[Amended 10-13-2015 by L.L. No. 2-2015]
All special uses shall require review and approval of a special use permit by the Zoning Board of Appeals before a zoning permit may be issued. A special use is considered to be an allowable use in a district provided that sufficient conditions and safeguards are established to protect the health, safety, and welfare of the public in general, and the residents of the surrounding area in particular. No special use shall be approved unless the following general and specific standards are met.
A. 
Impact upon surrounding properties. The proposed use shall not cause a significant adverse impact upon nearby properties by reason of traffic, noise, fumes, odors, vibration, flashing lights, litter, surface water or groundwater contamination, air pollution, drainage, visual impact, excessive nighttime lighting, creation of a safety hazard, risk of fire or explosion, decrease in property value, or other adverse condition; nor shall the proposed use significantly impair the future development of surrounding properties.
B. 
Vehicular access. Proposed vehicular access points shall be adequate in width, grade, alignment and visibility; not located too near road intersections or places of public assembly; and meet similar safety considerations.
C. 
Emergency vehicle access. All proposed buildings, structures, equipment and materials shall be readily accessible for fire and police protection.
D. 
Sight distance at entry and exit.
(1) 
To the extent practicable, intersections with and entries onto any public road shall be designed so that minimum safe sight distances and other standards set forth in the latest version of the New York State Department of Transportation "Policy and Standards for Entrances to State Highways" are maintained.
E. 
Screening.
(1) 
The following uses shall be substantially screened from view of preexisting neighboring residential properties at all seasons of the year by vegetation or by fencing of a design and type approved by the Zoning Board of Appeals: industrial uses, trucking, warehousing, retail gasoline sales, motor vehicle repair shops, campgrounds, sand and gravel extractions, junkyard, and any use which in the judgment of the Zoning Board of Appeals may have an adverse visual impact upon neighboring properties.
(2) 
Parking and loading areas which may in the judgment of the Zoning Board of Appeals have an adverse visual impact upon neighboring residential properties shall be reasonably screened by vegetation or by fencing at all seasons of the year from the view of such properties.
F. 
Drainage and erosion control. Adequate provision shall be made for drainage of the site, and to insure that stormwater runoff does not create an adverse impact upon nearby lands or waterways. Appropriate erosion control measures shall be taken to prevent the pollution of waterways by silt and sediment. All requirements of the latest New York State Department of Environmental Conservation stormwater regulations shall be met.
G. 
Lighting. Exterior lighting shall not be directed so that it shines onto adjoining residential properties or onto public roads. High-intensity lighting shall be minimized.
H. 
Utilities and municipal services. Adequate provision shall be made for water supply and sewerage disposal, electrical service, and solid waste disposal. The proposed use shall not create a burden on municipal or county services.
A. 
All access to and from Route 11 must meet the minimum requirements set forth in the latest version of the New York State Department of Transportation "Policy and Standards for Entrances to State Highways."
(1) 
Design should take into consideration the possibility of shared curb cuts with adjacent properties and the use of parallel service roads in order to minimize the number of curb cuts directly abutting upon Route 11.
(2) 
The minimum distance between curb cuts on two separate parcels shall meet the minimum requirements set forth in the latest version of the New York State Department of Transportation "Policy and Standards for Entrances to State Highways."
B. 
Landscaping plan. A landscaping plan is required for all uses that require a special use permit. The Zoning Board of Appeals shall review and approve such plan. Consideration should be given to planting shrubbery and/or trees along property lines, buffer areas, buildings, and around parking and loading areas.
A. 
Gasoline and/or fuel pumps shall not be located closer to any side or rear lot line than the minimum setbacks for buildings as specified herein or the minimum distances required by the New York State Uniform Fire Prevention and Building Code, whichever is more stringent.
B. 
Property line setbacks for underground or aboveground fuel storage tanks shall be the same as the building setbacks or the minimum distances required by the New York State Uniform Fire Prevention and Building Code, whichever is more stringent.
C. 
Adequate space shall be provided for safe pull-off, parking, waiting lines and service, so as to prevent any interference with the roadway or shoulder. Gasoline pumps shall be located at least 30 feet from the road right-of-way.
D. 
Such use shall be substantially screened from view of preexisting neighboring residential properties at all seasons of the year.
A. 
All junk wastes shall be stored in a manner which is not visible from neighboring properties or roadways.
B. 
No more than 30 tires may be stored outside. Tires stored outside must be screened from view from neighboring properties or roadways.
A. 
The mining plan and reclamation plan prepared for the New York State Department of Environmental Conservation shall also be reviewed and found acceptable by the Zoning Board of Appeals prior to their approval.
B. 
Such excavation or extraction shall not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic or other conditions.
C. 
Excavation activities shall be set back 100 feet from any property line or public road.
D. 
Excavations shall not be located on roads which are unsuitable for truck traffic by virtue of their width, construction, or alignment; or on roads where truck traffic would pose an unacceptable safety hazard.
E. 
Such use shall be substantially screened from view of preexisting neighboring residential properties at all seasons of the year.
F. 
The mining of consolidated minerals such as limestone, dolostone, sandstone, marble, slate, flagstone, curbing, dimension stone, riprap, abrasives, gypsum, iron, talc, titanium or other metallic or nonmetallic minerals are not permitted in any zone.
A. 
Trucking, warehousing and industrial uses which generate substantial amounts of truck traffic shall not be located on roads which are unsuitable for truck traffic by virtue of their width, construction, or alignment; or on roads where truck traffic would pose an unacceptable safety. Adequate road width for truck traffic is considered to be 20 feet pavement width with five feet shoulders on each side.
B. 
Such use shall be substantially screened from view of preexisting neighboring properties at all seasons of the year.
No indoor kennel facility shall be located closer than 200 feet to a property line. No outdoor area to be used by animals housed in the kennel shall be located closer than 500 feet to a property line.
A. 
All manufactured home parks shall be located so as to be accessible by a public highway at least 20 feet in pavement width. The site shall be adequately drained and otherwise physically suitable for a manufactured home park. A site plan shall be required. The site plan shall be prepared by a New York State-licensed professional engineer. The site plan shall require approval by the Zoning Board of Appeals.
B. 
Each manufactured home park shall be divided and marked off into sites. Each site shall have an area of not less than 7,200 square feet.
C. 
Each manufactured home site shall front on an internal roadway, and have a minimum width of 75 feet.
D. 
Each manufactured home shall be located no closer than 40 feet from any other manufactured home or permanent building in the manufactured home park.
E. 
Each manufactured home shall be at least 40 feet from all boundaries of the manufactured home park.
F. 
Access roads shall intersect public roads at right angles.
G. 
Every roadway within a manufactured home park shall be designed and constructed to meet the Town's specifications for new highway construction.
H. 
Every roadway within a manufactured home park shall be maintained and kept clear such that each lot is accessible by emergency vehicles at all times of the year.
I. 
Turnaround shall be provided at the end of dead end roads.
J. 
Each manufactured home lot shall be provided with two off-street parking spaces.
K. 
Water supply and sewerage disposal shall be designed and constructed in compliance with Clinton County Health Department standards and New York State Department of Environmental Conservation standards, as applicable.
L. 
Adequate plans shall be made for the collection and disposal of garbage, rubbish and solid wastes generated within the park.
M. 
Each manufactured home shall be provided with skirting to screen the space between the manufactured home and the ground. Such skirting shall be of nontransparent durable material such as wood, stone, cement block, or vinyl. Such skirting shall be installed within 90 days of occupancy.
N. 
Each manufactured home site shall be constructed, and each manufactured home shall be installed, in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code.
O. 
All manufactured homes shall be in compliance with standards equal to or more stringent than the United States Department of Housing and Urban Development (HUD) Manufactured Mobile Home Construction and Safety Standards, 24 CFR 3280 (1976) and any amendments and revisions thereto. The permit applicant is responsible for providing adequate evidence that these standards have been complied with. The presence of a permanent certification label affixed to the mobile or manufactured home by the manufacturer shall be presumptive evidence that the construction of a mobile or manufactured home is in compliance with such standards.
P. 
All manufactured homes shall be at least 12 feet wide.
Q. 
All fuel tanks shall be securely locked and concealed from public streets to the extent practical.
R. 
A landscaping plan shall be prepared and carried out which will assure the Zoning Board of Appeals that an appropriate planting of trees and shrubs will be included in the park design. The Zoning Board of Appeals may require that the entire park shall be screened from view of adjacent properties and roadways by the planting of shrubbery of an appropriate species.
S. 
Each park consisting of 10 or more manufactured home sites shall have easily accessible and usable open spaces. Such open spaces shall have an area equal to at least 5% of the gross land area of the park, and shall be fully maintained by the park owner. Part or all of such space shall be in the form of developed recreation areas to be usable for active recreation purposes.
T. 
No manufactured home shall be located within 100 feet of any stream, brook, pond, or wetland.
A. 
All campgrounds/travel trailer parks shall be located so as to be accessible by a public highway at least 20 feet in pavement width. The site shall be adequately drained and otherwise physically suitable for a campground/travel trailer park. A site plan shall be required. The site plan shall be prepared by a New York State-licensed professional engineer. The site plan shall require approval by the Zoning Board of Appeals.
B. 
Minimum lot size: five acres.
C. 
Each campground/travel trailer park shall have adequate access to a public highway, and each camp/travel trailer site shall be serviced from interior roadways.
D. 
The campground/travel trailer park shall be divided into campsites. The corners of each campsite shall be clearly marked, and each campsite shall be numbered for identification.
E. 
The minimum size of each camp/travel trailer campsite shall be 2,500 square feet.
F. 
There shall be a minimum 40 feet of green space buffer surrounding the campground/travel trailer park. No campsite or portion thereof, building, or structure shall be placed within the buffer area.
G. 
No campsite shall be located within 100 feet of any stream, brook, pond, or wetland.
H. 
The Zoning Board of Appeals may require that the campground/travel trailer park be substantially screened from the view of public roads and neighboring properties.
I. 
Each campground/travel trailer park shall comply with all applicable rules and regulations of the New York State Department of Health and the Clinton County Health Department.
J. 
Adequate plans shall be made for the collection and disposal of garbage, rubbish, and solid wastes generated within the park.
K. 
Access roads shall intersect public roads at right angles.
L. 
Water supply and sewerage disposal shall be designed and constructed in compliance with Clinton County Health Department standards and New York State Department of Environmental Conservation standards, as applicable.
A. 
In addition to the requirements set forth below, all marinas must comply with the requirements of the New York State Office of General Services in connection with their authority over the use of lands under water, and any other state or federal agencies having jurisdiction.
B. 
Minimum frontage:
(1) 
For marinas with berthing facilities for up to 50 boats: 300 feet minimum lake or river frontage.
(2) 
For marinas with berthing facilities for more than 50 boats: 300 feet, plus four feet for each berth in excess of 50.
C. 
Sanitary facilities.
(1) 
Toilet and other necessary facilities for males and females shall be provided in permanent structures. Such facilities shall be housed in either separate buildings or in the same building; in the latter case, such facilities shall be separated with soundproof walls. The male and female facilities shall be marked with appropriate signs and have separate entrances for each.
(2) 
Male facilities shall consist of not less than one flush toilet for every 50 berths and one lavatory for every 50 berths. Female facilities shall consist of not less than one flush toilet for every 50 berths and one lavatory for every 50 berths.
(3) 
Lavatory facilities shall be supplied with hot and cold running water.
(4) 
Buildings housing sanitary facilities shall be located at least 50 feet from the mean high water mark of Lake Champlain or the Great Chazy River.
(5) 
Sewerage disposal facilities shall be required at all marinas, and approved by the Clinton County Health Department.
D. 
Sewage pump-out facilities. Facilities shall be provided for the pump out of holding tanks on boats using the marina facilities. Facilities for disposal of such septic wastes shall be approved by the Clinton County Health Department.
E. 
Garbage disposal. All garbage receptacles shall have tight-fitting covers and shall be provided in quantities to adequately permit the storage and disposal of all garbage generated by the marina and any associated facilities.
F. 
Repair work. No testing of motors or engines or repairs on boats, other than emergency repairs, shall be conducted between the hours of 9:00 p.m. and 7:00 a.m.
G. 
Lighting. Lighting shall be of a type, design and location that maximizes the safety of marina users and minimizes potential annoyance to neighboring properties. Any navigation or other lights required by federal or state law shall be exempted from this section.
H. 
Landscaping plan. The marina operator shall provide the Zoning Board of Appeals with a landscape plan designed to screen the marina from surrounding residential properties.
I. 
Parking. All marinas shall provide and maintain at their own expense a parking lot of sufficient size to provide for 1 1/2 spaces per berth, slip, or mooring.
A. 
Purposes. The use of cluster development, whereby buildings are grouped together on smaller than normal lots and portions of the site are set aside as permanent open space, is encouraged in order to achieve the following objectives:
(1) 
The preservation of open space such as views, farm fields, mature woods and other features which add to the rural character and quality of the residential environment.
(2) 
The more economical provision of streets, utilities and other development infrastructure.
(3) 
Locating buildings and septic systems upon the most suitable soils.
B. 
Authorization for simultaneous subdivision review. Should the Zoning Board of Appeals be authorized to review and approve subdivision plats by local law or regulation, as provided by § 281 of the Town Law, the Zoning Board of Appeals of the Town of Champlain is hereby authorized, simultaneous with its review of subdivision plats, to modify certain provisions of this Zoning Chapter according to the standards set forth in this section.
C. 
Standards. Minimum lot size, minimum lot width, and minimum building setbacks as specified in Article III of this chapter may be reduced, provided that the following standards are satisfied:
(1) 
Three or more dwellings or principal structures are proposed to be placed on a single lot, or a subdivision of three or more lots in single ownership or in ownership by a group of two or more owners acting in concert is involved.
(2) 
For residential development, the total number of dwellings permitted shall not exceed the number specified in Subsection D below.
(3) 
In no case shall the number of principal structures proposed to front on lakes, rivers, or existing public roads exceed the number which could, in the Zoning Board of Appeal's judgment, front upon such lakes, rivers or roads in a conventional division layout designed in compliance with the minimum dimensional requirements stated in Article III of this chapter.
(4) 
All proposed land uses within the cluster development shall be listed as either permitted uses or as special uses in the zone where the development is located.
(5) 
Open areas within the site shall be chosen so as to facilitate one or more of the following objectives:
(a) 
To preserve prime farmland.
(b) 
To preserve views.
(c) 
To protect environmentally sensitive features such as providing buffers for streams and wetlands.
(d) 
To locate septic leach fields upon suitable soils.
(e) 
To provide recreation areas.
(f) 
To serve as a buffer between neighboring properties and roads.
(g) 
To preserve wooded areas and hedgerows.
(h) 
To preserve other such areas which add to the rural character and quality of the environment.
(6) 
Provision, whether by deed restriction, covenant, or other legal arrangement, shall be made to ensure that the undeveloped portion of the parcel remains as permanent open space or recreation area.
(a) 
Designated open space areas may be owned privately by individuals. Adequate provision shall be made by covenant, deed restriction or other legal means to insure that future owners are aware of the development restrictions upon such areas.
(b) 
Open space or recreation areas may be owned in common by individuals within the subdivision. In such case, covenants or other legal arrangements shall specify ownership of the cluster open space, method of maintenance, responsibility for maintenance, maintenance taxes and insurance, compulsory membership and compulsory assessment provisions, and any other specifications deemed necessary by the Planning Board or Zoning Board of Appeals.
(c) 
Open space or recreation areas may be deeded to the Town upon approval by the Town Board.
(7) 
All the general standards for special use permits stated in § 130-33 herein shall apply.
D. 
Number of permitted dwelling units. The total number of dwelling units permitted within the cluster development shall not exceed the number which would otherwise be permitted by application of the minimum lot size requirements for single-family dwellings to the buildable portion of the site. In calculating the number of dwelling units allowed, the following rules shall apply:
(1) 
The net buildable area shall be calculated by subtracting from the area of the site as determined from actual on-site survey the following:
(a) 
Any unbuildable lands such as, but not limited to, wetlands, slopes exceeding 15%, rock outcrops, flood hazard areas, and inaccessible portions of the site; and
(b) 
Any separate parcels which are not contiguous to the remainder of the development. The area of the subdivided parcel to be occupied by streets and roads need not be subtracted.
(2) 
The number of dwelling units allowed shall be calculated by dividing the net buildable site area by the minimum lot size permitted for single-family dwellings within the zone.
(3) 
Fractions of dwelling units shall be rounded to the lowest whole number.
E. 
Procedures.
(1) 
Cluster developments shall be approved according to the procedures prescribed for special use approval as specified in Article VIII of this chapter.
(2) 
In their review of site plans for cluster development, the Town Zoning Board of Appeals shall maintain accurate records and maps showing the location of permanent open spaces. No further development upon the designated open spaces shall be permitted.
A. 
All demolition and construction debris fill areas shall be capped with an earthen cover within 90 days of the date of the first disposal in such area.
B. 
To the extent practicable, such a disposal area shall be located so as not to be visible from public highways and neighboring properties.
C. 
The Zoning Board of Appeals shall require that such a disposal area be substantially screened from the view of public highways and neighboring residential properties.
D. 
Demolition construction and debris facilities must also comply with all applicable regulations established by the New York State Department of Environmental Conservation.
E. 
In accordance with the permitted use charts in this chapter, only construction and demolition debris generated within the Town of Champlain is allowed to be disposed of within the Town. Disposal of construction and demolition debris generated outside the Town of Champlain is not allowed in any zone.
A. 
Shared use.
(1) 
At all times, shared use of existing towers shall be preferred by the Town to the proposed construction of new towers. Additionally, where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to submit a detailed report inventorying existing towers within reasonable distance (two to four miles) of the proposed new tower site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to new construction.
(2) 
An applicant intending to share use of an existing tower or structure shall be required to document in writing the intent from an existing tower or structure owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes including real property acquisition or lease required to accommodate shared use.
(3) 
In the case of proposing construction of new communications towers or structures, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use of existing towers or structures. Copies of written requests and responses for shared use inquiries shall be provided.
(4) 
The applicant shall examine the feasibility of designing a proposed communication tower to accommodate future demand. The scope of this analysis shall be determined by the Zoning Board of Appeals during the referral period, made in accordance with Article VIII of this chapter.
B. 
Setbacks. Telecommunication towers shall be set back from all property lines a minimum distance equal to 1 1/2 times the height of the proposed tower or 50 feet, whichever is greater. Accessory structures and guy wires shall be set back a minimum distance of 50 feet from all property lines.
C. 
Minimum distance from residential buildings. No new telecommunications tower, or accessory structure or guy wire thereto, shall be constructed within 500 feet of any existing residential building.
D. 
Visibility. Communication towers shall not be artificially lighted or marked except as required by the Federal Aviation Administration (FAA). Communication towers shall be a galvanized finish or painted gray above the surrounding tree line, and painted an appropriate color to harmonize with the surroundings below the tree line unless other standards are required by the FAA. Structures offering slender silhouettes (i.e., monopoles or guyed tower) shall be preferable to freestanding structures except where such freestanding structures offer capacity for future shared use. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
E. 
Height. The maximum height of a new telecommunications tower shall be 100 feet. The Zoning Board of Appeals in its special use review shall have the authority to modify this height requirement without the issuance of a variance provided that the increased height is justified by the applicant.
F. 
Screening. At their discretion, the Zoning Board of Appeals may require the planting of vegetation screening sufficient to provide a continuous hedge 10 feet high within two years of planting in order to effectively screen the tower base and accessory structures from view of surrounding properties.
G. 
Security. Communication towers and antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access by the general public. Specifically:
(1) 
All antenna communication towers, antenna towers, monopoles, and other supporting structures, including guy wires, shall be made inaccessible to children and constructed or shielded in such a manner that they cannot be climbed or run into;
(2) 
Transmitters and communication control points shall be installed such that they are accessible only to persons authorized by the licensee to operate or service them;
(3) 
Transmitters and communication control points shall be designed and installed such that any adjustments or controls that could cause the transmitter or communication device to deviate from its authorized operating parameters are accessible only to persons authorized by the licensee to make such adjustments; and
(4) 
Transmitters and communication control points shall be designed such that in the event an unauthorized person does gain access, that person cannot cause the transmitter or communication device to deviate from its authorized operating parameters in such a way as to cause interference to other authorized communication services.
H. 
Signage. Telecommunication towers shall be permitted one sign no larger than two square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmit capabilities. The sign shall also contain the name(s) of the owner(s) and operator(s) of the antennas as well as emergency phone number(s). The sign shall be located so as to be visible from access point to site. No other signage shall be permitted on any antennas, antenna-supporting structure, monopole, or communication tower structure unless required by federal or state regulation.
I. 
Removal upon abandonment.
(1) 
In the event a telecommunication tower and/or accessory facility is no longer used for the purpose specified in the application or the telecommunication tower and/or accessory facility ceases operations for a period of 180 days, the applicant, its successors or assigns, shall dismantle and remove such tower structures and facilities from the site and restore the site to its original condition with 90 days of receipt of written notice from the Town Board. If the owner of the property upon which the telecommunications tower is located wishes to retain any access roadway to the telecommunication tower, the owner may do so with the approval of the Zoning Board of Appeals.
(2) 
The applicant and the owner of record of the premises may be required to execute and file with the Town a bond or other form of security acceptable to the Town Attorney and Town Financial Officer as to form and manner of execution in a amount sufficient for the faithful performance of the terms and conditions of this chapter, the conditions of the permit or approval issued hereunder, for the observation of all Town local laws or ordinances, to cover the maintenance of the tower during its lifetime and provided for its removal. The amount required shall be determined by the Zoning Board of Appeals. In the event of default upon the performance of any such conditions or any of them, the bond or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of the transmission tower, telecommunication tower, communication installation, freestanding tower, accessory facility/structure, and site restoration.
J. 
Additions. In addition to complying with all other provisions of this section, any proposed additions to an existing tower require certification from a New York State-licensed professional engineer as to the structural ability of the existing tower to support such additions.