Town of Montour, NY Article V Supplementary Regulations Applicable to Particular Uses

§ 175-19 Manufactured (mobile) homes and parks.

Manufactured (mobile) home parks shall be permitted, as special uses, only in RD Districts. Individual manufactured (mobile) homes shall be permitted only within such manufactured (mobile) home parks. Notwithstanding the foregoing, any existing manufactured (mobile) home may be retained on its current site, but may not be removed to a different site (except within an allowed manufactured home park) or added on to. An existing manufactured (mobile) home may be replaced with a new manufactured (mobile) home, provided such home complies with the requirements of Subsection J below. The Planning Board shall, in reviewing and acting upon such special use applications for manufactured (mobile) home parks, apply the following standards and review criteria:

A. The location of the park shall be one suitable for such use as determined by the Planning Board, considering report offered by the Board's consultants, with proper drainage and provisions for stormwater control such that the peak flow rate of water leaving the site after development shall not be greater than prior to development.

B. There shall be documentation of the availability and adequate capacity of all utility providers to service the park. Off-site or centralized water facilities shall be provided.

C. The park shall meet the following design standards:

(1) The park shall be at least 10 acres in size.

(2) All manufactured homes shall be parked or otherwise be located a minimum of:

(a) Fifty feet from an adjacent manufactured home.

(b) Seventy-five feet from an adjacent property line or right-of-way line of a public street or highway.

(c) Twenty-five feet from the nearest edge of any roadway located within the park.

(3) Where a manufactured home park has more than 20 manufactured homes, two points of entry and exit shall be provided. No individual manufactured home shall have direct access to a state, county or Town road without first entering a street or driveway in the manufactured home park leading to an exit. The internal road system shall be so designed to permit safe and convenient vehicular circulation within the park. All streets shall be provided with safe, dustless all-weather surfaces and have a minimum pavement width of 18 feet and otherwise meet Town highway specifications.

(4) Two off-street parking spaces shall be provided on each manufactured home lot.

(5) Each manufactured home park shall provide common open space for the use of the occupants of the park. Such space shall have a total area equal to at least 50% of the gross land area of the park such that the net overall density of the park shall not exceed one dwelling unit or manufactured home per 20,000 square feet of park land area.

D. Provisions shall be made for outside storage space and these shall not in any way interfere with emergency access.

E. Provisions shall be made to control potential nuisance situations such as accumulation of unused materials or vehicles.

F. Recreational facilities sufficient to accommodate the number of dwellings proposed shall be provided. A minimum of 10% of the land area of the park or one-half acre, whichever is less, shall be devoted to this purpose and completed prior to the issuance of the first permit.

G. There shall be adequate groundwater supplies to support the proposed water system without causing a detrimental impact on adjoining water supplies and evidence of this shall be provided and professionally reviewed.

H. The management and operations plan for the park shall provide for maintenance of all common facilities and ensure the purposes and requirements of this chapter are met. It shall also provide for limitation of occupancy to mobile homes meeting U.S. Department of Housing Urban Development regulations under the Manufactured Housing Act.

I. Mixed-use residential developments wherein manufactured (mobile) homes and other one-family detached dwellings are both provided shall be encouraged where the other criteria contained herein can be met. All other one-family detached development, however, shall comply with the requirements of this chapter and the Town of Montour Subdivision Regulations.

J. Manufactured (mobile) homes shall:

(1) Be no more than 10 years old at the time of their placement;

(2) Possess a manufactured peaked shingled roof; and

(3) Be placed on a monolithic concrete slab with concrete block wall skirting or permanent foundation.

§ 175-20 Multifamily dwelling projects.

A. Application for approval of multifamily dwelling projects shall include all information required for Special use and site plan review, plus, where applicable, the following additional data:

(1) An application for approval on a form to be supplied by the Town or, in the absence of such form, by a letter or brief from the developer or his or her representative indicating how the development will specifically comply with or meet the criteria set forth herein.

(2) A proposed plot plan showing the approximate (generally within five feet) locations of all buildings and improvements, including parking areas, planting strips (if any), signs, storm drainage facilities, water supply, sewage treatment and collection systems and the specific areas provided as open space in connection with the requirements of this chapter. Building layouts, floor plans and profiles shall also be provided indicating building dimensions, numbers, and sizes of units, common ownership or use areas (apart from the open space referenced below), lighting and such other information as shall be required to determine compliance with the design standards contained herein and any other building standards which may be applicable in Town of Montour. Setbacks from property lines, improvements and other buildings shall also be indicated.

(3) A schedule or plan and proposed agreement(s) either with the Town or a homeowners' association for the purpose of dedicating, in perpetuity, the use and/or ownership of the recreation area and open space required by this chapter to the prospective dwelling owners or occupants. Such agreement may be incorporated in the applicant's proposed covenants and restrictions, but shall, in any event, provide to the satisfaction of the Town that maintenance and use of the property, regardless of ownership, be restricted to either:

(a) Activities intended for the sole benefit of the occupants of the particular project proposed; or

(b) Permanent open space as hereinafter provided.

B. No building permit shall be issued to the applicant, however, until all conditions attached to the approval of any site plan shall have been satisfied. Nothing herein shall be construed as permitting the issuance of a building permit prior to special use and site plan review approval and the filing of such financial guarantees as may be required. This requirement notwithstanding, the building permit application shall be made with the site plan and shall, if granted, be valid for a period equal to that for special use and site plan review approval. If the site plan shall be rejected, no building permit shall be granted.

C. Following special use and site plan review approval, the developer shall provide for the installation and/or financial guarantee using a letter of credit of required or proposed improvements, including, but not limited to, streets, parking areas, storm drainage facilities, recreational facilities and lighting. No certificate of occupancy shall be issued until such time as all buildings and improvements required to serve those buildings have been completed and inspected by the Town Building Inspector III.

D. Complete final building plans shall also be submitted as part of the special use and site plan review application.

E. No person shall sell, transfer, lease or agree or enter into an agreement to sell or lease any land and/or buildings or interests in the individual dwelling units to be created, or erect any building thereon except in accord with the provisions of this chapter, unless and until special use and site plan review approval shall have been granted and all improvements installed and inspected or financially guaranteed.

F. Multifamily dwelling density shall be limited to the same number of dwelling units per acre that would be permitted within the district if the parcel on which the units are to be constructed were to be developed for one-family residential use. Density shall be calculated by taking the total acreage of the development and deducting the following acreages: 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 shall be assumed to be 50 feet); land contained within the boundaries of easements previously granted to public utility corporations providing electrical or telephone service; 4) all wetlands, floodplains, slopes of 25% or greater grade, water bodies and other undevelopable areas (unless such areas are used for some active recreational purpose such as trails or employed for some other development purpose such as a stormwater detention area); and dividing by the number of proposed units.

G. All areas of a multifamily dwelling project not conveyed to individual owners, and not occupied by buildings and required or proposed improvements, shall remain as permanent open space or be dedicated to recreation area to be used for the sole benefit and enjoyment of the residents of the particular units being proposed. No less than 50% of the tract shall be used for this purpose and fees in lieu of dedication may not be substituted for such space. Such open space shall be subject to the following regulations:

(1) No less than 50% of the open space to be provided (25% of the total tract) shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed. Recreation areas (as distinct from other open space) shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development. They shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, excepting as provided for in Subsection G(2) below. They shall be usable for active recreational activities and shall not include wetlands, quarries, slopes over 15% in grade, water bodies or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.

(2) Land designated as open space shall be permanently maintained as such and not be separately sold, used to meet open space or recreation area requirements for other developments, subdivided or developed excepting that a holding zone may be reserved for future development pursuant to density and other zoning requirements as they presently exist, provided such lands are specifically defined and indicated as "reserved for future development" on all site plans. Such lands shall not be included in calculating permitted density for the proposed development. These provisions, however shall not be construed as granting or reserving to the developer any rights or privileges to develop on the basis of a preapproved plan if density or other zoning requirements shall have been modified to preclude such development.

(3) Open space areas shall be permanently maintained so that their use and enjoyment as open space are not diminished or destroyed. Such areas may be owned, preserved and maintained by dedication to a property owners' association which assumes full responsibility for maintenance of the open space and/or deed-restricted private ownership which shall prevent development of the open space, provide for its maintenance and protect the rights of owners or occupants of dwelling units to use and enjoy, in perpetuity, such portion of the open space as shall have been dedicated to recreation area for the project. This is intended to allow the owner/developer to retain ownership and use of a portion of the property (for hunting, fishing, etc.), provided the permanence of the open space is guaranteed.

(4) Whichever maintenance mechanism(s) is used, the developer shall provide, to the satisfaction of the Town Attorney and prior to the granting of any special use and site plan review approval, for the perpetual maintenance of the open space and also the use and enjoyment of the recreation area by residents of the units being approved. No lots shall be sold nor shall any building be occupied until and unless such arrangements or agreements have been finalized and recorded.

(5) Developments of 50 units or more shall provide one-half acre of playground area per 50 units unless restricted to adult occupancy only.

H. All multifamily dwelling projects shall be served with central sewage facilities and water supplies. Effluent disposal areas shall also be subject to the setback requirements applicable to other multifamily buildings and structures as a minimum.

I. The following design criteria shall apply to multifamily dwelling projects:

(1) There shall be no more than 10 dwellings in each multifamily building.

(2) No structure shall be constructed within 50 feet of the edge of any access road to or through the development or within 10 feet of the edge of any parking area. No buildings shall be located within 100 feet of any pond, reservoir, lake or watercourse that is part of a water supply system.

(3) Access roads through the development shall comply with minor street requirements as specified in this chapter, and no parking space shall be designed such that a vehicle would be backing or driving out onto a through road. Instead, there shall be a defined entrance and exit to and from each parking area.

(4) Access and egress from the proposed development shall be to a public road, and a traffic engineering study shall be an integral part of the site plan application. Such entrances and exits shall be at least 100 feet from any intersection and shall have at least 300 feet of sight distance in both directions. No multifamily dwelling project shall be served by more than one entrance and one exit from any public highway, unless topography or other physical circumstances would preclude the use of a single entrance in a safe manner.

(5) Parking spaces of two per unit shall be provided, plus for every two units intended for rental or other transient occupancy, one additional space to accommodate parking needs during sales and other peak visitation periods.

(6) No more than 60 parking spaces shall be provided in one lot, nor more than 15 in a continuous row without being interrupted by landscaping. All off-street parking shall be adequately lighted and so arranged as to direct lighting away from residences.

(7) No structure shall be erected within a distance equal to its own height of any other structure.

(8) 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.

(9) Multifamily dwelling projects shall be subject to the stormwater management requirements of New York State law. All such planning shall also be subject to review and approval by the Town Planning Board on the advice of the Town Engineer.

(10) All electrical and other utilities shall be placed underground and buried to a depth determined by the Town Engineer as sufficient for safety purposes.

(11) In addition to the standards for landscaping set forth herein, the ground and vicinity of buildings shall be provided with decorative landscape materials subject to approval by the Planning Board.

(12) Exterior lighting along walks and near buildings shall be provided utilizing architectural grade equipment and shall not create glare on adjoining units or adjoining properties.

(13) Walks shall be provided throughout the development area to ensure that roads shall not be required for pedestrian circulation.

(14) The Fire Inspector of the fire district in which the development is proposed shall review development plans to ensure adequate access for emergency vehicles.

(15) The side yard applicable to a multifamily structure shall be increased by 10 feet for each dwelling unit over two within the structure.

J. Maintenance of a multifamily dwelling project shall be vested in 1) an association or other legal entity organized prior to the offering of the first unit for occupancy; or 2) a manager, who may be the developer, or a person designated by the developer before the developer offers a unit for occupancy; or 3) the owners or occupants of units themselves if the total number of owners or occupants within the development is not more than five. If the developer shall opt to manage the project or designate a manager, the preliminary application shall include financial statements, a description of previous management experience and other data sufficient for the Planning Board to ascertain the financial responsibility of the manager.

K. The association or manager, as the case may be, shall be responsible for maintenance, repair and replacement of the common areas of the development, including buildings, and, if applicable, the furniture, fixtures and equipment within the units. The project instruments shall specify the expenses that the maintenance organization may incur and collect from purchasers as a maintenance fee and secure maintenance of the project and enforcement of applicable covenants and restrictions in perpetuity. The Planning Board may require that a certified public accountant review such financial data to determine proposed fees are, in fact, adequate to secure maintenance on a continuing basis.

L. The developer shall, in filing a special use and site plan review application, provide a narrative description of how responsibility for maintenance and care of the units and common areas will be assured and a pro forma operating budget for the maintenance organization, including a breakdown of the common expense to be borne by the maintenance organization and a separation of long-term maintenance costs from ongoing routine maintenance costs. There shall also be provided a narrative description of how the developer proposes to assure maintenance of the units and common facilities during any sales program. The Planning Board may require additional temporary facilities to accommodate service demands. Copies of all applicable instruments shall be provided for purposes of determining that long-term arrangements for maintenance of common facilities have, in fact, been made by the developer.

M. Any developer who proposes to construct multifamily dwellings and convey the common elements of said multifamily dwelling project, including recreation areas, to an association of purchasers of units therein shall submit a maintenance bond or other performance guarantee acceptable to the Town Board and Town Attorney ensuring long-term maintenance and repair of said common elements. Such maintenance bond or other guarantee shall:

(1) Be for a period of not less than 15 years from the date of the final approval of said multifamily dwelling use by the Town;

(2) Be in an amount equal to the amount collected or to be collected for long-term maintenance (as indicated in the budget referenced above) by the developer or other responsible parties from each purchaser during the first year after sales to such purchases begin, multiplied by the total number of expected purchasers.

N. If the multifamily dwelling project shall be subject to the New York State statutes governing the sale of real property used for multifamily occupancy, the developer shall certify as to his or her compliance with said statutes. To the extent the provisions of such statutes conflict with this section, such certification shall suffice as to conformance with these requirements.

O. Conversions of existing structures to multifamily dwelling use, regardless of whether such conversions involve structural alterations, shall be subject to the provisions of this chapter to the extent applicable, as shall be determined by the Planning Board. Motels and hotels, however, shall not be converted to multifamily residential use. If the proposed project does involve structural alterations, the site plan shall include a certification of a registered architect or engineer to the effect that the existing building is structurally sound and that the proposed conversion will not impair structural soundness. However, the conversion of an existing one-family detached dwelling or single-family semidetached dwelling into not more than three residential units shall be exempt from these requirements, unless such units are intended to be a condominium. This shall not, however, exempt an owner from any requirements of the State Building Code or this chapter as they may pertain to such activities.

§ 175-21 Cluster development (conservation subdivisions).

A. The Town of Montour Planning Board shall be authorized, pursuant to § 278 of the Town Law and simultaneously with the approval of development plans under the Town of Montour Subdivision Regulations, to modify applicable provisions of this chapter so as to accommodate conservation subdivision projects. Also known as "cluster development," conservation subdivisions offer flexibility in design, facilitate the economical provision of streets and utilities and preserve open space. They shall be allowed anywhere within RD Districts and be processed pursuant to subdivision plan approval procedures.

B. Cluster development may also be required by the Planning Board where this form of design would better preserve open space and reduce infrastructure extension needs.

C. The Planning Board may require conservation/cluster subdivisions, as a form of development, in those instances where conventional subdivisions or residential developments would cause significant loss of open space, agricultural lands or otherwise result in significant negative environmental impacts.

D. Conservation/cluster subdivisions provide for one-family or two-family dwelling units wherein dwelling units are grouped in sections in order to maximize the amount of common open space and to preserve the natural settings. Proposed developments shall be processed in the same manner as a major subdivisions and in accord with the standards below.

E. Conservation/cluster subdivisions shall include at least five lots, and the Planning Board shall have the authority to require an alternative sketch development plan, for any subdivision of five lots or more, depicting how the property might be developed using this technique. If this alternative sketch development plan is determined to provide a superior design in accord with the purposes of this chapter and the same density can be achieved, the Planning Board may than require use of this technique.

F. The maximum permitted number of dwelling units shall be determined from the sketch plan submitted for a conventional subdivision. Such yield plan shall illustrate all proposed lots, streets, rights-of-way and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey. Nevertheless, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, existing easements or encumbrances, the type of sewage system proposed, and, if not sewered, the suitability of soils for subsurface sewage disposal. The yield plan shall also be based on minimum lot sizes and other development standards for the zoning district involved.

G. Only one-family detached and two-family dwellings shall be employed in this concept. All other dwelling types shall be considered multifamily dwellings.

H. Development standards for lot size, lot width and lot depth may be reduced, provided no dwelling structure (one-family or two-family) is located on less than 40,000 square feet of land where on-site sewer and water facilities are to be provided or 7,500 square feet of land where centrally supplied sewer and water facilities are to be provided; and further provided the total density (in individual dwelling units) for the tract shall not exceed that which would result from a conventional subdivision plan designed in accord with this chapter. Yard requirements may also be reduced, but in no instance to less than 20 feet.

I. No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection. No less than 50% of the total land area of the conservation subdivision shall be dedicated to permanent open space and at least 25% of the such open space shall be usable for active recreational activities by residents of the subdivision and not include water bodies, wetlands, floodplains, slopes over 25% in grade or other undevelopable areas.

J. The open space resulting from conservation subdivision design shall be permanently protected through a conservation easement titled to a property owner's association (HOA), land conservancy, municipality or similar entity, prior to the sale of any lots or dwelling units by the subdivision. Membership in any HOA shall be mandatory for each property owner within the subdivision and successive owners with voting of one vote per lot or unit and the subdivided control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. All restrictions on the ownership, use and maintenance of common open space shall be permanent, and the HOA shall be responsible for liability insurance, local taxes, and maintenance of all open space, recreational facilities and other commonly held amenities. Each property owner must be required to pay their proportionate share of the HOA's cost, and the HOA must be able to file liens on the lot/unit owner's property if levied assessments are not paid. The HOA must also have the ability to adjust the assessment to meet changing needs.

§ 175-22 Signs.

A. All signs shall comply with the standards provided below.

B. All freestanding signs and signs of more than 24 square feet in total surface area on one side, including wall signs, shall be submitted to the Planning Board for review and approval prior to permit issuance.

C. All applications submitted to the Planning Board shall be acted upon within 62 days of receipt.

D. Planning Board approval.

(1) The Planning Board shall review sign applications relative to the appropriateness and compatibility of their design, shape, materials, colors, illumination, legibility, location and size. It may approve, approve with modifications, or disapprove signs. Approval shall be based on consistency with the design criteria established by the Planning Board, which may include the following:

(a) Signs should be a subordinate part of the landscape viewed from the road.

(b) Signs in a given area should exhibit visual continuity, complementing each other rather than competing for attention.

(c) Multiple signs should be combined into one to avoid clutter.

(d) Signs should be as close to the ground as possible and pole signs shall ordinarily not be allowed.

(e) A sign's design should be consistent with the architectural character of the building on which it is placed and not cover any architectural features on the building. It should be sized and located to preserve a human perspective.

(f) Garish colors and materials should be avoided.

(g) Any sign should be located so as to not interfere in any way with the fifty-foot clear-sight triangles required for public safety by highway travelers or pedestrians.

(h) The sign must not be an overhead danger or obstacle to persons below.

(i) The size of the sign should be the minimum which will achieve ready visibility without becoming an unnecessary distraction from the highway view or detriment to the highway scenery.

(j) The sign should never block the view of any other signs.

(k) The sign should be of good construction quality that is easy to maintain in safe condition and good appearance.

(l) Sign materials and design should be compatible with the surrounding natural landscape.

(m) The sign should not substantially interfere with the views to and from other enterprises or residences.

(n) Signs illuminated from the inside by a low-wattage light source or highlighted by light bars of similar characteristics are preferable to signs lighted from exterior sources.

(o) All freestanding signs of 32 square feet or more in surface area on one side shall require landscaping around the base of the sign. The size of the landscape area shall be approved as part of the sign permit. Landscape plans shall be submitted and shall include the size, species, location and spacing of plant materials, method of separating the planter from the adjacent area and the irrigation plan for maintaining the landscape materials.

(2) The Planning Board shall be authorized to clarify and expand upon these review criteria, provided it shall do so in writing, and its actions are consistent with the intent of this chapter. It may also develop design examples and other materials to visually explain these review criteria.

E. The following regulations shall apply to all signs:

(1) A sign shall be permitted only in connection with a permitted use or for purposes of specifically directing drivers to a business or service location in or adjacent to the Town.

(2) All signs shall be immediately removed when the reasons for their erection no longer apply.

(3) Signs shall not be permitted on the roof or above the roof line of the building to which they are attached.

(4) No part of any sign shall project above the top or beyond the ends of the wall surface upon which it is located or extend more than 18 inches perpendicular from such surface.

(5) Signs, other than official traffic signs, shall comply with side yard setbacks as established for principal structures in the district where the sign is located.

(6) No sign shall use any word, phrase, symbol or character that such sign could reasonably be interpreted by a motorist as being a public safety warning or traffic sign.

(7) No light shall be permitted that by reason of intensity, color, location, movement or directions of its beam may interfere with public safety.

(8) No sign or other advertising material or merchandise displayed for such purpose shall be attached to any tree, utility pole, public structure or other object not intended for such use.

(9) A portable sign shall be considered a freestanding sign and be subject to all regulations pertaining to such signs. All portable signs shall require permits however.

(10) No sign shall exceed in height 1/2 its distance from the highway right-of-way, notwithstanding any other height limitation which may also be applicable.

F. Business and property owners are encouraged to submit master signage plans for their properties, which plans shall specify the location, dimensions, type, design and number of all signs to be erected on the property now or in the future. Such plans shall be prepared by a landscape architect, architect, sign designer, engineer or other qualified professional and shall identify existing signs, signs proposed for installation, anticipated future sign locations, temporary sign locations and the design criteria which shall apply to all signs to be erected on the property. These plans shall be adopted by the property owners, who shall agree that all signs to be constructed by them or any of their tenants or occupants now or in the future shall comply with the standards therein. A master signage plan may also be submitted for contiguous multiple properties.

G. All master signage plans shall be submitted for approval to the Planning Board which shall be guided by the design review criteria provided above. The Board, in acting upon a master signage plan, may waive any of the standards contained herein relating to numbers or sizes of any signs other than pole signs, billboards and projecting signs, provided it is satisfied the master signage plan will meet the review criteria and the specific purposes of this chapter. When the Board has approved such a plan, no further permits will be required for any sign which is in compliance with the plan.

H. The owner, lessee or occupant of any parcel of land may erect and maintain on such land not more than one freestanding sign or one freestanding sign per 200 linear feet of lot frontage up to a total of three signs, whichever shall be greater.

(1) If such signs are pole signs or portable signs, they shall not exceed 32 square feet each in surface area for both sides combined, shall not exceed 20 feet in height and shall be setback from the edge of the highway right-of-way line no less than 25 feet. All pole signs shall be separated by a distance of no less than 100 feet.

(2) If such signs are ground signs, they shall be permitted, provided they do not exceed 64 square feet each in surface area for both sides combined or six feet in height.

(3) Name plate signs shall be permitted on all lots, provided they do not exceed two square feet in surface area or one in number per lot.

I. The signs physically attached to a business building and flush thereto or extending out no more than 18 inches from an exterior structural wall surface shall not be counted in the number of signs permitted hereunder but the total area of such signage shall not exceed 15% of any given exterior structural wall surface or more than 10% of all exterior structural wall surfaces combined. Wall signs covered by this provision shall include any material meeting the sign definition, including merchandise displayed with the purpose of advertising and signs in windows. They shall also include signage or merchandise displayed on, from or against other structures or vehicles for the purpose of advertising a message.

J. Signs connected with residential properties.

(1) Signs connected with residential properties shall be limited to the following and nothing herein contained shall prevent the placement of the following signs in any other district:

(a) Signs bearing the words "sold" or "rented" or similar phrases, together with the name of the person effecting sale or rental. Such signs shall be removed within 14 days after the sale, rental or lease.

(b) Signs advertising the sale or development of the premises upon which they are erected, when erected by a building, contractor, developer or other person interested in such sale or development, provided the size of such sign is not in excess of 32 square feet for both sides combined or 20 square feet for a single-sided sign.

(c) Signs advertising a permitted home occupation or office, provided such signs do not exceed 32 square feet in area for both sides combined or 20 square feet for a single-sided sign and satisfy other applicable requirements.

(2) Not more than two signs shall be placed upon any property unless such property fronts upon more than one street, in which event two such signs may be erected on each frontage. No signs shall be illuminated.

K. Signs to provide for the normal and safe flow of traffic into and out of the place of business, such as entrance, exit and parking signs, shall be permitted in excess of the limitations provided herein. Such signs shall be of a size no greater than necessary for persons of normal vision to observe.

L. Bus shelter signs shall be considered freestanding signs and be subject to all regulations pertaining to such signs.

M. Special advertising signs or banners not exceeding 64 square feet in total surface area shall be permitted, including, but not limited to, signs announcing to the general public any special events, such as commercial sales days, cultural or entertainment attractions or charitable activities. These shall be permitted for the length of the activity, but in no case exceeding 30 days after the event. Political signs shall be permitted on a similar basis.

N. Where permitted, signs shall be illuminated only by a steady, stationary (excepting for indicators of time and temperature), shielded light source directed solely at the sign, without causing glare for motorists, pedestrians or neighboring premises. The illumination shall not make the sign resemble traffic signals or be excessively bright. Neon signs shall be limited to two square feet in surface area.

O. Existing nonconforming signs may be repaired or reconstructed on the same site, but shall not be relocated or increased in size. Any nonconforming sign abandoned for sign purposes for more than 90 days or damaged to the extent of 50% or more of the replacement cost value shall be immediately removed.

P. No owner of any sign or lessee or owner of any land upon which the sign is located shall permit such sign to become unsightly or in disrepair so as to endanger the public or to become a public nuisance.

Q. In the event such a sign is not repaired or properly restored or removed within 30 days after written notice has been given to the owner of the sign or lessee of the land upon which the sign is located, the governing body may institute appropriate legal action to end the violation (including, but limited to, removal and disposal of the damaged sign), abate the nuisance and assess the costs associated therewith to the violator.

§ 175-23 Planned commercial development.

To facilitate the growth of employment and ensure a viable tax base for the Town of Montour and to prevent conflicts between commercial/industrial and other uses, planned commercial development subdistricts may be established by the Town Board to accommodate planned industrial or office parks and shopping centers. Such PCD subdistricts may be approved by the Town Board for any tract of 25 acres or larger in size in a B-1 or RD District. Such PCD subdistricts shall be subject to the following:

A. The entire lot shall be planned and designed as a unit to provide maximum functional efficiency and aesthetic quality. In the case where detailed building plans are not available, design guidelines for siting, orientation, size and materials of buildings shall be noted on the plans submitted for site plan review. Certain facilities, such as roadways, parking areas, utilities, drainage, screening and other landscaping and employee recreation facilities, may be shared among the uses in the industrial office park or shopping center.

B. Exterior walls of adjacent buildings shall be no closer than 1 1/2 times the height of the higher building wall, but in no case closer than 50 feet.

C. All facilities shall be served by approved sewer and water supply systems, and the Planning Board may, as a condition of approval of such developments, require the improvement of any necessary facilities off site, including access roads necessary to serve such development.

D. In all cases, the uses may occupy leased premises or the premises may be owned as part of the condominium or cooperative or the premises may be subdivided and sold; however, there must be a central managing agency, acceptable to the Town Board, that is responsible for the improvement and maintenance of common facilities and for the general management of the development.

E. In all cases, the development shall be subject to special use approval in accordance with the procedures set forth herein. The Planning Board may waive standards for side yard setbacks within the development and other development standards set forth on the Schedule of District Regulations for the underlying district, provided that the minimum requirements are met along the perimeter of the development and the range of uses proposed is consistent with the underlying district. Any such waiver shall refer to standards that the Planning Board finds to be more appropriate for the specific site and the uses proposed and shall be subject to review by the Building Inspector III.

F. Application for approval of a PCD subdistrict shall be made in writing to the Town Board. Applications shall be made by the owner(s) of record of the area to be occupied by the building project and shall be accompanied by the nonrefundable application fee in the amount as the Town Board shall, from time to time, set by resolution.

G. The Town Board shall refer the application to the Planning Board. The applicant shall furnish necessary data, including maps and plans showing topography, building types and layout, setback, off-street parking and loading, ingress and egress, signs, existing and proposed amenities, such as screening, planting and ornamental features, and such other data and plans as may be required for an understanding of the proposed project.

H. The data maps and plans submitted with the application shall be prepared in sufficient detail that the Planning Board will be able to determine, among other things, the following:

(1) The specific location of principal and accessory buildings on the site in relation to one another and to other structure in the vicinity.

(2) Existing state, county or Town highways which provide access to the site.

(3) The vehicular traffic circulation features within the site, including proposed highways to be dedicated to the Town, if any, proposed roadways and driveways, and the number, size and location of automobile parking areas, unloading areas, and access to such areas.

(4) The height, bulk and general architectural style of buildings and the intended use for each such building.

(5) The pedestrian circulation and open space in relation to structures.

(6) The location, type and size of display signs, driveways and landscape features.

(7) The safeguards to be provided to minimize possible detrimental effects of the proposed use on adjacent properties on the neighborhood in general.

(8) The type and location of water supply system, storm drainage system, if any, and the sanitary waste collection and disposal system to be installed in the development.

I. The Planning Board shall hold a public hearing on any such proposed building project as finally submitted to it for approval. After the public hearing the Planning Board shall approve, approve with modifications, or disapprove the applications and shall report its findings to the Town Board.

J. Should the Planning Board disapprove a building project within a proposed PCD subdistrict, the said application shall be approved by the Town Board only upon a vote of four of the five members thereof in the affirmative. Should the Planning Board approve a building project within a proposed PCD subdistrict with modifications, which the applicant is unwilling to make, the Town Board may approve such project with such stipulations or conditions as it deems necessary to achieve the general objectives of this section.

K. A building project within a planned development district shall conform in all respects to the approved plans. Building project approval may be granted by the Town Board only after final construction plans and specifications for site preparation of the building project area have been filed with and approved by the Town Board. Plans and specifications for site preparation shall include, among other things, plans and profiles of:

(1) Streets, highways and roadways.

(2) The sanitary sewage disposal system.

(3) The water supply system.

(4) The storm drainage system.

L. Before granting approval for a building project, the Town Board may require the applicant to furnish a performance bond in connection with the construction involved in the preparation of the building site and/or in connection with construction of buildings. The amount of such bond and the amount of any liability insurance to be furnished shall be determined by the Town Board.

M. Before granting approval for a building project, the Town Board may require that evidence of such other approvals by appropriate governmental agencies as are normally required in connections with the collection and disposal of surface and subsurface waters, the connection and disposal of sanitary wastes and the provisions of an adequate water supply be submitted to it.

N. If construction work on the proposed building project is not begun within the time limits specified in the building project approval, approval of the project application shall become null and void and all rights therein shall cease unless the Town Board, for good cause, authorizes an extension.

O. All conditions imposed by the Town Board, including those the performance of which are conditions precedent to the issuance of any building project approval necessary for the development of any part of the entire site, shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of the area.

P. Applications for building permits for each structure in a building project shall be made to the Building Inspector III of the Town of Montour and shall be subject to all rules and regulations of the Town pertaining to the issuance of such building permits.

§ 175-24 Route 14 and Route 224 design criteria.

A. Purpose and findings. The Town of Montour recognizes the area along State Routes 14 and 224 as important gateways through the Town, the Villages of Montour Falls, Odessa and Watkins Glen, and the Finger Lakes Region. The Town finds development of this area in a visually attractive manner and enhancement of traffic and pedestrian safety in this area are important to the general welfare of the community.

B. Design review and design standards. All development fronting on Routes 14 and 224 shall comply with design guidelines and development standards as shall be determined by the Planning Board and may include the following:

(1) Building placement and site development layout shall respectfully incorporate the site's topography, existing vegetation and other unique features. Spatial relationship between buildings and other structures shall be geometrically logical and/or architecturally formal (i.e., not haphazard or random). On a lot with multiple buildings, those located on the interior of the site shall front towards and relate to one another, both functionally and visually, and may be organized around features such as courtyards, greens or quadrangles. Smaller, individualized groupings of buildings are encouraged. Buildings shall be sited to provide adequate and safe fire and emergency access.

(2) New construction affecting existing buildings of historically traditional architectural design within the community shall respect the existing height, bulk, scale and style of the existing architecture wherever practical. Materials used may be required to be of a similar color, texture and style of the existing architecture, excepting that the Town may require conversion to permanent structures in the cases of changes or additions to seasonal use buildings.

(3) Buildings shall relate in scale and design features to the surrounding buildings, showing respect for existing and neighborhood architecture. Buildings shall avoid long, monotonous uninterrupted walls or roof planes. Building wall offsets, including projections, recesses, and changes in floor level, shall be used in order to add architectural interest and variety, and to relieve the visual effect of a simple, long wall. Similarly, roofline offsets shall be provided, in order to provide architectural interest and variety to the massing of the building and to relieve the effect of a single, long roof.

(4) All materials, colors and architectural details used on the exterior of the building shall be compatible with the building's style and with each other. A building designed of an architectural style that normally includes certain integral materials, colors and/or details shall incorporate such into its design.

(5) The architectural treatment of the front facade shall be continued, in its major features, around all sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials colors and details. Blank walls or unscreened service areas along side and/or rear elevations are discouraged.

(6) All nonresidential uses shall prepare a landscaping plan consistent with the requirements of § 175-18, Landscaping, screening and buffer regulations. Existing trees over eight inches dbh shall be incorporated in the site design to the maximum extent practical, as shall be determined by the Planning Board, and none shall be removed prior to site plan review and approval. Plant suitability, maintenance and compatibility with site and construction features are critical factors which shall be considered for areas landscaping along the building foundation; between the building and sidewalks and between the sidewalk and the roadways; within and around parking areas; and between the sidewalk and front of building.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(7) Driveway, sidewalk/walkway and curb materials shall be functional and compatible with the style, materials, colors and details of the surrounding buildings. The selection and use of pavement and curb materials shall consist of a stable material. Modular masonry materials, such as brick blocks, slate and concrete pavers, or cast-in-place materials, such as exposed aggregate concrete slabs, shall be used, whenever possible, on sidewalks, pedestrian walkways and pathways. Granite, concrete or Belgian block shall be used for curbs, except as may be required to accommodate storm drainage measures. Asphalt shall not be permitted for sidewalks or curbs. Transitions in paving patterns or materials shall provide a smooth and continuous surface.

(8) Site access is required to be located at the point closest to the side property line to provide for a shared entrance with the adjoining property. If an adjacent property is already developed with an existing appropriately located access, opportunities for the shared use of the existing access shall be exhausted prior to consideration of separate access to the property. The Planning Board may require the establishment of easements as appropriate.

(9) Where properties adjoin others with sidewalks, sidewalks with a minimum width of five feet shall be provided along the property's street frontages and at least eight feet shall be provided between the edge of the sidewalk and the back of curb or shoulder and shall be designed in accordance with applicable standards. These standards may be modified by the Planning Board to accommodate existing and adjacent sidewalks.

(10) In addition to otherwise applicable parking standards contained herein, parking areas within the districts may be unpaved partially or wholly except for handicap accessible parking areas and travelways, but shall be of an appropriate material as set forth therein. Off-street parking and loading facilities shall generally be placed to the rear and/or on one side and with minimal parking between the front lot line and the buildings. At the time of change of use, or expansion, alteration or renovation of an existing use, existing parking at the front of the property of preexisting buildings shall require, at minimum, a ten-foot wide landscape buffer consisting of a hedgerow, berm or combination to screen the parking area from the adjacent road. Parking lot layout, landscaping, buffering and screening shall prevent direct views of parked vehicles from streets and sidewalks, avoid spill-over light, glare, noise or exhaust fumes onto adjacent properties, in particular adjacent to residential properties. Parking areas shall be accessed by means of shared or common driveways, preferably from side streets or lanes. Off-street parking areas of less than 25 spaces shall, wherever possible, be interconnected with parking areas on adjacent properties. Cross-access easements for adjacent lots with interconnected parking areas shall be required.

(11) Adequate lighting which provides security and visual interest shall be provided, while minimizing adverse impacts, such as overhead skyglow and glare on adjacent properties and the public rights-of-way. The maximum height from the ground to top of any lighting fixture shall be 15 feet if not mounted on a building. Lighting shall be decorative and blend with the architectural style of the development and surrounding area. Lighting fixtures attached to the exterior of the building shall be architecturally compatible with the styles, materials, colors and details of the building. Any outdoor lighting fixture shall be shielded in such a manner that the edge of the shield is below the light source and direct rays from the light source are confined to the property boundaries, except for access areas to commercial uses where additional lighting may be needed where such access intersects with a public road or walkway. In no instance shall site access lighting spill into the roadway of any public roads; and direct rays shall be prevented from escaping toward the sky. Lighting on all externally lit signs shall be mounted above the sign and focus on the sign from above the sign.

(12) Signs shall be compatible with building style in terms of location, scale, color and lettering, and in proportion with the size of the building and existing area signage. Signs shall fit within the existing facade features, shall be confined to signable areas, and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade where they are located. Signs located along highway must be integrated into site landscaping. New signs shall be subject to site plan review. Existing signs being altered shall also be modified to comply. All sign standards otherwise applicable shall also be met.

(13) Utilities for new projects must be installed underground if on same side of the road. When possible, existing abovegrade utilities shall be placed underground.

(14) Sites shall be maintained in accordance with the approved plans and shall be free of litter. Landscaping shall be appropriately maintained; dead, dying or diseased landscaping shall be replaced as needed. Every land use shall include adequate provisions for waste disposal, as determined by the Planning Board based upon documentation submitted by the applicant. Enclosure of waste storage facilities shall also be required.

§ 175-25 Telecommunications facilities.

A. No telecommunications facility, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications facility unless in conformity with these regulations. New telecommunications facilities, physical expansions of existing telecommunications facilities or the location of telecommunications facilities within or on other existing structures shall require special use permits and site plan review hereunder. Applicants proposing to co-locate new telecommunications arrays on previously approved telecommunications facilities without extending the height thereof or otherwise physically expanding the facilities, except for additional equipment buildings within previously designated fenced-in areas, shall not require special use permits or site plan review, but shall require accessory use permits. All applications for special use permits to construct telecommunications facilities shall be accompanied by the following additional information where applicable:

(1) Documentation of intent from the owner of any existing facility to allow shared use of the same.

(2) A site plan depicting all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads.

(3) A professional engineer's report certifying that any proposed shared use will not diminish the structural integrity and safety of the existing structure, and explaining what modifications, if any, will be required in order to so certify.

(4) A completed visual environmental assessment form addendum. This addendum shall be accompanied by a visual impact assessment, including a zone of visibility map, which shall be provided in order to determine locations where the tower may be seen. Visual representations of before and after views from key viewpoints both inside and outside of the Town, including, but not limited to, state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.

(5) A certified copy of the Federal Communications Commission (FCC) license to operate the telecommunications facility.

(6) If land is leased, documentation of intent from the owner to allow use and affirming intent to remove the tower if abandoned, obsolete or unused for more than 24 months.

(7) A letter of intent committing the owner of any proposed new tower and successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future.

(8) Documentation that the proposed tower adequately addresses all aspects of aviation safety in view of known local aviation traffic as well as Federal Aviation Regulations (Code of Federal Regulations, Part 77).

(9) A site location alternative analysis, including an analysis of the location priorities set forth above, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen.

B. Special definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

A device of 35 or more feet in height used to collect or transmit telecommunications or radio signals. Examples are: panels, microwave dishes, and single poles known as "whips." This definition is not meant to include home television or amateur radio apparatus.

ARRAY

Telecommunications signal receiving or transmitting device attached to telecommunications tower and not extending the height thereof.

TELECOMMUNICATIONS EQUIPMENT BUILDING

The building in which the electronic receiving and relay equipment for a telecommunications facility is housed.

TELECOMMUNICATIONS FACILITY

Consists of the equipment and structures involved in receiving or transmitting telecommunication or radio signals, but limited to those facilities with respect to which the state and federal governments have not, under public utility laws, strictly preempted the Town of Montour from regulating.

TOWER

A structure of 35 or more feet in height that is intended to support equipment used to transmit and/or receive telecommunications signals. Examples of such structures include monopoles and lattice construction steel structures.

C. The following design and location standards shall apply to all telecommunications facilities:

(1) An eight-foot-high security fence shall completely surround the tower (and guy wires if used) and equipment building.

(2) The tower and antenna shall be designed and constructed to all applicable standards of the American National Standards Institute, TAI/EIA-222-F Manual, as amended, and withstand wind gusts of up to 100 miles per hour.

(3) 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 building or structure.

(4) Telecommunications facilities shall be permitted in any B-1 or RD District.

(5) Minimum yards of 200 feet shall be provided on all sides of telecommunications facilities. A telecommunications facility shall be permitted on a property with an existing use, provided the minimum yard shall apply to the area proposed for use as a telecommunications facility and the land remaining for accommodation of the principal use on the lot shall comply with the standard minimum yard provisions of the district.

(6) Telecommunications towers shall not exceed 250 feet in height.

(7) Where an antenna for a telecommunications facility is to be attached to an existing structure or building, it shall extend a maximum of 75 feet above the existing building or structure. Illustrations shall be provided for all such facilities.

(8) Notwithstanding minimum setbacks provided for above, any tower shall be set back from all property lines a distance that is at least equal to the height of the tower.

(9) Vehicular access shall be provided to the facility and be of such passable condition as to be safely accessible by emergency and maintenance vehicles and equipment. Road construction shall, at all times, minimize ground disturbance.

(10) No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.

D. Telecommunications facilities shall be subject to all the ordinary review criteria applicable to special uses, plus the following:

(1) The Planning Board shall be satisfied that the tower for the telecommunications facility is the minimum height necessary for the service area and that the site chosen is the one that will afford the opportunity to construct the lowest height telecommunications tower possible, taking into consideration all lands available within a reasonable distance, including those which may lie within adjoining municipalities.

(2) The need for additional buffer yard treatment shall be evaluated. Proximity of the telecommunications structure to existing or platted residential properties shall be considered in applying such requirements. Existing trees on the site which serve to provide a natural buffer shall be preserved unless absolutely required to be removed for purposes of access or safety.

(3) Visual assessment data shall be used to determine how the telecommunications facility will appear once constructed in relation to the surrounding natural environment and from the perspective of adjacent or nearby residents as well as travelers. Camouflaging or relocation of the structure may be required. The Planning Board shall also consider alternative sites in assessing visual impacts and the imposing of conditions as may be required to minimize such impacts, including requirements that any tower be of a shape, contour and finish (either painted or unpainted) that minimizes its visual impact. The Planning Board may also require a tower to be in the shape of a tree, flagpole, church steeple or other similar tall structures. Accessory structures shall similarly maximize the use of building materials, colors and textures designed to blend with natural surroundings.

(4) Freestanding pole-type telecommunications structures shall be given preference over towers supported by guy wires.

(5) All telecommunications structures shall be lighted for safety in a manner consistent with industry best practices and where lighted additional setbacks may be imposed to shield adjacent properties from the effects of such lighting.

(6) Should any tower cease to be used as a telecommunications facility, the owner or operator of the tower or then owner of the land on which the tower is located shall be required to remove the same within one year from the abandonment of use. Failure to do so shall authorize the Town of Montour to remove the facility and charge back the cost of removal to the foregoing parties. The Town of Montour may also file a municipal lien against the land to recover the costs of removal and attorney's fees.

(7) Shared use of existing structures (for example, municipal water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be given preference over construction of new towers. Where shared use of all existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D(1) of this section above. Any proposals for a new telecommunications tower on an existing site shall also be subject to special use permit procedures.

(8) An applicant for approval of a telecommunications structure shall include with the application evidence of written contact with all wireless service providers who supply service within the Town for the purpose of assessing the feasibility of co-located facilities, and co-location shall be mandatory wherever physically feasible. Should co-location not be feasible, the applicant shall demonstrate that a good-faith effort has been made to mount the antenna on an existing building or structure, including of proof of contacts, building investigations and similar evidence. Should such efforts fail to result in a suitable site, a new telecommunications tower may be permitted, but shall be constructed to provide available capacity for other providers should there be a future additional need for such facilities, including provision of the necessary tower height to accommodate such other users without adding additional height in the future. Where co-location is proposed, the different companies using the facility shall also work from common maintenance and service buildings, if the same are located on the site.

§ 175-26 Wind generation facilities.

A. No wind energy facility shall be constructed, reconstructed, modified, or operated in the Town of Montour except by first obtaining a wind energy facility permit as provided under this chapter. No permit or other approval shall be required under this chapter for mechanical, nonelectrical wind turbine utilized solely for agricultural operations or for providing power to a single-family dwelling. Replacement in-kind or modification of a wind energy facility may occur without Planning Board approval when: 1) there shall be no increase in total height; 2) no change in the location of the wind turbine; 3) no additional lighting or change in facility color; and 4) no increase in noise produced by the wind turbine. No transfer of any wind energy facility or wind energy facility permit, nor sale of the entity owning such facility shall eliminate the liability of an applicant nor of any other party under this chapter. Any failure to comply with the terms of this chapter shall be grounds for the revocation of the wind energy facility permit.

B. As used in this section, the following terms shall have the meanings indicated:

NEW YORK INDEPENDENT SYSTEM OPERATOR (NYISO)

NYISO is a not-for-profit organization formed in 1998 as part of the restructuring of New York State's electric power industry. Its mission is to ensure the reliable, safe and efficient operation of the state's major transmission system and to administer an open, competitive and nondiscriminatory wholesale market for electricity in New York State.

TOTAL HEIGHT

The height of the tower and the furthest vertical extension of the wind turbine.

WIND ENERGY FACILITY

Any wind turbine, small wind turbine or wind measurement tower or combinations of these, including all related infrastructure, electrical lines and substations, access roads and accessory structures.

WIND MEASUREMENT TOWER

A tower used for the measurement of meteorological data, such as temperature, wind speed and wind direction.

WIND TURBINE

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of more than 100 kW and which is intended to produce power for distribution on the utility grid.

WIND TURBINE (SMALL)

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended primarily to reduce consumption of utility power at that location.

C. Application requirements. A complete application for a wind energy facility permit shall include all information required for any special use or site plan review application, plus the following, to the extent applicable:

(1) A copy of an executed interconnection agreement with NYISO and the transmission owner.

(2) Location, approximate dimensions and types of major existing structures and uses on the site, public roads, and adjoining properties within 500 feet of the boundaries of any proposed wind turbines, or 1 1/2 times the total height of such wind turbines, whichever shall be greater.

(3) Location and elevation of each proposed wind turbine.

(4) Location of all above and below ground utility lines on the site as well as transformers, the interconnection point with transmission lines, and other ancillary facilities or structures.

(5) Locations of buffers as required by this chapter.

(6) Location of the nearest residential structure(s) on the site and located off the site, and the distance from the nearest proposed wind turbine.

(7) All proposed facilities, including access roads, electrical substations, storage or maintenance units, and fencing.

(8) A vertical drawing of the wind turbine showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors.

(9) A lighting plan showing any FAA-required lighting and other proposed lighting.

(10) 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, the gross weights and heights of those loaded vehicles.

(11) An operations and maintenance plan providing for regular periodic maintenance schedules, any special maintenance requirements and procedures and notification requirements for restarts during icing events.

(12) A decommissioning plan that addresses the anticipated life of the wind turbine, the estimated decommissioning costs and the method of ensuring funds shall be available for decommissioning and restoration.

(13) A complaint resolution process to address complaints from nearby residents. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.

(14) A full environmental assessment form, as provided by the New York State Environmental Quality Review Act (SEQRA).

(15) A study of potential shadow flicker, including a graphic to identify locations where shadow flicker may be caused by the wind turbines and expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures to be taken to eliminate or mitigate problems.

(16) A visual impact study of the proposed wind turbines as installed, which may include a computerized photographic simulation and digital elevation models demonstrating visual impacts from strategic vantage points. Color photographs of the site accurately depicting existing conditions shall be included. The visual analysis shall also indicate color treatment of system components and any visual screening to be incorporated into the project to lessen the system's visual prominence.

(17) A noise analysis by a competent acoustical consultant documenting the noise levels associated with the proposed wind turbine, existing noise levels at site property lines and at the nearest residence not on the site. The noise analysis shall include low-frequency noise. The applicant shall also submit plans for post-development noise monitoring.

(18) An assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication.

(19) An assessment of the impact of the proposed development on the local flora and fauna, including migratory and resident avian species.

D. Wind energy facility development standards. The following standards shall apply to wind energy facilities in the Town of Montour, unless specifically waived by the Planning Board.

(1) All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.

(2) No television, radio or other communication antennas may be affixed or otherwise made part of any wind turbine, except with approval by the Town of Montour Planning Board. Applications may be jointly submitted for wind turbine and telecommunications facilities.

(3) No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.

(4) No tower shall be lit except to comply with Federal Aviation Administration (FAA) requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the wind energy facility development plan.

(5) All applicants shall use measures to reduce the visual impact of wind turbines to the extent possible. Wind turbines shall use tubular towers. All structures in a project shall be finished in a single, nonreflective matte finished color or a camouflage scheme. Wind turbines within a multiple wind turbine project shall be generally uniform in size geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.

(6) Guy wires shall not be permitted except to address unique safety issues and then only with specific permission by the Planning Board in the form of a waiver.

(7) No wind turbine shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other communication systems would produce electromagnetic interference with signal transmission or reception. If it is determined a wind turbine is causing electromagnetic interference, the operator shall take necessary corrective action to eliminate this interference, including relocation or removal of the facilities, or resolution of issues with the affected parties. Failure to remedy electromagnetic interference is grounds for revocation of the wind energy facility permit for the specific wind turbine or wind turbines causing the interference.

(8) All construction debris shall be removed from the site or otherwise disposed of in a manner acceptable to the Planning Board.

(9) Wind turbines shall be designed to minimize the impacts of land clearing and the loss of important open spaces. Development on agricultural lands shall follow the Guidelines for Agricultural Mitigation for Windpower Projects published by the State Department of Agriculture and Markets, to the maximum extent practicable.

(10) Wind turbines shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity.

(11) No shadow flicker shall be permitted on any off-site residences.

(12) 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.

(13) Wind energy facilities shall be gated or fenced to prevent unrestricted public access to the facilities and reduce any attractive nuisance aspects of the use.

(14) Warning signs shall be posted at the entrances to the wind energy facility and at base of each tower warning of electrical shock or high voltage and containing emergency contact information.

(15) No climbing pegs or tower ladders shall be located closer than 15 feet to the ground level at the base of the structure for freestanding single pole or guyed towers.

(16) The minimum distance between the ground and any part of the rotor or blade system shall be 30 feet.

(17) Wind turbines shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.

(18) Construction and delivery vehicles for wind turbines and/or associated facilities shall propose, and the Planning Board shall approve or modify, designated traffic routes to minimize traffic impacts from construction and delivery vehicles, wear and tear on local roads and impacts on local business operations.

(19) The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a wind turbine. A public improvement bond may be required prior to the issuance of any building permit in an amount, determined by the Planning Board, sufficient to compensate the Town for any damage to Town or county roads if any of these roads will be among the designated traffic routes. The applicant shall consult with the Town Highway Superintendent and/or the Schuyler County Department of Public Works to obtain a written recommendation for bonding form and amount, which form and amount shall be approved by the Planning Board.

(20) Each wind turbine shall be set back a distance of 500 feet or 1 1/2 times the total height of the largest wind turbine, whichever shall be greater, from any public road, off-site residence, lodging facility, public building, church and other institution. No wind turbine shall be located within its own total height of a site boundary line.

(21) The statistical sound pressure level generated by a wind turbine shall not exceed L10 - 30 dBA measured at the nearest residence located off the site. Sites can include more than one piece of property, and the requirement shall apply to the combined properties. Independent verification by an acoustical engineer certified with the Institute of Noise Control Engineering shall be provided before and after construction demonstrating compliance with this requirement.

(22) In the event audible noise due to wind energy facility operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection C(17) of this section shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I.

(23) Should the ambient noise level (exclusive of the development in question) exceed the applicable standard given above, the applicable standard shall be ambient dBA plus five dBA. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is exceeded for more than six minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public buildings. Ambient noise level measurements shall be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation.

(24) An applicant may, with approval from the Planning Board, meet noise and setback standards by obtaining written consents from affected property owners stating they are aware of the wind energy facility and the noise and/or setback limitations imposed by this chapter, and that consent is granted to allow noise levels to exceed the maximum limits provided herein or reduce setbacks to less than required. Such consents shall be in the form required for easements and be recorded in the County Clerk's office describing the benefited and burdened properties. Such easements shall be permanent and shall state that they may not be revoked without the consent of the Planning Board, which consent shall be granted upon either the decommissioning of the benefited wind turbine in accordance with this chapter, or the acquisition of the burdened parcel by the owner of the benefited parcel or the wind turbine. No such easement shall permit noise levels at any other location within or outside the areas prescribed to exceed the limitations of this chapter.

E. The Planning Board shall, within 120 days of determining the application is complete, and upon consideration of the standards in this chapter, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated. This time period may be extended with consent of the applicant. Should the applicant not consent to such an extension and the time period elapse without a decision, the application shall be considered approved without conditions. If approved, the Planning Board shall direct the Town Building Inspector III to issue a wind energy facility permit upon satisfaction of all conditions for said permit, and upon compliance with the New York State Building Code. If any approved wind energy facility is not substantially commenced within two years of issuance of the wind energy facility permit, the wind energy facility permit shall expire, unless the Planning Board shall have granted an extension.

F. If any wind turbine remains nonfunctional or inoperative for a continuous period of 24 months, or if the wind energy facility permit shall expire, the operator of such facility shall remove said system at its own expense following the requirements of the decommissioning plan. Removal of the system shall include at least the entire aboveground structure, including transmission equipment and fencing, from the property. This provision may, at the Town's discretion, be waived if the operator demonstrates to the Town that it has been making good-faith efforts to restore the wind turbine to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after public hearing.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

G. The applicant shall fund periodic noise testing by a qualified independent third-party acoustical measurement consultant, which may be required as often as biannually, or more frequently upon request of the Planning Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the wind energy facility permit and this chapter and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the Planning Board to cure any deficiency. An extension of the ninety-day period may be considered by the Planning Board, but the total period may not exceed 180 days.

H. A wind turbine shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a wind turbine become inoperable, or should any part of the wind turbine be damaged, or should a wind turbine violate a permit condition or otherwise be determined by the Town to be deficient in any respect, the owner or operator shall remedy the situation within 90 days after written notice from the Planning Board. An extension of the ninety-day period may be considered by the Planning Board, but the total period may not exceed 180 days, except at the Planning Board's discretion upon good cause shown.

I. Should a wind turbine not be repaired or made operational or brought into permit compliance after said notice, the Town may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular time frame, or order revocation of the wind energy facility permit for the wind turbine and require its removal within 90 days. If the wind turbine is not removed, the Planning Board shall have the right to use any security posted as part of the decommission plan to remove the wind turbine.

J. Installation of wind measurement towers, also known as anemometer towers, shall be permitted, upon the issuance of a wind energy facility permit, to determine the wind speeds and the feasibility of using particular sites. The distance between a wind measurement tower and the property line shall be at least 1 1/2 times the total height of the tower. Wind energy facility permits for wind measurement towers shall be issued for a period of two years and shall be renewable upon application to the Planning Board. Other development standards as set forth above for wind energy facilities shall be applied to the maximum extent practicable, as determined by the Planning Board, recognizing the temporary nature of wind measurement towers.

K. The Planning Board is hereby authorized to approve, approve with conditions, or disapprove small wind turbine applications designed for residential, farm, institutional and business use on the same parcel. Such applications shall be processed in the same manner as those prescribed above for all wind energy facilities, but may be appropriately modified by the Planning Board to reflect the scale of the proposed facility. All small wind turbine shall comply with the following standards and, to the maximum extent practicable, with all other requirements of this chapter not in conflict herewith:

(1) A system shall be located on a lot a minimum of one acre in size; however, this requirement can be met by multiple owners submitting a joint application.

(2) Only one small wind turbine per legal lot shall be allowed, unless there are multiple applicants, in which their joint lots shall be treated as one site for purposes of this chapter.

(3) Small wind turbine shall be used primarily to reduce the on-site consumption of electricity.

(4) Total heights shall be a maximum of 100 feet on parcels between one and five acres and 150 feet or less on parcels of five or more acres.

(5) The maximum turbine power output is limited to 100 kW.

(6) Tower-climbing apparatus shall be located no closer than 12 feet from the ground, a locked anticlimb device shall be installed on the tower or a locked, protective fence of at least six feet in height that encloses the tower shall be installed to restrict tower access.

(7) Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not 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 sheathed in bright orange or yellow covering from three feet to eight feet above the ground.

§ 175-27 Right-to-farm protections.

Nothing herein is intended in any way to adversely affect the right-to-farm provisions under New York State Law. Should any provision of this chapter conflict in any way with said provisions, the latter shall control.

§ 175-28 Adult uses.

A. Findings. Based upon recent studies evaluating the nature and extent of adverse secondary effects caused by adult uses in residential and commercial areas, including a 1996 study by the City of Newburgh, a 1994 study by the City of New York, and a 1980 study by the City of Islip, the Town Board hereby finds adult uses have negative secondary impacts, such as a deterioration of community character and quality of life, depreciation of property values, increase in crime rates, and the blighting or downgrading of surrounding neighborhoods and commercial uses.

B. Purpose. In the development and execution of this section, it is recognized there are some adult uses which, because of their very nature, are recognized as having serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of surrounding neighborhoods or land uses, increase crime or police calls, contribute to the spread of prostitution and AIDS, increase the quantity of transients in residential and commercial areas, cause a deterioration in the quality of life in residential neighborhoods, increase the accessibility of adult-oriented material and entertainment to minors, and encourage residents and businesses to locate elsewhere.

C. Separation requirements applicable to adult uses. Adult uses shall be limited to existing B-1 Districts. They shall be considered special uses subject to site plan review. Because adult uses can lend themselves to ancillary unlawful and unhealthy activities, they shall also be separated from other uses that could be severely impacted by their presence or that, in combination with the adult uses, accentuate the negative impacts on the area. These distances shall be measured in a straight line, without regard to intervening obstacles, from the nearest portion of the structure incorporating any aspect of the adult use to the nearest property line of the premises incorporating any of the above-listed uses.

(1) No adult use shall be located within a five-hundred-foot radius of a RD Zoning District.

(2) No adult use shall be located outside a B-1 Zoning District or within a one-thousand-foot radius of the property of any residence, residential facility, institution, health facility, child-care center, church, synagogue, other place of religious worship, school, public or semi-public use, public park or recreation facility, youth oriented center, playground or playing field, cemetery, other adult use or any establishment that sells alcoholic beverages.

D. Exterior display prohibited. No adult use shall be conducted in any manner that allows the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way. This provision shall apply to any display, decoration, sign, show window or other opening.

E. Signage. Adult use signage shall be limited to one approved ground sign not to exceed a surface area of 36 square feet for both sides combined.

F. Nonconforming buildings. No nonconforming building or lot shall be used for an adult use.

G. Activities. Because they are known to encourage prostitution, increase sexual assaults and attract criminal activity, the following activities shall not be permitted in any adult-oriented or other business or any other public place within the Town of Montour:

(1) Public appearance by a person knowingly or intentionally engaged in specified sexual activities.

(2) The knowing and intentional public appearance of a person in a state of nudity.

(3) Touching of patrons or the performance by any entertainer in an adult use facility within six feet of the nearest patron.

(4) Sale of alcoholic beverages.

H. Loudspeakers. No loudspeaker or similar audio equipment used to describe or discuss specified anatomical areas or specified sexual activities shall be audible beyond the exterior of the structure in which it is located.