A.
Findings of fact. The Town Board has heretofore made certain findings, determinations, and declarations relative to the matters set forth in this § 250-35, and a copy of the text of such findings, determinations, and declarations is set forth at Section A of Appendix A attached hereto, which Appendix A is hereby incorporated and made a part of this chapter for all purposes by this reference.[1]
[1]
Editor's Note: Appendix A is attached to this chapter.
B.
Purposes and legislative intent. The purposes and legislative intent underlying the Town Board's passage of this § 250-35 are set forth at Section B of Appendix A attached hereto.
C.
Special permit required. Adult-oriented businesses shall require
special use permits and may only be sited as may be allowed by this
chapter.
D.
Standards applicable to adult-oriented businesses. Upon application therefor, the Planning Board may approve the application for a special use permit under this § 250-35 if it finds that the proposed special use permit use, the proposed site plan, and the proposed buildings and structures will conform to applicable provisions of this chapter and will comply with the following requirements:
(1)
Separation.
(a)
No more than one adult-oriented business shall be permitted on any
lot.
(b)
No adult-oriented business shall be located in any building any part
of which is used for residential purposes.
(c)
Separation distance.
[1]
No adult-oriented business shall be located on any lot which is located
within 1,000 feet of:
[2]
For purposes hereof, the distance between an adult-oriented
business and a sensitive site or other such business or establishment
shall be computed by measuring a straight line from the most proximate
(closest) points between the lot line of such business and the lot
line of such sensitive site or other business.
(2)
Live performance security.
(a)
Each adult-oriented business featuring live performances (whether viewable from a stage, from individual booths, rooms or cubicles, or otherwise) characterized by exposure of specified anatomical areas or by specified sexual activities shall maintain adequate security during hours of operation to ensure the public peace and order. The provisions of this Subsection D(2) shall require any adult-oriented business offering such live performances to employ not less than one uniformed security guard per every 50 or fewer patrons on the premises.
(b)
For any number of patrons over 50, each adult-oriented business
offering such live performances shall employ not less than two uniformed
security guards. All uniformed security guards shall be employed in
accordance with the New York State Security Guard Act of 1992, as
may be amended from time to time.
(3)
Interior configuration and layout.
(a)
Subject to the next sentence of this Subsection D(3), an adult-oriented business shall not offer adult materials or entertainments characterized by an emphasis on specified sexual activities or specified anatomical areas for viewing in rooms, booths or other cubicles, if the interior square footage of any one such room, booth or other cubicle is insufficient to accommodate the total number of persons who may lawfully occupy the premises of such business at one time.
(b)
Notwithstanding the preceding sentence, an otherwise permitted
adult-oriented business may offer adult materials or entertainments
characterized by an emphasis on specified sexual activities or specified
anatomical areas for viewing in one or more rooms, booths or other
cubicles insufficient to accommodate the total number of persons who
may lawfully occupy the premises of such business at one time, provided
that:
[1]
The interior of each such room, booth or other cubicle is visible,
without obstruction by merchandise, display racks or any other materials,
at all times from at least 50% of the interior square footage of the
principal selling area of the establishment accessible to patrons;
[2]
Each such room, booth or other cubicle is equipped with overhead
lighting fixtures of sufficient intensity to illuminate every place
to which patrons have access at an illumination of not less than five
footcandles as measured at floor level, and such illumination is maintained
at all times patrons are present on the premises;
[3]
There is no opening of any kind between such rooms, booths or
other cubicles; and
[4]
No such room, booth or other cubicle is equipped with a nontransparent
door, curtain or any similar device which may be used to block the
view into each such room, booth or other cubicle.
(4)
Sign. No more than one exterior sign or interior display that is
visible from outside the business shall be permitted which identifies
or portrays the adult-oriented business, and such sign or display
shall not exceed a sign area of 20 square feet total for both sides
combined. Such sign or display shall not incorporate images containing
nudity or seminudity and shall be subject to all other requirements
of this chapter applicable to signs.
(5)
Persons under 18 prohibited. It shall be a condition of any special
use permit issued for an adult-oriented business use that no person
under the age of 18 years shall be permitted into the premises.
(6)
Additional requirements. The Planning Board may impose such additional terms and conditions upon the issuance of any special use permit hereunder as it deems appropriate to further the aims of this § 250-35 and the remainder of this chapter, including but not limited to restrictions on advertising, outdoor displays, and the location of merchandise.
Campgrounds with five or more campsites shall require a special use permit. Upon application therefor, the Planning Board may approve the application for a special use permit under this § 250-36 if it finds that the proposed special use permit use, the proposed site plan, and the proposed buildings and structures will conform to all other applicable provisions of this chapter and comply with the following requirements:
A.
The facility must be in compliance with all applicable State Health
Department regulations;
B.
Independent on-site sewage disposal and water supply systems shall
not be permitted on individual campsites;
C.
A twenty-five-foot planted or natural landscaped border will be provided
for on all perimeters of the campground property;
D.
The facility shall consist of 10 or more acres of land;
E.
Density shall not exceed more than eight campsites per acre; and
F.
Permanent occupancy shall be prohibited.
A.
Purpose. It is the purpose and intent of this § 250-37 to authorize, upon application and issuance of a special use permit, the installation of small, removable homes in order to:
(1)
Foster and support extended families;
(2)
Permit adult children to provide small, temporary homes for their
aging parents or grandparents who are in need of support, and to permit
legal guardians and next of kin to provide small, temporary homes
for relatives with infirmities, while maintaining as much of the independence
of the different generations as possible; and
(3)
Permit housing in a manner that protects the property values and
character of neighborhoods by ensuring that the care cottages are
compatible with the neighborhood and are easily removable.
B.
Special use permit required. Care cottages shall require a special
use permit.
C.
Application requirements for care cottage. The application for original
issuance of a special use permit and renewal shall contain such information
as the Planning Board or Code Enforcement Officer (as applicable)
may require to adequately review qualifications for granting the permit,
but, at a minimum, an original application shall contain:
(1)
The name of the owner of the lot;
(2)
The names of the occupants of the principal building;
(3)
The names of the proposed occupants of the care cottage;
(4)
The ages of the proposed occupants of the care cottage;
(5)
The relationship of the care cottage occupants to the owner-occupants
of the principal dwelling; and
(6)
An agreement (acceptable in form and content to the Attorney for
the Town) to remove the care cottage when it no longer qualifies as
such, and authorizing and consenting for the Town to enter on the
property and remove the care cottage if the owner fails to timely
remove it, such consent to be indicated by a signed statement in substantially
the form set forth below:
|
"By applying for a special use permit for the erection of a care cottage, the owner of the lot on which the care cottage is to be located hereby irrevocably consents for himself or herself, his or her heirs, successors and assigns, to the entry of the Town and its authorized officials and agents upon the property, after notice and an opportunity to be heard before the Board of Appeals, for the purpose of removing the care cottage in the event the authorization for maintenance of same as a permitted use is no longer met, and further agrees that any costs incurred by the Town in so removing the cottage shall become a lien upon the property on which the cottage was located, subject to collection in the manner set forth in § 250-37 of the Zoning Law of the Town."
|
D.
Use limitations for care cottages. No more than two persons, who
shall be related to each other by birth, marriage or adoption, shall
occupy a care cottage. Occupants shall be the same persons enumerated
on the application for the care cottage. All occupants shall be persons
55 years of age or older or persons with infirmities, and at least
one of such persons shall be a parent or grandparent, legal dependent,
or next of kin of one of the owner-occupants of the principal dwelling
on the lot where the care cottage is located.
E.
Dimensional limitations for care cottages. The lot must be large
enough to accommodate the care cottage, offer suitable space, and
provide access to utility lines. The care cottage shall not exceed
800 square feet in total habitable floor area. Notwithstanding any
other provisions of this chapter, the minimum size of the care cottage
may be reduced to no less than 500 square feet of enclosed floor area.
The care cottage shall not exceed one story in height and under no
circumstances shall the total height exceed 20 feet.
F.
Location requirements for care cottages. A care cottage shall be
located only on a lot where a one-family or two-family dwelling already
exists. No care cottage shall be located within the front yard of
any lot. No care cottage shall be permitted on a nonconforming lot.
No more than one care cottage shall be located on any lot. A care
cottage shall meet the setback requirements applicable to an accessory
building in the district in question.
G.
Building requirements for care cottages. A care cottage must be clearly
subordinate to the owner-occupied dwelling on the lot, and its exterior
appearance and character shall be in harmony with the existing principal
use. A care cottage shall be constructed in accordance with all applicable
laws, regulations, codes and ordinances, including the New York State
Uniform Fire Prevention and Building Code. If a care cottage is a
factory manufactured home or component, in addition to complying with
any other law it shall bear an insignia of approval or other equivalent,
legally recognized indicia of compliance with applicable laws issued
by the New York State Fire Prevention and Building Code Council or
the New York State Division of Housing and Community Renewal. A care
cottage shall be constructed so as to be easily removable. The foundation
of the care cottage shall be of easily removable materials so that
the lot may be restored to its original use and appearance after removal
with as little expense as possible. No permanent fencing, walls or
other structures shall be installed or modified that will hinder removal
of the care cottage from the lot. Adequate water supply and sewage
disposal arrangements must be provided, which may include connections
of such facilities to the principal dwelling. If a care cottage is
located in an area where electric, cable and/or telephone utilities
are underground, such utilities serving the care cottage shall also
be underground. It shall be disclosed at the time of application whether
the proposed inhabitants will have a car. If so, an adequate area
for parking shall be required for the expected number of cars. All
walkways from parking areas and from the principal dwelling unit to
the care cottage shall be suitable for wheelchair and stretcher access.
H.
Duration of use of care cottage; removal.
(1)
The special use permit pursuant to this § 250-37 shall be for a period of one year (unless earlier terminated as hereinafter set forth) and thereafter renewed annually by the Code Enforcement Officer upon receipt of an application for same, provided that the circumstances obtaining at the time of the original application have not changed in a manner that would preclude issuance of a new special use permit. Each special use permit issued pursuant to this § 250-37 shall by its terms terminate 120 days after the first to occur of: (a) the death or permanent change of residence of the original occupant or occupants of the care cottage; or (b) the date when the occupancy requirements set forth in this chapter are no longer met. Continuous absence from the care cottage of a person for a period of 180 consecutive days shall be considered a permanent change of residence.
(2)
No later than 120 days following the first to occur of either of the circumstances described in the preceding Subsection H(1) clause (a) or (b), the care cottage shall be removed and the site restored so that no visible evidence of the care cottage and its accessory elements remains. If the care cottage has not been removed by the end of such one-hundred-twenty-day period, in addition to all other applicable sanctions provided in this chapter for a violation of the same, actions to ensure removal (including removal and salvage) may be taken by the Town at the expense of the owner, with a lien imposed to secure repayment of the same. Such lien may be added to the real estate taxes applicable to the lot on which the care cottage is located and collected in the same way as any other tax payable to the Town. For good cause shown, upon application therefor, the Planning Board may extend the aforesaid one-hundred-twenty-day period one time, for a period of up to 120 additional days.
A.
Site plan approval required.
(1)
Closed-loop ground-source heat pump systems using a nontoxic and
food-grade fluid as a heat transfer fluid are permitted in all districts.
Installation of a closed-loop ground-source heat pump system requires
a building permit.
[Amended 2-10-2016 by L.L. No. 3-2016]
(2)
Open-loop ground-source heat pump systems, and closed-loop ground-source
heat pump systems utilizing a heat transfer fluid that is not a nontoxic
and food-grade liquid are prohibited in every district within the
Town.
B.
Location of ground-source heat pump system.
(1)
Closed-loop ground-source heat pump systems shall be located entirely
within the subject property or within appropriate easements secured
for this particular purpose. No part of any such system may be located
within public rights-of-way.
(2)
The heat-exchanger part of a closed-loop ground-source heat pump
system may be located within a pond or lake on the landowner's property,
subject to the requirements of New York State law and approval by
the Building Department. No portion of a closed-loop ground source-heat
pump system may be located within a stream or the Upper Delaware River.
[Amended 2-10-2016 by L.L. No. 3-2016]
(3)
All components of a closed-loop ground-source heat pump system, including
pumps, borings and loops, shall be set back at least five feet from
interior side lot lines and at least 10 feet from front and rear lot
lines.
(4)
Aboveground equipment associated with a closed-loop ground-source
heat pump system shall not be installed in the front yard of any lot
or the side yard of a corner lot adjacent to a public right-of-way
and shall meet all required setbacks for the applicable zoning district.
C.
Abandonment and removal of ground-source heat pump system. If a closed-loop
ground-source heat pump system remains nonfunctional or inoperative
for a continuous period of 12 months, the system shall be deemed to
be abandoned and shall constitute a public nuisance. The owner shall
remove such system in accordance with the following requirements:
(1)
The heat pump and any external mechanical equipment shall be removed.
(2)
Pipes and coils below the land surface shall be filled with grout
to displace the heat transfer fluid. (The heat transfer fluid shall
be captured and disposed of in accordance with applicable regulations,
and the top of the pipe, coil or boring shall be uncovered and grouted.)
(3)
Pond and similar ground-source heat pump systems shall be completely
removed from the body of water.
A.
Special use permit required for home-based businesses. Home-based
businesses shall require special use permits. The Planning Board shall
attach any and all necessary conditions to any such special use permit
issued in order to assure compliance with this chapter, and such conditions
may include, but without limitation, restrictions as to hours of operation,
water use restrictions, sewage disposal requirements, screening and
other conditions deemed appropriate by the Board.
B.
Special use permit not required for home-based occupations. Home-based
occupations do not change the neighborhood character and, therefore,
are a permitted accessory use not subject to the special use permit
process. If a home-based occupation expands to a point where the activity
is noticeable to the neighbors, it would then be classified as a home-based
business and subject to a special use permit.
[Amended 1-8-2014 by L.L.
No. 1-2014]
No new open storage of scrap or used metals. From and after
the effective date of this chapter, no land within the Town shall
be used for any activity, whether for profit or otherwise, which involves
the outdoor storage, burning, disassembling, dismantling, salvaging
or sorting of used building materials, scrap metal, plastic, paper,
rags, glass, broken appliances such as stoves, etc., refuse or other
debris (collectively, "junk"). Notwithstanding the foregoing, junk
may be temporarily staged or stored outdoors to facilitate collection
by a municipal or licensed carter, salvage dealer, or collector of
recyclable materials, for a period not to exceed seven days prior
to collection and removal of such materials.
A.
Commercial kennels require special use permit.
(1)
Commercial kennels shall require a special use permit. Upon application therefor, the Planning Board may approve the application for a special use permit under this § 250-41 if it finds that the proposed special use permit use, the proposed site plan, and the proposed buildings and structures will conform to all other provisions of this chapter and shall comply with the following requirements:
(a)
All applicable State Health Department regulations and regulatory
requirements of the New York State Agriculture and Markets Law; and
(b)
Such other or additional buffering, setback, noise control,
sanitation and other conditions as the Planning Board shall determine
are necessary to protect the character of the neighborhood and address
health and safety concerns.
(2)
The following regulations do not apply to New York State wildlife
animal rehabilitators.
B.
Minimum lot area. The following is the minimum required lot area
that must be maintained for the number of animals that may be kept
on a single lot:
[Amended 1-8-2014 by L.L.
No. 1-2014]
|
Number of Animals
|
Minimum Lot Area
| |
|---|---|---|
|
Up to 2 cats or dogs total
|
No minimum
| |
|
3 to 4 cats or dogs total
|
2 acres
| |
|
5 to 10 cats or dogs total
|
5 acres
| |
|
10 or more cats or dogs total
|
1/2 acre per animal
|
C.
Requirements applicable to all kennels. All buildings and structures
housing animals and all pens, runs and open areas where dogs are allowed
to be shall be located no closer than 300 feet from any lot or street
line and shall also be located no closer than 500 feet from any residential
dwelling that is located off the site. All dogs that present a potential
nuisance by barking or other noises shall be contained within buildings
or other areas between the hours of 8:00 p.m. and 8:00 a.m., local
time, each day, so that such noise is not discernible beyond 500 feet
of the building or the nearest off-site residential structure. In
all instances, all animals shall be adequately housed, fed, controlled,
fenced, inoculated, and otherwise maintained in a sanitary and safe
manner so as not to create a nuisance, health or safety hazard to
nearby properties, property owners or inhabitants of the neighborhood,
the animals themselves or other domestic animals.
D.
Operators of commercial kennels must obtain an annual kennel license.
Operators of commercial kennels must possess an annual kennel license
issued by the Town Clerk. No such license shall be issued unless and
until the Town Dog Control Officer has inspected the premises and
found that the facility meets the conditions of this chapter.
E.
Animal husbandry, generally.
(1)
The keeping of cows, poultry and other farm animals shall be permitted
in the Town only if:
(b)
The enclosure in which they are sheltered shall be kept in good
repair and be located no closer than 200 feet from any residence not
located on the same parcel of land;
(c)
The building or enclosure in which they are sheltered shall
be cleaned frequently of waste materials, and all manure generated
shall be disposed of in a manner that prevents pollution problems
such as odors, dust, leaching and runoff;
(d)
No pastures or buildings where animals are kept shall be located
within 100 feet from the edge of any watercourse or the edge of any
wetland as defined by state or federal law;
(e)
Any fowl allowed open range shall be confined to the property
by a bird-tight fence;
(g)
There is compliance with all applicable State Health Department
regulations and regulatory requirements of the New York State Agriculture
and Markets Law; and
(h)
All animals shall be adequately housed, fed, controlled, fenced,
inoculated, and otherwise maintained in a sanitary and safe manner
so as not to create a nuisance, health or safety hazard to nearby
properties, property owners or inhabitants of the neighborhood, the
animals themselves, or other domestic animals.
(2)
The density requirements set forth in the preceding Subsection E(1)(a) may be modified by the Planning Board upon issuance of a special use permit, as provided in the next sentence. The Planning Board may issue a special use permit for maintenance of animals in greater density than the maximum set forth above, provided that the applicant meets all conditions and satisfies generally applicable special use permit criteria, that the Planning Board finds that adequate open space and facilities for the proper care of such animals are available or will be established, and that maintenance of such animals will not interfere with the reasonable use and enjoyment of the property of others.
A.
Special permit required. Lesser scope mineral extraction shall require
a special use permit and site plan approval and may only be sited
as may be allowed by this chapter within the Rural Residential, Hillside,
Mongaup River Valley and the Black Forest Districts. No special use
permit may authorize lesser scope mineral extraction for a period
of time exceeding five years.
B.
Standards applicable to lesser scope mineral extraction (LSME). Upon application therefor, the Planning Board may approve the application for a special use permit under this § 250-42 if it finds that the proposed special use permit use, the proposed site plan, and the proposed buildings and structures will conform to all applicable provisions of this chapter, and if it shall find that the lesser scope mineral extraction (LSME) activities conform to the following standards and conditions:
(1)
That the location, character and scope of the LSME activity, including
access and any buildings, structures, facilities or processing equipment,
will reasonably safeguard the character of the neighborhood and surrounding
property values, will not hinder or discourage the appropriate development
and use of adjacent property and, when completed, will conform to
the appropriate and orderly development of the Town and neighborhood.
(2)
That the property on which the LSME activity is to be conducted is
of sufficient size and adequate dimension to permit the conduct of
the specific operation in a manner that will not be detrimental to
the neighborhood or adjacent property.
(3)
That reasonable provision will be made for screening the LSME activity
from view from adjacent streets and property, and that visual and
sonic buffer transition areas will be provided to protect adjacent
properties.
(4)
That the streets serving the proposed LSME activity are adequate
to carry prospective traffic, that provision will be made for entering
and leaving the property in such a manner that no undue hazard to
traffic or undue traffic congestion is created, and that adequate
off-street parking and loading facilities will be provided for conduct
of the operation.
(5)
That the specific LSME activity, both when in process and when completed,
will not result in creation of sharp declivities, pits or depressions,
soil erosion, sedimentation or pollution problems, or drainage, sewerage
or groundwater problems which would impair the reasonable restoration
of the property in accordance with this chapter.
(6)
That the proposed LSME activity, including without limitation associated
buildings, structures, facilities and processing equipment and hours
of operation, will make adequate provision for control of dust and
lighting and otherwise will not be detrimental to the public health,
safety or general welfare of the neighborhood and the community.
(7)
That slopes will not exceed one foot of rise for two feet of horizontal
distance or such lesser slope that the Board may specify as necessary
for the public health and safety, soil stability or for the reasonable
use of the property after completion of the operation.
(8)
That the proposed LSME activity, including site restoration, can
be completed within a period of five years or such lesser period as
may be coterminous with the expiration date of the special use permit.
(9)
There will be no excavation or grading or removal within 200 feet
of any property or street line, except excavation or removal that
would result in finished grades at or above the elevation of the adjoining
street or property.
(10)
That after excavation or grading or removal, the property will
be cleared of all debris within the period for which the special use
permit is granted.
(11)
Except in the location of wetlands and watercourses and exposed
ledge rock, that the top layer of arable soil for a depth of four
inches will be set aside and retained on the lot and will be respread
over the excavated or graded area as the work progresses, that a suitable
ground cover will be planted and grown to an erosion-resistant condition
upon the completion of the excavation or removal in accordance with
the approved contour lines, and that all such work will be completed
within the period for which the special use permit is granted.
(12)
If required by the Planning Board, that the area to be excavated
or a portion thereof be enclosed within a fence of such type, height
and location as the Board approves.
(13)
The establishment of a schedule setting forth the following:
(14)
The submission by the applicant of periodic reports, prepared
by and bearing the seal of a New York state licensed professional
engineer, showing the status and progress of the LSME activity.
C.
Application requirements. The application for issuance of a special use permit pursuant to this § 250-42 shall contain such information as the Planning Board may require to adequately review qualifications for granting the permit, but, at a minimum, shall contain:
(1)
The name, address and telephone number of the owner of the tract,
parcel or lot and the proposed operator or person to be responsible
for administration of the operation.
(2)
A completed environmental assessment form, long form, and other materials
intended to assist the Planning Board in making a determination of
significance pursuant to SEQRA.
(3)
Maps and plans, prepared by and bearing the seal of a land surveyor
licensed to practice in the State of New York, showing the following:
(a)
The location of the property and all streets and Tax Map parcels
within 500 feet of the property, the name and address of the owner
of each parcel as shown on current Tax Assessor's records, and the
current use of each parcel and the location of existing zoning district
boundaries and district codes;
(b)
The location and limits of the area on the property to be subject
to the LSME activity and any lines delimiting areas not to be disturbed;
(c)
Existing contour lines that are on the property within and within
500 feet of the area to be subject to the extraction operation and
proposed contour lines resulting from the intended extraction operation,
drawn to a scale of not less than 100 feet equals one inch and with
a contour interval not to exceed two feet;
(d)
Existing and proposed drainage on the property within and within
500 feet of the area to be subject to the extraction operation, the
principal measures proposed for soil erosion and sediment control
and water pollution control, and elements of a reclamation plan for
the area of the property to be subject to the LSME activity;
(e)
Existing wetlands and watercourses on the property within and
within 500 feet of the area to be subject to the extraction operation
and within 200 feet of the property;
(f)
Proposed truck access to the property, including roadway and
access improvements proposed;
(g)
The location of wooded areas, existing buildings and structures
and the location of any proposed buildings and structures on the property
and within 500 feet of the area to be subject to the extraction operation;
and
(h)
Any proposed temporary or permanent screening of the soil extraction
operation, such as by berms, fences and landscaping.
(4)
A report addressing the following, and such additional information
deemed appropriate by the Planning Board:
(a)
An evaluation of the proposed mining activity relative to surrounding
land uses, including an evaluation of potential environmental impacts,
including but not limited to noise, dust and visual impacts on surrounding
land uses;
(b)
The duration of the proposed operation through to site restoration,
proposed hours and days of operation, and the program for staging
the site preparation, excavation and restoration in time and geographic
sections;
(c)
The program of measures proposed to be undertaken for control
of noise, dust, soil erosion and sedimentation, water pollution, and
the mitigation of visual impacts, including outdoor illumination,
and elements of a reclamation plan for the area of the property to
be subject to the LSME activity;
(d)
An estimate of the number of vehicles expected to enter and
exit the property on a daily basis and at peak hours, and description
of any roadway capacity and safety improvement proposed on the streets
giving access to the property; and
(e)
A description of the nature and capacity of any extraction equipment
proposed to be established on the property.
D.
Performance guarantee for LSME activity. Prior to obtaining a zoning
permit or building permit to conduct LSME activities, the applicant
must provide a performance guarantee securing performance of the restoration
obligation set forth in the special use permit, in an amount approved
by the Planning Board but in no event less than $250,000. Additionally,
upon any modification of any special use permit relating to a LSME
facility, the Planning Board may adjust the required amount of the
performance guarantee to adequately cover increases in the anticipated
cost of restoration.
A.
Purpose. It has been determined by the Town Board that there are
persons who presently reside in the Town of Lumberland and others
who, in the coming years, will move to the Town and require and desire
housing accommodations of a certain size and cost that are not now
being constructed for their needs. It has further been determined
by the Town Board that manufactured home living has proved to be a
partial solution to the problem of housing people who cannot afford
or are not otherwise able to own a conventional single-family house
and who seek a viable alternative to apartment-type living. The Town
Board finds that elsewhere, throughout the nation and New York State,
manufactured home living has best been achieved when manufactured
homes are placed in well-planned, strictly regulated and maintained
manufactured home communities. It appears to the Town Board that such
manufactured home communities are desirable when they are organized,
planned, designed, constructed and maintained to serve the needs of
the persons who desire to reside in the Town in this type of residential
environment. However, if manufactured home communities are not properly
organized, planned, designed, constructed and maintained in a satisfactory
manner, with respect to adequate room, light, air, recreational and
other facilities, the presence and occupancy of manufactured homes
may adversely affect the health, safety and general welfare of the
occupants and the surrounding community. Thus, the Town Board deems
it advisable to ensure that any manufactured home community conforms
to the provisions set forth herein.[1]
B.
Manufactured home parks. From and after enactment of this chapter,
no manufactured home shall be installed, located or sited in the Town
except in a manufactured home park.
C.
Special use permit required. Manufactured home parks shall require
special use permits. Notwithstanding any provision hereof to the contrary,
new manufactured home parks may not be moved to or established in
or within 1,000 feet of the Historic Overlay District.
D.
Existing manufactured home parks. A manufactured home park which
is in lawful existence and use on the effective date of this chapter
may continue in use, provided that:
(1)
The owner or operator shall apply to the Code Enforcement Officer
for a permit for such existing manufactured home park no later than
60 days after the effective date of this chapter or annexation of
the park into the Town;
(2)
The application must be accompanied by the applicable fees required
by the Town;
(3)
Such application shall be accompanied by a suitable map of the area
showing existing manufactured home sites, in triplicate;
(4)
A map with each manufactured home lot consecutively numbered shall
be on file with the Chief of the Lumberland Fire Department;
(5)
Each manufactured home shall be equipped with a fire extinguisher
and smoke detector;
E.
Manufactured home park standards. Upon application therefor, the Planning Board may approve the application for a special use permit under this § 250-43 if it finds that the proposed special use permit use, the proposed site plan, and the proposed buildings and structures will conform to applicable provisions of this chapter, and comply with the following requirements:
(1)
Site. The manufactured home park shall be located on a well-drained
site where soil conditions are suitable and properly graded to ensure
rapid surface runoff and free at all times from stagnant pools of
water. The park shall be at least 20 acres in size, with 100 feet
or more feet of frontage on a public road, with 75 feet of setback
from said road.
(2)
Manufactured home lots. Each manufactured home park shall be marked
off into manufactured home lots in compliance with this chapter, and
each manufactured home lot shall be numbered.
(4)
Accessibility. Each manufactured home park and each manufactured
home within such park shall be easily accessible from an existing
public highway. Where a manufactured home park has more than six manufactured
homes, two points of entry and exit must be provided unless a large
improved turnaround area sufficient for emergency vehicles is provided
and maintained. Each manufactured home park shall have improved streets
for convenient access to all manufactured home lots and other facilities.
Streets shall be built to meet Town specifications. The street system
shall be designed to permit safe and convenient vehicle circulation
within the manufactured home park. Streets shall intersect at right
angles or nearly so or shall be of a design acceptable to the Planning
Board. All streets shall have two-way traffic. Except in cases of
emergency, no parking shall be allowed on such streets. All streets
shall remain as private roads, and maintenance shall be the manufactured
home park owner's responsibility, unless dedicated to and accepted
by the Town. Any such dedication and acceptance shall be at the sole
discretion of the Town.
(5)
Parking; storage units. Parking shall be provided in accordance with the requirements of § 250-32. Additional off-street parking spaces shall be provided for guest vehicles and delivery and service vehicles. Recreational vehicles, utility trailers, and commercial vehicles shall not be located on manufactured home lots, except for loading and unloading. The manufactured home park owner shall provide an individual storage building, between 24 and 100 square feet in size, on each manufactured home lot for use of the residents thereof. The manufactured home park owner may provide a dedicated parking area for recreational vehicles, utility trailers, and commercial vehicles, separate from the home lots.
(6)
Utilities and service facilities. All utilities within the park shall
be underground. No lot within a manufactured home park shall be occupied
unless and until the following utilities and service facilities shall
have been provided to such lot, all such utility and service facilities
to be in accordance with all applicable regulations and requirements
of the New York State Department of Health:
(a)
Water. An approved system of potable water for drinking and
domestic purposes shall be supplied to all manufactured homes and
facilities in the park. Each manufactured home lot shall be provided
with proper and sanitary water connections. Maintenance of the water
supply system within the park shall be the responsibility of the owner
of the manufactured home park.
(b)
Sewage line. An approved system for processing sewage shall
be maintained for all manufactured homes and facilities in the park.
Each manufactured home lot shall be provided with an approved sewer
line to receive the waste from such home. The sewer line shall be
connected to the sewer system so as not to present a health hazard.
Sewer connections in unoccupied lots shall be sealed to prevent the
emission of any odors. Maintenance of the sewer system, including
the lines, shall be the responsibility of the owner of the manufactured
home park.
(c)
Trash removal. Weekly disposal of garbage/rubbish and recyclable
materials shall be the responsibility of the manufactured home park
owner, and where dumpsters are utilized, they shall be attractively
fenced in, located for the convenience of the residents.
(d)
Lighting. The manufactured home park lighting shall be designed
to provide safe passage on the park streets.
(e)
Tow bars, skirting, stands. All manufactured home tow bars and
hitches which are designed to be removable at the time of installation
shall be removed when the dwelling is sited in a manner consistent
with the manufacturer's instructions. Each manufactured home shall
be fully skirted with durable building materials, which the owner
of the manufactured home shall thereafter maintain in good repair.
(f)
Recreation space. Adequate common space shall be provided for
recreational activities for residents of the manufactured home park.
(g)
Landscaping. The perimeter of the park shall be screened by
a one-hundred-inch landscaped and/or wooded visual buffer. For each
home site, space shall be provided for a minimum of one shade tree.
(h)
Stormwater. All stormwater shall be handled on site.
F.
Permitted uses. In any manufactured home park, no building or structure
shall be erected, altered or extended, and no land or building thereof
shall be used for any purpose or purposes other than occupancy of
manufactured homes as single-family dwellings and accessory uses.
A.
With respect to any use in whole or in part involving the on-site
maintenance or repair (mechanical or body work) or painting of motor
vehicles or components thereof for a fee or other consideration: All
repair and painting shall be performed only within enclosed buildings
or such other area that is not visible from any public right-of-way;
all parts and supplies, including without limitation parts to be discarded
or replaced and replacement parts to be installed, shall be stored
only within enclosed buildings; vehicles waiting to be repaired shall
not be stored or parked within any (open) yard, setback or buffer
area required by this chapter; and storage and disposal of all waste
materials shall be in accord with applicable laws and industry best
management practices.[1]
B.
With respect to any use in whole or in part involving the on-site
maintenance, repair (mechanical or body work) or painting of motor
vehicles or components thereof not for a fee or other consideration:
Any repairs or painting that cannot reasonably be completed within
any contiguous forty-eight-hour period shall be performed only within
enclosed buildings or such other area that is not visible from any
public right-of-way; all parts and supplies, including without limitation
parts to be discarded or replaced and replacement parts to be installed,
shall be stored only within enclosed buildings; vehicles waiting to
be repaired shall not be stored or parked within any (open) yard,
setback or buffer area required by this chapter; and storage and disposal
of all waste materials shall be in accord with applicable laws and
industry best management practices.
A.
Special use permit and major subdivision approval required.
(1)
Multifamily dwelling projects shall require special use permits and shall be considered major subdivisions in accordance with the Subdivision Regulations in Chapter 213, Subdivision of Land. This "major subdivision" classification shall apply to all subdivisions of property in connection with the development, and the approvals required shall be applied for by the applicant and acted upon by the Planning Board as if they were an application for a single subdivision. The application shall be processed on a schedule identical with the requirements for review and approval of other subdivision plans in accord with Chapter 213, Subdivision of Land.
(2)
The applicant shall submit all information required by Chapter 213, Subdivision of Land, together with the following additional data:
(a)
Application. An application for multifamily dwelling approval on a form to be supplied by the Town or, in the absence of such form, by a letter or brief from the applicant or his or her representative indicating how the development will specifically comply with or meet the criteria set forth in this chapter and in Chapter 213, Subdivision of Land.
(b)
Lot plan. A proposed plot plan prepared by a New York State
licensed professional engineer, New York State licensed and registered
architect, or New York State licensed land surveyor, showing:
[1]
All of the information required by Chapter 213, Subdivision of Land, together with the approximate (generally within five feet) locations of all buildings and improvements including parking areas, planting strips (if any), signs, storm drainage facilities, water supply, sewage treatment and collection systems;
[2]
The specific areas provided as open space in connection with the requirements of this chapter and this § 250-45;
[3]
Building layouts, floor plans and profiles indicating building
dimensions, number of and sizes of dwelling units, common ownership
or use areas (distinct from the open space areas referenced below),
lighting and such other information as shall be required to determine
compliance with the design standards contained herein, and any other
building standards which may be applicable in the Town of Lumberland;
and
[4]
Setbacks from property lines, improvements and other buildings.
(c)
Individually owned dwelling units. In the case of projects involving the sale of individual ownership interests in the dwelling units of the multifamily development (as opposed to singular ownership of the multifamily development with rental of the dwelling units), a plan and proposed agreement(s) for a unit owners' association (UOA) for the purpose of dedicating, in perpetuity, the use and/or ownership of the open space recreation area (defined below in Subsection F) and such other open space as is required by this chapter to the dwelling unit residents. The UOA must be established prior to approval of the final subdivision plat and must comply with all applicable provisions of state law. Membership in the UOA must be mandatory for each dwelling unit owner, who must be required by recorded covenants and restrictions to pay fees to the UOA for taxes, insurance and maintenance of common areas, open space recreation area, and other open space. The UOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities. The dwelling unit owners must be required to pay their pro rata share of these costs, and the assessment levied by the UOA must be able to become a lien on the dwelling unit owner's real property. The UOA must have the ability to adjust the assessment to meet changing needs for the operation and maintenance of the open space recreational area and other open space. The Town Attorney must find that the UOA documents satisfy these conditions and such other conditions as the Planning Board determines are necessary in order to provide for maintenance of the open space recreational area.
(d)
Dwelling units in common ownership and rented by owner of development.
In the case of projects involving the rental of individual dwelling
units (as compared to sale of ownership interests) in the multifamily
development, a plan and proposed agreement(s) for the purpose of conserving
the use and/or ownership of the open space recreation area and such
other open space as is required by this chapter.
(e)
Maintenance of units; common areas. A narrative description
of how responsibility for maintenance and care of the dwelling units,
common areas, open space recreational area and other open space will
be assured, together with a pro-forma operating budget of the organization
responsible for such maintenance expenses. This pro-forma operating
budget shall include line-item details for both long-term and ongoing
routine expenses for: (i) common area maintenance; (ii) maintenance
of the dwelling units (only in the case of rental units); (iii) maintenance
of all open space areas, including open space recreational areas.
The applicant shall also provide a narrative description of how the
applicant proposes to assure maintenance and care of the dwelling
units and common areas during any sales program. The Planning Board
may require additional temporary facilities to accommodate service
demands. Copies of all management agreements, maintenance contracts
and other instruments shall be provided in order for the Planning
Board to determine and ensure that long-term arrangements for all
such maintenance expenses have, in fact, been made by the applicant
and/or with the occupants.
(f)
Building permit application. A completed building permit application
on forms to be supplied by the Town.
B.
Preliminary plan review for multifamily developments. The Planning
Board shall act on the preliminary site plan and special use permit
application concurrently. The Planning Board shall also conduct an
environmental assessment pursuant to the New York State Environmental
Quality Review Act. No building permit shall be issued to the applicant
until all conditions attached to the approval of any preliminary plat
shall have been satisfied, and nothing herein shall be construed as
permitting the issuance of a building permit prior to preliminary
plat approval. This requirement notwithstanding, the building permit
approval shall, if granted, be valid for a period equal to that for
preliminary plat approval. If the preliminary plat shall be rejected,
then no building permit shall be granted.
C.
Construction of improvements.
(1)
Following preliminary plat approval, the applicant shall, in accordance with Chapter 213, Subdivision of Land, provide for the installation of required or proposed improvements, including but not limited to streets, parking areas, storm drainage facilities, open space recreational area facilities and lighting. Building improvements shall similarly be completed prior to the applicant's request for final plat approval; provided, however, that final plat approval may also be granted if a financial guarantee for completion of the improvements is provided upon terms satisfactory to the Town Attorney and pursuant to the applicable provisions of Chapter 213, Subdivision of Land. No certificate of occupancy (where the same is required) shall, however, be issued until such time as:
(2)
Complete final building plans shall also be submitted as part of
the final plat application.
D.
No transfers prior to final plan approval. No person shall sell,
transfer, lease or agree or enter into an agreement to sell or lease
any land and/or buildings or interests in the individual dwelling
units to be created or erect any building thereon except in accord
with the provisions of this chapter unless and until final plat approval
shall have been granted (unless the improvements shall have been guaranteed)
and the plat has been recorded in the Office of the Sullivan County
Clerk. Nothing herein shall preclude agreements for purchase and sale
or the taking of sales deposits in accordance with the requirements
of New York State law.
E.
Density calculations for multifamily developments. Multifamily dwelling
density shall not exceed the number of dwelling units per acre which
would otherwise be permitted in the zoning district if the parcel
on which the units are proposed to be constructed were to be developed
for single-family residential use. The total size of the land area
available for purposes of making the determination of allowed dwelling
units shall be calculated by taking the total acreage of the development
and deducting the area of the following:
(1)
Land contained within public rights-of-way;
(2)
Land contained within the rights-of-way of existing or proposed private
streets (where formal rights-of-way are not involved, the width of
the street shall be assumed as 50 feet wide);
(3)
Land contained with the boundaries of easements previously granted
to public utility corporations providing electrical or telephone service,
and any petroleum products pipeline right-of-way, and any railroad
right-of-way; and
(4)
All wetlands, floodplains, slopes of fifteen-percent or greater grade,
water bodies and other undevelopable areas.
F.
Open space requirements for multifamily developments. In order to
conserve sensitive or exceptional features of the multifamily development
site and to afford adequate recreational facilities for the development's
residents, the subdivision plat shall portray open space and recreational
areas and facilities that provide conservation and sufficient passive
and active recreational opportunities.
(1)
Open space requirement. No less than 50% of the land area of the proposed multifamily development [excluding any lands in a holding zone and designated "for future development" in accordance with Subsection F(3)] shall be preserved as open space. Under no circumstance shall fees in lieu of the dedication be substituted for such open space. Land designated as open space or open space recreation area shall not be used to meet open space or recreation area requirements for any other developments. Open space land may include sensitive or exceptional natural features of the site.
(2)
Open space recreational area requirement. No less than 50% of the
area of such open space shall be dedicated to recreational areas for
the sole benefit and enjoyment of the owners and/or occupants of the
multifamily development (referred to as "open space recreational area").
Open space recreational area shall be usable for active recreational
activities and may contain facilities such as pedestrian paths, garden
plots, playgrounds, and sports fields. Open space recreational area
shall not include wetlands, quarries, slopes over 15% in grade, water
bodies or acreage used for improvements, such as storm drainage facilities
or sewage effluent disposal areas. Such open space recreational area
(as distinct from the remainder of the open space) shall be immediately
adjacent (part of the same parcel and contiguous) to the proposed
dwelling units and shall be freely and safely accessible to all residents
of the multifamily development. As part of the open space recreational
area requirement, multifamily developments of 50 dwelling units or
more must provide 0.5 acre of playground area per 50 dwelling units.
(3)
Reservation of land for future development. Land designated as open
space and all lands designated as open space recreational area on
the subdivision plat shall be permanently maintained as open space
and may not be separately sold, used to meet open space or recreation
area requirements for other developments, subdivided or developed;
provided, however, that the applicant may designate a holding zone
which is reserved for future development pursuant to density and other
zoning requirements as they presently exist, provided such lands are
specifically defined and indicated as "reserved for future development"
on all plats. The land within such holding zone and designated as
"reserved for future development" may not be included in calculating
permitted density for the proposed development. The fact that any
land has been designated as "reserved for future development" shall
in no way be construed as granting or reserving to the developer,
applicant or any future developer or future applicant any rights or
privileges to develop on the basis of a preapproved plan and only
acts to preserve the density and other zoning requirements as they
exist as of the time of the final plat approval.
(4)
Permanent protection. Prior to final Planning Board approval, all
areas of a multifamily development that are designated as open space
and open space recreational area must be protected from development
by permanent conservation easements. In the event that the dwelling
units of the multifamily development are rented to the occupants and
the dwelling units are not each in separate ownership, there may be
two separate conservation easements granted, one for open space and
the second for the open space recreational area. All such conservation
easements shall restrict development of the open space land and allow
use only for recreation, protection of natural resources, or similar
conservation purposes and shall prohibit residential, industrial or
commercial use of the open space. The conservation easement shall
be granted to a private conservation organization acceptable to the
Town and that is a bona fide conservation organization as defined
in Article 49 of the New York State Environmental Conservation Law
or to a governmental body acceptable to the Planning Board.
(5)
Notations on plat or site plan. All land areas designated as open
space recreational area and all land areas designated as open space
shall be clearly delineated and labeled on the final subdivision plat
and/or site plan as to use, ownership, management, method of preservation
and the rights of the residents of dwelling units in such multifamily
development to such land. The plat and/or site plan shall clearly
show that all such open space recreational area lands and all such
open space land is permanently preserved for open space purposes and
shall contain a notation indicating the deed reference of any conservation
easement or deed restrictions required to be filed to implement such
restrictions. All lands designated as "reserved for future development"
shall also be clearly delineated and labeled on the final subdivision
plat and/or site plan and shall state that the reservation of such
lands does not constitute a preapproved plan for development and merely
acts to preserve the zoning density and other zoning requirements
in effect as of the time that final approval is granted.
(6)
Ownership of the open space.
(a)
The fee ownership of the open space and the open space recreational
area [the ownership of the land subject to the conservation easement(s)],
as well as identification of those responsible for any maintenance
must be determined before final Planning Board approval. In the case
of individual ownership of the dwelling units, the open space land
and the open space recreational area may be owned by the UOA, transferred
to a nonprofit organization acceptable to the Planning Board or held
in such other form of ownership as the Planning Board finds has adequate
financial resources to properly manage the open space land and to
protect its conservation and recreational values. In the case of common
ownership of the multifamily development (dwelling units are rented
out):
[1]
The open space recreational area shall be dedicated to a nonprofit
organization acceptable to the Planning Board or held in such other
form of ownership as the Planning Board finds adequate to properly
manage the open space land and to protect its conservation value;
and
[2]
The open space lands that are not part of the open space recreational
area may be retained in private ownership by the applicant. [Note:
This provision is intended to allow the applicant to retain ownership
and use of the open space that is not dedicated as open space recreational
area for private use (for hunting, fishing, etc.) on the condition
that the permanent conservation of the open space is ensured by a
conservation easement.]
(b)
No lots shall be sold nor shall any building be occupied until
and unless such conservation arrangements or agreements have been
finalized and recorded.
(7)
Maintenance. Standards for maintenance of the open space and the
open space recreational area shall be established prior to final subdivision
plat approval. Such standards shall be enforceable by the Town against
the owner of such open space land to ensure that the open space land
and/or the open space recreational area is not used for storage or
dumping of refuse, junk or other offensive or hazardous materials.
G.
Sewage requirements for multifamily developments. All multifamily
developments shall be served with central sewage facilities and central
water supplies. Effluent disposal areas shall also be subject to the
setback requirements applicable to other multifamily buildings and
structures as a minimum.
H.
Design criteria. The following design criteria shall apply to multifamily
development subdivision:
(1)
There shall be no more than eight dwelling units in each multifamily
building.
(2)
No structure shall be constructed within 50 feet of the edge of any
access road to or through the development within 10 feet of the edge
of any parking area.
(3)
Access roads through the multifamily development shall comply with Town street requirements as specified in Chapter 213, Subdivision of Land, and by the Highway Superintendent, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.
(4)
Where a property line is not wooded, a planting strip of 50 feet
in width shall be required to buffer adjoining property owners and
ensure privacy. Similar buffering of areas adjoining county and state
highways shall be required. A landscaping plan shall also be prepared
and submitted to the Planning Board for approval.
(5)
Multifamily developments shall be subject to the stormwater management requirements of Chapter 213, Subdivision of Land, and facilities shall be designed to accommodate storms of a twenty-five-year frequency unless a more stringent standard shall be recommended by the Town Engineer. The general performance standard shall be that the amount of uncontrolled stormwater leaving the site along any property line after development may not exceed that estimated for the site prior to development. In instances where stormwater facilities are impractical for engineering reasons, the Town Engineer may modify this standard as it applies to a particular project but shall provide for the maximum practical reduction in flow which can be achieved under the circumstances.
(6)
All electrical and other utilities shall be placed underground and
buried to a depth determined by the Town Engineer as sufficient for
safety purposes.
I.
Management of multifamily development.
(1)
Maintenance of a multifamily development shall be vested in:
(a)
A UOA or other legal entity organized prior to the offering
of the first unit for occupancy;
(b)
A manager, who may be the applicant or a person designated by
the applicant before the applicant offers a unit for occupancy; or
(c)
The owners of the units themselves if the total number of dwelling
units within the development is no more than five.
(2)
If the applicant shall opt to manage the project or designate a manager,
the preliminary application shall include financial statements, a
description of previous management experience, and other data sufficient
for the Planning Board to ascertain the financial responsibility of
the proposed manager.
J.
Maintenance of common areas, units. The UOA or the manager, as the
case may be, shall be responsible for maintenance, repair and replacement
of the common areas of the development including buildings and, if
applicable, the furniture, fixtures and equipment within the units.
The project instruments shall specify the expenses that the maintenance
organization may incur and collect from purchasers as a maintenance
fee and secure maintenance of the project and enforcement of applicable
covenants and restrictions in perpetuity. The Planning Board may require
that a certified public accountant review such financial data for
purposes of determining that proposed fees are, in fact, adequate
to secure maintenance on a continuing basis.[1]
K.
Performance guarantee for multifamily development. Any applicant
who proposes to construct multifamily dwellings and convey the common
elements of said multifamily dwelling project, including open space
recreational areas and other open space, to a UOA therein shall submit
a performance guarantee ensuring long-term maintenance and repair
of said common elements. Such performance guarantee shall be in form
and content acceptable to the Attorney for the Town, and in any event
shall:
(1)
Be required for a period of not less than 15 years from the date
of the final approval of said multifamily dwelling-transient use by
the Town; and
(2)
Be in an amount equal to the amount collected or to be collected
for long-term maintenance (as indicated in the budget referenced above)
by the applicant or other responsible parties for each purchaser during
the first year after sales to such purchases begin, multiplied by
the total number of expected purchasers.
L.
Certification of compliance with New York State statutes. If the
multifamily development shall be subject to any New York State statutes
governing the sale of real property used for multifamily occupancy,
the applicant shall certify as to his or her compliance with said
statutes. To the extent the provisions of such statutes conflict with
this subsection, such certification shall suffice as to conformance
with these requirements.
M.
Conversions to multifamily development. Conversions of motels, hotels
or other existing structures to multifamily dwelling use, regardless
of whether such conversions involve structural alterations, shall
be considered subdivisions and, moreover, be subject to the provisions
of this chapter. If the proposed project does involve structural alterations,
the preliminary plat shall include a certification of a New York State
licensed and registered architect or New York State licensed professional
engineer to the effect that the existing building is structurally
sound and that the proposed conversion will not impair structural
soundness. However, the conversion of an existing single-family detached
dwelling or single-family semidetached dwelling into not more than
two residential units shall be exempt from these requirements, unless
such units are intended to be a condominium. This shall not, however,
exempt an owner from any requirements of the State Building Code or
other portions of this chapter as they may pertain to such activities.
[Amended 1-8-2014 by L.L. No. 1-2014; 12-9-2020 by L.L. No. 2-2020]
A.
Purpose. The purpose of this section is to provide standards to facilitate
the development and operation of solar energy systems in the Town
of Lumberland, subject to the following process and other reasonable
conditions that will protect the public health, safety and welfare.
B.
Applicability. The requirements of this section shall apply to all
solar energy systems proposed, operated, modified, or constructed
after the effective date of this section, but excluding general maintenance
and repair of solar energy systems constructed prior to the effective
date of this section and building-integrated photovoltaic systems.
C.
QUALIFIED SOLAR INSTALLER
SOLAR ACCESS AREA
SOLAR ARRAY
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ENERGY SYSTEM
(1)
(2)
(3)
(4)
SOLAR PANEL
SOLAR THERMAL SYSTEMS
Special definitions. The following definitions are applicable to § 250-46:
A person listed as an eligible photovoltaic installer by
the New York State Energy Research and Development Authority (NYSERDA)
or who is listed as a certified solar installer by the North American
Board of Certified Energy Practitioners (NABCEP) shall be deemed to
be a qualified solar installer for the purpose of this section.
A space open to the sun, mostly clear of overhangs or shade
that allows the use of solar energy systems on real property.
A group of multiple solar panels or modules linked into a
single unit or system.
A photovoltaic cell, panel, solar array, or other device
that converts solar radiation into electricity or transfers solar
energy to air, water, or another storage media.
A written easement recorded pursuant to New York Real Property
Law § 335-b, the purpose of which is to procure the right
to receive direct sunlight across real property to operate a solar
energy system.
A combination of components that utilize solar radiation
(direct, diffuse, or reflected) to produce energy designed to provide
heating, cooling, hot water and/or electricity, including, without
limitation, solar panels and facilities, solar arrays, solar collectors,
and solar thermal systems and facilities. Solar energy systems shall
be classified as follows:
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar photovoltaic or solar thermal system that is mounted on the roof of the building to which it provides heating, cooling, hot water and/or electricity. This definition shall not prohibit the sale of excess electricity pursuant to state-authorized net metering regulations.
SMALL-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system consisting of solar panels that are properly secured by anchors or ballasts to the ground and attached to poles or other mounting system, detached from any other structure, for the primary purpose of producing heating, cooling, hot water and/or electricity for on-site consumption or use at the existing residence, farm, business or commercial establishment; notwithstanding the foregoing, this definition shall not prohibit the sale of excess electricity pursuant to state-authorized net metering regulations.
LARGE-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system consisting of solar panels that are properly secured by anchors or ballasts to the ground and attached to poles or other mounting system, detached from any other structure, for the primary purpose of producing electricity for off-site sale or consumption.
BUILDING INTEGRATED PHOTOVOLTAIC SYSTEMA combination of photovoltaic building components integrated into any building envelope system, such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
Systems that collect and convert solar radiation into forms
of energy for water heating, space heating, or space cooling.
D.
General provisions.
(1)
Qualified installations. No solar energy system may be constructed,
installed, replaced or modified except by a qualified solar installer,
provided, however, that homeowners may install their own solar energy
system. Any system installed by a qualified installer and/or homeowner
must be inspected and approved by a qualified third-party electrical
inspector approved by the Town of Lumberland and, if connected to
the local electric utility system grid, approved by the appropriate
utility.
(2)
Government approval. The owner or operator of a solar energy system
shall establish to the satisfaction of the Town Code Enforcement Officer
(for a roof-mounted solar energy system or a small-scale ground-mounted
solar energy system) or the Town of Lumberland Planning Board (for
a large-scale ground-mounted solar energy system) that all applicable
governmental agencies with jurisdiction over the installation and
operation of such solar energy system have provided all permissions,
approvals and required inspections necessary to install and operate
such system.
(3)
Limitations of approvals.
(a)
Nothing in this § 250-46 shall be deemed to allow any solar energy system owner or operator the right to remove any trees, vegetation or other obstruction located on any real property over which the owner or operator does not have fee title or a solar easement.
(b)
Nothing in this § 250-46 shall be deemed a guarantee against any future construction or improvements or Town approvals for future construction or improvements that may impede the sunlight flow to any solar energy system.
(c)
It shall be the sole responsibility of the solar energy system
owner or operator to acquire any necessary solar easements or other
appropriate land use rights in order to provide for and maintain appropriate
solar access areas.
(4)
Location. The location of small-scale or large-scale ground-mounted
solar energy systems shall be one demonstrably suitable and sized
for such use, including, but not limited to, i) the proper drainage
and provisions for stormwater control such that the amount of water
leaving the site after development shall not be greater than prior
to development, and ii) the ability to adequately buffer such use
from any adjacent residential uses.
(5)
Abandonment, cessation of operations and decommissioning.
(a)
Abandonment or cessation; order to remove and restore. Small-
and large-scale ground-mounted solar energy systems shall be considered
abandoned or to have ceased operations if there has been no electrical
energy generation for three consecutive months or longer; provided,
however, that applications for extensions of time may be approved
by the Town Code Enforcement Officer for a period of up to an additional
three months. If the owner or operator determines to abandon or cease
operations, the owner or operator shall so notify the Town Code Enforcement
Officer in writing. Failure to provide the notice required herein
shall be a violation of this chapter. Whether or not the notice required
by this subsection is received by the Town Code Enforcement Officer,
if the Town Code Enforcement Officer has reason to believe that such
system has been abandoned or ceased operation, he/she may issue an
order that the owner or operator of the system shall remove the system,
including all equipment, mounts, solar arrays and solar collectors,
and restore the property by no later than 90 days after the date of
issuance of the order to undertake such removal. Service of the order
shall be by certified mail at the address provided by the applicant
to the Town Code Enforcement Officer.
(b)
Investigation and report. When, in the opinion of the Town Code Enforcement Officer, any small- or large-scale ground-mounted solar energy system shall have been abandoned or ceased operations in accordance with § 250-46D(5)(a), and the owner/operator thereof fail to comply with an order to remove and restore as set forth in § 250-46D(5)(a), the Town Engineer, in conjunction with the Code Enforcement Officer, shall make a formal inspection thereof and report, in writing, to the Town Board his/her findings and recommendations in regard to its removal. The Town Attorney shall provide a judgment and lien search for the parcel on which the solar energy system is sited to the Town Board.
(c)
Order for hearing on removal and restoration; assessment of costs; time limits. The Town Board shall thereupon consider the report and, if it finds that such small- or large-scale ground-mounted solar energy system has been abandoned or ceased to operate as set forth in § 250-46D(5)(a), it shall by resolution order removal and restoration and shall further order that a hearing be held before the Town Board within 30 days after issuing the resolution and on at least five days' notice to the property owner and/or owner/operator of the small- or large-scale solar energy system or persons having an interest therein. Such hearing shall be to determine whether the order to remove and restore shall be affirmed, modified or vacated and, in the event of affirmance or modification, to assess all costs and expenses incurred by the Town in the inspection and report, and for removal of the solar energy system and restoration of the property against the land on which such small- or large-scale ground-mounted solar energy system is located and/or, for a large-scale ground-mounted solar energy system, the expenses may be assessed against any surety held by the Town. The order shall also provide that the removal of the small- or large-scale ground-mounted solar energy system and restoration of the property shall commence within 30 days after service of notice and shall be completed within 60 days thereafter.
(d)
Contents of notice. The notice shall contain the following statements:
[1]
The name of the owner or person in possession of the underlying
parcel of property as it appears in tax and deed records;
[2]
The name of any owner/operator of a large-scale ground-mounted solar energy system as set forth in a filed decommissioning plan, as required by § 250-46G(5);
[3]
A brief description of the small- or large-scale ground-mounted
solar energy system as well as the underlying parcel of property upon
which it is situated;
[4]
A description of the basis of the finding that the small- or
large-scale ground-mounted solar energy system has been abandoned
or ceased operation;
[5]
An order requiring that the small- or large-scale ground-mounted
solar energy system be removed and property restored;
[6]
That the removal of such small- or large-scale ground-mounted
solar energy system and property restoration shall commence within
30 days of the service of notice and shall be completed within 60
days thereafter;
[7]
The time and date of a hearing to be held before the Town Board,
at which hearing the property owner and/or owner/operator of the small-
or large-scale ground-mounted solar energy system shall have the right
to contest the order and findings of the Town Board; and
[8]
That in the event that such property owner and/or owner/operator
of the small- or large-scale ground-mounted solar energy system, or
other person having an interest in the premises, shall fail to contest
such order and fail to comply with the same, the Town Board will order
the removal of such system and property restoration by the Town. For
small-scale ground-mounted solar energy systems, the Town Board will
further order that all costs and expenses incurred in such removal
and restoration be assessed against the land on which the system is
located in the same manner as general Town taxes. For large-scale
ground-mounted solar energy systems, the Town Board will order that
all costs and expenses incurred in such removal and restoration be
assessed against any surety held by the Town and, in the event that
the costs and expenses of removal and restoration are not satisfied
by the surety held, that such unsatisfied costs and expenses be assessed
against the land on which such system is located in the same manner
as general Town taxes.
(e)
Service and filing of notice.
[1]
A copy of the notice shall be personally served upon the local
agent who has been designated by the property owner and/or owner/operator
of the small- or large-scale ground-mounted solar energy system. Any
identified executors, legal representatives, agents, lessees or other
person(s) having a vested or contingent interest in the premises as
shown by the Collector of Taxes and/or the office of the Sullivan
County Clerk or Sullivan County Treasurer and/or as set forth in any
filed decommissioning plan shall be served a copy of the notice by
regular mail and certified mail, return receipt requested.
[2]
A copy of the notice shall also be personally served upon any
adult person residing in or occupying the premises and by securely
affixing a copy of the notice upon the small- or large-scale ground-mounted
solar energy system. The notice shall also be published in a newspaper
of general circulation designated by the Town for the publication
of such notices.
[3]
A copy of the notice shall be filed in the Sullivan County Clerk's
office, in the same manner as a notice of pendency pursuant to Article
65 of the Civil Practice Law and Rules, and shall have the same effect
as a notice of pendency as therein provided. A notice so filed shall
be effective for a period of one year from the date of filing. It
may be vacated, however, upon an order of a judge or justice of a
court of record or upon the consent of the Town Attorney. When vacated,
the Sullivan County Clerk shall mark such notice and any record or
docket thereof as canceled of record upon the presentation and filing
of such consent or a certified copy of such order.
(f)
Hearing. The Town Board shall conduct the public hearing at
the time and place specified in the notice to remove and restore.
It may adjourn the hearing from time to time until all interested
parties are heard and until the hearing is completed. At the conclusion
of the hearing, the Town Board shall determine by resolution to revoke
the order to remove and restore, modify the order or continue and
affirm the order and direct the owner or other persons to complete
the work within the time specified by the Town Board.
(g)
Failure to comply. In the event of the refusal, failure or neglect
of the owner or person so notified to comply with the resolution of
the Town Board within the time specified in the resolution and after
the public hearing, the Town Board shall provide that such small-
or large-scale ground-mounted solar energy system be removed and property
restored by Town employees or by independent contractors. Except for
emergency cases as herein provided, any contract for removal and restoration
shall be subject to Town of Lumberland procurement guidelines.
(h)
Assessment of expenses. All expenses incurred by the Town in
connection with the proceedings to remove a small-scale ground-mounted
solar energy system and restore the property, including the costs
of actual removal, shall be assessed against the land on which such
system is located and shall be levied and collected in the same manner
as provided in Article 15 of the Town Law for the levy and ad valorem
levy. All expenses incurred by the Town in connection with the proceedings
to remove a large-scale mounted solar energy system and restore the
property, including the costs of actual removal, shall be assessed
against any surety held by the Town and, should the expenses not be
satisfied by the surety, any unsatisfied expenses shall be assessed
against the land on which such system is located and shall be levied
and collected in the same manner as provided in Article 15 of the
Town Law for the levy and ad valorem levy.
(i)
Emergency cases. Where it reasonably appears that there is a clear and imminent danger to the life, safety or health of any person or property, unless a small- or large-scale ground-mounted solar energy system is removed and the property restored, the Town Board may, by resolution, authorize the Town Code Enforcement Officer, in consultation with the Town Engineer, to immediately take such actions that are necessary to mitigate or eliminate the danger. The expenses of such removal and restoration shall be a charge against the land on which it is located and/or surety and shall be assessed, levied and collected as provided in § 250-46G(5)(f) and § 250-46D(5)(h).
(j)
Additional requirements. Additional abandonment and decommissioning requirements shall apply to large-scale ground-mounted solar energy systems as set forth at § 250-46G(5).
(6)
New York State Real Property Tax Law provisions. The Town elects not to opt out of the tax exemption provisions of § 487 of the New York Real Property Tax Law, but reserves its right to do so in the future. Owners, operators and landowners who intend to construct or operate a solar energy system will be subject to Article VI of Chapter 219, Taxation, of the Town Code.
(7)
Expert and professional fees. Any reasonable expert or professional fees incurred by the Town Board, Town Planning Board, Town Code Enforcement Officer or Town Zoning Board of Appeals that are related to i) the review of any application for a building permit, special use permit or site plan review for a solar energy system or ii) the monitoring or inspection of any solar energy system shall be paid by the applicant as provided by Town Code § 250-57.
E.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems are permitted in all zoning districts as an accessory use, provided such systems comply with the requirements of § 250-46D(1), (2), (3) and (7) and this § 250-46E.
(2)
Roof-mounted solar energy systems shall include such systems mounted
on the top of a structure either as a flush-mounted system or as solar
panels fixed to frames located on a roof and mounted at an optimal
angle towards the sun.
(3)
Roof-mounted solar energy systems may be mounted on a principal and/or
accessory structure and shall not be more than three feet higher than
the highest point of the roof of the structure to which such system
is mounted.
(4)
An applicant for a roof-mounted solar energy system shall comply
with the permit application requirements of the Town.
F.
Small-scale ground-mounted solar energy systems.
(1)
Small-scale ground-mounted solar energy systems are permitted in all zoning districts as an accessory use, provided such systems comply with the requirements of § 250-46D(1), (2), (3), and (7) and this § 250-46F. Notwithstanding this classification, such accessory uses may be placed on a lot separate from the principal use they serve, provided such lots are adjacent and owned by the same party and further provided that a special use permit is issued by the Planning Board, pursuant to § 250-12H for the small-scale ground-mounted solar energy system.
(2)
All small-scale ground-mounted solar energy systems shall not exceed
a height of 25 feet, shall not be located in the front yard and shall
comply with the bulk requirements for a dwelling in that zoning district.
All height measurements shall be calculated when the ground-mounted
solar energy system is oriented at maximum tilt. The total surface
area covered by the solar panels, regardless of the mounted angle,
shall be included in determining lot coverage.
(3)
All small-scale ground-mounted solar energy systems are subject to
site plan review and approval by the Town Code Enforcement Officer,
who may, in his/her discretion, refer the site plan review to the
Town Planning Board for its review and approval. Notwithstanding the
foregoing, small-scale ground-mounted solar energy systems to be located
on farmland, as defined in the State Agriculture and Markets Law,
shall be subject solely to site plan review and approval by the Town
Code Enforcement Officer and shall not be subject to review and approval
by the Town Planning Board. An applicant for a small-scale ground-mounted
solar energy system shall comply with the permit application requirements
of the Town. A small-scale ground-mounted solar energy system and
related structures and equipment must be adequately screened, if necessary,
from adjacent properties.
G.
Large-scale ground-mounted solar energy systems.
(1)
General application. Large-scale ground-mounted solar energy systems are permitted in the Rural Residential, Mongaup River Valley and Hillside Zoning Districts as a special use subject to the requirements of this § 250-46D and G. The application for a special use permit shall also include the following:
(a)
An operation and maintenance plan that shall include measures
for maintaining safe access to the installation, general procedures
for operation and maintenance of the solar energy system, and procedures
for property upkeep;
(b)
If the property of the proposed large-scale ground-mounted solar
energy system project is to be leased, legal consent among all parties
specifying the use(s) of the land for the duration of the project,
including easements and other agreements, to include, but not be limited
to, any lease, shall be submitted to the Town Planning Board; and
(c)
A full environmental assessment form, as provided by the New
York State Environmental Quality Review Act (SEQRA).
(2)
Special use and site plan requirements. Large-scale ground-mounted solar energy systems require a special use permit issued in accordance with Town Code § 250-69 and a site plan prepared and approved in accordance with Town Code § 250-70. Site plans must include those applicable items set forth in the Town Code §§ 250-69 and 250-70, as well as the following:
(a)
A description of the solar energy system and the technical,
economic and other reasons for the proposed location and design;
(b)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and overcurrent devices or such other diagrams
or details as required by the Town Engineer;
(c)
All proposed changes to the landscape of the site, including,
without limitation, grading, vegetation clearing and planting, exterior
lighting, screening vegetation or structures;
(d)
A confirmation that the solar energy system complies with all
applicable local, state and federal laws and regulations;
(e)
Equipment specification sheets of the major system components
to be used, including, without limitation, photovoltaic panels, mounting
systems, batteries, and inverters;
(f)
Location of the nearest residential structures on the site and
on any adjacent site, and the distance from the nearest proposed solar
energy system equipment to any such residential structures;
(g)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board;
(h)
A construction schedule describing commencement and completion
dates, including a traffic analysis with a description of the routes
to be used by construction and delivery vehicles;
(i)
A list of real property owners located within 500 feet of the
property line of the proposed site and the mailing address of each
real property owner; and
(j)
Compliance with the provisions of Town Code § 310-39.
(3)
Minimum design standards. Large-scale ground-mounted solar energy
systems shall conform to the following minimum standards:
(a)
The system shall comply with minimum lot size, as applies to
residential structures within the zoning district where the solar
energy system is sited. The system shall be set back 50 feet from
any property line. Lot clearing shall not exceed 30%. Lot coverage
shall not exceed 30%. The maximum height of the system shall not exceed
25 feet. The total surface area covered by the solar panels, regardless
of the mounted angle, shall be included in determining lot coverage;
(b)
All large-scale ground-mounted solar energy systems shall not
exceed a height of 25 feet. All height measurements shall be calculated
when the ground-mounted solar energy system is oriented at maximum
tilt;
(c)
All large-scale ground-mounted solar energy systems shall be
enclosed by fencing to prevent unauthorized access. The type, height
and color of fencing shall be approved by the Town Planning Board.
The fencing and the solar energy system may be further screened by
year-round landscaping to avoid adverse aesthetic impacts as required
by the Town Planning Board;
(e)
There shall be no signs posted on the real property of the large-scale ground-mounted solar energy system except announcement signs, such as "no trespassing," or warning signs, such as "high voltage" or "danger." Notwithstanding the foregoing, a sign shall be posted at the entrance of the parcel in question that identifies the owner and operator of the solar energy system and provides an emergency telephone number where the owner and/or operator can be reached on a twenty-four-hour basis. In addition, a clearly visible warning sign denoting high voltage must be placed at the base of all pad-mounted transformers and substations. All signs are subject to the requirements of Town Code § 250-33.
(4)
Additional conditions.
(a)
The large-scale ground-mounted solar energy system owner or
operator shall provide a copy of the project summary, electrical schematic
and site plan to the local fire department. The owner or operator
shall cooperate with local emergency services in developing an emergency
response plan and provide proof of approval thereof. All means of
shutting down the solar system shall be clearly marked, and instructions
shall be provided to the local fire department. The owner or operator
shall identify a person responsible for responding to safety inquiries
throughout the life of the system.
(b)
The owner or operator of a large-scale ground-mounted solar
energy system shall maintain it in good condition and in accordance
with industry standards. Maintenance shall include, but not be limited
to, painting, structural repairs, mowing, trimming and landscape maintenance,
and such examinations and repairs as necessary to ensure the integrity
of all equipment and structures. The owner or operator shall maintain
and keep in good repair all approved security measures that govern
the site, including, but not limited to, fence painting and repair,
lighting and any alarm systems. Site access shall be maintained at
a level acceptable to the local fire department.
(c)
Use of herbicides at the parcel in question to control plant
growth in and around the large-scale ground-mounted solar energy system
and its components and equipment shall be prohibited without the express
prior written authorization of the Town Planning Board.
(5)
Abandonment and decommissioning and restoration of land. All applications for a large-scale ground-mounted solar system shall be accompanied by a decommissioning plan, which includes restoring the property to its original state to be implemented upon abandonment or cessation and/or in conjunction with removal of the large-scale ground-mounted solar energy system. Compliance with this plan shall be made a condition of the issuance of a special use permit under this § 250-46G. The decommissioning plan must specify that after the large-scale ground-mounted solar energy system has been abandoned, ceased operations or can no longer be used, it shall be removed by the applicant or any subsequent owner, and the property shall be restored. Prior to removal of such solar energy system, a permit for removal activities shall be obtained from the Town Code Enforcement Officer. The decommissioning plan shall include details on how the applicant plans to address the following requirements:
(a)
The manner in which the owner, operator, or its successors in interest will remove the large-scale ground-mounted solar energy system in accordance with the requirements of § 250-46D(5);
(b)
The time to complete any decommissioning and removal of the
large-scale ground-mounted solar energy system and the restoration
of the property on which it is sited;
(c)
A demonstration as to how the removal of all infrastructure
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state as it existed prior to construction
of the system;
(d)
A description of the means and location of disposal of all solid
and hazardous waste in accordance with local, state and federal waste
disposal regulations;
(e)
A description of site stabilization and/or revegetation measures
necessary to minimize erosion and restore the property upon removal
of the solar energy system; and
(f)
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the decommissioning plan shall provide that the large-scale solar energy system shall be considered abandoned if construction is not completed, the system does not become operational and/or, once operational, it ceases operations for more than three consecutive months. The decommissioning plan shall also provide that if the owner or operator of the large-scale ground-mounted solar energy system fails to remove it in accordance with the requirements of this section within 90 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation and restore the property at the expense of the property owner or against any financial surety assigned to the Town as provided for in § 250-46G(7).
(g)
The designation of a local agent residing in Sullivan County, who shall be an individual, and the names of any executors, legal representatives, agents, lessees, or other persons having a vested or contingent interest in the premises, along with their individual mailing addresses, for the service of notices as provided for in § 250-46D(5)(e).
(6)
Cessation of operation. Nonfunction or lack of operation of the large-scale
ground-mounted solar energy system may be established i) through reports
submitted by or on behalf of its owner or operator to the Public Service
Commission, NYSERDA, the local utility or the New York Independent
System Operator, or ii) by lack of income generation for a commercial
enterprise. The owner or operator of a large-scale ground-mounted
solar energy system shall promptly furnish on request such records
as required by the Town Code Enforcement Officer to establish that
the large-scale ground-mounted solar energy system is functioning
or in operation.
(7)
Estimate and financial surety.
(a)
The applicant for a special use permit to site and operate a large-scale ground-mounted solar energy system shall provide an estimate, prepared by a professional engineer licensed in the State of New York, setting forth the projected costs associated with decommissioning the system in question, consistent with an approved decommissioning plan as set forth in § 250-46G(5), and the projected costs to restore the property to its original state. Cost estimations shall account for inflation. The estimate shall be subject to approval by the Planning Board.
(b)
Security for decommissioning any large-scale ground-mounted
solar energy system and restoration of the property shall be furnished
to the Town in an amount determined by the Town Board and in a form
that is approved by the Attorney for the Town. Such security shall
be posted with the Town prior to the issuance of any building permit
for construction of any portion of the large-scale ground-mounted
solar energy system. The security shall be available to and held by
the Town during the projected life of the large-scale ground-mounted
solar energy system in question and until proof of successful decommissioning
and payment of all expenses thereof has been submitted to the Town.
(c)
If the large-scale ground-mounted solar energy system is not decommissioned after it is no longer in use, abandoned during its useful lifetime or never completely constructed, the Town of Lumberland may use the security to decommission the large-scale ground-mounted solar energy system, to remove all infrastructure and to restore the property. The Town may use the security notwithstanding that the notice required pursuant to § 250-46D(5) has not been given by the system's owner or operator. Prior to using the security, the Town Code Enforcement Officer must serve the order required by § 250-46D(5)(a) and wait for the termination of the ninety-day period required by that section.
(8)
Issuance of special use permit.
(a)
The special use permit application and approval process shall be governed by § 250-69 of the Town Code.
(b)
If the special use permit application is approved, the Town
Code Enforcement Officer shall issue a building permit upon satisfaction
of all conditions necessary for the issuance of the permit, including
compliance with applicable portions of the New York State Building
Code.[1]
[1]
Editor's Note: See Executive Law § 370 et seq.
(c)
The Planning Board may, in its discretion, waive certain requirements of § 250-46G otherwise applicable to a large-scale ground-mounted solar energy system that it believes is compatible with land uses in the area where it is proposed to be built and where, because of its size, ownership model or other considerations, the Planning Board finds that the large-scale ground-mounted solar energy system does not need to be subjected to all of the special use permit and site plan regulations imposed by § 250-46G.
(d)
The Planning Board may impose any additional conditions on its approval of any special use permit under this section in order to enforce the standards set forth in this § 250-46D, § 250-46G, § 250-69 and § 250-70 or in order to discharge its obligations under the State Environmental Quality Review Act.
A.
Swimming pools, whether permanent or portable, that are accessory
to single-family dwellings shall be located no closer than 20 feet
to a front lot line.
B.
Swimming pools that are part of a nonresidential use, whether commercial
or noncommercial, such as hotels, motels, clubs, campgrounds, or day-use
recreational facilities, shall be permanent construction and shall
be located no closer than 100 feet from any lot line.
C.
All improvements associated with swimming pools shall comply with
all applicable New York State Uniform Fire Prevention and Building
Code requirements.
A.
Purpose. The purpose of this § 250-48 is to promote health, safety and the general welfare of the residents of the Town; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications facilities in the community by encouraging shared use of existing and future towers and the use of existing buildings and other high structures and by encouraging alternative technologies that would minimize the need for multiple towers; and to minimize adverse visual effects from telecommunications facilities by requiring careful siting, visual impact assessment, and appropriate landscaping.
B.
Special use permit and site plan approval required. So long as telecommunications
facilities are deemed under New York law to be a utility, telecommunications
facilities may be constructed anywhere in the Town, but only if the
person seeking to erect same shall have obtained a special use permit
and site plan approval and shall have complied with all other provisions
of this chapter prior to any construction.
C.
Application for telecommunications facility. The application for a special use permit for the construction of a telecommunications facility shall include, in addition to any other application requirements set forth in this § 250-48 or elsewhere in this chapter:
(1)
Completed project application form in such detail and containing
such information as the Planning Board may require.
(2)
Completed full long form EAF and visual EAF addendum. The Planning
Board may require submittal of a more detailed visual analysis based
on the contents of the visual EAF.
(3)
Site plan in accordance with the requirements for site plans generally and, where more detailed, in accordance with the site plan requirements of this § 250-48, including, without limitation:
(a)
The exact location including geographic coordinates of the proposed
telecommunications facility including any towers, guy wires and anchors,
if applicable;
(b)
The maximum height of the proposed facility, including all appurtenances;
(c)
A detail of tower type, if any, including engineering drawings
from the tower manufacturer (monopole, guyed, freestanding, or other);
(d)
The location, type and intensity of any lighting on the tower;
(e)
Property boundaries and names of all adjacent landowners;
(f)
The location of all other structures on the property and all
structures on any adjacent property within 100 feet of the property
lines, together with the distance of these structures from any proposed
tower, and whether or not any such structures are designated historic
structures;
(g)
The location, nature and extent of any proposed fencing, landscaping
and screening;
(h)
The location and nature of any proposed utility easements and
access roads or drives;
(i)
Certification of a professional engineer licensed to practice
in the State of New York that the telecommunications facility and
all related components have been designed in accordance with generally
accepted good engineering practices and in accordance with generally
accepted industry standards, and if constructed in accordance with
the plans, the entire facility (including the soils of the site itself)
will be safe, will be in accordance with all applicable governmental
building codes, laws and regulations and in accordance with generally
accepted good engineering practices and industry standards, including
without limitation, acceptable standards as to stability, wind and
ice loads, and bird protection;
(j)
The site plan must bear the seal of a professional engineer
licensed to practice in the State of New York; and
(k)
Such additional information as the Planning Board may require,
such as line-of-sight drawings, detailed elevation maps, visual simulations,
before and after renderings, and alternate tower designs to more clearly
identify adverse impacts for the purpose of their mitigation.
(4)
Proof of the landowner's consent to the erection of the facility
and agreement to abide by the law if the applicant is not the landowner.
(5)
Agreement that the applicant will negotiate in good faith with any
subsequent applicant seeking to co-locate a telecommunications facility
on the initial applicant's structures. This agreement shall commit
the initial applicant and landowner and their respective successors
in interest to:
(a)
Respond in a timely comprehensive manner to a request for information
from a potential shared-use applicant;
(b)
Negotiate in good faith for shared use by third parties;
(c)
Allow shared use if an applicant agrees in writing to pay reasonable
charges for same; and
(d)
Make no more than a reasonable charge for shared use, based
upon generally accepted accounting principles. The charge may include,
but is not limited to, a pro rata share of the cost of site selection,
planning, project administration, land costs, site design, construction
and maintenance, financing, return on equity, and depreciation, and
all of the costs of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference or causing
uses on the site to emit electromagnetic radiation in excess of levels
permitted by the Federal Communications Commission (FCC).
(6)
The agreement for removal of the facility referred to below.
(7)
Copies of all documents submitted to the FCC or any other governmental
agency having jurisdiction.
(8)
An adequate inventory report specifying existing telecommunications
facility sites and structures exceeding 75% of the height of the proposed
tower within the search range of the cell grid. The inventory report
shall contain an evaluation of opportunities for shared use as an
alternative to the proposed location.
(9)
When the application proposes the construction of a tower, evidence
of written notification to all wireless service providers who supply
service within the region for the purpose of assessing the feasibility
of co-located facilities.
(10)
All property owners and adjacent municipalities within 500 feet
of the outside perimeter of the communications structure, including
guy wires, shall be notified by the applicant by certified mail prior
to the Planning Board taking action. Proof of notification shall be
provided as part of the final application.
(11)
Any applicable application or other fees, including any deposits
required by the Town for application to the costs of any consultants
retained by the Town as provided herein.
D.
Consultants for review of application for telecommunications facility.
(1)
The Town, at the expense of the applicant, may employ its own consultants
to examine the application and related documentation. In addition,
the applicant shall reimburse the Town for the costs of the Town,
including the time of the Code Enforcement Officer, in reviewing the
application. The consultants that the Town may retain include, but
are not limited to, professional structural and/or electrical engineers,
attorneys, and other experts reasonably required by the Town to competently
and fully evaluate any application and the resulting construction.
Such consultants may be requested, among other matters, to make recommendations
as to whether the criteria for granting the special use permit have
been met, including whether the applicant's conclusions regarding
need, co-location, safety analysis, visual analysis, and structural
inspection are valid and supported by generally accepted and reliable
engineering and technical data and standards, and whether the telecommunications
facility as constructed is in compliance with the approved plans and
in accordance with generally accepted good engineering practices and
industry standards.
(2)
To assure that sufficient funds are available to the Town to pay
for the consultants referred to in the preceding subsection, any applicant
shall be required to deposit review fees in escrow, in accordance
with the terms of any Town law, ordinance or resolution, as the same
may be amended from time to time. Notwithstanding the provisions of
any such law, ordinance or resolution, the minimum initial escrow
deposit for any telecommunications facility application which anticipates
construction of any type of tower shall be $5,000 or the minimum prescribed
by such law, ordinance or resolution as in effect at the date of the
application, whichever is greater.
E.
Special use permit criteria.
(1)
No special use permit or renewal thereof or modification of a current
special use permit relating to a telecommunications facility shall
be authorized by the Planning Board unless, in addition to satisfying
all other applicable provisions of this chapter, the Planning Board
finds that such telecommunications facility:
(a)
Is necessary to meet current or reasonably expected demands
for services.
(b)
Conforms with all federal and state laws and all applicable
rules or regulations promulgated by the FCC, Federal Aviation Administration
(the FAA), and any other federal agencies having jurisdiction.
(c)
Is considered a public utility in the State of New York.
(e)
Is the most appropriate site among those available within the
technically feasible area for the location of a telecommunications
facility.
(f)
Is fully automated and unattended on a daily basis and shall
be visited only for periodic maintenance;
(h)
When new construction is required and a structure utilizing
guy wires is proposed, a freestanding pole type structure is not feasible.
(2)
In considering whether or not to grant the special use, the Planning
Board may, if the special use permit is granted, impose such reasonable
conditions as the Board may deem necessary to minimize any adverse
impacts of the facility or its construction and to assure continued
compliance with the terms of this chapter.
F.
Dimensional standards for telecommunications facilities. The following
dimensional requirements apply to telecommunications facilities:
(1)
The minimum land area required for a telecommunications facility
shall be the sum of:
(2)
A fall zone shall be provided around any tower constructed as part
of a telecommunications facility, having a radius at least equal to
the height of the tower and any attached antenna. The fall zone:
(a)
May not include or extend through public roads;
(b)
Must be located on property either owned or leased by the applicant
or for which the applicant has obtained an easement for such purpose;
(c)
May not, except as set forth in Subsection F(3) below, contain any structure other than those associated with the telecommunications facility; and
(d)
May not contain any active recreational lands or fields.
(3)
The provisions of the preceding Subsection F(2)(c) may be waived by specific permission of the Planning Board on a case-by-case basis if the subject telecommunications facility is or is to be attached to an existing structure and if the Board finds that such waiver will not endanger the life, health, welfare or property of any person. In granting any such waiver, the Board may impose any conditions reasonably necessary to protect the public or other property from potential injury.
(4)
All telecommunications facilities shall comply with the setback,
frontage, minimum lot size and yard standards of the underlying zoning
district and the fall zone requirements of this article. To the extent
there is a conflict, the more restrictive provision shall govern.
(5)
Notwithstanding provisions to the contrary of any other provisions
of this chapter, the front, side and rear yard requirements of the
underlying zoning district in which a telecommunications facility
is erected shall apply not only to a tower but also to all tower parts,
including guy wires and anchors, and to any accessory buildings.
(6)
An antenna may not be located on a building or structure that is
listed on a historic register or within 500 feet of such a structure.
(7)
The height of the telecommunications facility may not exceed the
minimum height that the applicant has demonstrated is necessary for
the service area. In the River Overlay District, the height may not
exceed 195 feet and may not be illuminated.
G.
Future co-location for telecommunications facilities. It shall be
a condition of any approval of special use permit that the proposed
structure shall be constructed to provide available capacity for no
fewer than two other providers should there be or arise a future additional
need for such telecommunications facilities. Any subsequent location
of telecommunications facilities by other service providers on existing
towers specifically designed for shared use shall not require a new
or modified special use permit if there would be no increase in the
height of the tower and if the tower's original design was adequate
to accommodate the proposed additional antenna and equipment. However,
any additional telecommunications facilities proposed to be located
on an existing tower and any accessory buildings and equipment associated
with same shall require site plan review and issuance of a building
permit before construction occurs.
H.
Other requirements for telecommunications facilities.
(1)
Towers shall not be artificially lighted and marked beyond the requirements
of the FAA, unless the Planning Board determines that adding lighting
and markings beyond FAA-style lighting and marking would be of direct
benefit to public safety and would not unduly adversely affect residents
of any surrounding property. In such case, the applicant shall be
required to install such additional lighting and markings as the Planning
Board directs.
(2)
Telecommunications facilities shall contain a sign no larger than
four square feet in order to provide adequate notification to persons
in the immediate area of the presence of an antenna that has transmission
capabilities and shall contain the name(s) of the owner(s) and operator(s)
of the antenna(s) as well as emergency phone number(s). The sign shall
be on the equipment shelter or cabinet of the applicant and be visible
from the access point of the site and must identify the equipment
owner of the shelter or cabinet. The sign shall not be lighted, unless
lighting is required by applicable law, rule or regulation. No other
signage, including advertising, shall be permitted.[2]
(3)
The telecommunications facility shall be designed to have the least
visual effect on the environment as is practicable, as determined
by the Planning Board. To the extent not inconsistent with any FAA
requirements, each tower shall:
(a)
Have a galvanized finish or shall be painted gray above the
surrounding tree line and gray or green below the tree line, as deemed
appropriate by the Planning Board; or
(b)
Be disguised or camouflaged to blend in with the surroundings,
to the extent that such alteration does not impair the ability of
the facility to perform its intended function.
(4)
Accessory structures shall maximize the use of building materials,
colors and textures designed to blend in with the natural surroundings.
(5)
The facility shall have appropriate vegetative buffering, reasonably
satisfactory to the Planning Board, around the fences of the tower
base area, accessory structures and the anchor points of guyed towers
to buffer their view from neighboring residences, recreation areas,
and public roads. The Planning Board may similarly require screening
adjacent to waterways, landmarks, refuges, community facilities, or
conservation or historic areas from which the facility would otherwise
be visible.
(6)
Without limiting the requirements of the preceding subsection, existing
on-site vegetation shall be preserved to the maximum extent practicable.
(7)
Equipment or vehicles not used in direct support, renovations, additions
or repair of any telecommunications facility shall not be stored or
parked on the facility site.
(8)
Accessways required for the construction or maintenance of approved
facilities shall make maximum use of existing public or private roads
to the extent practicable. New accessways constructed solely for telecommunications
facilities shall be at least 12 and no more than 24 feet wide and
closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(9)
The road surface (driveways) shall be centered within accessways
and shall not comprise more than 60% of the width of the accessway.
(10)
Parking areas shall be sufficient to accommodate the usual number
of service vehicles expected on the premises at any one time. Space
off of public highways shall be provided (not necessarily in parking
areas) to accommodate the greatest number of service vehicles expected
on the premises at any one time.
(11)
Driveways or parking areas shall provide adequate interior turnaround,
so that service vehicles will not have to back out onto a public thoroughfare.
(12)
All towers, anchor points of guyed towers, and accessory structures
shall be surrounded by fencing at least eight feet in height, the
top foot of which may, at the discretion of the Planning Board in
consideration of the area where the facility is located, be composed
of three-strands of barbed wire to discourage unauthorized access
to the site. The Planning Board may waive the requirement of fencing
if it determines that other forms of security are adequate or that,
by reason of location or occupancy, security will not be significantly
compromised by the omission or reduction in size of the otherwise
required fencing.
(13)
There shall be no permanent climbing pegs within 15 feet of
the ground of any tower.
(14)
A locked gate at the junction of the accessway and a public
thoroughfare may be required to obstruct entry by unauthorized vehicles.
Such gate must not protrude into the public right-of-way.
(15)
Towers and antennas shall be designed to withstand wind gusts of at least 100 miles per hour or such higher wind resistance as may be specified by virtue of Subsection H(16) below.
(16)
Every facility shall be built, operated and maintained to acceptable
industry standards, including but not limited to the most recent applicable
standards of the Institute of Electric and Electronic Engineers (IEEE)
and the American National Standards Institute (ANSI).
I.
Removal of telecommunications facility.
(1)
No application for a special use permit for a telecommunications
facility shall be approved by the Planning Board unless it contains,
along with all other requirements set forth in this chapter, an agreement,
in form and content acceptable to the Attorney for the Town, by the
applicant (and, if different, the property owner) to remove all antennas,
driveways, structures, buildings, equipment sheds, lighting, utilities,
fencing, gates and accessory equipment and structures, as well as
any tower(s) dedicated solely for use within a telecommunications
facility, when such facility becomes technologically obsolete or if
such facility ceases to perform its originally intended function for
more than 12 consecutive months. Upon removal of said facility, the
land shall be restored to its previous condition, including but not
limited to the seeding of exposed soils.
(2)
In any event, any tower and antenna which becomes technologically
obsolete or which ceases to perform its originally intended function
for more than 12 consecutive months shall be dismantled and removed
from the site within 60 days of the date the Code Enforcement Officer
mails to the owner of the site a notice of removal.
(3)
Prior to obtaining a building permit for a telecommunications facility,
the applicant must provide a performance guarantee securing performance
of the aforesaid removal and restoration obligation in an amount approved
by the Planning Board but in no event less than $100,000. Additionally,
upon any modification of special use permit relating to a telecommunications
facility, the Planning Board may adjust the required amount of the
performance guarantee to adequately cover increases in the anticipated
cost of removal and restoration.
A.
Temporary structure permit. The Code Enforcement Officer is authorized
to issue a permit for the temporary use of a portable storage unit
upon application therefor and compliance with all other provisions
of this chapter. Such permit shall be authorized for a period of up
to six months and may be extended for two similar periods when the
Code Enforcement Officer finds that the work necessitating the use
of the portable storage unit has been diligently pursued.[1]
B.
Permitted uses. Such uses and structures may include the storage
of building materials and equipment, a real estate office for the
sale of property on the premises, and a construction office for work
being done on the premises.
C.
Requirements.
(1)
No portable storage unit may be utilized as a temporary structure
unless a permit is obtained for each such structure by application
to the Code Enforcement Officer. Such permits shall be issued by the
Code Enforcement Officer only if the following requirements of this
section are satisfied:[2]
(a)
No more than two portable storage units may be located on a
lot at one time;
(b)
Such temporary structure(s) may not be located on a specific
lot more than two times in any given thirty-calendar-day period;
(c)
Such temporary structure shall be located no closer than 10
feet to the property line unless placed on an existing impervious
driveway and in any event shall comply with all requirements regarding
visual obstructions; and
(d)
Such structure may not exceed eight feet six inches in height,
10 feet in width or 20 feet in length.
(2)
The Code Enforcement Officer may grant extensions of the foregoing
time restrictions for good cause shown.
D.
Prohibited structures. Retired school buses, vans, railroad cars,
recreational vehicles and similar vehicles or equipment shall not,
under any circumstances, be permitted as temporary (or other) storage
structures in any district.
E.
Truck trailers. Truck trailers may not be used as a permanent storage facility in any district. Truck trailers may not be used as a temporary storage facility on any lot on which a dwelling is located. Truck trailers may be used for temporary storage upon issuance of a special use permit, where accessory to a lawfully permitted nonresidential use, provided that they are removed no later than 18 months after placement and that they are screened as specified by the Planning Board. Whether or not located on a lot on which a dwelling is located, truck trailers otherwise in legal existence at the effective date of this chapter may continue, but once they have been removed they may not be replaced except in conformance with the requirements of this Subsection E.[3]
A.
Purpose. It is the purpose of this section to promote and to provide
standards for the construction and operation of small wind energy
facilities in the Town, subject to reasonable restrictions intended
to preserve the public health and safety. Small wind energy facilities
are designed for on-site home, farm and small commercial uses and
are primarily used to reduce on-site consumption of utility power.
B.
Findings. The Town Board finds that wind energy is an abundant, renewable
and nonpolluting energy resource and that its conversion to electricity
will reduce dependence on nonrenewable energy resources and decrease
the air and water pollution that results from the use of conventional
energy sources, but that potential benefits must be weighed against
potential impacts. Wind energy generated from properly sited small
wind energy facilities can be a cost-effective mechanism for enhancing
the reliability and power quality of the power grid, reduce peak power
demands and help diversify the state's energy supply portfolio with
a minimum of environmental impacts.
C.
Special use permit required for small wind energy facility. No wind
energy facility other than a small wind energy facility shall be constructed,
reconstructed, modified or operated in the Town. No small wind energy
facility shall be constructed, reconstructed, modified or operated
in the Town unless in conformity with all applicable provisions of
this chapter and after the issuance of a special use permit. Notwithstanding
the requirements of this section, a replacement in kind or modification
of a small wind energy facility that was itself the subject of an
issued special use permit may occur without a special use permit upon
a finding by the Code Enforcement Officer that there will be no increase
in total height, no change in location, no additional lighting or
change in facility color, and no increase in noise produced by the
replacement small wind energy facility.
D.
Applications. Small wind energy facilities are allowed as special
uses in certain specified zoning districts. Upon application for a
special use permit for a small wind energy facility, the Planning
Board may require the submission of information in addition to the
standard special use permit application requirements as the Planning
Board deems appropriate, including without limitation the following:
(1)
The applicant's and landowner's name and contact information. If
the landowner is not the applicant, a statement by the landowner that
the landowner is familiar with the contents of the application and
authorizes the submission.
(2)
The Tax Map numbers, existing use and acreage of the site parcel.
(3)
A survey map at an appropriate scale showing the proposed location
of the small wind energy facility (including access roads) as it relates
to the boundaries of the parcel, adjacent ownerships and existing
residences/schools, churches, hospitals or libraries to a distance
of 2,000 feet (or other measure).
(4)
A survey map at an appropriate scale showing any federal, state,
county or local parks, recognized historic or heritage sites, and
important bird areas as identified in federal, state, county, local
or New York Audubon's GIS databases or other generally available documentation.
(5)
Standard drawings of the wind turbine structure, including the tower,
base and footings, drawings of access roads, a line drawing of the
electrical components of the system, and including an engineering
analysis and certification of the tower, showing compliance with the
applicable building and electrical codes and that the proposed total
height of the facility does not exceed the height recommended by the
manufacturer.
(6)
Data pertaining to the tower's safety and stability, including safety
results from test facilities.
(7)
A project visibility map, based on a digital elevation model, showing
the impact of topography upon visibility of the project from other
locations to a radius of three miles from the center of the project.
The scale used shall depict the three-mile radius as no smaller than
2.7 inches, and the base map used shall be a published topographic
map showing man-made features such as roads and buildings.
(8)
No fewer than three color photos, no smaller than three inches by
five inches, taken from locations within a three-mile radius from
the site and to be selected by the Planning Board, and computer-enhanced
to simulate the appearance of the as-built site facility as it would
appear from these locations, indicating the color treatment of the
facility's components, together with any visual screening incorporated
into the project that is intended to lessen the facility's visual
prominence.
(9)
Sufficient information to demonstrate that the facility will be used
to reduce on-site consumption of electricity.
(10)
Written evidence that the electric utility provider that serves
the proposed site has been informed of the applicant's intent to install
an interconnected customer-owned electricity generator, unless the
applicant does not plan, and so states in the application, to connect
the system to the electricity grid.
E.
Development standards for small wind energy facility. In addition
to complying with all other provisions of this chapter, all small
wind energy facilities shall comply with the following specific standards:
(1)
Safety.
(a)
To prevent harmful wind turbulence, the minimum distance between
the ground and any part of the rotor blade system shall be 30 feet.
(b)
Wind towers shall not be climbable from the base to 15 feet
above ground level.
(c)
All access doors to wind towers and electrical equipment shall
be lockable.
(d)
Appropriate warning signage shall be placed on all wind towers,
electrical equipment and small wind energy facility entrances.
(e)
Small wind energy facilities shall not be artificially lighted,
except to the extent required by the FAA or other applicable authority.
(f)
All wind turbines shall have an automatic braking, governing
or feathering system to prevent uncontrolled rotation, overspeeding
and excessive pressure on the tower structure, rotor blades and turbine
components.
(g)
Prior to issuance of a building permit for the facility, the
applicant shall provide the Town proof (in form and content acceptable
to the Town Attorney) of a level of insurance, to be determined by
the Town Board in consultation with the Town's insurer, to cover damage
or injury that might result from the failure of a tower or any other
part or parts of the facility.
(h)
Any small wind energy system found to be unsafe by the Code
Enforcement Officer shall, upon notification thereof to the owner,
forthwith be repaired by the owner to meet federal, state and local
safety standards or, in the alternative, shall be forthwith decommissioned
and be dismantled and removed within six months following such notification
by the Code Enforcement Officer. If any small wind energy system is
not operated for a continuous period of 12 months, the Town will notify
the landowner by registered mail and provide 45 days for a response.
In such a response, the landowner shall set forth reasons for the
operational difficulty and provide a reasonable timetable for corrective
action. If the Town deems the timetable for corrective action as unreasonable,
the Town shall notify the landowner, and such landowner shall remove
the turbine within 120 days of receipt of notice from the Town.
(2)
Siting and installation.
(a)
Where practicable, existing roads shall be used to provide access
to the facility site, and if new roads are needed, the amount of land
used for new roads shall be minimized and roads shall be located so
as to minimize adverse environmental impacts. Temporary access roads
for initial installation shall be regraded and revegetated to the
preexisting natural condition after completion of installation.
(b)
Transmission lines and points of connection shall be combined
with local distribution lines.
(c)
The facility shall be connected to existing substations if possible.
(d)
All wiring between the wind turbine and the small wind energy
facility substation shall be underground.
(e)
No facility shall be located on any lot smaller than one acre
in size. In the case of multiple owners submitting a joint application,
this requirement shall be satisfied so long as the aggregate size
of the lots covered by the application is at least one acre.
(f)
Only one small wind energy facility per legal lot shall be allowed.
Where there are multiple applicants, their joint lots shall be treated
as one lot for the purpose of this limitation.
(g)
Anchor points for any guy wires for a system tower shall not
be closer than 25 feet from the property line or highway right-of-way
and shall be located on or across any aboveground electric transmission
or distribution lines. The point of attachment for the guy wires shall
be enclosed by a fence six feet high or shall be sheathed in bright
orange or yellow covering from two to eight feet above the ground.
(3)
Setbacks.
(a)
A wind tower shall be set back from the nearest property line
a distance no less than 1.1 times its total height, unless appropriate
easements are secured from adjacent property owners.
(b)
A wind tower shall be set back from the nearest public road
a distance no less than 1.1 times its total height, determined at
the nearest boundary of the underlying right-of-way for such public
road.
(c)
A wind tower shall be set back from the nearest aboveground
public electric power line or telephone line a distance no less than
1.1 times its total height, determined from the existing power line
or telephone line.
(4)
Noise and interference.
(5)
Environmental and visual.
(a)
Small wind energy facilities shall not be used for displaying
any advertising except for reasonable identification of the manufacturer
or operator of the wind energy facility.
(b)
The design of the small wind energy facility shall, to the extent
practicable, use materials, colors, textures, screening and landscaping
that will blend the facility into the natural setting and existing
environment. The facility's tower and blades shall be painted a nonreflective
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and incorporates
nonreflective surfaces to minimize any visual disruption.
(c)
Appropriate landscaping shall be provided to screen accessory
structures from roads and adjacent residences.
(d)
Where wind characteristics permit, wind towers shall be set
back from the tops of visually prominent ridgelines to minimize the
visual contrast from any public access.
(e)
Wind towers shall be designed and located to minimize adverse
visual impacts from neighboring residential areas to the greatest
extent feasible.
(f)
No small wind energy facility shall be installed at any location
that would substantially detract from or block the view of the major
portion of a recognized scenic vista as viewed from any public road
right-of-way or publicly accessible parkland or open space within
the Town.
(g)
Placement of small wind energy facilities shall avoid, to the
extent practicable, the creation of artificial habitat for raptors
or raptor prey, such as:
(h)
Wind towers shall be set back at least 2,500 feet from "important
bird areas" as identified by New York Audubon and at least 1,500 feet
from state-identified wetlands. These distances may be adjusted to
be greater or lesser at the discretion of the Planning Board, based
on topography, land cover, land uses and other factors that influence
the flight patterns of birds.
(i)
Small wind energy facilities shall be used primarily to reduce
the on-site consumption of utility-provided electricity.
F.
Tax exemption for small wind energy facilities. The Town hereby exercises
its right to opt out of the tax exemption provisions of the New York
State Real Property Tax Law § 487, pursuant to the authority
granted by Subdivision 8 of that section of the law.
