The following regulations shall apply to parcels located adjacent
to Chautauqua Lake. In cases of conflict with other regulations, the
most stringent shall apply.
A. Setbacks. No principal structures intended for inhabitation shall
be permitted within 50 feet of the shoreline, except in the C3 District,
where no structure shall be built within 100 feet of the Chautauqua
Lake shoreline, based on normal water levels of 1,308 feet mean sea
level (MSL).
[Amended 12-9-2013 by L.L. No. 4-2013]
B. Accessory building not utilized for inhabiting shall be allowed by
right when set back 50 feet or more from the shoreline, except in
the C3 District where no structure shall be built within 100 feet
of the Chautauqua Lake shoreline (based on high water level of 1,310.5
feet MSL). Accessory buildings less than 50 feet or 100 feet in the
C3 District from the shoreline shall be allowed by special use permit
with consideration given to the following:
[Amended 12-9-2013 by L.L. No. 4-2013]
(1) Visibility from adjacent parcels.
(2) Maximum floor space of 150 square feet recommended.
(3) Structure is sufficiently anchored to prevent movement due to wind,
high waters, etc.
(4) Structure does not extend beyond the natural high water shoreline.
(5) Other reasonable conditions deemed necessary.
C. Breakwalls. Any modification of a shoreline shall be in accordance
with NYS Department of Environmental Conservation Regulation.
D. Fences. Any fence established within 50 feet or 100 feet in the C3
District of the shoreline (based on high water level of 1,310.5 feet
MSL) shall be by special use permit only; consideration shall be given
to the following:
[Amended 12-9-2013 by L.L. No. 4-2013]
(1) Visibility from adjacent parcels.
(4) Other reasonable conditions deemed necessary.
E. Docks.
(1) All docks extending from R1 District shall be utilized only for noncommercial-pleasure
uses by the owner of the property or any persons who may have a permanent
legal right-of-way over the property from which the dock extends.
(2) Commercial use of docks in the R2 District shall only be allowed
by special use permit.
In order to preserve the character of neighborhoods, household
and other similar type of noncommercial sales (lawn sales, garage
sales, flea market, etc.) shall be subject to the following conditions:
A. Frequency. Sales shall be limited to three weekends of three days
each year per property owner. More sales than this maximum shall require
a special use permit.
B. Signs. A maximum of three temporary signs shall be permitted with
a maximum size of six square feet. Signs shall be removed within 24
hours of completion of the sale.
C. Permits. The first three household sales shall not be subject to
permit requirements or fees.
D. Exempt sales. All public or semipublic nonprofit organizations shall
be exempt from the requirements of this section.
[Amended 12-9-2013 by L.L. No. 4-2013]
Drive-in businesses shall be allowed in districts where they
are listed as being allowed when the following conditions are met:
A. General condition. General development conditions must be met as listed in Article
VI.
B. Traffic backup. Adequate driveways and parking shall be provided
so as to avoid vehicle backup onto public roadways during peak business
hours.
C. Buffers. Appropriate buffers (fence, hedge, etc.) may be required
especially if the character of the neighborhood warrants it.
Auto body repair shops shall be allowed in any districts when
specifically listed as an allowed use under the following conditions:
A. Vehicle storage. Any vehicle stored outside awaiting repair shall
be enclosed within an appropriate fence which shall make it impossible
to view the vehicle. No vehicle shall be allowed to be stored unless
it is being worked on.
B. Hours of operation. The hours of operation shall be derived so as
to limit the noise during nonbusiness hours.
C. Area requirements. The lot on which the shop is to be located shall
be a minimum of one acre.
D. Preexisting uses. Subsection
A, Vehicle storage, must be complied with within six months of enactment. No later than 45 days prior to the expiration of the six-month period, the applicant may request an extension from the Zoning Board of Appeals.
Auto wrecking services shall meet the following conditions:
A. Fence. A fence capable of completely screening all wrecked or disabled
vehicles on the premises from adjacent properties shall be installed.
B. Area requirements. All setbacks and side yard requirements shall
be met with respect to any part of the property used for the wrecker
business.
C. Preexisting uses. Auto wrecker businesses existing at the time of enactment of this chapter shall within six months of the enactment date comply with Subsection
A of this section. No later than 45 days prior to the expiration of the six-month period, the applicant may request an extension from the Zoning Board of Appeals.
A private swimming pool shall meet the following requirements:
A. Fence. Any such pool which is installed in-ground shall be completely
enclosed by a security fence not less than four feet in height, and
for all pools there shall be gates or doors equipped with self-closing
and self-latching devices designed to keep and capable of keeping
such gates or doors securely closed at all times when not in actual
use; said fence shall not cut off air or light to any building.
B. Noise. Pools which are equipped with an integral filtration system
and filter pumps or other mechanical devices shall be so located and
constructed as not to interfere with the peace, comfort, and repose
of the occupant of any adjoining property. Additionally, pools shall
be utilized in a reasonable manner and at reasonable time so as not
to disturb adjacent residents.
C. Maintenance. Both in-ground and aboveground pools, accessory buildings,
fences, etc., shall be properly maintained.
D. Drainage. The Code Enforcement Officer shall determine whether provisions
for the drainage of such pools are adequate and will interfere with
the existing sanitary facility, neighboring properties, etc.
E. Area requirements. Pools shall be installed in accordance with the
area requirements of the appropriate district. As a minimum, pools
shall be located at least eight feet from side or rear boundary lines
and behind the front line of existing dwellings.
[Amended 12-9-2013 by L.L. No. 4-2013]
F. Application. Pool applications, in addition to requirements of the
section of law on building permits,shall include a plot plan of the
property showing the location of the pool with respect to property
lines and other structures, structures on adjoining properties, fence
location, pool buildings, locations of lighting and drainage hookups.
Fences and walls, as defined in §
210-6, Definitions, shall generally be permitted by right in any district and shall conform to the regulations which follow:
A. Exempt fencing. Fencing used for home gardening purposes when less
than two feet tall shall be exempted from all regulations except for
maintenance requirements detailed below. Additionally, non-boundary
fencing located more than 25 feet from any property line shall be
exempt from the permit requirements when the fence is four feet or
less in height.
B. Height. Fences shall be allowed up to six feet in height by right.
Fences above six feet in height shall require an area variance and
consideration will be given to visibility from adjacent properties,
light and air movement, traffic and pedestrian safety, etc.
[Amended 11-9-2009 by L.L. No. 8-2009]
C. Setback from road. Fences shall be set back a minimum of two feet
from the front property line and shall not be located within legal
highway right-of-way.
D. Proximity to neighboring properties. All fences, walls, and/or hedges
shall be located no closer than two feet from adjacent property lines.
This rule can be waived by the permitting board if it is deemed desirable
upon evaluating the circumstances of the proposal.
E. Fire hazard. Any fences which shall be considered a fire hazard due
to location or material composition shall not be allowed.
F. Maintenance. All fences shall be maintained structurally and visually.
G. Lakeshore fence. See §
210-29, Lakeshore regulations.
H. Materials. All fences shall be constructed of materials which result
in a fence which is safe and aesthetically acceptable. The finished
side of a fence shall face neighboring properties unless the permitting
board decides in writing that the requirements is unnecessary.
I. Preexisting fences. Fences in existence at the time of enactment of this chapter shall only be subject to Subsection
F, Maintenance, and Subsection
A, Exempt fencing, above.
[Amended 12-9-2013 by L.L. No. 4-2013]
Towers and windmills shall be allowed where permitted by special
use permit in all districts after the following conditions have been
considered for inclusion in the permit:
A. Location. Towers and windmills shall be removed from surrounding
residential structures sufficiently so as to not cause a nuisance.
B. Buffer. The placement or retention of buffers shall be considered
where they would improve the compatibility of the use with surrounding
areas.
C. Attractive nuisance. The base of towers and windmills shall be sufficiently
protected from entry either by tower/windmill design or by protective
fences, etc.
D. Danger signs. A sign at least five square feet in size shall be conspicuously
placed near the base of a communications tower and it shall generally
state that danger exists and that no access is permitted.
[Amended 12-9-2013 by L.L. No. 4-2013]
TV dish antennas shall be allowed in districts where so designated
with the following conditions being met:
A. Location. Area requirements to include setback and side yard requirements
shall be met. Dish antennas shall not be located in a front yard and
they shall be as inconspicuously located in relation to adjacent structures
as is reasonably possible.
B. Advertising. No advertising shall be located on the antenna.
[Amended by L.L. No. 4-1989; 3-27-2006 by L.L. No. 1-2006; 12-9-2013 by L.L. No. 4-2013]
A. Title. This section shall be known as the "Junk Vehicle Law of the
Village of Celoron."
B. Purpose. It is declared to be of importance to the health, safety
and welfare of the inhabitants of the Village of Celoron to regulate,
restrain and eliminate junk vehicles within the Village of Celoron.
This section is enacted in recognition of the findings that outdoor
storage of even a single inoperable, unregistered, uninspected, unlicensed
or junk vehicle as defined by this chapter constitutes a nuisance,
an annoyance to owners and occupants of adjoining property and an
unsightly condition adversely affecting the general public, including
the value of property therein.
C. Junk vehicles prohibited; exceptions; removal.
(1) The keeping of any junk vehicles as defined in §
210-6 of this chapter is prohibited within the Village of Celoron, except as expressly permitted by this section.
(2) Exceptions:
(a)
Storage of vehicles will be allowed in areas as permitted by
the Village Code and that are maintained specifically for storage
of vehicles. This area must be completely enclosed by a fence that
has a gate that is not accessible to the general public. This storage
area must be in an area of the Village of Celoron that is zoned an
industrial area.
(b)
One junk vehicle is permitted, provided that it is located within
a fully enclosed garage so as not to be visible from neighboring properties
or from a public street.
(c)
The temporary storage of a junk motor vehicle is permitted on
the New-York-State-licensed motor vehicle repair premises that is
otherwise in compliance with this chapter of the Code of the Village
of Celoron for a period not to exceed 30 days.
(d)
One unregistered motor vehicle is permitted, provided that said
vehicle:
[1]
Does not fall within any of the provisions of Subsection
A of the definition of "junk vehicles" in §
210-6 of this chapter.
[2]
Carries a valid and current New York State inspection sticker
or other state's valid and current inspection sticker; however,
in no event shall such vehicle be stored for more than six months.
[3]
Such vehicle is covered by a proper cover, such cover being
manufactured to attractively cover the specific vehicle, and such
cover being maintained as manufactured.
(3) Notice to remove.
(a)
A junk vehicle not within the exceptions provided above shall
be removed by the property owner upon which the junk vehicle is located
within four days of the notification by the Code Enforcement Officer
of the Village of Celoron or his assistant or designee.
(b)
Notification by personal service or certified mail to the reputed
owner of said vehicle, if known, or any property owner upon which
said vehicle is located shall be sufficient.
D. Enforcement; penalties for offenses.
(1) The owner or owners of the premises upon which the junk vehicle is
located, the owner of the junk vehicle, any person having possession
or custody of a junk vehicle or any other person, firm, corporation
or other entity which allows, permits or causes the keeping of a junk
vehicle in violation of this chapter shall be punishable as provided
by this chapter.
(2) In the event of the failure to remove a junk vehicle after the four-day
notification to remove, the Code Enforcement Officer is authorized
to initiate the assistance of the Town of Ellicott Police Department
to cause the removal of said vehicle or vehicles and all costs thereof,
including storage, shall be at the sole expense of the property owner
and/or owner of the junk vehicle. Said vehicle or vehicles, if unclaimed
after four days, shall be deemed abandoned and may be sold or otherwise
disposed of in accordance with § 1224 of the Vehicle and
Traffic Law of the State of New York or other applicable provisions
of law.
(3) The notification form to be used pursuant to this chapter is attached
hereto and made a part hereof.
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VILLAGE OF CELORON NOTICE TO REMOVE JUNK VEHICLES
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TO:
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YOU ARE HEREBY NOTIFIED that one or more junk vehicles are located on premises located at ____________________________, Village of Celoron, New York in violation of § 210-44 of the Code of the Village of Celoron.
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YOU ARE FURTHER NOTIFIED that all junk vehicles and any parts
thereof located at the above premises must be removed no later than
four days after your receipt of this notice.
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A brief description of the junk vehicle(s) is as follows:
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CHAPTER 210, § 210-44D(1) AND § 210-74 OF THE CODE OF THE VILLAGE OF CELORON PROVIDE AS FOLLOWS:
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A.
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The owner or owners of the premises upon which the junk vehicle
is located, the owner of the junk vehicle, any person having possession
or custody of a junk vehicle or any other person, firm, corporation
or other entity which allows, permits or causes the keeping of a junk
vehicle in violation of this chapter shall be punishable as provided
by this chapter.
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B.
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Each violation of this chapter shall be punishable by a fine
not exceeding $250, imprisonment for not more than 15 days, or both
such fine and imprisonment, for each offense. Each day that a violation
continues after four days from service of the notification to remove
the vehicle shall constitute a separate offense and shall be punishable
as herein provided.
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The Village of Celoron reserves the right to remove said vehicle(s)
at the sole expense of the property owner and/or owner of the junk
vehicle(s) and dispose of the same as provided by law; HOWEVER, THE
PRIMARY RESPONSIBILITY TO REMOVE THE JUNK VEHICLE(S) REMAINS WITH
THE PERSONS STATED IN (A) ABOVE AND THEY SHALL REMAIN SUBJECT TO THE
ABOVE PENALTIES.
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Code Enforcement officer or Official Designee
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Heavy vehicles, as defined in Article
II, shall comply with the following conditions:
A. Location. The parking of heavy vehicles in R1 and R2 Districts and
the Village Parking Lot adjacent to the Boat Landing and all streets
adjacent to the Village parking lot shall be prohibited except by
permit only. In all other districts heavy vehicles shall be permitted
unless it can be shown that there will be a nuisance associated with
the vehicle.
B. Preexisting uses. All heavy vehicles which were previously parked
in violation of this section shall comply with this section within
30 days of the effective date of this chapter.
Animals may be maintained by special use permit within all districts
under the following conditions:
A. Commercial operations prohibited. Animals shall not be raised for profit or as a commercial venture. Animals shall only be allowed when kept for recreational use or for home consumption of its products. Domestic animals as defined under §
210-6 are exempt from obtaining a special use permit.
B. Fences. Farm-type animals shall be fenced so as not to be able to
come within 150 feet of adjacent residential structures nor within
10 feet of any boundary line.
C. Nuisances. Farm animals which create a nuisance due to odor, noise,
etc., or which create a safety or health problem shall be prohibited
within all districts.
D. Preexisting animals. Any animal existing at the time of enactment
of this chapter may continue to be allowed. However, the replacement
of preexisting farm animals shall only be allowed by special use permit.
[Amended 4-11-2003; 12-9-2013 by L.L. No.
4-2013]
A. It is
the purpose of this chapter to regulate the creation, opening, commencement
and/or operation of adult use and entertainment establishments, as
herein defined, in order to achieve the following:
(1) To
preserve the character and the quality of life in the Village of Celoron.
(2) To
control harmful and adverse secondary effects of adult uses, documented
in the Village of Celoron, on the surrounding areas such as decreased
property values, parking and traffic problems, increased crime, excess
noise, litter and loitering.
(3) To
restrict minors' access to adult uses.
(4) To
maintain the general welfare and safety for the Village of Celoron
residents.
B. Allowed zoning districts. All adult use and entertainment establishments as defined herein may only be created, opened, commenced or operated within the Industrial (I) Zoning District within the Village of Celoron by special use permit issued by the Village Board. All adult use and entertainment establishments shall obtain site plan approval from the Planning Board in accordance with §
210-67 of this chapter.
C. Location
within allowed zoning districts.
(1) An adult use and entertainment establishment shall be allowed after issuance of a special permit and approved site plan only in the allowed zoning districts set forth in Subsection
B hereof, and, within such district , shall have minimum area requirements as described in § 210-14D of this chapter, and the structure the adult use is located in and any accessory use/structure shall not be allowed:
(a) Within 100 feet of the property line of a parcel used for residential
purposes in the Village;
(b) Within 750 feet of the property line of a parcel containing a church,
synagogue, other place of worship, active cemetery, library, school,
licensed day-care facility, park, playground, government facility
commonly visited by the public (i.e., post office, Village office,
state/federal/county office), nursing home, adult home, or hospital,
whether or not such use is located in the Village;
(c) On the same parcel as another adult use and entertainment establishment;
or
(d) Within 750 feet of the property line of another adult use and entertainment
establishment, whether or not such use is located in the Village.
(2) The
above distances of separation shall be measured from the nearest exterior
wall or corner of the structure containing the adult use and entertainment
establishment.
D. Standards
appropriate to special use permit and site plan for adult use and
entertainment establishments. The Village of Celoron intends to protect
the scenic beauty of the Village and the value of property in the
Village. Therefore, adult use and entertainment establishments shall
meet all applicable requirements in the Village of Celoron Zoning
Law and shall be designed to be as least intrusive as possible by
using the following additional standards:
(1) Such
use and parking area shall be adequately fenced and/or buffered (landscaping/berms)
for screening from any adjacent property, and lighting shall be directed
away from adjacent property and public highways.
(2) Parking
shall be located in the side or rear yard, and no parking space may
be located less than 50 feet from any property line.
(3) Any structure containing the adult use and entertainment establishment and any accessory structure shall have a residential appearance similar to existing dwelling units (excluding mobile homes) in the Village of Celoron. Building design shall avoid areas of blank wall sections and windows or one-way windows shall comply with Subsection
E, Display prohibited.
E. Display
prohibited. All adult uses and entertainment establishments shall
be conducted in an enclosed building. It shall be a violation to display
or exhibit (in the open air, through a window, or by means of a sign.
depiction or decoration), or to allow to be displayed or exhibited,
any specified anatomical area or specified sexual activity.
F. Penalties
for offenses.
(1) Any
person, firm, corporation or entity found to be violating any provisions
of this chapter shall be served with a written notice by the Code
Enforcement Officer, stating the nature of the violation and providing
for immediate correction thereof. Such notice shall be served by one
of the following methods:
(b) By certified mail, return receipt requested, addressed to his or
their last known address as shown on the latest completed assessment
roll of the Village of Celoron; or
(c) By posting of such notice in a conspicuous place upon the premises
affected, and a copy thereof mailed, addressed to his or their last
known address as shown on the latest completed assessment roll of
the Village of Celoron.
(2) Any
person, firm, corporation or entity that shall violate any portion
of this chapter shall be guilty of a violation and, upon conviction
thereof, shall be fined in an amount not to exceed $250 or by imprisonment
for not more than 15 days, or both. The continuation of a violation
of the provisions of this chapter shall constitute, for each day the
violation is continued, a separate and distinct offense hereunder.
(3) The
owner and/or any occupant and/or any tenant and/or general agent of
a building, premises or part thereof where such a violation has been
committed or does exist shall be guilty of such an offense.
(4) Any
person, firm, corporation or entity violating any of the provisions
of this chapter shall become liable to the Village for any expense
or loss or damage occasioned the Village by reason of such violation.
(5) The
imposition of penalties herein prescribed shall not preclude the Village
or any person from instituting appropriate legal action or proceedings
to prevent a violation of this chapter, or to restrain or enjoin the
use or occupancy of a building, premises or part thereof in violation
of this chapter.
[Added 8-12-2013 by L.L. No. 2-2013]
A. Purpose. The purpose of this section is to establish minimum stormwater
management requirements and controls to protect and safeguard the
general health, safety, and welfare of the public residing within
the Village of Celoron. This section seeks to meet those purposes
by achieving the following objectives:
(1) Require land development activities to conform to the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-0-10-001 or as amended or revised.
(2) Minimize increases in the magnitude, rate, and frequency of stormwater
runoff between predevelopment and post-development conditions from
land use activities so as to prevent an increase in flooding, siltation
and streambank erosion.
(3) Prevent accelerated soil erosion and sedimentation so as to avoid
its deposit in streams and other receiving water bodies.
(4) Reduce detrimental impacts of stormwater flows on adjacent properties
and downstream communities.
(5) Minimize the accumulation, and facilitate the removal of pollutants
in stormwater runoff so as to perpetuate the natural biological and
recreational functions of streams, water bodies, and wetlands.
(6) Reduce the need for costly maintenance and repairs to roads, embankments,
ditches, streams, lakes, ponds, wetlands, and stormwater control facilities
resulting from inadequate control of soil erosion and stormwater runoff.
(7) Assure soil erosion control and stormwater runoff control systems
are incorporated into site planning at an early stage.
B. Applicability.
(1) This section applies to all land development activities and/or redevelopment activities that exceed any one of the thresholds below, unless exempt pursuant to Subsection
C below. No person may undertake a land development activity without first meeting the requirements of this section.
(2) This section defines three levels of applicability. Depending on
the area of disturbance and other criteria listed below, land development
activities will require either:
(a)
A full SWPPP (stormwater pollution prevention plan) with both
erosion and sediment control and post-construction water quality and
quantity controls;
(b)
A basic SWPPP with erosion and sediment control; or
(c)
A simple SWPPP, with a generic small site erosion and sediment
control plan.
(3) Any of the following activities require a full SWPPP, with erosion
and sediment control and post-construction water quality and quantity
controls, completed in accordance with the substantive requirements
of the NYS Department of Environmental Conservation State Pollutant
Discharge Elimination System (SPDES) General Permit for Construction
Activities GP-0-10-001 or as amended or revised:
(a)
Any land development activity with an area of disturbance greater
than or equal to one acre that is listed in the NYS Department of
Environmental Conservation State Pollutant Discharge Elimination System
(SPDES) General Permit for Construction Activities GP-0-10-001, Appendix
B, Table 2.
(b)
Any single-family home or single-family residential subdivision,
with an area of disturbance greater than or equal to one acre, that
will directly discharge into Chautauqua Lake.
(4) Any of the following activities require a basic SWPPP, with erosion
and sediment controls, completed in accordance with the substantive
requirements of the NYS Department of Environmental Conservation State
Pollutant Discharge Elimination System (SPDES) General Permit for
Construction Activities GP-0-10-001 or as amended or revised, unless
already subject to a full SWPPP as described above:
(a)
Any land development activity with an area of disturbance greater
than or equal to one acre that is listed in the NYS Department of
Environmental Conservation State Pollutant Discharge Elimination System
(SPDES) General Permit for Construction Activities GP-0-10-001, Appendix
B, Table 1.
(b)
The construction of a single-family home not directly discharging
into Chautauqua Lake that involves an area of disturbance greater
than or equal to one acre of land, but less than five acres.
(c)
The construction of a single-family residential subdivision
with 25% or less of impervious surface cover at total site build-out
and not directly discharging into Chautauqua Lake that involves an
area of disturbance greater than or equal to one acre of land, but
less than five acres.
(d)
Construction of a barn or other agricultural building, silo,
stockyard or pen that involves an area of disturbance greater than
or equal to one acre of land, but less than five acres.
(5) Any of the following activities require a simple SWPPP, unless already
subject to a basic or full SWPPP as described above:
(a)
Any land development activity or redevelopment activity with
an area of disturbance greater than or equal to 2,500 square feet
but less than one acre;
(b)
Any land development activity that involves the excavation or
filling, resulting in the movement of 250 cubic yards or more of soil
or similar material.
C. Exemptions. The following activities are exempt in part or in whole
from review under this section:
(1) Silvicultural activities as defined, except that landing areas and
log haul roads are subject to this chapter.
(2) Agricultural activity as defined.
(3) Routine maintenance activities that disturb less than one acre and
are performed to maintain the original line and grade, hydraulic capacity
or original purpose of a facility.
(4) Repairs to any stormwater management practice or facility deemed
necessary by the Code Enforcement Officer.
(5) Subdivision plats approved by the Village before the effective date
of this chapter, except individual building permits applied for on
or after the effective date of this chapter are subject to this chapter.
(6) Land development activities for which a building permit has been
approved before the effective date of this chapter, although the provisions
of this chapter may be applied to permit renewals, or substantial
modifications to the original proposal if occurring on or after the
effective date of this chapter.
(8) Installation of fence, sign, telephone, and electric poles and other
kinds of posts or poles.
(9) Emergency activity immediately necessary to protect life, property
or natural resources.
(10)
Activities of an individual engaging in home gardening by growing
flowers, vegetables and other plants primarily for use by that person
and his or her family.
(11)
Landscaping and horticultural activities in connection with
an existing structure creating less than 2,500 square feet of land
disturbance in total.
D. Stormwater pollution prevention plans (SWPPP).
(1) SWPPP submittal requirements. Any land development activity and/or redevelopment activity that exceed the thresholds listed in subsection
B of this section, and are not exempt pursuant to Subsection
C of this section, shall complete and submit a SWPPP as follows:
(a)
Simple SWPPP.
[1]
Any land development or redevelopment activity required to complete a Type I or II simple SWPPP must complete the simple SWPP in accordance with the requirements of Subsection
D(3) and Subsection
E of this regulation. Informational requirements that are not relevant or necessary to meet the erosion and stormwater objectives of this section may be waived by the reviewing board or official.
[2]
Once completed, the Type I or II simple SWPP shall be submitted
to the reviewing board as part of an application, and/or the Code
Enforcement Officer, as part of an application for a building or zoning
permit.
(b)
Basic SWPPP.
[1]
Any land development or redevelopment activity required to complete
a basic SWPPP must comply with the substantive requirements of the
NYS Department of Environmental Conservation (DEC) State Pollutant
Discharge Elimination System (SPDES) General Permit for Construction
Activities GP-0-10-001 or as amended or revised. Such activities will
be required to undertake and complete all required submittals to the
DEC.
[2]
Copies of the final SWPPP and notice of intent (NOI); submitted to the DEC; and completed in accordance with the technical standards referenced in Parts III.B.1, 2 or 3 of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001 or as amended or revised, and contained in part in Subsection
D of this section, shall be submitted to the reviewing board as part of an application, and/or the Code Enforcement Officer, as part of an application for a building or zoning permit.
(c)
Full SWPPP.
[1]
Any land development or redevelopment activity required to complete
a full SWPPP must comply with the substantive requirements of the
NYS Department of Environmental Conservation (DEC) State Pollutant
Discharge Elimination System (SPDES) General Permit for Construction
Activities GP-0-10-001 or as amended or revised. Such activities will
be required to undertake and complete all required submittals to the
DEC.
[2]
Copies of the final SWPPP and notice of intent; submitted to the DEC; and completed in accordance with the technical standards referenced in Parts III.B.1, 2 or 3 of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001 or as amended or revised, and contained in part in Subsection
D of this section, shall be submitted to the reviewing board as part of an application, and/or the Code Enforcement Officer, as part of an application for a building or zoning permit.
(2) Type and content of a simple SWPPP:
(a)
Type I simple SWPPP. A Type I simple SWPPP shall be required
for land development activities not requiring a full or basic SWPPP;
creating cumulative areas of disturbance totaling between 2,500 and
10,000 square feet; and not exceeding the following thresholds:
[1]
Located within 1,000 feet of the shoreline of Chautauqua Lake
or 200 feet of a wetland, streambank or watercourse;
[2]
Within a one-hundred-year flood hazard area as defined by the
Federal Emergency Management Agency (FEMA) and shown on the most current
Flood Insurance Rate Maps (FIRM);
[3]
Creates a use with impervious surfaces that cumulatively are
greater than 15% of the total lot area; or
[4]
Contain slopes in excess of 15% within the area of land disturbance.
(b)
Type I simple SWPPP content requirements.
[1]
Contact information including owner and developer's name,
address, project address, phone numbers, Tax Parcel No.
[2]
A brief description of the project, including a sketch, which
may be combined with other drawings required for a building permit,
specifically showing existing drainage features and vegetation on
the site.
[3]
The ground area in square feet or acres that will be disturbed
for each phase and for all phases of the project. The areas to be
measured include but are not limited to: driveways, parking areas,
buildings, septic systems, wells, grading and clearing, lawns, ditches,
drainage structures, utilities, stockpiles, etc., including the total
project area of disturbance, total parcel acreage, area of existing
impervious surface, total area of impervious surface expected at completion,
and total connected impervious area.
[4]
A description of the distance(s) from the areas of ground disturbance
on any part of the site to the edge of any stream, pond, lake, or
wetland on or in the vicinity of the site.
[5]
A generalized plan describing the erosion control measures to
be used to minimize the impacts of the land development activity appropriate
for the site, based upon the guidelines in the DEC Erosion Control
Manual. Measures may include:
[a] Stabilized construction entrance;
[b] Stabilization of exposed soil;
[c] Protection of adjacent properties, waterways, and
natural areas;
[d] Management of concentrated flow areas; and
[e] Maintenance during construction.
[6]
Any additional details requested by the CEO.
(c)
Type II simple SWPPP. Type II simple SWPPP shall be required
for land development activities not requiring a full or basic SWPPP;
creating cumulative areas of disturbance totaling greater than 10,000
square feet and less than 43,560 square feet; and not exceeding the
following thresholds:
[1]
Located within 1,000 feet of the shoreline of Chautauqua Lake
or 200 feet of a wetland, streambank or watercourse;
[2]
Within a one-hundred-year flood hazard area as defined by the
Federal Emergency Management Agency (FEMA) and shown on the most current
Flood Insurance Rate Maps (FIRM);
[3]
Creates a use with impervious surfaces that cumulatively are
greater than 15% of the total lot area; or
[4]
Contain slopes in excess of 15% within the area of land disturbance.
(d)
Type II simple SWPPP content requirements.
[1]
A narrative describing.
[a] The proposed development.
[b] The schedule for grading and construction activities,
including.
[i]
Start and completion dates.
[ii]
Sequence of grading and construction activities.
[iii] Sequence for installation and/or application
of soil erosion, sediment control and stormwater management measures.
[iv]
Sequence for final stabilization and stormwater management on
the project site.
[c] The design criteria for proposed soil erosion and
stormwater control measures and stormwater management facilities,
and computations necessary to demonstrate compliance with these criteria.
[d] The construction details for proposed soil erosion
and sediment control measures and stormwater management facilities.
[e] The installation and/or application procedures
for proposed soil erosion and sediment control measures and stormwater
management facilities.
[f] The operation and maintenance of proposed soil
erosion and sediment control measures and stormwater management facilities.
[g] A statement describing all design measures taken
to minimize grading and disturbance to land and vegetation.
[2]
A site plan, or subdivision plan, prepared in accordance with
applicable requirements of this section or the subdivision law which
shall include the following additional information.
[a] The proposed alterations including cleared, excavated,
filled or graded areas and proposed structures, utilities, roads and,
if applicable, new property lines.
[b] The location of and design details for all proposed
soil erosion and sediment control measures and stormwater management
facilities.
[c] The sequence of grading and construction activities.
[d] The sequence for installation and/or application
of soil erosion, sediment control and stormwater management measures.
[e] The sequence for stabilization of the development
site.
(3) Contents of a full or basic SWPPP. Any land development activity
and/or redevelopment activity that exceeds the thresholds listed in
the NYS Department of Environmental Conservation (DEC) State Pollutant
Discharge Elimination System (SPDES) General Permit for Construction
Activities GP-0-10-001 or as amended or revised, shall complete a
SWPPP in accordance all requirements of said permit.
E. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities or redevelopment activities required to complete a full, basic or simple SWPPP by Subsection
B of this section are subject to the following performance and design criteria.
(1) Technical standards. For the purpose of this section, the following
documents shall serve as the official guides and specifications for
stormwater management. Stormwater management practices that are designed
and constructed in accordance with these technical documents shall
be presumed to meet the standards of this section:
(a)
The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation, most current
version or its successor, hereafter referred to as the Design Manual).
(b)
New York Standards and Specifications for Erosion and Sediment
Control (Empire State Chapter of the Soil and Water Conservation Society,
2004, most current version or its successor, hereafter referred to
as the Erosion Control Manual).
(2) Equivalence to technical standards.
(a)
Where stormwater management practices are not in accordance with technical standards, the applicant must demonstrate equivalence to the technical standards set forth in Subsection
E(1) for a basic or a full SWPPP. The basic SWPPP developed must be prepared and certified by a licensed or certified professional and the full SWPPP must be prepared by a licensed engineer.
(b)
Where stormwater management practices contained within a simple
SWPPP are not in accordance with technical standards, the applicant
may use alternative principles, methods and procedures with prior
approval of the reviewing board, based upon a favorable recommendation
from the Chautauqua County Soil and Water Conservation District.
(3) Water quality standards.
(a)
Any land development activity shall not cause or contribute
to a violation of water quality standards in surface waters of the
State of New York. The standards are contained in Parts 700 through
705 of Title 6 of the Official Compilation of Codes, Rules and Regulations
of the State of New York.
(b)
These standards apply whether or not a project is subject to
this section, and whether or not a project meets the requirements
of this section. These standards are enforceable by the DEC under
the Environmental Conservation Law.
F. SWPPP review.
(1) The CEO shall accept and review all stormwater pollution prevention
plans for completeness and compliance with this section and, when
required, forward such plans to the applicable board. The CEO may,
if necessary, subject to budget restrictions and Village Board approval,
engage the services of the Chautauqua County Soil and Water Conservation
District representative, a registered professional engineer or certified
professional to review the plans, specifications and related documents
submitted in connection with any SWPPP.
(2) All land development activities subject to review and approval by
the Village Board, Zoning Planning Board or Planning Board of the
Village under site plan, special permit, or subdivision regulations
reviewed by such Board must be reviewed subject to the standards contained
in this section. No approval by any such Board shall be made unless
it determines that the SWPPP complies with the requirements of this
section.
(3) All land development activities subject to review under this section, but not subject to review under Subsection
F(2) above, require a stormwater pollution prevention plan (SWPPP) to be submitted to the CEO who shall determine completeness of the SWPPP and compliance with this section before issuing any required permits.
(4) No land development activity which requires a full, basic or simple SWPP in accordance with Subsection
B, unless exempt pursuant to Subsection
C above, above shall be commenced until the Code Enforcement Officer (CEO) has either an approved a simple SWPPP from the appropriate review board or has received a copy of the final SWPPP and NOI submitted to the DEC and all local reviews have occurred.
G. Implementation.
(1) The estimated costs of measures required to control soil erosion
and sedimentation, as specified in the approved plan, may be covered
in a performance bond or other guaranty acceptable to the reviewing
board.
(2) Site development shall not begin unless the soil erosion and stormwater
control plan is approved and those control measures and facilities
in the plan scheduled prior to site development are installed and
functional.
(3) Planned soil erosion and stormwater control measures and facilities
shall be installed as scheduled according to the approved plan.
(4) All erosion and stormwater control measures and facilities shall
be maintained in a condition which ensures compliance with the approved
plan and prevents sediment from leaving the site.
H. Inspection.
(1) Erosion and sediment control inspection.
(a)
The CEO may require such inspections as necessary to determine
compliance with this chapter and may either approve that portion of
the work completed or notify the applicant wherein the work fails
to comply with the requirements of this chapter and the stormwater
pollution prevention plan (SWPPP) as approved. To obtain inspections,
the applicant must notify the CEO at least 48 hours before any of
the activities listed below, as required by the CEO, or the CEO may
develop an inspection schedule specific to an individual project including
but not limited to:
[2]
Installation of sediment and erosion control measures.
[3]
Completion of site clearing.
[4]
Completion of rough grading.
[5]
Completion of final grading.
[6]
Close of the construction season.
[7]
Completion of final landscaping.
[8]
Successful establishment of landscaping in public areas. Additionally,
the Village may conduct inspections at any time.
(b)
If any violations are found, the applicant and developer shall
be notified in writing of the nature of the violation and the required
corrective actions. No further work shall be conducted except for
site stabilization until any violations are corrected and all work
previously completed has received approval by the CEO.
(2) Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner must grant to the Village the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection
H(1) of this chapter.
(3) Recordkeeping. Persons subject to this chapter are required to maintain
records demonstrating compliance with this chapter. Such records must
be provided to the CEO upon request.
I. Fees for services. The Village may require any person undertaking
land development activities subject to this section to pay the reasonable
costs of persons hired by the Village to review SWPPPs, perform inspections
of stormwater management facilities and certify the completion of
the same through application fees and escrow deposits required in
connection with an application for a building or zoning permit or
for site plan or subdivision approval. The Village Board may by resolution
establish a fee schedule SWPPP review and stormwater and erosion inspections.
J. Maintenance, inspection, and repair of stormwater facilities.
(1) Maintenance and inspection during construction. The applicant or
developer of the land development activity or their representative
must at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which
are installed or used by the applicant or developer to achieve compliance
with the conditions of this section. Sediment must be removed from
sediment traps or sediment ponds whenever their design capacity has
been reduced by 50%.
(2) Inspection, maintenance and easement agreement. Prior to the issuance
of any approval for a project that has the construction of a stormwater
management facility as one of the requirements, the applicant or developer
must execute an inspection, maintenance and easement agreement that
shall be binding on all subsequent landowners benefited by the stormwater
management facility. The agreement must provide for Village access
to the facility at all reasonable times for periodic inspection, and
possible maintenance by the Village (in the sole discretion of the
Village and expense of the owner) to ensure that the facility is maintained
in proper working condition and continues to meet design standards
and any other requirements of approval and this section. The agreement
must be recorded in the office of the County Clerk, and noted on the
subdivision plat (if applicable) after approval by the counsel for
the Village. The Village reserves the power to require enforcement
and charge-back of expense powers in the agreement, and to assign
all agreements to any future drainage district.
(3) Dedication of stormwater management facilities maintenance agreement.
The Village, in lieu of the agreement required in above, in its sole
discretion, may accept dedication of any existing or future stormwater
management facility, provided such facility meets all the requirements
of this section and includes adequate and perpetual access and sufficient
area, by easement or otherwise, for inspection and regular maintenance.
Prior to accepting a dedicated facility, the Village may require the
formation of a drainage district to include all parcels served by
the facility, to pay the expenses of ongoing inspection, maintenance,
and, if necessary, modification of the facility.
K. Enforcement.
(1) Stop-work orders. The CEO may issue a stop-work order for violations
of this chapter. Persons receiving a stop-work order are required
to halt all land development activities, except those activities that
address the violations leading to the stop-work order. The stop-work
order will be in effect until the CEO confirms that the land development
activity is in compliance and the violation has been satisfactorily
addressed. Failure to address a stop-work order in a timely manner
may result in civil, criminal, or monetary penalties in accordance
with the enforcement measures authorized in this section.
(2) Violations. Any land development activity that is commenced or is conducted contrary to this section may be restrained by injunction or otherwise abated in the manner provided by Article
XI of this chapter and as otherwise provided by law.
[Added 8-14-2017 by L.L.
No. 1-2017]
A. Statement of purpose. This Zoning for Solar Energy Law is adopted
to advance and protect the public health, safety, and welfare of the
Village of Celoron, New York, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and
residential properties, including single-family houses; and
(3)
Increasing employment and business development in the region
by furthering the installation of solar energy systems.
B. Solar as an accessory use or structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the 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.
(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 system installations shall
incorporate, when feasible, the following design 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 highest edge of the system.
(d)
Roof-mounted solar energy systems that use the 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 the electricity
primarily on site are permitted as accessory structures in all zoning
districts.
(b)
Height and setback. Ground-mounted solar energy systems shall
adhere to the height and setback requirements of the underlying zoning
district.
(c)
Lot coverage. Systems are limited to 20%. The surface area covered
by ground-mounted solar panels shall be included in total lot coverage.
(d)
All such systems in residential districts shall be installed
in the side or rear yards.
(e)
Ground-mounted solar energy systems that use the electricity
primarily on site shall be exempt from site plan review under the
local zoning code of other land use regulations.
C. Approval standards for large-scale solar energy systems as a special
use.
(1)
Large-scale solar energy systems are permitted through the issuance
of a special use permit within the Industrial District, 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 Code Enforcement Officer and referred, with
comments, to the Planning Board and Board of Trustees for their respective
site plan and special use permit review and action, which can include
approval, approval on conditions, and denial.
(2)
Special use permit application requirements. For a special 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)
Decommissioning plan. To ensure the proper removal of large-scale
solar energy systems, a decommissioning plan shall be submitted as
part of the application. Compliance with this plan shall be made 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 infrastructure and the remediation of soil and vegetation shall
be conducted to return the parcel to its original stage prior to construction.
The plan shall also include an expected time line 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. 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
to cover these costs to the municipality.
D. Special use permit standards.
(1)
Height and setback. Large-scale solar energy systems shall adhere
to the height and setback requirements of the underlying zoning district.
(2)
Lot size. Large-scale energy systems shall be located on lots
with a minimum lot size of 20,000 square feet.
(3)
Lot coverage. A large-scale solar energy system that is ground-mounted
shall not exceed 40% of the lot on which it is installed. The surface
area covered by solar panels shall be included in total lot coverage.
(4)
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. The type of fencing shall be determined by the Planning
Board. The fencing and the system may be further screened by any landscaping
needed to avoid adverse aesthetic impacts.
(5)
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 Code Enforcement Officer, are applicable
to the system being proposed. If none of the site plan requirements
are applicable, the Code Enforcement Officer may waive the requirement
for site plan review.
(6)
The Board of Trustees 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).
E. Abandonment and decommissioning. Solar energy systems are considered
abandoned after one year without electrical energy generation and
must be removed from the property. Applications for extensions are
reviewed by the Board of Trustees for a period of six months.
F. Fees. The fees for all permits are found in Chapter
98, Fees, of the Code of the Village of Celoron.
G. Enforcement. Any violation of this solar energy law shall be subject
to the same civil and criminal penalties provided for in the zoning
regulations of the Village of Celoron, New York.