e)
Lot coverage. A large-scale solar energy system that is groundmounted
shall not exceed 50% lot coverage of the lot on which it is installed.
(f)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and perimeter of the fencing.
(g)
A large-scale solar energy system shall not be permitted on a site
unless at least 50% of the site has existing solar access for the
proposed solar energy system prior to any land disturbance or tree
clearing.
[Added 8-11-2022 by L.L. No. 4-2022[1]]
[1]
Editor's Note: This local law also redesignated former Subsections
G and H as Subsections K and L, respectively.
(h)
A large-scale solar energy system shall not be permitted on a site
where 50% or more of the site contains either or both of the following
sensitive areas:
[Added 8-11-2022 by L.L. No. 4-2022]
(i)
Large-scale solar energy systems shall not be constructed on any portion of a lot containing a sensitive area listed in Subsection E(5)(h) above, except that where no practical alternative exists, the Planning Board may allow limited disturbance of such areas to provide vehicular access or the installation of utility lines and security fencing.
[Added 8-11-2022 by L.L. No. 4-2022]
(j)
No more than five acres of forested land, defined as a forested area
where the canopy layer is comprised of at least 50% of trees having
an average diameter at breast height of eight inches or greater, may
be cleared in connection with the construction of a large-scale solar
energy system.
[Added 8-11-2022 by L.L. No. 4-2022]
(k)
Any application under this section shall meet any substantive
provisions contained in local site plan requirements in the Zoning
Code that, in the judgment of the Town of Wawayanda Planning Board,
are applicable to the system being proposed. If none of the site plan
requirements are applicable, the Town of Wawayanda Planning Board
may waive the requirement for site plan review.
(l)
The Town of Wawayanda Planning Board may impose conditions on
its approval of any special use permit under this section in order
to enforce the standards referred to in this section or in order to
discharge its obligations under the State Environmental Quality Review
Act (SEQRA).[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
F.
Abandonment and decommissioning. All solar energy systems are considered
to be abandoned after one year without electrical energy generation
and must be removed from the property where they are located. Applications
for a one-year extension for removal are reviewable by the Town of
Wawayanda Planning Board. A maximum of two one-year extensions may
be granted for each property.
G.
Enforcement. Any violation of this Solar Energy Law shall be subject
to the same civil and criminal penalties as provided for in the Zoning
Code of the Town of Wawayanda
H.
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision or phrase of this
section as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision or phrase which shall remain in full force and effect.
All commercial forestry operations shall require a special use
permit approval by the Planning Board. Approval of commercial forestry
operations shall require the following:
A.
In addition to any site plan requirements that the Planning Board shall determine are required under Article VII, the application for permit shall also include the following:
(1)
The name and address of the harvester (logger) or purchaser.
(2)
The location of the planned harvest operation and showing the location
of the work areas, including loading areas, haul roads, landings and
stream crossing.
(3)
The approximate acreage to be cut and the approximate dates upon
which such harvesting activity will occur.
(4)
A description of the type of harvesting activity. Diameter-limit
cutting (the minimum diameter and height measurement shall be designated),
thinning or selection cutting, in which case the method of selections
shall be explained.
(5)
A copy of a contract with the logger or proposed contract with a
prospective logger. If not available at the time of filing of the
registration statement, the contract must be filed prior to the commencement
of logging operations.
(6)
A statement of the steps to be taken:
(a)
To mitigate and control environmental damage;
(b)
For reclamation to limit subsequent environmental damage, including
soil erosion control and the protection of streams; and
(c)
To assure that culverts and Town roads are protected from damage
caused by the logging operation and from the transportation of timber,
including compliance with truck weight limitations.
B.
Exemption of lands harvested under approved management plans. Lands
enrolled with the State Department of Environmental Conservation under
the provisions of the Forest Tax Law provisions of the Real Property
Tax Law[1] and lands otherwise harvested and managed in conformity with a forest management plan approved by the State Department of Environmental Conservation shall be exempted from the bonding requirements of Subsection F below.
[1]
Editor's Note: See § 480-a of the Real Property
Tax Law.
C.
Standards and limitations for commercial forestry operations. No
harvesting, cutting or removal of products shall take place between
the hours of 7:00 p.m. and 7:00 a.m. or at any time on Sundays or
legal holidays.
(1)
All commercial forestry operations shall be managed and conducted
in accordance with the New York Timber Harvesting Guidelines, which
shall be enforceable hereunder as standards for forestry operations
in the Town of Wawayanda.
(2)
Buffer strips shall be retained at least 25 feet wide along streams
and at least 25 feet wide along public roads, public rights-of-way,
scenic trails open to the public, lakefront areas, public buildings,
adjacent residences and parks. Within the buffer strips, a basal area
of 75 square feet per acre shall be maintained.
(3)
No landings shall be located within buffer strips abutting streams,
scenic trails, lakefront areas and public buildings. No landing or
other operations shall be located within 50 feet of a residential
building. Utility line maintenance shall be excluded from the prohibition
of cutting trees within the buffer strip.
D.
Clearcutting as a method of harvesting forest products is prohibited
unless clearly justified by the requirements of sound forest management.
E.
Upon approval by the Planning Board, the permit shall be valid for
a maximum period of five years.
F.
Security. As a condition of the permit, a certified check or irrevocable
letter of credit shall be posted with the Town Clerk by the owner
or logger in the amount of $100 per acre of land in order to assure
compliance with the provisions of this section. Upon completion of
such harvesting activities and the compliance with all provisions
of this section, the Town Building Inspector/Code Enforcement Officer,
Town Engineer, consulting forester, and/or Highway Superintendent
shall inspect the site to assure that appropriate erosion control
has been implemented, Town roads and infrastructure have not been
damaged and forestry operations have been undertaken in accordance
with the approved plan. Upon such notification, the security shall
be returned. In the case of noncompliance with this section, the Town
Board shall utilize such security, and in the event that such security
is insufficient, the Town may bill the property owner in the amount
of the insufficient security and, if such bill is not paid, assess
and levy such amount on the real property tax bill and collect such
amount in the same manner as real property taxes.
[Amended 3-4-2021 by L.L. No. 2-2021]
A.
Purpose. In the development and execution of this section, it is
recognized that there are some adult uses which, because it is their
very nature, are recognized as having serious objectionable characteristics.
The objectionable characteristics of these uses are further heightened
by their concentration in any one area, thereby having deleterious
effects on adjacent areas. The intent is to try to ensure that these
adverse effects will not contribute to the blighting or downgrading
of surrounding neighborhoods or land uses, increase crime or police
calls, increase the quantity of transients in residential and commercial
areas, cause a deterioration in the quality of life in residential
neighborhoods, increase the accessibility of adult-oriented material
and entertainment to minors, and encourage residents and businesses
to locate elsewhere.
C.
RESTRICTION ON LOCATION
(1)
(2)
(3)
(4)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
No adult use shall be located within a five-hundred-foot radius
of any residential zoning district.
No adult use shall be located within a one-thousand-foot radius
of the property of any church, synagogue, mosque or other place of
religious worship.
No adult use shall be located within a one-thousand-foot radius
of any school, park, civic- or youth-oriented center, playground or
playing field.
No adult use shall be located within a five-hundred-foot radius
of the property of another adult use.
D.
Exterior display prohibited. No adult use shall be conducted in any
manner that allows the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way. This provision shall apply to any display,
decoration, sign, show window or other opening.
[Added 9-19-2023 by L.L. No. 5-2023]
A.
CANNABIS RETAIL DISPENSARY
HOUSE OF WORSHIP
PUBLIC YOUTH FACILITY
SCHOOL or SCHOOL GROUNDS
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
A business that sells at retail any cannabis product authorized
under the New York State Cannabis Law to be sold at such retail dispensary
and in accordance with a license granted by the New York State Office
of Cannabis Management.
Any building or property owned or leased by a religious corporation
as described by New York State Religious Corporation Law or used by
a religious corporation or association of any denomination pursuant
to the written permission of the owner thereof, which is used by members
as a meeting place for divine worship or other religious observances.
A location or structure owned by a government or government
subdivision or agency, that is accessible to the public, which provides
recreational opportunities or services to children or adolescents
of whom the primary population is reasonably expected to be 17 years
of age or younger.
Any building, structure and surrounding outdoor grounds,
including entrances or exits, containing a public or private preschool,
nursery school, elementary or secondary school's legally defined
property boundaries as registered or filed in the County Clerk's
office.
B.
Adult-use cannabis retail dispensaries shall be allowed as a special use in the MC-1 and MC-2 Zoning Districts. In addition to other applicable provisions of law, including the special use and site plan requirements and procedures set forth in Article VII of this chapter, cannabis retail dispensaries shall comply with the following requirements:
(1)
A license from the State Office of Cannabis Management shall
be required for the operation of any cannabis retail dispensary. If
the State Cannabis Law or regulations adopted by the OCM provide additional
or more restrictive provisions than this section, the provisions of
the state law or regulations shall be controlling and may be enforced
by the Town as if set forth herein in full.
(2)
Site preparation or construction of a cannabis retail dispensary
shall not commence, nor shall any existing structure be occupied or
used as a cannabis retail dispensary, until final site plan and special
permit approval has been granted by the Planning Board.
(3)
Separation distances.
(a)
No cannabis retail dispensary shall be located on the same road
and within 500 feet of a school or a public youth facility, or on
the same road and within 200 feet of a house of worship.
(b)
No cannabis retail dispensary shall be located within 2,000
feet of another cannabis retail dispensary or within 2,000 feet of
another cannabis facility or use that requires a license from the
OCM, including but not limited to storage facilities, warehouses,
cultivators, nurseries, processing facilities, distributors and distribution
centers, adult-use cooperatives, and/or adult-use microbusinesses.
(c)
Separation distances shall be measured as a straight line from
the center of the nearest entrance of the cannabis retail dispensary
to the center of the nearest entrance of the building occupied as
a school, public youth facility, house of worship, or other regulated
cannabis facility or use, or as otherwise set forth in the state regulations.
(4)
A cannabis retail dispensary may open no earlier than 9:00 a.m.
and shall close no later than 10:00 p.m. on the same day.
(5)
A cannabis retail dispensary shall prevent the odor of cannabis
from emanating beyond the walls of the premises by utilizing appropriate
ventilation and air filtration systems.
(6)
Drive-thru service windows for person(s) using ground transport
are not permitted.
(7)
A cannabis retail dispensary shall not display cannabis products
or cannabis paraphernalia or any packaging or labeling that could
reasonably be mistaken for a cannabis product in a storefront window
or other location that makes the product or paraphernalia visible
to individuals utilizing the public road(s) on which the dispensary
is located.
(8)
A cannabis retail dispensary shall install a security system
which shall, at a minimum, include:
(a)
A perimeter alarm that communicates with a designated owner
or employee of the dispensary and a third-party commercial central
monitoring station when intrusion is detected; and
(b)
Video camera surveillance at all points of entry and exit, and
in any parking lot, which shall be appropriate for the normal lighting
conditions of the area under surveillance.
(9)
The Planning Board or Zoning Board of Appeals, as applicable,
shall have the authority to consider any factor and to impose any
approval condition or standard that is not expressly preempted by
the state statute or regulations.
C.
If any aggrieved person claims that any provision of this section
is unreasonably impracticable, that person may file an appeal with
the Town Zoning Board of Appeals (ZBA) requesting an interpretation
of the meaning and application of such provision within 60 days of
such aggrievement. If any aggrieved person claims that any determination
regarding the interpretation of any provision of this section is unreasonably
impracticable or if any municipal action taken pursuant to this section
or otherwise pursuant to the Town Zoning Code is unreasonably impracticable
or discriminates against or frustrates a registrant's, licensee's
or permittee's ability to carry out the operation of a cannabis
retail dispensary, that person may appeal such determination or municipal
action to the ZBA within 60 days of the date of such determination
or municipal action. Failure to file a proper appeal with the ZBA
within such sixty-day period shall constitute the failure to exhaust
administrative remedies.
[Amended 3-4-2021 by L.L. No. 2-2021]
The following additional standards must be met in conducting
animal husbandry and commercial agricultural operations.
A.
Agriculture.
(1)
Non-animal agriculture operations, such as the raising of field,
greenhouse, nursery and garden crops, sod and vineyard and orchard
farming shall be permitted in all zoning districts.
(2)
The keeping, breeding and raising of livestock shall be permitted on lots equal to or greater than two acres but less than or equal to seven acres, provided that the following provisions are met. This section shall not prevent the keeping of ordinary household pets such as dogs and cats in compliance with Subsection C below and animal control regulations of the Town Code.[1] Keeping of livestock on lots of less than two acres in
size may be permitted as a special use. No roosters shall be permitted
on a lot less than two acres.
|
Number of Animals
| ||
|---|---|---|
|
Species
|
Permitted
| |
|
Dairy and beef cows, horses and other domestic animals of similar
size
|
1 for the first 2 acres, plus 1 for each additional 1 acre up
to 7 acres
| |
|
Sheep, goats, swine and other domestic animals of similar size
|
1 for the first 2 acres, plus 1 for each additional 1 acre up
to 7 acres
| |
|
Poultry, rabbits and other domestic animals of a similar size
| ||
|
From 2 to 4.9 acres:
|
Maximum of 50
| |
|
From 5 to 7 acres:
|
Maximum of 150
| |
(3)
The keeping, breeding and raising of livestock, poultry and similar animals shall be permitted on lots greater than seven acres and shall not be subject to the requirements of Subsection A(2) above.
(4)
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 75 feet from any side or rear lot lines
for lots equal to or greater than two acres but less than or equal
to seven acres. The storage of manure or other odor- or dust-producing
substances in nonagricultural districts shall be set back 150 feet
from any side or rear lot lines for lots greater than seven acres.
(5)
Barns and structures for the housing of livestock on lots smaller
than seven acres shall be set back the minimum distance required for
accessory structures. Poultry, rabbits and other animals of similar
size shall be housed in structures that shall be set back 20 feet
minimum from any property line. State right-to-farm provisions shall
apply in all other instances.
B.
Stables and riding academies.
(1)
The minimum area required for the commercial stabling of horses on
any lot shall be seven acres. There shall be no storage or use of
manure or other dust-producing substances within a distance of 100
feet from any lot line. Riding trails may be no closer than 50 feet
to any lot line, nor shall any riding trail cross a public way, road,
street or highway unless by prior approval of the Planning Board.
All lighting shall be so located as not to be visible at the source
from any adjoining property. The use of existing barns and structures
is to be encouraged; such existing buildings will be exempt from applicable
setback requirements.
(2)
Provisions shall be made for removal or handling of manure in such
a manner that does not pollute groundwater or surface water or create
a public nuisance.
(3)
Public events, demonstrations, horse shows, rodeos or competitive
events held in connection with riding academies or stables shall be
permitted, providing that adequate sanitation facilities, sufficient
parking and crowd control measures are provided as determined by the
Town Board.
(4)
The applicant shall be permitted to regularly maintain no more than
10 horses over six months old on the premises for the first seven
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 seven
acres owned by the applicant.
(5)
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.
(6)
In granting any special use permit pursuant to this section, 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 amplification systems.
(7)
The location of commercial stables and riding academies pursuant
to this section shall be permitted pursuant to a special use permit
in the following zones: AP, AB, AR, SR, RH, TC and MC.
C.
Animal hospitals or veterinary clinics and commercial or not-for-profit
kennels shall, where permitted, be subject to the following standards:
(1)
The minimum lot size for a commercial or a not-for-profit dog kennel
shall be 10 acres.
(2)
No kennel, runway or exercise pen shall be located within 300 feet
of any lot or street line.
(3)
For animal hospitals and veterinary clinics, all facilities other
than exercise pens and runways shall be maintained in enclosed structures
which shall be of soundproof construction and so maintained as to
produce no dust or odors at the property line.
(4)
All facilities shall be permanently screened from all surrounding
properties.
(5)
In issuing the special use permit, the Planning Board shall stipulate
the maximum number and type of animals to be boarded, harbored or
trained.
A.
All such premises shall be constructed and operated in conformance
with applicable state and federal regulations.
B.
Accessory tenant housing and dormitory accommodations may be located
on lands that are considered part of the same farming operation at
which the tenant/migrant labor is employed, but said structures shall
be regulated as a principal building in accordance with the bulk standards
provided for migratory housing in the applicable zoning district.
A.
Camps shall provide a minimum of 10,000 square feet per cabin site
and the same for the principal building.
B.
No tent activity area or recreational facility shall be located nearer
than 100 feet from any public road and 100 feet from any adjoining
property line.
C.
Buildings and sleeping quarters (except tents) shall be set back
a distance of 20 feet from each other, and tents shall be set a minimum
of 10 feet apart.
D.
Cabins or cottages, designed for one-family occupancy only, shall
be permitted.
E.
Accessory recreational facilities shall be set back 200 feet from
all lot lines and shall be effectively screened along lot lines, as
required by the Planning Board.
F.
If floodlighting is used, exterior lighting shall be restricted to
that essential for the safety and convenience of the users of the
premises, and the source of such illumination shall be shielded from
the view of all surrounding streets and lots.
G.
The Planning Board may permit the use of outdoor public address systems,
provided that no more sound shall carry beyond the limits of the camp
site than would be inherent in the ordinary residential use of the
property.
H.
All structures and uses shall be effectively screened along lot lines,
as required by the Planning Board.
I.
All provisions of the Sanitary Code or such other regulations of
the County Health Department pertaining to camps and their sanitary
facilities must be met.
Hotel, motel and resort establishments, where permitted, shall
require special use review by the Planning Board and be subject to
the following standards:
A.
A site to be used for a motel, hotel or resort establishment shall
include an office and lobby and may include accessory uses as follows:
restaurants, coffee shop or cafeteria providing food and drink, amusement
and sports facilities such as a swimming pool, children's playground,
tennis or other game sports, and game or recreational rooms.
B.
Lot area shall be a minimum of two acres plus one acre for each 15
rooms beyond the first 20 on lots without central water and sewer,
and a minimum of one acre plus 1/2 acre for each 15 rooms beyond the
first 20, provided the site can support such density and also accommodate
accessory structures and uses, parking, stormwater, septic and water
facilities and any other requirements. The lot shall also have not
less than 200 feet of frontage on a Town, county, state or federal
highway.
C.
Point of ingress and egress shall be limited to a total of two on
any street. All off-street parking areas shall be at least 25 feet
from all property lines, and parking areas serving a restaurant, cafeteria
or coffee shop shall be at least 20 feet from all motel dormitory
units.
D.
Individual hotel, motel and resort rooms shall not contain kitchen
facilities of any nature and shall not be used as apartments for nontransient
tenants or other single-room-occupancy residential uses. A hotel,
motel or resort shall not constitute an individual’s or family’s
residence, except for a live-in manager, and shall not be construed
to be a multifamily dwelling. A guest may stay at a hotel, motel or
resort for no more than 30 consecutive days and for no more than a
total of 30 days within a five-week period. A hotel, motel or resort
shall not be construed to include bed-and-breakfast establishments,
mobile homes, campers or campgrounds.
[Amended 9-2-2021 by L.L. No. 4-2021]
E.
No hotel, motel or resort use shall be permitted which is intended
to accommodate activities of a health care, rehabilitative or medical
nature. Such facilities shall be considered separate uses and limited
to those zoning districts where specifically permitted by listing
on the Schedule of District Regulations.[1]
[1]
Editor's Note: The respective districts' Schedule of District
Regulations are included at the end of this chapter.
F.
The exterior treatment, including colors, textures and materials,
of all structures within a hotel or motel development shall be muted
and blend into the surrounding landscape or adjacent land uses.
G.
Lighting throughout the area shall not exceed 1.5 footcandles (average
reflective method) at ground level except in the case of recreational
facilities, which may be illuminated in excess of that standard, provided
that opaque screening is utilized to entirely block the reflected
glare of the area from adjacent uses.
A.
Hospitals, nursing homes and other senior life-care facilities are
permitted as specified on the use table. Senior life-care facilities
shall be defined as any premises containing sleeping rooms, with or
without kitchens, or living units used by persons who are lodged and
furnished with optional meals, health care or other supportive services
connected with the activities of daily living, including nursing homes,
assisted and independent living projects and other similar uses primarily
intended for the elderly or infirm, and not including group homes,
hospitals, clinics or alcohol- and drug-rehabilitation facilities.
These facilities may receive, at the discretion of the Planning Board,
up to a twenty-five-percent density bonus but be subject to all other
applicable multifamily dwelling standards.
B.
Hospitals providing community general hospital care, including outpatient
mental health services, are permitted on lots with the minimum area
and lot width specified for the applicable zoning district, provided
that all other requirements are in full compliance with these regulations.
C.
In addition to approval of a special use permit for a hospital, nursing
home or convalescent home, the Planning Board may also allow, in separate
facilities upon the same or an abutting lot, offices and facilities
for administration, doctors' offices, dispensaries or other like uses
that are clearly accessory to the principal use, provided that such
facilities shall observe the setbacks for the principal use from any
property line other than property lines which adjoin another such
hospital. Such facilities need not be in the same ownership.
D.
A parking plan shall be submitted for approval together with the
special use permit that ensures the adequacy of parking facilities
for all inpatient, outpatient and staff needs.
A.
A buffer landscape strip shall be required to protect play yards
from dust, dirt and noise as well as to screen and protect adjacent
properties from any site-generated noise. A minimum twenty-foot landscaped
strip shall be densely planted with shrubs and trees to create an
opaque screen. No plantings shall cause an interference with required
lines of sight for entry and exit drives.
B.
Outdoor play areas shall be provided with a minimum space of 40 square
feet per child. Play areas shall include turf grass areas and space
for play equipment and circulation. Play areas shall not exceed 10%
in slope.
C.
Fencing not less than four feet high and not greater than six feet
high shall be required in addition to a landscape strip, unless it
can be demonstrated to the satisfaction of the Planning Board not
to be necessary for the protection of health and safety. Only a day-care
center that is on a local road may apply for the waiver.
D.
Such use shall require certification from appropriate state agencies.
A.
Strict compliance with New York State standards shall be required
in the design and construction of devices for storing and handling
gasoline and other products to keep the hazards of fire and explosion
involving the same to a minimum.
B.
The minimum required lot area for such use shall be 30,000 square
feet, with a minimum lot width and road frontage of 150 feet.
C.
There shall be safe and adequate sight distance in each direction
along the highway on which the property has access, and the use of
property shall not otherwise create a traffic hazard.
D.
Pumps and other devices shall be located at least 40 feet from any
property line. Signs shall be located at least 20 feet from any property
line.
E.
No major repair work shall be performed out-of-doors.
F.
All automobile parts, dismantled vehicles and similar articles shall be stored within a building, except as provided for in Subsection H of this section.
G.
The illuminated part of and lettering which are customarily part
of or affixed to gasoline pumps shall not be deemed signs.
H.
No more than five wrecked, partially dismantled or unlicensed vehicles
shall be kept on the premises, and all such vehicles shall be kept
within a building or concealed behind a board fence at least six feet
high.
I.
No dead storage or parking of vehicles shall be permitted, except
vehicles awaiting immediate service or repair or those vehicles impounded
at the direction of the police.
J.
A minimum twenty-five-foot landscape buffer shall be provided on
side and rear yards.
K.
For auto body shops, said shop shall be licensed by the applicable
regulating agency. A copy of said license shall be filed as part of
the special use permit application.
A.
Bed-and-breakfasts shall be on a minimum lot area of two acres for
the first four guest rooms.
B.
One additional guest room may be provided for every additional 1/4
acre, up to a maximum of 12 guest rooms.
C.
The owner shall demonstrate that there are adequate sewer and water
supply facilities to serve the guests to be accommodated.
D.
No bed-and-breakfast facility shall lodge persons for more than two
weeks at a time.
A.
Yard sales. Individual private family yard sales are a permitted
use in all zoning districts. They shall require permits from the Town
Clerk and be subject to the following specific regulations and requirements:
(1)
Each individual property location may have a maximum of five yard
sales during any one calendar year. Each sale shall last a maximum
of three consecutive days.
(2)
All items shall be placed and offered for sale within the confines
of the property described in the permit.
(3)
Yard sales are meant to allow individuals to offer for sale accumulated
normal household items or arts and crafts, and the buying and selling
of commercial or surplus material shall be considered a commercial
operation and shall be prohibited unless otherwise specifically permitted
herein.
B.
Flea markets and tent sales. Business owners, churches, schools and other commercial or nonprofit organizations within all districts may conduct flea markets and tent sales, provided no more than three such sales shall be conducted per calendar year and each sale is limited to four days' length. A flea market is hereby defined for these purposes as an occasional or periodic market held in an open area or structure where individual sellers or groups of sellers offer goods for sale to the public on a commercial basis. The enterprise shall not be conducted within required yards, on public rights-of-way or without otherwise complying with the requirements of this chapter pertaining to parking, lighting, noise and signage. Exhibition licenses shall be required for this purpose in accord with Chapter 46 of the Town of Wawayanda Code.[1]
C.
Seasonal roadside stands. Temporary seasonal roadside produce stands
used to sell garden or farm produce shall be permitted within all
zoning districts as an accessory use in conjunction with any other
agricultural use operated on the same parcel, provided these activities
only take place between March 1 and December 31 and are limited to
500 square feet or less in display area. No permanent structures shall
be permitted in connection with such uses. The enterprise shall also
not be conducted within required yards, on public rights-of-way or
without otherwise complying with the requirements of this chapter
pertaining to parking, lighting or signage.
[Amended 3-4-2021 by L.L. No. 2-2021]
D.
Other temporary or permanent outdoor commercial display and storage.
Unless otherwise permitted by this chapter, there shall be no temporary
or permanent outdoor commercial display and storage of merchandise
for the sale, including used motor vehicles, except as a special use.
The Planning Board shall consider the following in reviewing such
applications:
(1)
The location and size of the proposed use.
(2)
The nature and intensity of the operations involved.
(3)
The size of the site in relation to the use and its location with
respect to highways or streets giving access to the same.
(4)
Whether such use will discourage the appropriate development and
use of adjacent land or buildings or impair the value thereof.
(5)
Whether there are any characteristics of such use that will be objectionable
to occupants of nearby properties.
(6)
The electric lighting and advertising that will be involved in such
use.
(7)
Any other pertinent information that may be necessary to determine
if such proposed special use meets the requirements of this chapter
and the public convenience, welfare and safety.
(8)
Automobile- or equipment-related uses involving outdoor display or
storage of automobiles or equipment on a commercial basis shall be
limited to districts where such uses are otherwise permitted.
[Amended 9-2-2021 by L.L. No. 4-2021]
A.
Schools and places of worship shall be located on lots that front
on and obtain vehicular access only from state and county highways.
A.
Multifamily dwelling projects shall be considered major subdivisions.
This major subdivision classification shall apply to all subdivisions
of property in connection with the development, regardless of whether
or not the same are connected with building development, and the approvals
required shall be requested and acted upon concurrently as one subdivision.
Application for preliminary approval of multifamily dwelling projects,
accordingly, will be made to the Town in the manner provided under
the Town's Land Subdivision Law.[1]The subdivider shall also submit all information required
by such regulations plus the following additional data;
(1)
An application for approval on a form to be supplied by the Town
or, in the absence of such form, by a letter or brief from the developer
or his or her representative indicating how the development will specifically
comply with or meet the criteria set forth herein.
(2)
A proposed plot plan showing the approximate (generally within five
feet) locations of all buildings and improvements, including parking
areas, planting strips (if any), signs, storm drainage facilities,
water supply, sewage treatment and collection systems and the specific
areas provided as open space in connection with the requirements of
this chapter. Building layouts, floor plans and profiles shall also
be provided, indicating building dimensions, numbers, and sizes of
units, common ownership or use areas (apart from the open space referenced
below), lighting and such other information as shall be required to
determine compliance with the design standards contained herein and
any other building standards which may be applicable in the Town of
Wawayanda. Setbacks from property lines, improvements and other buildings
shall also be indicated.
(3)
A schedule or plan and proposed agreement(s), either with the Town
or a property owners' association, for the purpose of dedicating,
in perpetuity, the use and/or ownership of the recreation area and
open space required by this chapter to the prospective dwelling owners
or occupants. Such agreement may be incorporated in the applicant's
proposed covenants and restrictions but shall in any event provide
to the satisfaction of the Town that maintenance and use of the property,
regardless of ownership, be restricted to either activities intended
for the sole benefit of the occupants of the particular project proposed
or permanent open space as hereinafter provided.
B.
The Planning Board shall act on the preliminary development plan
and special use application concurrently, provided an environmental
assessment is also conducted pursuant to the New York State Environmental
Quality Review Act.[2] No building permit shall be issued to the applicant, however,
until all conditions attached to the approval of any preliminary development
plan shall have been satisfied, and nothing herein shall be construed
as permitting the issuance of a building permit prior to preliminary
approval and the filing of financial guarantee as required. This requirement
notwithstanding, the building permit application shall be made with
the development plan and shall, if granted, be valid for a period
equal to that for preliminary development plan approval. If the preliminary
development plan shall be rejected, no building permit shall be granted.
[2]
Editor's Note: See Environmental Conservation Law: Art. 8
(§ 8-0101 et seq.); see also, 6 NYCRR 61.
C.
Following preliminary plan approval, the developer shall provide
for the installation of required or proposed improvements, including
but not limited to streets, parking areas, storm drainage facilities,
recreational facilities and lighting. Building improvements shall
similarly be completed or guaranteed prior to the applicant's request
for final development plan approval. No certificate of occupancy (where
the same is required) shall, however, be issued until such time as
final development plan approval shall have been granted in accordance
with the procedures and requirements of this chapter and buildings
have been completed and inspected by the Town Building Inspector.
D.
Complete final building plans shall also be submitted as part of
the final development plan application.
E.
No person shall sell, transfer, lease or agree or enter into an agreement
to sell or lease any land and/or buildings or interests in the individual
dwelling units to be created, or erect any building thereon except
in accord with the provisions of this chapter, unless and until final
development plan approval shall have been granted (unless the improvements
shall have been guaranteed), and the plan has been recorded in the
office of the Orange County Clerk.
F.
Multifamily dwelling density shall be granted a one-hundred-percent
density bonus above the number of dwelling units per acre which would
be permitted within the district if the parcel on which the units
are to be constructed were to be developed for one-family residential
use. Density shall be calculated by taking the total acreage of the
development and deducting the following acreages: land contained within
public rights-of-way; land contained within the rights-of-way of existing
or proposed private streets (where formal rights-of-way are not involved,
the width shall be assumed to be 50 feet); land contained within the
boundaries of easements previously granted to public utility corporations
providing electrical or telephone service; all wetlands, floodplains,
slopes of 25% or greater grade, water bodies and other undevelopable
areas (unless such areas are used for some active recreational purpose,
such as trails, or employed for some other development purpose, such
as a stormwater detention area); and dividing by the number of proposed
units.
G.
All areas of a multifamily development not conveyed to individual
owners and not occupied by buildings and required or proposed improvements
shall remain as permanent open space or be dedicated to recreation
area to be used for the sole benefit and enjoyment of the residents
of the particular units being proposed. No less than 50% of the tract
shall be used for this purpose, and fees in lieu of dedication may
not be substituted for such space. Such open space shall be subject
to the following regulations:
(1)
No less than 50% of the open space to be provided (25% of the total tract) shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed. Recreation areas (as distinct from other open space) shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development. They shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting as provided for in Subsection G(2) below. They shall be usable for active recreational activities and shall not include wetlands, quarries, slopes over 15% in grade, water bodies or acreage used for improvements, such as storm drainage facilities or sewage effluent disposal areas.
(2)
Land designated as open space shall be permanently maintained as
such and not be separately sold, used to meet open space or recreation
area requirements for other developments, subdivided or developed,
excepting that a holding zone may be reserved for future development
pursuant to density and other zoning requirements as they presently
exist, provided such lands are specifically defined and indicated
as "reserved for future development" on all development plans. Such
lands shall not be included in calculating permitted density for the
proposed development. These provisions, however, shall not be construed
as granting or reserving to the developer any rights or privileges
to develop on the basis of a preapproved plan if density or other
zoning requirements shall have been modified to preclude such development.
(3)
Open space areas shall be permanently maintained so that their use
and enjoyment as open space are not diminished or destroyed. Such
areas may be owned, preserved and maintained by dedication to a property
owners' association which assumes full responsibility for maintenance
of the open space and/or deed-restricted private ownership which shall
prevent development of the open space, provide for its maintenance
and protect the rights of owners or occupants of dwelling units to
use and enjoy, in perpetuity, such portion of the open space as shall
have been dedicated to recreation area for the project. This is intended
to allow the owner/developer to retain ownership and use of a portion
of the property (for hunting, fishing, etc.), provided the permanence
of the open space is guaranteed.
(4)
Whichever maintenance mechanism(s) is used, the developer shall provide,
to the satisfaction of the Town Attorney and prior to the granting
of any final development plan approval, for the perpetual maintenance
of the open space and also the use and enjoyment of the recreation
area by residents of the units being approved. No lots shall be sold
nor shall any building be occupied until and unless such arrangements
or agreements have been finalized and recorded.
(5)
Developments of 50 units or more shall provide 1/2 acre of playground
area per 50 units unless restricted to adult occupancy only.
H.
All multifamily developments shall be served with central sewage
facilities and water supplies. Effluent disposal areas shall also
be subject to the setback requirements applicable to other multifamily
buildings and structures at a minimum.
I.
The following design criteria shall apply to multifamily developments;
(1)
There shall be no more than 15 dwellings in each multifamily building.
(2)
No structure shall be constructed within 50 feet of the edge of any
access road to or through the development or within 10 feet of the
edge of any parking area. No buildings shall be located within 100
feet of any pond, reservoir, lake or watercourse that is part of a
water supply system.
(3)
Access roads through the development shall comply with minor street
requirements as specified in this chapter, and no parking space shall
be designed such that a vehicle would be backing or driving out onto
a through road. Instead, there shall be a defined entrance and exit
to and from each parking area.
(4)
Access and egress from the proposed development shall be to a public
road, and a traffic engineering study shall be an integral part of
the site plan application. Such entrances and exits shall be at least
100 feet from any intersection and shall meet AASHTO Standards. No
multifamily development shall be served by more than one entrance
and one exit from any public highway, unless topography or other physical
circumstances would preclude the use of a single entrance in a safe
manner.
(5)
Parking spaces of one per bedroom shall be provided, plus 20% additional
spaces for visitor parking. The 20% additional parking spaces may
be land banked with approval of the Planning Board. Land-banked parking
must be constructed within six months after notice from the Building
Inspector.
[Amended 3-4-2021 by L.L. No. 2-2021]
(6)
No more than 60 parking spaces shall be provided in one lot, nor
more than 15 in a continuous row without being interrupted by landscaping.
All off-street parking shall be adequately lighted and so arranged
as to direct lighting away from residences.
(7)
No structure shall be erected within a distance equal to its own
height of any other structure.
(8)
All multifamily structures shall be a minimum of 100 feet from any
of the exterior property or boundary lines of the particular project
involved and 75 feet from any public right-of-way.
(9)
Where a property line is not wooded, a planting strip of 50 feet
in width shall be required to buffer adjoining property owners and
ensure privacy. Similar buffering of areas adjoining county and state
highways shall be required. A landscaping plan shall also be prepared
and submitted to the Planning Board for approval.
(10)
Multifamily developments shall be subject to the stormwater
management requirements of this chapter. Facilities shall be designed
to accommodate storms of a twenty-five-year average frequency unless
a more stringent standard shall be recommended by the Town Engineer.
The general performance standard shall be that the amount of uncontrolled
stormwater leaving the site along any property line after development
shall not exceed that estimated for the site prior to development.
In instances where stormwater facilities are impractical for engineering
reasons, the Board may modify this standard as it applies to a particular
project but shall provide for the maximum practical reduction in flow
that can be achieved under the circumstances.
(11)
All electrical and other utilities shall be placed underground
and buried to a depth determined by the Town Engineer as sufficient
for safety purposes.
(12)
In addition to the standards for landscaping set forth herein,
the ground and vicinity of buildings shall be provided with decorative
landscape materials, subject to approval by the Planning Board.
(13)
Exterior lighting along walks and near buildings shall be provided
utilizing architectural grade equipment and shall not create glare
on adjoining units or adjoining properties.
(14)
Walks shall be provided throughout the development area to ensure
that roads shall not be required for pedestrian circulation.
(15)
The Fire Inspector shall review the development for adequate
access for emergency vehicles.
[Amended 3-4-2021 by L.L. No. 2-2021]
J.
Maintenance of a multifamily project shall be vested in an association
or other legal entity organized prior to the offering of the first
unit for occupancy, or a manager, who may be the developer or a person
designated by the developer before the developer offers a unit for
occupancy, or the owners or occupants of units themselves if the total
number of owners or occupants within the development is not more than
five. If the developer shall opt to manage the project or designate
a manager, the preliminary application shall include financial statements,
a description of previous management experience and other data sufficient
for the Planning Board to ascertain the financial responsibility of
the manager.
K.
The association or manager, as the case may be, shall be responsible
for maintenance, repair and replacement of the common areas of the
development, including buildings, and, if applicable, the furniture,
fixtures and equipment within the units. The project instruments shall
specify the expenses that the maintenance organization may incur and
collect from purchasers as a maintenance fee and to secure maintenance
of the project and enforcement of applicable covenants and restrictions
in perpetuity. The Planning Board may require that a certified public
accountant review such financial data to determine proposed fees are,
in fact, adequate to secure maintenance on a continuing basis.
L.
The developer shall, in filing a preliminary development plan, provide
a narrative description of how responsibility for maintenance and
care of the units and common areas will be assured and a pro forma
operating budget for the maintenance organization, including a breakdown
of the common expense to be borne by the maintenance organization
and a separation of long-term maintenance costs from ongoing routine
maintenance costs. There shall also be provided a narrative description
of how the developer proposes to assure maintenance of the units and
common facilities during any sales program. The Planning Board may
require additional temporary facilities to accommodate service demands.
Copies of all applicable instruments shall be provided for purposes
of determining that long-term arrangements for maintenance of common
facilities have, in fact, been made by the developer.
M.
Any developer who proposes to construct multifamily dwellings and
convey the common elements of said multifamily dwelling project, including
recreation areas, to an association of purchasers of units therein
shall submit a maintenance bond or other performance guarantee acceptable
to the Town Board and Town Attorney ensuring long-term maintenance
and repair of said common elements. Such maintenance bond or other
guarantee shall;
(1)
Be for a period of not less than 15 years from the date of the final
approval of said multifamily dwelling-transient use by the Town;
(2)
Be in an amount equal to the amount collected or to be collected
for long-term maintenance (as indicated in the budget referenced above)
by the developer or other responsible parties from each purchaser
during the first year after sales to such purchasers begin, multiplied
by the total number of expected purchasers.
N.
If the development shall be subject to the New York State statutes
governing the sale of real property used for multifamily occupancy,
the developer shall certify as to his or her compliance with said
statutes. To the extent the provisions of such statutes conflict with
this subsection, such certification shall suffice as to conformance
with these requirements.
O.
Conversions of existing structures to multifamily dwelling use, regardless
of whether such conversions involve structural alterations, shall
be considered subdivisions and, moreover, be subject to the provisions
of this chapter. Motels and hotels, however, shall not be converted
to multifamily residential use. If the proposed project does involve
structural alterations, the preliminary development plan shall include
a certification of a registered architect or engineer to the effect
that the existing building is structurally sound and that the proposed
conversion will not impair structural soundness. However, the conversion
of an existing one-family detached dwelling or single-family semidetached
dwelling into not more than three residential units shall be exempt
from these requirements, unless such units are intended to be a condominium.
This shall not, however, exempt an owner from any requirements of
the State Building Code or this chapter as they may pertain to such
activities.
A.
Conservation subdivisions.
(1)
Authority. Pursuant to the powers granted under § 278 of the Town Law and the Municipal Home Rule Law, the Town Board hereby authorizes the Planning Board to vary the zoning requirements of this chapter simultaneously with the approval of any proposed residential development or subdivision plat within the Town in order to create a conservation subdivision in furtherance of the purposes and objectives set forth herein and subject to the requirements, standards, and procedures set forth in this section and Chapter 162 of the Town's Code (Subdivision of Land).
(2)
Purposes. The purpose of conservation subdivisions is to enable and
encourage flexibility of design and development of land in such a
manner as to preserve the natural and scenic qualities of open land.
(3)
Applicability/location.
(a)
Conservation subdivisions are applicable only in the Agricultural
Residential, Agricultural Business, Agricultural Preservation, and
the Suburban Residential Zoning Districts of the Town.
(b)
An applicant for subdivision approval may propose or the Planning
Board, in its discretion, may require the submission of a conservation
subdivision plat where the Planning Board finds that a conservation
subdivision is appropriate.
(c)
In order for the Planning Board to require a conservation subdivision
without the applicant's consent, the Planning Board must find that
a conservation subdivision is appropriate for the particular parcel
of land in question and its location, based upon the following criteria:
[1]
The purpose for conservation subdivisions, as set forth in Subsection A(2) above, will be furthered;
[2]
The open space to be preserved via a conservation subdivision
will not be as effectively preserved by any other method;
[3]
The open space to be preserved via a conservation subdivision
is of value to the community and will preserve or enhance the rural
character of the Town;
[4]
The site features and constraints will allow for a feasible
clustered or conservation lot layout; and
[5]
The soils and water supply are sufficient to allow on-site septic
systems and water wells to service each lot in the conservation subdivision
lot layout or there is public sewer and water available.
(4)
Density standards.
(a)
Overall density. The maximum number of lots permissible in a
conservation subdivision shall in no case exceed the maximum number
of lots permissible in a conventional subdivision for the same parcel
of land if the parcel was subdivided via a conventional subdivision
where the lots conform to the minimum lot size, density, and other
requirements otherwise applicable to the district or districts in
which such parcel of land is located.
(b)
Density calculation. The applicant shall submit a sketch plan for a conventional subdivision conforming to the minimum lot size, requirements and standards otherwise applicable to the district or districts in which the subdivision is located in order to establish the number of dwelling units permitted in a conservation subdivision. Said sketch plan must show that each lot meets the minimum lot size and area requirements for the zoning district in which is located and that each lot shown can be developed as a viable single-family residential lot. Except as specified herein, all development standards and controls normally applicable to conventional subdivisions shall also be applicable to conservation subdivisions. Thus, areas of land needed for roads, infrastructure as well as site constraints that limit the number of lots in a conventional subdivision shall be taken into account in determining the number of lots allowable in a conservation subdivision. The area of lands which may be required for parks, playgrounds or recreation areas in a conservation subdivision, if any, or a fee in lieu of such parks, playground or recreation areas shall in no case exceed the area of such lands that may be required in a conventional subdivision. However, the area of lands which would be required in a conventional subdivision for parks, playgrounds or recreation lands pursuant to the Town's Subdivision Regulations (Chapter 162 of the Code) shall be excluded in determining the number of lots permitted in a conservation subdivision.
(5)
Development standards.
(a)
Lot sizes and layout. The intent of this section is to allow
flexibility of design that allows for enhancement of rural character
and conservation of open space. Lots should vary in size and shape
and should utilize existing land features in configuration of the
lots.
[1]
Minimum lot size. The minimum lot size allowed in a conservation
subdivision shall be no less than 1/3 acre and at least 50% of the
total number of lots in the subdivision shall be 1/2 acre or more.
(6)
Open space requirements.
(a)
Amount of open space required. The size of the open space shall
be determined on a case-by-case basis with the final determination
to be made by the Planning Board, in its discretion, upon review of
the subdivision application. The portion of the subdivision tract
to be set aside for open space conservation shall be of such minimum
dimensions and size as to be functional for its intended purpose,
taking into consideration environmental, density and other site-specific
factors. There shall be a minimum of 50% of the parcel preserved as
open space.
(b)
Location. Open space areas shall be convenient to the dwelling
units they are intended to serve and shall be sited with sensitivity
to surrounding land features and development. Open space areas shall
be integrated wherever possible into a connected open space system
within the development as well as outside the development. Open space
areas should form a contiguous system with other open space areas
in the vicinity of the subdivision development to the maximum extent
practicable.
(c)
Use of open space areas. Open space areas may include features
and improvements for active and/or passive recreation, provided that
such features do not materially detract from the purpose for preservation
of the open space. As a general principle, open space areas should
be left in their natural state. Accepted conservation management techniques
may be employed to maintain a natural state and allow for passive
recreational opportunities, such as, but not limited to, hiking trails,
cross-country skiing or snowshoeing trails, picnic areas, etc. Where
appropriate, active recreational facilities may be included in the
open space areas. In addition, farming activities are allowed to continue
in open space areas pursuant to an agricultural easement or other
suitable arrangements. Where active agricultural lands are set aside
in a conservation subdivision, such lands may remain in active agricultural
use.
(d)
Deed restrictions. Any lands set aside for open space purposes
shall contain appropriate easements, deed covenants, conditions and
restrictions approved by the Planning Board and/or the Town Attorney,
ensuring that:
[1]
The open space area or areas will not be further subdivided
or developed in the future;
[2]
The designation of the open space will continue in perpetuity
for the purposes specified;
[3]
Appropriate provisions are made for the continual maintenance,
management and use of the open space with the purpose of preserving
the open space;
[4]
The delegation of authority for management of the open space
area is appropriately placed in the owner or owners of the open space
area;
[5]
The open space area will not be able to be converted or used
for a for-profit commercial enterprise except for agricultural uses;
and
[6]
The easements, deed covenants, conditions and restrictions shall
be recorded against the parcel with reference to such recording made
in each deed of conveyance of each lot and shall be enforceable by
the Town.
(e)
Open space ownership. The type of ownership of the land set
aside for open space shall be selected by the applicant, subject to
the approval of the Planning Board. An acceptable type of ownership
may include, but is not necessarily limited to, the following:
[1]
Land preservation or conservation organizations or trusts;
[2]
Public agencies or governmental bodies;
[3]
The Town, subject to acceptance by the Town Board;
[4]
The owner or owners of an individual lot or lots in the subdivision;
or
[5]
Homeowners' associations, with the following requirements:
[a]
The homeowners' association must be established
prior to the conveyance of any lot or parcel within the proposed subdivision;
[b]
Membership must be mandatory for each lot owner,
and each lot owner must have an equal voting right within the association;
[c]
The association's organizational documents must
be submitted to and approved by the Planning Board and/or its attorney
as part of the subdivision approval process and must also be approved
by the Office of the Attorney General of New York State if required
by applicable laws, rules or regulations;
[d]
An estimate of the association's annual budget
must take into account insurance, property taxes, and maintenance
of the open space areas as well as other shared common areas or facilities
such as access roads, recreational areas;
[e]
The association must be able to adjust the homeowners'
fees or assessments on an annual basis and be able to collect and
enforce the payment of annual fees or assessments;
[f]
The association cannot be dissolved without a vote
of the association membership and without the conveyance of the open
space and common facilities to an entity acceptable to the Planning
Board; and
[g]
The deed conveying title to each individual lot
in the subdivision must include reference to the fact that conveyance
is subject to and includes membership in a homeowners' association
pursuant to deed covenants either set forth in each deed or recorded
against the entire subdivision. Both grantors and grantees should
sign deeds of conveyance to ensure purchasers or grantees are aware
of the homeowners' association requirements, obligations and fees,
if any.
(f)
Process in determining design. In order to effectively create
a conservation subdivision, the applicant, in consultation with the
Planning Board, should:
(g)
Exception to or waiver of requirements or standards. The Planning
Board may permit minor deviations to or waive certain open space requirements
or standards when it determines that:
[1]
The objectives underlying the open space standards and requirements
can still be met with such deviations or waivers; and/or
[2]
Because of peculiarities in the tract of land proposed for subdivision
or the development proposed, it would be unreasonable to require strict
adherence to such requirements or standards.
(h)
The setting aside of open space, forested land, or active agricultural
land in a conservation subdivision shall in no case preclude the Planning
Board from requiring the dedication of an area or areas for parks,
playgrounds or recreation lands within the subdivision pursuant to
the Town of Wawayanda Subdivision Regulations or other provisions
of the Town's Code.
(7)
Procedure. Notwithstanding any requirements established in this section,
the proposed plat of a conservation subdivision shall be subject to
the application procedures established in the Town of Wawayanda Subdivision
Regulations[1] and shall be subject to public review at the public hearing
or hearings held pursuant to those regulations.
A.
Water.
(1)
There shall be an adequate potable water supply for each of the lots
in a proposed subdivision, and such water supply, whether by individual
wells, public or community systems, shall not adversely affect water
supply or wells for properties in the surrounding area. For each subdivision
that proposes more than five lots, the applicant must provide the
Planning Board with a water report or study, certified by a New York
State-licensed engineering professional, establishing:
(2)
If a subdivision is to be serviced by individual wells for each lot,
each such well shall be adequately spaced from septic systems and
other wells on the lot and adjacent lots pursuant to applicable Orange
County Department of Health regulations.
(3)
If a community system is proposed, the water supply and distribution
system, together with the provisions for repair, maintenance, upgrades,
and fees from homeowners, shall be approved by the Planning Board
and Town Board pursuant to requirements specified by the Town Board
prior to final subdivision approval.
(4)
If connection to a public system is proposed, the applicant shall
establish adequate capacity to service the subdivision without adversely
affecting capacity service to existing users of the public system.
Improvements for connection and/or capacity shall be paid for by the
applicant.
(5)
Any major subdivision shall receive approval of the water supply
by the Orange County Department of Health, pursuant to the applicable
county regulations.
B.
Septic/sewer systems.
(1)
Individual systems. If individual septic systems are proposed for
each lot, each lot shall have suitable soils and be of sufficient
size to be able to accommodate each such system and meet required
spacing from water wells and setback requirements. Percolation and
deep hole tests shall be performed for each lot as part of a preliminary
plat application.
(2)
Public sewer systems. If a public sewer system is available, the
applicant shall demonstrate that adequate capacity exists to service
the proposed subdivision or propose improvements to increase capacity
to service the system. Such improvements shall be paid for by the
applicant. Any such report on capacity or proposed improvements must
be approved by the Town Board.
(3)
Community systems. If a community system is proposed as part of the
subdivision, the preliminary design and specifications of the facilities
and improvements comprising such community system must be submitted
as part of the preliminary plat and referred to the Town Board for
its approval. In order for the subdivision to proceed, the Town Board
must approve the community system, whether or not it is intended to
be offered for dedication to the Town. The Town Board, in its sole
discretion, may either approve the system as a private community system,
require that the facilities comprising the community system be dedicated
to the Town on such terms and at such time as it specifies, or deny
approval of the community system. In either case where the community
system is approved, the Town Board shall have the authority to require
a performance and maintenance bond in the amounts and terms it specifies
as well as to specify or approve the annual funding and fees that
will be required from the homeowners whether or not a special district
is to be created pursuant to Article 12 or 12-a of Town Law. In the
case where the Town Board denies approval of the community system,
the subdivision shall be denied. The applicant shall be responsible
for reimbursing the Town for any engineering, technical or legal consultants
it deems necessary to review the community system proposal.
A.
The maximum density of any subdivision shall be based upon a minimum
lot size as follows:
(1)
Agricultural Preservation Zoning District: four acres, with or without
community or public sewer and water systems.
(2)
Agricultural Business Zoning District: two acres, with or without
community or public sewer and water systems.
(3)
Agricultural Residential Zoning District: two acres, with or without
community or public sewer and water systems.
(4)
Suburban Residential Zoning District: two acres, without community
or public sewer and water systems; one acre, with community or public
sewer and water systems.
A.
Intent. The purpose of this use is to provide a variety of alternative
living environments, including the design and development of multifaceted
living environments, for active adult age-restricted housing, including
dwellings set aside for moderate-income households. The Planned Active
Adult Community (PAC) shall qualify as housing for older persons,
intended and operated for occupancy by persons 55 years of age or
older, as provided in 42 U.S.C. § 3607(b)(2)(c). Appropriate
deed restrictions that enforce this requirement shall be provided
in a form acceptable to the Town Attorney and shall be included in
all deeds conveying title to a lot or unit and in any project offering
plan. At least one resident of a dwelling unit shall be 55 years of
age or older, and no one under age 19 shall permanently occupy a dwelling
unit. Such age restrictions shall not apply to:
[Amended 10-16-2012 by L.L. No. 1-2012]
B.
Objectives. The specific objectives of this section are:
(1)
A maximum choice in the types of housing, lot sizes, and community
and active recreation facilities available to present and future active
adults and seniors.
(2)
The convenient location of residential communities in close proximity
to existing commercial centers or, where none are in close proximity,
a finding that sufficient commercial space shall be provided on the
site to meet the demands of the PAC development.
(3)
The creative use of land and related physical development that allows
an orderly transition from rural to urban areas.
(4)
An efficient use of land resulting in a small network of utilities,
streets and pedestrian paths, thereby lowering energy consumption,
reducing vehicular miles traveled, and preserving areas in their natural
state.
(5)
The efficient and economical use of municipal water and municipal
sanitary sewer services to achieve the residential densities necessary
to support a variety of alternative housing types.
(6)
To provide, within the boundary of the development, appropriate social,
recreation and other facilities that will contribute to the independence
and meaningful activity of senior citizens.
(7)
To provide appropriate sites for the development of such housing
in locations convenient to social and medical facilities, retail shops,
public transportation and other necessary services.
(9)
To regulate the nature and density of PAC housing developments, their
site layout and design, and their relationship to adjoining uses,
so as to provide ample outdoor living and open space for residents
and to minimize detrimental effects on the surrounding neighborhood
and environment.
C.
General provisions.
(1)
Minimum size. A PAC shall be located on a parcel or contiguous parcels
of land with a minimum gross lot area of 15 acres. The maximum lot
area shall be 100 acres.
(2)
Zoning district. A PAC is a permitted use allowed in the inclusionary housing (IH) floating zone created by amendment of the Town's Official Zoning Map through exercise by the Town Board of the procedures set forth in this § 195-59.
(3)
Utilities. A PAC shall be located in areas served or planned to be
served by municipal water and municipal sanitary sewer service but
shall not be located in the Mixed Commercial (MC) Zone.
(4)
No building, structure, premises or part thereof shall be used or
occupied, and no building or structure shall be erected, enlarged,
converted or altered except as provided herein.
D.
Uses allowed and density. The following uses are permitted:
(1)
Multifamily flats at a residential density that does not exceed 12
dwelling units per acre.
(2)
Townhome dwellings at a residential density that does not exceed
eight units per acre.
(3)
One-family detached or semidetached dwellings at a residential density
that does not exceed four units per acre.
(4)
Permitted accessory uses shall include administrative, social and
recreational buildings, clubhouse, structures and areas. Recreational
facilities may include, but are not limited to, swimming pools, tennis
courts, open field areas, passive sitting areas, picnic facilities,
walking trails, off-street parking and private garage facilities,
fences and walls and utility and maintenance structures. Commercial
uses are optional but should be encouraged to reduce vehicular traffic.
Commercial uses shall include retails uses that serve the day-to-day
needs of the immediate neighborhood, such as neighborhood grocery
stores (not to exceed 10,000 square feet); eating and drinking establishments,
including outdoor cafes but excluding drive-in restaurants, fast-food
restaurants and franchise architecture. Personal services such as
barbershops, hair salons, tailors, shoe repair, laundries and cleaning
establishments; offices, including business, professional and medical;
banks and/or fully enclosed ATM machines, but excluding drive-throughs;
and accommodations such as bed-and-breakfasts or small inns. The minimum
amount of commercial space within a PAC shall be 2% of the gross area
of the gross floor area of all principal residential buildings and
the maximum shall be no more than 20% of same; provided, however,
that the Planning Board may require the construction of commercial
space as a condition of the site plan approval where it determines
that the proposed development is not readily accessible to hamlet,
Town center, or regional commercial centers.
E.
Streetscape standards. Streets shall be designed to serve as a public
space that encourages social interaction and that balances the needs
of all users, including pedestrians, bicyclists and vehicular traffic.
The following streetscape specifications shall apply:
(1)
Planting strips. Sidewalks shall be separated from street curbs by
a planting strip not less than two feet wide.
(2)
Shade trees.
(a)
Shade trees shall be provided along each side of all streets,
public or private, existing or proposed. In locations where healthy
and mature shade trees currently exist, the requirements for new trees
may be waived or modified by the Planning Board.
(b)
Shade trees shall have a minimum caliper of two inches measured
at a height of four feet from the ground at time of planting, and
shall be spaced a maximum of 40 feet on center, with exact spacing
to be evaluated on a site-specific basis by the Planning Board as
part of site-specific review.
F.
Streetlighting.
(1)
Streetlighting shall be provided on both sides of all streets at
intervals of no greater than 75 feet on center and at intersections.
(2)
Streetlighting shall be pedestrian-scale. Lighting posts and fixtures
shall be of a consistent architectural style and shall complement
the predominant architectural theme of proposed buildings.
G.
Site standards.
(1)
Maximum lot coverage shall not exceed 60% for the entire project.
(2)
Minimum lot depth: 100 feet.
(3)
Maximum building height. A minimum of two stories and a maximum of
four stories is permitted, except as specified below. No building
height shall exceed 35 feet, except that buildings comprised of multifamily
flats shall not exceed 45 feet. Multifamily flat buildings may be
permitted a maximum building height of 45 feet or four stories (not
including parking in a basement level) where the Planning Board finds
and determines: a) that the additional height would result in a layout
that results in less impervious surface disturbance when compared
with an arrangement of the same unit count with a lesser building
height; b) that there will be adequate fire protection available;
c) that there are no visual impacts; and d) that the additional height
is consistent with the character of the surrounding community.
(4)
Maximum number of units per building. In designing buildings associated
with a PAC, the applicant is encouraged to provide a variety of building
types with differing unit counts in order to discourage a monotonous
building pattern. Buildings containing townhomes shall consist of
no more than six dwelling units, and the length of the building shall
not exceed 180 feet. No multifamily flat building shall consist of
more than 32 dwelling units, and the total length of the building
shall not exceed 200 feet.
(5)
Open space. A minimum of 50 square feet per unit of usable outdoor
open space shall be provided. Such space shall consist of both active
and passive recreation amenities such as patio areas, pool areas (not
including changing rooms or other enclosed spaces), shaded sitting
areas, walking or jogging trails. Open space areas shall be permanently
maintained so that their use and enjoyment as open space are not diminished
or destroyed. Such areas may be owned, preserved and maintained by
dedication to a homeowners' association which assumes full responsibility
for maintenance of the open space and/or deed-restricted private ownership
which shall prevent development of the open space, provide its maintenance
and protect the rights of owners or occupants of dwelling units to
use and enjoy, in perpetuity, such portion of the open space as shall
have been dedicated to recreation area for the project.
(6)
Lot size diversity. For projects that include single-family detached
and single-family attached dwellings, a variety of lot sizes should
be provided to eliminate the appearance of a standardized subdivision
and to facilitate housing diversity and choice that meets the projected
requirements of people with different housing needs.
(a)
One-family detached lots shall have a minimum lot area of 5,000
square feet and a maximum lot area of 15,000 square feet.
(b)
Two-family attached lots shall have a minimum lot area of 3,000
square feet per unit and a maximum lot area of 6,000 square feet per
unit.
(c)
Lot widths shall range from 20 feet to 80 feet.
(7)
Build-to line. Each block may be designed with a uniform build-to
line that may establish the front yard setback for the lots on the
block. The function of the build-to line is to form a distinct street
edge and define the border between the public space of the street
and the private space of the individual lot. The build-to line may
fall between the minimum and maximum front yard setbacks. In areas
of existing development where existing buildings fall within the minimum
and maximum front yard setbacks, the build-to line may be designed
to create the greatest uniformity on the block. In areas of existing
development where existing buildings do not fall within the minimum
and maximum front yard setbacks, the build-to line may be designed
as the closest line within the minimum and maximum front yard setbacks
so as to create as much uniformity on the block as possible.
(9)
Accessory buildings: minimum of five feet rear setback, except that
rear-loaded garages and carports shall be excluded from this requirement.
(10)
For buildings on individual lots, building setback, side: 20%
of the lot width; side setbacks may be allocated to one side only
with zero feet on the other side for single-family attached dwellings.
(11)
Building mass. Any building of 40 feet or more in length shall
be visually divided into smaller increments to reduce its apparent
size. The mass of these buildings shall be de-emphasized in a variety
of ways through architectural details such as divisions or breaks
in materials, window bays, separate entrances and entry treatments,
variation in rooflines, awnings, or the use of sections that may project
or be recessed up to 10 feet.
(12)
Front facade. The front facade of the principal building on
any lot shall face onto a public street. The front facade shall not
be oriented to face directly toward a parking lot.
(13)
Stormwater management. A PAC shall be subject to the stormwater
management requirements of this chapter.
(14)
Utilities. All electrical and other utilities shall be placed
underground and buried to a depth determined by the utility company
as sufficient for safety purposes.
(15)
Parking.
(a)
Two parking spaces for each townhome, one-family detached dwelling,
one-family semidetached dwelling, and two parking spaces for each
multifamily flat shall be required. In addition, the Planning Board
shall determine a reasonable number of spaces that shall be made available
for guests and visitors, not to exceed one parking space for each
five dwelling units. Attached garages and driveways giving access
thereto that are accessory to one-family detached and one-family attached
dwellings shall be counted toward required parking.
(16)
Lighting. Artificial lighting of grounds shall provide illumination
sufficient for the convenience and safety of the residents. Decorative
pedestrian-scale lighting consistent with the overall architectural
theme of the PAC shall be utilized. All lighting fixtures shall be
fully shielded and should be spaced approximately four times their
height. The height of lighting for pedestrian areas should be 10 feet
to 15 feet, and in parking areas it should not exceed 20 feet.
H.
Maintenance. Adequate facilities and provisions shall be made for
the removal of snow, trash and garbage and for the general maintenance
of the community. A suitable maintenance agreement shall be filed
with the Town for its records.
I.
Unit requirements.
(1)
Unit size. The minimum permitted habitable floor area shall be 600
square feet for efficiency units, 700 square feet for one-bedroom
units, and 800 square feet for two-bedroom units.
(2)
Kitchen and bathroom. All dwelling units shall be designed for independent
living and shall contain full bathroom and kitchen facilities, including
but not limited to a sink, refrigerator, stove, range or combined
unit in the kitchen and a sink, toilet, bathtub and shower in the
bathroom.
(3)
Fifteen percent of all dwelling units shall be handicapped-accessible
or -adaptable, as defined by the Building Code of the State of New
York.
(4)
Storage. A minimum of 20 square feet of storage area shall be provided
for each unit outside of the minimum habitable area. Such storage
area shall be in addition to normal closet space.
J.
Homeowners' association required. All PACs shall be required to create
a homeowners' association that shall have dominion over the common
areas within the development. The developer shall obtain such approval,
acceptance, or no-action letter as may be required by the State of
New York Department of Law pursuant to the Martin Act (General Business
Law, § 352 et seq.) and/or such other laws or regulations
as may apply to the offering for sale of common interests in realty.
Copies of all submissions and responses, including but not limited
to articles of incorporation and bylaws for such homeowners' association,
shall be supplied to the Town for its records. The rules, regulations,
policies and procedures of the homeowners' association shall ensure
compliance with the Fair Housing Act's exemption for housing for older
persons [42 U.S.C. § 3607(b)(1)] and the federal regulations
promulgated pursuant thereto (24 CFR §§ 100.300 through
100.308).
K.
Architectural design standards.
(1)
Buildings shall relate in scale and design features to other buildings
in the PAC through a common design theme.
(2)
Buildings on corner lots shall be considered more significant since
they have two front faces exposed to the street. Special architectural
responses are encouraged on corner buildings.
(3)
Buildings shall avoid long, monotonous, uninterrupted walls or rooflines.
Offsets and breaks in building walls and rooflines are encouraged
on townhomes or buildings comprised of multifamily flats.
(4)
The front facade of a building shall be architecturally emphasized
through window placement, entrance treatment and details. Buildings
with more than one facade facing a street shall provide more than
one front facade treatment.
(5)
All sides of a building shall be architecturally compatible with
regard to style, materials, color and details.
(6)
Any detached garage(s) shall be architecturally compatible with regard
to style, materials, color and details.
(7)
Mechanical equipment, trash and recycling enclosures, and other service
areas shall be located to the side or rear of any residential building
and shall be screened from the public right-of-way and adjacent properties
by walls, fencing and/or evergreen landscaping at a height deemed
appropriate by the Planning Board.
(8)
Roof design should be appropriate to the building's architecture.
Architectural embellishments that add visual interest to roofs, such
as dormers, chimneys, cupolas and other similar elements, are encouraged
and are exempt from the maximum height requirement.
(9)
Window placement and proportions shall be architecturally compatible
with the style, materials, colors and detail of buildings.
(10)
Blank walls shall be discouraged. Appropriate landscaping is
encouraged to soften the appearance.
(11)
Front entrances and doors should be defined by architectural
elements such as porches, lintels, pediments and other elements and
should be architecturally compatible with the style, materials, colors
and details of the building as whole.
(12)
All air-conditioning units, utility and mechanical equipment
shall be unobtrusively located, architecturally integrated, and screened
from the public right-of-way. Such devices shall not be located in
any front yard area unless screened to the satisfaction of the Planning
Board.
(13)
All materials, colors and architectural details used on the
exterior of the building shall be compatible with the building's style.
(14)
Each one-family attached and one-family detached residence shall
be provided with a private side or rear outdoor area. This shall be
accomplished by means of a privacy wall, hedge and/or some combination
of same, which shall provide adequate privacy from neighboring dwelling
units.
A.
Application. Application for the establishment of the PAC floating
zone shall be made, in writing, to the Town Board. Application shall
be made by the owner(s) of the land(s) to be included in the district
or by a person or persons possessing written contract or option rights
to purchase the lands. In the event that an application is made by
a person or persons holding rights to purchase the lands, the application
shall be accompanied by a statement signed by all owners of such land
indicating concurrence. Upon submission of a complete application,
the Town Board shall refer the application to the Planning Board for
recommendation.
B.
Application materials. The applicant shall submit a preliminary subdivision
or preliminary site plan for a use that is allowed in the (PAC) floating
zone in sufficient quantity as determined by the Town Board. The application,
to be complete, shall consist at a minimum of the following:
(1)
Metes and bounds description of the proposed district.
(2)
A survey of the parcel prepared and certified by a licensed land
surveyor.
(3)
An existing conditions map, drawn to scale, including:
(a)
The name and address of the owner of record and applicant, if
different.
(b)
The name of the person or firm preparing the map.
(c)
The date, North arrow and scale.
(d)
The names, addresses and tax map parcel numbers of owners of
all parcels within 500 feet of the subject property, and mailing labels
for all property owners of parcels within 500 feet of the subject
parcel(s).
(e)
The acreage of the parcel.
(f)
The boundaries of the parcel.
(g)
The location and width of existing and proposed state, county
or Town roads and rights-of-way abutting or within 200 feet of the
parcel.
(h)
The location and outline of existing structures on the parcel
and within 100 feet of the property line.
(i)
The location of any existing storm or sanitary sewers, culverts,
waterlines, hydrants, catch basins, manholes, etc., as well as other
underground or aboveground utilities within or adjacent to the parcel.
(j)
The existing zoning and location of zoning boundaries.
(4)
A development suitability map, drawn to scale, including:
(a)
The location and outline of existing water bodies, streams,
marshes or wetlands, including their regulatory buffers and their
respective classification, as determined by the appropriate governmental
regulatory body.
(b)
The boundaries of FEMA one-hundred-year floodplains or any areas
subject to stormwater overflows.
(c)
Slopes greater than 15%.
(d)
Prime farmland soils, including the soil type, based upon the
USDA Soil Conservation Survey.
(e)
Hydric soils, including the soil type.
(f)
The location and outline of existing vegetation.
(g)
Freestanding trees with a caliper of six inches' diameter or
greater measured four feet above the ground located within the parcel.
(h)
Existing contours at an interval of two feet and extending no
less than 100 feet onto adjoining property.
(i)
The identification of any other significant natural feature,
including, but not limited to, known areas of cultural, historic or
archeological significance.
(5)
A preliminary plan, drawn to scale, showing the following:
(a)
The approximate location and dimensions of principal and accessory
buildings on the site. The number of proposed dwelling units by housing
type and size shall be provided on the plan, plus a calculation of
the density in dwelling units per acre.
(b)
The approximate location and dimensions of vehicular traffic
circulation features of the site, including proposed roads, internal
drives, parking and loading areas, and proposed access to the site.
(c)
The approximate location and nature of pedestrian circulation
systems, open space and outdoor recreation areas on the site.
(d)
A general plan for the proposed on-site water supply distribution
system, including its point of connection to the existing water supply
system.
(e)
A general plan for the collection and disposal of sanitary wastes
from the site, including its point of connection to the existing sanitary
collection system.
(f)
A general stormwater drainage plan and how it is to be connected
to the drainage systems of adjoining land.
(g)
A preliminary site grading plan at intervals of two feet or
less.
(h)
Preliminary identification of areas that will be disturbed and
areas which will remain undisturbed by project implementation.
(6)
A vicinity map showing the proposed use in relation to adjoining
uses, transit service, retail stores, community facilities, social
service facilities, medical facilities and pharmacy, and religious
institutions within 1/2 mile of the project site.
(7)
Preliminary floor plans and building elevations.
(8)
A long environmental assessment form Part 1.
C.
Initial review by the Planning Board.
(1)
The Planning Board shall make a recommendation on the application
and shall report its findings to the Town Board on the merits of the
preliminary plans. A favorable recommendation shall not constitute
or imply an approval of any sort, nor shall it constitute a decision
upon the action under the State Environmental Quality Review Act.
(2)
In making its recommendations to the Town Board, the Planning Board
shall consider, together with the intent and objectives of the use
that would be sought, whether the proposed district and development
meet the following criteria:
(a)
The site shall be served by both municipal water and municipal
sanitary sewer facilities, and said facilities shall be adequate to
accommodate the additional demand placed upon them by the proposed
development.
(b)
The site shall be well-drained, and stormwater generated by
development of the site shall not place an undue burden on existing
facilities or contribute to downstream flooding.
(c)
The site shall be located in an area suitable for residential
purposes and shall be reasonably free of objectionable conditions,
such as odors, noise, dust, air pollution, high-traffic volumes, incompatible
land uses and other environmental constraints.
(d)
The site shall be located such that access to the site can be
obtained from a public street that is improved to acceptable standards
and sight distances and can be developed at the site entry/exit and
at intersections in the vicinity of the site.
(e)
The development of the site shall not produce undue adverse
effects on the surrounding neighborhood.
(f)
The plan should generally comply with any supplementary use
and development standards set forth in this chapter for the particular
use(s) proposed.
D.
Town Board review.
(1)
Upon receipt of a recommendation from the Planning Board, the Town
Board shall schedule and hold a public hearing. Alternatively, the
Town Board may reject the application.
(2)
Following completion of the public hearing, the Town Board may act
to approve, approve with modification or conditions, or disapprove
the rezoning application in the exercise of its sole legislative discretion.
Approval shall result in amendment of the Zoning Map established by
this chapter.
(3)
The preliminary site or subdivision plan that is submitted and evaluated
as an element of the application for the zone amendment shall be formally
reviewed and acted upon by the Planning Board after the zone amendment
is adopted. Uses that are allowed in the (PAC) floating zoning district
are subject to supplemental standards set forth in this chapter. The
Planning Board shall determine that the site plan and/or subdivision
plan conforms to these supplemental standards.
(4)
Time limit on validity of rezoning. Any rezoning permitted by this
section shall be null and void and the zoning of the parcel shall
revert back to its original zoning classification by a ministerial
redesignation on the Official Zoning Map by the Town Clerk, when directed
by the Town Board, unless actual construction, pursuant to a valid
building permit, is commenced within three years from the date of
adoption of the rezoning. Applicants may petition the Town Board to
extend rezoning approval prior to the expiration of the three years,
limited to one additional extension not to exceed two years.
E.
Plan approval required. Following rezoning to create a PAC floating
zone, site plan and/or subdivision plan review and approval by the
Planning Board, pursuant to the general and specific supplemental
use and development standards and procedures set forth in this chapter
and the Town Subdivision Regulations,[1] shall be required prior to the issuance of a building
permit for development of any property in a PAC floating zone.
