Village of Celoron, NY Supplemental Regulations

Traffic safety. Ingress/egress from roadway, building setbacks, corner visibility, off-street parking, off-street loading.

Safety. Trash disposals, steep slopes, open pits, toxic or flammable fluids.

Health. Sewers/water, sunlight, air movement, junk vehicles and trash storage.

Character of neighborhood. Development density, traffic volume, lot sizes, compatible uses, buffers.

Public costs. Road damage, need for new roads, need for new utilities.

Environmental protection. Floodplain, wetlands, erosion, natural features.

Nuisances. Noise, odor, dust, lights, hours of operation, lot size, buffers, nuisance location.

(8)

Land use preservation. Open space unique features.

(9)

Aesthetics. Restoration, appearance, scenic views, buffers.

§ 210-28 Cluster development.

Purpose. The purpose of this section is to provide developers of residential subdivisions with the option of clustering by permitting reductions in bulk and area requirements of this chapter. In return, the developer would compensate for the increased density by guaranteeing that selected natural features (woods, stream, open air, etc.) would be maintained in common use.

Procedure.

Application procedures. Developers requesting increased densities for subdivisions should submit an application to the Code Enforcement Officer who should refer the application to the Planning Board for their review and recommendation. A copy of the application shall also be presented to the Board of Trustees at a regular meeting. The Planning Board shall make their recommendation in writing to the Board of Trustees within 30 days of receipt of the complete application.

[Amended 12-9-2013 by L.L. No. 4-2013]

Contents of application. The application shall include but not be limited to the following:

Overall development plans drawn to scale showing: exact size, shape, and location of lot to be built upon. Kind, location, occupancy capacity of structures, bulk and uses, general floor plan of buildings; location and definition of open spaces, streets, and all other means for pedestrian and vehicular circulation, parks, recreational areas and other non-building sites; provisions for automobile parking and loading including size, arrangement and number of spaces and placement of lighting standards; general landscape plan, general location and nature of public and private utilities (including underground utilities) and other community facilities and services (including maintenance facilities). Additional information related to water runoff control, slope, contour, type of building, etc.; area to be utilized for storage of materials and type of architectural screen to be used shall be provided.

Area requirements.

Requests for area concessions shall include facts concerning the suitability of the site, the proposed density, the location and proposed uses and facilities for development in accordance with the provisions of this chapter.

Provisions for maintenance and control of the open space land with financial responsibility for such open space clearly indicated.

The applicant shall include such other pertinent information, as the Planning Board shall prescribe.

Decisions. The Board of Trustees shall approve, approve with conditions, or disapprove such applications. The decision of the Board shall be accomplished within 60 days from when all necessary information has been supplied by the applicant.

[Amended 12-9-2013 by L.L. No. 4-2013]

Standards.

Area alterations. The regulations of the district in which the cluster residential development is proposed for shall be observed and maintained with the following exceptions: All area and bulk requirements may be reduced by up to 30% as determined by the Board of Trustees as long as county health regulations are met.

[Amended 12-9-2013 by L.L. No. 4-2013]

Open space. Open space land shall be set aside for the common use and enjoyment of all residents in the cluster residential development. In general, the land set aside for permanent open space shall be the area differential between the regulations and requirements of the district and the requested requirements. Access to the open-space lands must be convenient to all residents.

§ 210-29 Lakeshore regulations.

The following regulations shall apply to parcels located adjacent to Chautauqua Lake. In cases of conflict with other regulations, the most stringent shall apply.

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]

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]

Visibility from adjacent parcels.

Maximum floor space of 150 square feet recommended.

Structure is sufficiently anchored to prevent movement due to wind, high waters, etc.

Structure does not extend beyond the natural high water shoreline.

Other reasonable conditions deemed necessary.

Breakwalls. Any modification of a shoreline shall be in accordance with NYS Department of Environmental Conservation Regulation.

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]

Visibility from adjacent parcels.

Height of fence.

Type of fence.

Other reasonable conditions deemed necessary.

Docks.

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.

Commercial use of docks in the R2 District shall only be allowed by special use permit.

§ 210-30 Home occupations.

To be allowed in any district, a home occupation must be listed under uses allowed for the district in question, and additionally, must meet the standards below:

		Standard
	Maximum floor area used for home occupation	35%
	Accessory building may be used	Yes
	Maximum number nonhousehold employees	1
	On premise sale of goods/services	Yes
	Outside display	No
	Signs/size square feet	2 square feet
	Effects on character neighborhood	Minimal
	Parking required	Yes
	Nuisances allowed (noise, etc.)	No
	Examples of uses allowed	Realty office, upholstery, photography, locksmith, professional office, barber/beauty shop

Preexisting home occupations. Home occupations legally existing at the time of enactment of this chapter shall not be required to comply with any of the above conditions.

§ 210-31 Household sales.

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:

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.

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.

Permits. The first three household sales shall not be subject to permit requirements or fees.

Exempt sales. All public or semipublic nonprofit organizations shall be exempt from the requirements of this section.

§ 210-32 Drive-in establishments.

[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:

General condition. General development conditions must be met as listed in Article VI.

Traffic backup. Adequate driveways and parking shall be provided so as to avoid vehicle backup onto public roadways during peak business hours.

Buffers. Appropriate buffers (fence, hedge, etc.) may be required especially if the character of the neighborhood warrants it.

§ 210-33 Service stations.

Entrance/exit. No public garage or motor vehicle service station or private garage for more than five vehicles shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public parks, playground, or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street, and along the street frontage if both entrances are on the same side of the street or within the same block.

Location. All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than 50 feet.

Inoperative vehicles. No inoperative motor vehicle shall be kept on the premises of a motor vehicle service station for longer than four weeks.

Waste materials. All waste material, motor, and motor parts, will be stored within the structure or enclosed within fencing so as not to be visible from off the property.

Preexisting uses. Service stations existing at the time of enactment of this chapter shall comply with Subsection C, Inoperative vehicles, and Subsection D, Waste materials, within six months of the enactment date. No later than 45 days prior to the expiration of the six months period the applicant may request an extension from the Zoning Board of Appeals.

§ 210-34 Auto body repair shops.

Auto body repair shops shall be allowed in any districts when specifically listed as an allowed use under the following conditions:

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.

Hours of operation. The hours of operation shall be derived so as to limit the noise during nonbusiness hours.

Area requirements. The lot on which the shop is to be located shall be a minimum of one acre.

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.

§ 210-35 Auto wrecker business.

Auto wrecking services shall meet the following conditions:

Fence. A fence capable of completely screening all wrecked or disabled vehicles on the premises from adjacent properties shall be installed.

Area requirements. All setbacks and side yard requirements shall be met with respect to any part of the property used for the wrecker business.

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.

§ 210-36 Private swimming pools.

A private swimming pool shall meet the following requirements:

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.

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.

Maintenance. Both in-ground and aboveground pools, accessory buildings, fences, etc., shall be properly maintained.

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.

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]

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.

§ 210-37 Off-street parking.

Purpose. Off-street parking space with a proper and safe access shall be provided within a structure or in the open to serve adequately the uses on each lot within the district. Any application for a building permit for a new or enlarged building structure or change in use shall include with it a plot plan drawn to scale and fully dimensioned, showing any parking in compliance with the regulations of this chapter.

Size requirements. A required off-street parking space shall be an area of not less than 162 square feet, not less than 8 1/2 feet wide by 19 feet long, exclusive of access drivers or aisles, ramps, columns, or office and work areas, accessible from streets, or alleys, or from private driveways or storage or parking of passenger automobiles or commercial vehicles under 1 1/2 ton capacity. Aisles between vehicular parking spaces shall not be less than 12 feet in width when serving automobiles parked at a forty-five-degree angle in one direction not less than 20 feet in width when serving automobiles parking perpendicular to the aisles and accommodating two-way traffic.

Street access. Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as it will least interfere with the movement of traffic.

Location. Where it is reasonably possible, no parking space nor portion thereof established on the same zoning lot with a building shall be located within a required front yard and no parking spaces nor portion thereof established on a lot without a building shall be located closer to any street line than the front yard setback requirements of this chapter in the same manner as a building or structure. The afore mentioned required setbacks shall not be applicable to business district, nor to residential driveways which may be used for parking.

Material composition. All open off-street parking spaces shall be surfaced with some all-weather dustless materials.

[Amended 12-9-2013 by L.L. No. 4-2013]

Number of spaces. The following parking spaces shall be provided and satisfactorily maintained by the owner of the property, for each use which, after the date when this chapter becomes effective, is erected, enlarged, or altered for use for any of the following reasons:

[Amended 12-9-2013 by L.L. No. 4-2013]

	Uses	Minimum of 1 Space Per
	One-family residence	1/2 dwelling unit
	Two-family residence	1/2 dwelling unit
	Multifamily residence	1/2 dwelling unit
	Church	5 fixed seats
	Home for aged	3 residents
	Elementary school	12 students
	High school and college	12 students
	Library	100 square feet
	Places of assembly, including convention hall and dance hall	100 square feet
	Club, lodge (without sleeping accommodations)	4 members
	Places providing sleeping accommodations, including hotels, motels, and tourist homes	Sleeping unit
	Mortuaries or funeral parlors	1/8 viewing room, plus 1 for every employee
	Offices, banks	100 square feet floor area
	Food market	200 square feet floor area
	Eating and drinking establishments	4 seats or 1 for each 200 square feet floor area, whichever is more
	Bowling alley	1/2 alley
	Other commercial	300 square feet sales area
	Industrial	Employee (maximum work shift)
	Other uses not listed above	250 square feet floor area

§ 210-38 Loading and unloading.

Need. Off-street loading and/or unloading spaces for commercial vehicles while loading and/or unloading shall be provided on each lot where it is deemed that such facilities are necessary to serve the new use or uses on the lot. At least one off-street loading and/or unloading space shall be provided for all new commercial establishments in excess of 7,500 square feet of floor area.

Size. Each loading and/or unloading space shall be at least 14 feet wide, 60 feet long and shall have at least a fifteen-foot vertical clearance, and shall have a sixty-foot maneuvering area.

Use of parking spaces. Parking space shall not be used for loading and/or unloading purposes except during hours when business operations are suspended.

Design. Loading and/or unloading facilities shall be designed so that trucks need not back up on public roadways, or park in any public right-of-way. No truck shall be allowed to stand in a traveled cartway or pedestrian walkway or in any way block the effective flow of persons or vehicles. The loading and/or unloading area shall have an all-weather surface to provide safe and convenient access during all seasons.

§ 210-39 Signs.

Administration.

Permits required. Except as listed in the following Subsection A(2) and (3) of this section, a zoning permit shall be required before a sign is created, altered or enlarged. A permit shall not be issued until all applicable sign regulations are met. All requests for permits must be accompanied by a plan drawn to scale showing the exact size, shape, location and type or sign.

Exempt signs. The following signs shall be exempt from all regulations of this section: Public signs such as directional, street, traffic, public safety and public service.

Signs requiring no permit. The following signs shall be subject to all regulations of this section but shall be exempt from obtaining a zoning permit as required in Subsection A(1) above:

Temporary signs to include contractor signs, political signs, and others as specified by definition.

Signs used in conjunction with nonprofit organizations.

Indoor signs unless the total sign area visible from the outside is greater than 10 feet.

Specific regulations by sign type.

Signs attached to buildings.

No sign shall project more than 12 inches from the building wall on which it is attached.

[Amended 12-9-2013 by L.L. No. 4-2013]

No sign shall project higher than the roof line.

No sign shall be permitted to be mounted on the roof of a building above the roof line.

Signs may be painted on buildings.

No sign shall be so located as to overhang above a walkway or a right-of-way.

Freestanding signs. Freestanding signs shall be allowed in accordance with the following:

Height. A maximum height of 10 feet from the ground to the top of the sign shall be required. For unusual situations, a variance may be granted but only to the degree determined to be necessary.

Mobile temporary signs can only be placed on private property at least six feet back from the nearest traveled portion of the closest roadway to said sign. A Zoning permit will be required for mobile temporary signs.

Temporary sign regulation. The following specific regulations shall apply to temporary signs:

Contractor signs shall be allowed during periods from when the job commences and is completed. The sign must be removed if substantial progress on the job is not taking place.

Political signs shall be allowed four weeks before and one week after the election and it shall be the responsibility of the candidate to comply with these regulations. Permission from the property owner must be received prior to sign placement.

Household sales signs shall be permitted by right in accordance with the following regulations:

Maximum size. No more than six square feet.

Maximum number. No more than three signs shall be used and permission must be received from property owners where off-premises signs are located.

Location. Signs shall not be placed on trees or utility poles and must be placed on private property.

Time. Household signs may be erected on the day the sale starts and must be removed on the last day of the sale.

Billboards. Billboards shall not be allowed.

Districts allowed in and size requirements.

KEY:
R - By Right - Allowed
S - Special Use Permit - Allowed
NA - Not Allowed
NP - No Permit Required/Allowed

	Districts Where Signs are Allowed (By Right or Special Use Permit)			Size of Signs (Maximum Square Feet)
	Business Signs			Business Signs
Districts	On Premises	Off Premises	Temporary	On Premises	Off Premises	Temporary
R-1 Single Family	S	NA	NP	2	—	10
R-2 Multi Family	S	NA	NP	12	—	10
C1/Commercial	R	S	NP	100	100	30
C2/Lake Commercial	R	S	NP	100	100	30
C3/Central Business/ Shoreline Commercial	R	S	NP	20	20	10
I1/Industrial	R	S	NP	150	150	40
RC/Recreational/ Cultural	NA	NA	NA	NA	NA	NA

General regulations.

Conditions.

Every permitted sign must be constructed of durable materials and kept in good conditions and repair.

Any sign which is allowed to become dilapidated may be removed by the municipality at the expense of the owner or lessee of the property on which it is located. Advance notification shall be given to the owner 30 days prior to any action taken by the municipality.

Off-premises signs must have the name, address and telephone number of the person(s) responsible for the sign.

Location.

Traffic.

No sign shall be so located that the sign might interfere with traffic, be confused with or obstruct the view or effectiveness of any official traffic sign, signal or marking.

No sign shall extend within a road or street right-of-way or be placed on poles or trees within a road or street right-of-way.

Ingress, egress.

No sign shall be located which shall prevent free ingress or egress from window, door or fire escape.

No sign shall be so placed that it will obscure light and/or air movement from a building.

Height. No sign shall be more than 30 feet in height as measured from the ground.

Illumination. Illuminating arrangements for signs shall be such that the light is concentrated on the sign with a minimal spillover cast on the street, sidewalk or adjacent properties and such signs may only be illuminated from 6:00 a.m. to 11:00 p.m.

[Amended 12-9-2013 by L.L. No. 4-2013]

Cessation.

If a use ceases for a period of one year, all detached signs must be removed.

Such signs may be removed by the municipality at the expense of the owner or lessee of the property on which the sign is located if the sign has not been removed after 30 days' notice.

NYS regulations. New York State highway regulations related to outdoor advertising shall also apply where applicable.

Preexisting uses.

Legally existing nonconforming signs shall generally be required to comply with Subsection D(1), Conditions, and D(2), Location, of this section when the enforcement of selected regulations can be reasonably applied without substantial investment.

Where it is questionable which regulations apply to nonconforming uses, then the Zoning Board of Appeals shall determine at a public hearing which regulations shall apply and file it in writing.

From the date the sign owner is notified in writing of action to be taken, a one-year period shall be allowed for nonconforming uses to come into compliance. The Zoning Board of Appeals may extend this time period as warranted.

§ 210-40 Fences and walls.

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:

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.

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]

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.

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.

Fire hazard. Any fences which shall be considered a fire hazard due to location or material composition shall not be allowed.

Maintenance. All fences shall be maintained structurally and visually.

Lakeshore fence. See § 210-29, Lakeshore regulations.

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.

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.[1]

Editor's Note: Original § 19-615 of the 1966 Code, Topsoil stripping and excavation, which immediately followed this section, was repealed 12-9-2013 by L.L. No. 4-2013.

§ 210-41 Towers/windmills.

[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:

Location. Towers and windmills shall be removed from surrounding residential structures sufficiently so as to not cause a nuisance.

Buffer. The placement or retention of buffers shall be considered where they would improve the compatibility of the use with surrounding areas.

Attractive nuisance. The base of towers and windmills shall be sufficiently protected from entry either by tower/windmill design or by protective fences, etc.

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.

§ 210-42 TV dish antennas.

[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:

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.

Advertising. No advertising shall be located on the antenna.[1]

Editor's Note: Original §§ 19-618 of the 1966 Code, Solar energy systems, and 19-619 of the 1966 Code, Unsafe structures, which section was amended by L.L. No. 3-1989, which immediately followed this section, were repealed 12-9-2013 by L.L. No. 4-2013.

§ 210-43 Shooting ranges.

Purpose. In order to promote safety and the general welfare of the public and to maintain the quality of neighborhoods, the following regulations are to be enforced for all ranges.[1]

Editor's Note: The original definition for "shooting range," which immediately followed this subsection, was moved to § 210-6, Definitions, 12-9-2013 by L.L. No, 4-2013.

The operating of shooting ranges shall be allowed between the hours of 9:00 a.m. and 10:00 p.m. for a maximum of 12 daily hours of shooting allowed per range. Up to two special shoots a year will be allowed to begin at 8:00 a.m.

[Amended 12-8-2014 by L.L. No. 3-2014]

Safety conditions. All ranges shall be so located and directed so as to present the safest situation possible with respect to the existing neighborhood. As a minimum, the property should be posted to discourage persons from entering the range.[2]

Editor's Note: Original Subsections E and F, regarding annual permits and preexisting ranges, respectively, which immediately followed this subsection, were repealed 12-9-2013 by L.L. No. 4-2013.

§ 210-44 Junk vehicles.

[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]

Title. This section shall be known as the "Junk Vehicle Law of the Village of Celoron."

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.

Junk vehicles prohibited; exceptions; removal.

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.

Exceptions:

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.

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.

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.

One unregistered motor vehicle is permitted, provided that said vehicle:

Does not fall within any of the provisions of Subsection A of the definition of "junk vehicles" in § 210-6 of this chapter.

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.

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.

Notice to remove.

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.

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.

Enforcement; penalties for offenses.

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.

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.

The notification form to be used pursuant to this chapter is attached hereto and made a part hereof.


	VILLAGE OF CELORON NOTICE TO REMOVE JUNK VEHICLES
	TO:
	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.
	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.
	A brief description of the junk vehicle(s) is as follows:
	CHAPTER 210, § 210-44D(1) AND § 210-74 OF THE CODE OF THE VILLAGE OF CELORON PROVIDE AS FOLLOWS:
	A.	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.
	B.	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.

	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.
	Dated:	Code Enforcement officer or Official Designee

§ 210-45 Trash storage.

Definition. See § 210-6, Definitions.

Conditions for temporary storage.

Quantity. Trash may be temporarily stored or collected if it does not exceed 100 square feet of area.

Location. Trash must be stored in one contiguous location.

Buffer. Trash shall be located so as to be not visible from adjacent properties and roadways or artificial barriers (e.g., fences, shrubs, etc.) shall be used to screen the trash.

Disposal. Trash shall be stored no longer than stated in the following guidelines:

Garbage and recyclables: seven days.

Yard debris (e.g., cut grass, branches, etc.): 14 days.

Discarded furniture, appliances, sinks, toilets, and bathtubs: 14 days.

All other trash: 14 days.

Construction and demolition debris storage. Construction and demolition debris shall be subject to the conditions as outlined in Subsection B(1), (2) and (3) above.

Dismantled vehicle parts/machinery and spare parts. Any dismantled vehicle parts or machinery and spare parts for same must be stored within an enclosed structure.

Preexisting. These conditions shall apply to all trash existing at the time of enactment of this chapter (October 27, 1993) and compliance shall take place within 30 days of the effective date of this chapter.[1]

Editor's Note: Original Subsection C, regarding the effective date of this section, which immediately followed this subsection, was repealed 12-9-2013 by L.L. No. 4-2013.

§ 210-46 Heavy vehicles.

Heavy vehicles, as defined in Article II, shall comply with the following conditions:

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.

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.

§ 210-47 Large group gatherings.

Conditions.

Prior to the granting of a special use permit, the following will be taken into consideration:

Traffic safety-parking, access.

Noise.

Health and sanitation.

Character of neighborhood development density.

Beverages to be served.

(f)

Security and traffic controls.

(g)

Cleanup and restoration of land.

(h)

Other appropriate considerations.

A special use permit may be granted by the Board of Trustees without a public hearing or referral to the Planning Board. The Board of Trustees may impose conditions and/or fees as deemed necessary.

[Amended 8-8-2011 by L.L. No. 3-2011]

Sponsor responsibility. The sponsor of any large group gathering shall be responsible for compliance with any conditions which are specifically imposed as well as the overall conduct of the gathering.

§ 210-48 Animals in business and residential districts.

Animals may be maintained by special use permit within all districts under the following conditions:

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.

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.

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.

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.

§ 210-49 Travel trailers, accessory use.

Inhabitation time. Travel trailers may be inhabited on a temporary basis in accordance with the following chart:

No permit or fee is required unless the number of inhabitation days desired is greater than the specified, in which case, a special use permit must be requested.

	Districts	Maximum No. of Days Inhabited Per Time Period
	R1	1 week per 3 months
	R2, C1	2 weeks per 3 months
	C2	3 weeks per 3 months

Conditions.

To be inhabited, the travel trailer must be located on a lot which contains an inhabited principal dwelling unit.

A travel trailer may be stored (uninhabited) on a lot indefinitely.

Area requirements (e.g., side yard requirements) shall be met.

It is intended that travel trailers be generally inhabited by visitors/guests and not be residents of the principal dwelling unit.

Travel trailers shall not be connected to permanent sewage/water facilities.

Travel trailers may not be utilized in such a manner so as to cause a nuisance.

Maintain in a condition suitable for highway use and capable of passing a state inspection.[1]

Editor's Note: Original § 19-627 of the 1966 Code, Mobile home park, which immediately followed this section, was repealed 12-9-2013 by L.L. No. 4-2013.

§ 210-50 Adult use and entertainment establishments.

[Amended 4-11-2003; 12-9-2013 by L.L. No. 4-2013]

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:

To preserve the character and the quality of life in the Village of Celoron.

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.

To restrict minors' access to adult uses.

To maintain the general welfare and safety for the Village of Celoron residents.

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.

Location within allowed zoning districts.

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:

Within 100 feet of the property line of a parcel used for residential purposes in the Village;

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;

On the same parcel as another adult use and entertainment establishment; or

Within 750 feet of the property line of another adult use and entertainment establishment, whether or not such use is located in the Village.

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.

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:

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.

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.

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.

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.

Penalties for offenses.

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:

By personal service;

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

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.

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.

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.

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.

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.

§ 210-51 Stormwater management, erosion and sediment control.

[Added 8-12-2013 by L.L. No. 2-2013]

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:

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.

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.

Prevent accelerated soil erosion and sedimentation so as to avoid its deposit in streams and other receiving water bodies.

Reduce detrimental impacts of stormwater flows on adjacent properties and downstream communities.

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.

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.

Assure soil erosion control and stormwater runoff control systems are incorporated into site planning at an early stage.

Applicability.

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.

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 full SWPPP (stormwater pollution prevention plan) with both erosion and sediment control and post-construction water quality and quantity controls;

A basic SWPPP with erosion and sediment control; or

A simple SWPPP, with a generic small site erosion and sediment control plan.

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:

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.

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.

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:

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.

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.

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.

Any of the following activities require a simple SWPPP, unless already subject to a basic or full SWPPP as described above:

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;

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.

Exemptions. The following activities are exempt in part or in whole from review under this section:

Silvicultural activities as defined, except that landing areas and log haul roads are subject to this chapter.

Agricultural activity as defined.

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.

Repairs to any stormwater management practice or facility deemed necessary by the Code Enforcement Officer.

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.

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.

Cemetery graves.

(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.

Stormwater pollution prevention plans (SWPPP).

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:

Simple SWPPP.

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.

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.

Basic SWPPP.

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.

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.

Full SWPPP.

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.

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.

Type and content of a simple SWPPP:

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:

Located within 1,000 feet of the shoreline of Chautauqua Lake or 200 feet of a wetland, streambank or watercourse;

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);

Creates a use with impervious surfaces that cumulatively are greater than 15% of the total lot area; or

Contain slopes in excess of 15% within the area of land disturbance.

Type I simple SWPPP content requirements.

Contact information including owner and developer's name, address, project address, phone numbers, Tax Parcel No.

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.

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.

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.

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:

Located within 1,000 feet of the shoreline of Chautauqua Lake or 200 feet of a wetland, streambank or watercourse;

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);

Creates a use with impervious surfaces that cumulatively are greater than 15% of the total lot area; or

Contain slopes in excess of 15% within the area of land disturbance.

Type II simple SWPPP content requirements.

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.

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.

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.

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.

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:

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).

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).

Equivalence to technical standards.

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.

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.

Water quality standards.

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.

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.

SWPPP review.

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.

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.

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.

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.

Implementation.

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.

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.

Planned soil erosion and stormwater control measures and facilities shall be installed as scheduled according to the approved plan.

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.

Inspection.

Erosion and sediment control inspection.

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:

Start of construction.

Installation of sediment and erosion control measures.

Completion of site clearing.

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.

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.

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.

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.

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.

Maintenance, inspection, and repair of stormwater facilities.

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%.

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.

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.

Enforcement.

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.

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.[1]

Editor's Note: Original Article VII of the 1966 Code, Administration by Enforcement Officer, as amended by L.L. Nos. 5-1991, 2-2008 and 5-2009, which immediately followed this section, was repealed 12-9-2013 by L.L. No. 4-2013.

§ 210-51.1 Solar energy systems.

[Added 8-14-2017 by L.L. No. 1-2017]

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:

Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;

Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and

Increasing employment and business development in the region by furthering the installation of solar energy systems.

Solar as an accessory use or structure.

Roof-mounted solar energy systems.

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.

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.

Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:

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.

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.

Ground-mounted solar energy systems.

Ground-mounted solar energy systems that use the electricity primarily on site are permitted as accessory structures in all zoning districts.

Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.

Lot coverage. Systems are limited to 20%. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.

All such systems in residential districts shall be installed in the side or rear yards.

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.

Approval standards for large-scale solar energy systems as a special use.

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.

Special use permit application requirements. For a special permit application, the site plan application is to be used as supplemented by the following provisions:

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.

Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

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.

Special use permit standards.

Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.

Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of 20,000 square feet.

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.

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.

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.

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).[1]