The intent of this article is to establish requirements for
all development to assure compliance with the articles of this chapter
and the Town Comprehensive Plan.
Every development shall comply with the applicable provisions
of this article.
A lot shall be sized and arranged to not create any degree of
nonconformance with this chapter.
A.
Insofar as possible, a lot shall not have direct access with a primary
road. Access shall be from a marginal access road or a road other
than a primary road.
B.
Where a watercourse separates a buildable area of a lot from a road
with which the lot has vehicle access, installation of a bridge or
other structure spanning the watercourse shall be subject to the same
design criteria and review as all other stormwater drainage facilities
in a development.
A.
Intent. It is the intent of this section to assure that all developments
provide for safe and adequate access to a lot proposed for development.
This intent is furthered by requiring that all development that proposes
to contain a new Town road, private road and/or internal drive be:
(1)
Designed to provide for:
(2)
Arranged to:
(a)
Separate through traffic from neighborhood traffic insofar as
practical;
(b)
Be coordinated to compose a connected system;
(c)
Be laid out to provide suitable future road connection with
an adjoining lot;
(d)
Conform to the requirements of the Americans with Disabilities
Act (ADA); and
(e)
Minimize total impervious surface while fulfilling all other
requirements.
B.
Road and drive requirements.
(1)
A development proposal subject to site plan review as provided in Article IV, § 525-20, shall show and detail all design features for a Town road, private road and/or internal drive sufficient to document compliance with the intent of this section and the Standard for Road Construction in the Town of Southport.
(2)
A traffic study or analysis may be required to support design considerations
and/or to validate the mitigation of any traffic impacts associated
with a development.
All development shall provide for off-road parking in accordance
with the following provisions:
A.
It shall be the responsibility of the owner of a lot to provide off-road
parking spaces for any use which is created, enlarged, or altered
after the effective date of this chapter.
B.
A parking space shall be a minimum dimension of nine feet by 18 feet,
exclusive of pedestrian access, drive or internal drive, and have
access from a drive or internal drive.
C.
Each parking area shall conform to the requirements of the Americans
with Disabilities Act (ADA).
D.
The lighting of off-road parking areas shall comply with the requirements set forth in § 525-117.
E.
For the purpose of calculating required parking spaces for any use
in which patrons and/or spectators occupy benches, pews, or other
similar seating facility, each 20 inches of linear dimension of such
seating shall be counted as one seat.
F.
An off-road parking area for a residential use shall be restricted
to noncommercial vehicles only.
G.
If a use on a lot and a lot are under separate ownership, the right
to joint use of a parking lot must be evidenced by a deed, lease,
contract or other appropriate document. Such document shall be provided
to the Planning Board for inclusion in the site plan record.
H.
A required parking area, drive and internal drive on a lot shall
not be used for the display of merchandise, goods or wares offered
for sale or connected with the use of a lot.
[Amended 11-12-2019 by L.L. No. 5-2019 (Res. No. 161-2019)]
The minimum number of parking spaces in a parking area for a
use shall be as follows:
|
Use
|
CN
|
CR
|
AR/R1/R2/R3
|
I
|
C
|
|---|---|---|---|---|---|
|
RESIDENTIAL
| |||||
|
Single-unit dwelling
|
2 per unit
|
N/A
|
2 per unit
|
N/A
|
N/A
|
|
2-unit dwelling
|
1.5 per unit
|
1.5 per unit
|
1.5 per unit
|
N/A
|
N/A
|
|
Multiunit dwelling
|
1.5 per unit
|
1.5 per unit
|
1.5 per unit
|
N/A
|
N/A
|
|
Alternative dwelling park
|
N/A
|
N/A
|
1.5 per unit
|
N/A
|
N/A
|
|
Bed-and-breakfast (up to 4 rooms)
|
Per SPR
|
Per SPR
|
0.5 per bedroom
|
N/A
|
N/A
|
|
Inn (up to 12 rooms)
|
0.5 per room
|
N/A
|
Per SPR
|
N/A
|
N/A
|
|
Boardinghouse (up to 6 rooms)
|
Per SPR
|
N/A
|
N/A
|
N/A
|
N/A
|
|
Live-work unit
|
1 per 1,000 square feet of gross floor area
|
1 per 1,000 square feet of gross floor area
|
1 per 1,000 square feet of gross floor area
|
N/A
|
N/A
|
|
ACCESSORY USES
| |||||
|
Accessory use/structure
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
|
Day care - family home
|
None required other than for single-unit dwelling
|
None required other than for single-unit dwelling
|
None required other than for single-unit dwelling
|
None required other than for single-unit dwelling
|
None required other than for single-unit dwelling
|
|
Day care - group family home
|
None required other than for single-unit dwelling
|
None required other than for single-unit dwelling
|
None required other than for single-unit dwelling
|
None required other than for single-unit dwelling
|
None required other than for single-unit dwelling
|
|
Home occupation
|
1 per employee
|
N/A
|
1 per employee
|
N/A
|
N/A
|
|
Seasonal business
|
1 per 500 square feet of gross floor area
|
1 per 500 square feet of gross floor area
|
1 per 500 square feet of gross floor area
|
N/A
|
N/A
|
|
Cottage industry
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
|
GENERAL USES
| |||||
|
Airport/heliport
|
N/A
|
N/A
|
Per SPR
|
Per SPR
|
N/A
|
|
Agriculture
|
N/A
|
N/A
|
1 for every 100 square feet of area devoted to sales or display
|
1 for every 100 square feet of area devoted to sales or display
|
1 for every 100 square feet of area devoted to sales or display
|
|
Agriculture, personal
|
None required
|
None required
|
None required
|
None required
|
None required
|
|
Churches
|
1 per 400 square feet of gross floor area
|
N/A
|
1 per 400 square feet of gross floor area
|
N/A
|
N/A
|
|
Club - rod and gun
|
N/A
|
N/A
|
Per SPR
|
N/A
|
N/A
|
|
Club, membership
|
Per SPR
|
Per SPR
|
1 per 1,000 square feet of gross floor area
|
N/A
|
N/A
|
|
Day care/nursery school
|
Per SPR
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
|
Golf course - driving range
|
N/A
|
N/A
|
Per SPR
|
N/A
|
Per SPR
|
|
Kennel
|
Per SPR
|
N/A
|
Per SPR
|
N/A
|
N/A
|
|
Nursing home, convalescent home
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
|
Private school
|
1 per 5 seats in the auditorium
|
1 per 5 seats in the auditorium
|
1 per 5 seats in the auditorium
|
N/A
|
N/A
|
|
Public/government use
|
1 per 500 square feet of gross floor area
|
1 per 500 square feet of gross floor area
|
1 per 500 square feet of gross floor area
|
1 per 500 square feet of gross floor area
|
1 per 500 square feet of gross floor area
|
|
Public utility
|
Per SPR
|
Per SPR
|
Per SPR
|
Per SPR
|
Per SPR
|
|
Roadside stand
|
1 for every 50 square feet of area devoted to sales or display
|
1 for every 50 square feet of area devoted to sales or display
|
1 for every 50 square feet of area devoted to sales or display
|
N/A
|
1 for every 50 square feet of area devoted to sales or display
|
|
Stable, commercial
|
N/A
|
N/A
|
Per SPR
|
N/A
|
N/A
|
|
Stable; private
|
N/A
|
N/A
|
0.5 per bay
|
N/A
|
N/A
|
|
BUSINESS USES
| |||||
|
Adult uses
|
N/A
|
N/A
|
N/A
|
Per SPR
|
N/A
|
|
Amusement game center
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Antique or craft shop
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
|
Bank, financial institutions
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Bar and nightclub
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Barbershops and beauty shops
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
|
Campground
|
N/A
|
N/A
|
Per SPR
|
N/A
|
Per SPR
|
|
Car wash
|
Per SPR
|
Per SPR
|
N/A
|
Per SPR
|
N/A
|
|
Convenience food mart
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Cultural uses, museums
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Crematory
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Drive-through uses
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Fitness center/health club
|
Per SPR
|
Per SPR
|
N/A
|
Per SPR
|
N/A
|
|
Flea market
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Funeral home
|
1 per 400 square feet of gross floor area
|
1 per 400 square feet of gross floor area
|
N/A
|
N/A
|
N/A
|
|
General business office
|
1 per 500 square feet of gross floor area
|
1 per 500 square feet of gross floor area
|
N/A
|
N/A
|
N/A
|
|
Hotel/motel
|
1 per room
|
1 per room
|
N/A
|
N/A
|
N/A
|
|
Medical clinic
|
1 per 400 square feet of gross floor area
|
1 per 400 square feet of gross floor area
|
N/A
|
N/A
|
N/A
|
|
Mini storage
|
Per SPR
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
|
Motor vehicle filling station
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Press publishing
|
N/A
|
N/A
|
N/A
|
Per SPR
|
N/A
|
|
Nursery, plants
|
Per SPR
|
N/A
|
Per SPR
|
N/A
|
N/A
|
|
Personal service
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Photographic studio
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Professional office
|
1 per 400 square feet of gross floor area
|
1 per 400 square feet of gross floor area
|
N/A
|
1 per 400 square feet of gross floor area
|
N/A
|
|
Recreational use, commercial
|
Per SPR
|
N/A
|
N/A
|
N/A
|
Per SPR
|
|
Restaurant, fast-food
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Restaurant, standard
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Retail, specialty low-profile
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Retail use other than listed
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Self-service laundry
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Specialized repair
|
Per SPR
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
|
Storage facility
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
N/A
|
|
Theater - single and multiplex
|
N/A
|
Per SPR
|
N/A
|
N/A
|
N/A
|
|
Vehicle repair
|
Per SPR
|
Per SPR
|
N/A
|
Per SPR
|
N/A
|
|
Vehicle sales
|
Per SPR
|
Per SPR
|
N/A
|
Per SPR
|
N/A
|
|
Vehicle sales and repair - heavy equipment
|
Per SPR
|
Per SPR
|
N/A
|
Per SPR
|
N/A
|
|
INDUSTRIAL USES
| |||||
|
Agriculture, industrial
|
N/A
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
|
Contractor's equipment storage/maintenance
|
N/A
|
Per SPR
|
Per SPR
|
Per SPR
|
N/A
|
|
Extraction, commercial
|
N/A
|
N/A
|
Per SPR
|
Per SPR
|
Per SPR
|
|
Fuel bulk storage terminal
|
N/A
|
N/A
|
N/A
|
Per SPR
|
N/A
|
|
Manufacture, fabrication, assembly and other materials handling,
including offices and showrooms
|
N/A
|
N/A
|
N/A
|
Per SPR
|
N/A
|
|
Research facilities
|
N/A
|
N/A
|
N/A
|
Per SPR
|
N/A
|
|
Salvage yard
|
N/A
|
N/A
|
N/A
|
Per SPR
|
N/A
|
|
Trucking terminals
|
N/A
|
N/A
|
N/A
|
Per SPR
|
N/A
|
|
Warehousing, wholesale and retail distribution centers, including
offices
|
N/A
|
N/A
|
N/A
|
Per SPR
|
N/A
|
|
Wind farm
|
N/A
|
N/A
|
Per SPR
|
Per SPR
|
N/A
|
In the interest of protecting and preserving the groundwater
quality and quantity, no use in the Town shall be permitted to have
more than five parking spaces per 1,000 square feet of gross floor
area unless such development plans document the need for such additional
parking and that, with quantifying analysis, such parking is determined
to not adversely impact the aquifer or groundwater. Such additional
parking must be specifically approved by the Planning Board.
Whenever a fraction of a space is required, a full space shall
be provided.
A.
Parallel curb parking: twelve-foot aisle width for one-directional
flow, and twenty-two-foot aisle width for two-directional flow.
B.
Thirty-degree parking: thirteen-foot aisle width for one-directional
flow, and twenty-two-foot aisle width for two-directional flow.
C.
Forty-five-degree parking: sixteen-foot aisle width for one-directional
flow, and twenty-two-foot aisle width for two-directional flow.
D.
Ninety-degree parking: twenty-two-foot aisle width.
A.
AR, R1 and R2 Districts. Required vehicle parking spaces shall be
provided either in a garage or in a drive that is located on the same
lot and is readily accessible to a road or drive.
B.
R3, CN, CR and I Districts.
(1)
Required vehicle parking for residential uses may be provided by
on-road parking, where permitted.
(2)
For nonresidential uses, such spaces shall be provided on the same lot or not more than 400 feet therefrom, provided that the criteria in § 525-71 are met.
(3)
Vehicles and equipment for display or for sale shall not be parked
or stored within 25 feet of a road right-of-way.
The Planning Board shall, in the review of all site plans, consider
the potential for synergism to exist between adjoining uses and may
require that parking areas be designed to accommodate traffic movement
between lots without reentering the road system to lessen traffic
volumes and turning movement conflicts and provide proper sight distances.
Off-road parking requirements may be waived in whole or in part
upon finding by the Planning Board that:
A.
Satisfactory municipal off-road parking facilities are available within 400 feet of the lot containing the subject use and with proper pedestrian access in accordance with § 525-71G.
C.
The applicant documents that the specific use routinely requires
fewer parking spaces than those required under this article.
All off-road parking, with the exception of the parking area
for a single- or two-unit dwelling, shall be provided with a suitable
all-weather, dust-free surface, and all individual parking spaces
shall be visibly marked with paint or other durable and suitable material.
The use of porous pavement for the parking spaces shall be encouraged.
A.
For all off-road parking areas greater than 15 parking spaces, a
minimum of 10% of the area devoted to off-road parking shall be landscaped
islands or other landscaping areas with lawn, trees, shrubs or other
plant materials. These landscaped islands or other landscaping areas
shall be constructed at or below grade to allow for the inflow of
surface runoff from the parking areas.
B.
To the extent practicable, green infrastructure practices, such as
bioretention areas, landscaped islands and rain gardens, should be
incorporated into the landscaping requirements.
A.
In order to accommodate the usage of the same parking spaces for
two or more different land uses, requiring different principal hours
of use, a lower number of the required parking spaces may be permitted.
Subsequent changes in land uses within the mixed-use development or
the adjacent parcels that share parking shall require a new occupancy
permit and proof that sufficient parking will be available.
B.
Eligibility. The shared parking regulations shall apply to mixed-use
developments that combine multiple different uses on one parcel and
to multiple different uses on adjacent parcels that agree to share
parking spaces.
C.
The required minimum parking spaces for shared parking shall be computed
as follows:
(1)
Determine the minimum amount of parking spaces required for each
land use as though it were a separate use.
(2)
Using the table below, determine the number of spaces needed by each
use for each of the four time periods by multiplying the parking required
for each use by the corresponding percentage of use for that time
period.
(3)
Calculate the total number of spaces needed for all uses for each
time period.
(4)
The time period with the highest number of parking spaces required
for the sum of all uses shall be the number of parking spaces required.
(5)
Shared parking table.
|
Use
|
Weekday
|
Weekend
| |||
|---|---|---|---|---|---|
|
Daytime
(8:00 a.m. - 6:00 p.m.)
|
Evening
(6:00 p.m. - 11:00 p.m.)
|
Daytime
(8:00 a.m. - 6:00 p.m.)
|
Evening
(6:00 p.m. - 11:00 p.m.)
| ||
|
Office/industrial
|
100%
|
10%
|
10%
|
5%
| |
|
Retail/personal services
|
60%
|
90%
|
100%
|
70%
| |
|
Hotel
|
75%
|
100%
|
75%
|
100%
| |
|
Residential
|
50%
|
75%
|
100%
|
80%
| |
|
Restaurant
|
75%
|
100%
|
100%
|
100%
| |
|
Entertainment/ recreational
|
40%
|
100%
|
80%
|
100%
| |
|
All other uses
|
100%
|
100%
|
100%
|
100%
| |
D.
To apply for usage of the shared parking requirement, a table shall
be submitted showing the breakdown of the gross floor area devoted
to each of the above land use categories. The total amount of required
parking shall be tabulated by use and time period. The time period
requiring the highest number of parking spaces shall be selected as
the basis for the shared parking requirement.
E.
Agreement for shared parking plan. A shared parking plan shall be
enforced through written agreement. An attested copy of the agreement
between the owners of record shall be submitted to the Zoning Officer,
who shall forward a copy to the Town Attorney for review and approval.
Proof of recordation of the agreement shall be presented to the Zoning
Officer prior to issuance of a certificate of occupancy. The agreement
shall:
(1)
List the names and ownership interest of all parties to the agreement
and contain the signatures of those parties;
(2)
Provide a legal description of the land;
(3)
Include a site plan showing the area of the parking parcel;
(4)
Describe the area of the parking parcel and designate and reserve
it for shared parking unencumbered by any conditions which would interfere
with its use;
(5)
Agree and expressly declare the intent for the covenant to run with
the land and bind all parties and all successors in interest to the
covenant;
(6)
Assure the continued availability of the spaces for joint use and
provide assurance that all spaces will be usable without charge to
all participating uses; and
(7)
Describe the method by which the covenant shall, if necessary, be
revised.
In all districts, except the CN District, for a lot or structure
which is to be occupied by industrial, commercial, business or similar
uses requiring the receipt and/or distribution by vehicles of materials
or merchandise, there shall be provided and maintained, on said lot,
off-road loading berths.
|
Use
|
Gross Square Feet of Floor Area
|
Vehicle Loading Berth Requirements
|
|---|---|---|
|
Retail, wholesale storage and other similar business use
|
3,000 to 15,000
|
1
|
|
15,001 to 40,000
|
2
| |
|
Each 25,000 additional
|
1
| |
|
Motels, hotels, restaurants, office building
|
90,000 or less
|
1
|
|
90,001 to 300,000
|
2
| |
|
Each 200,000 additional
|
1
| |
|
Industrial use
|
15,000 or less
|
1
|
|
15,001 to 40,000
|
2
| |
|
40,001 to 90,000
|
3
| |
|
Each 40,000 additional
|
1
|
Each loading berth, either open or enclosed, shall be a minimum
of 55 feet long, 12 feet wide and 14 feet high; except business uses
utilizing vehicles not larger than panel trucks may have berths which
are a minimum of 20 feet long, 10 feet wide and nine feet high.
Loading berths are to be located in such a way that vehicles
occupying berths do not interfere with the movement of people and
vehicles on public ways and within on-site parking areas.
Areas around loading berths shall be provided with buffer as required in § 525-111.
A.
Intent. An accessory structure or use shall not create an impact
on the environment that is any more significant than that of the principal
use.
B.
Accessory structure requirements.
(1)
Accessory structures must comply with the dimensional requirements
for the district in which they are located.
(2)
No accessory structure shall be closer to a principal or other accessory
structure than six feet or a distance equal to the height of the accessory
building, whichever is greater.
(3)
No accessory structures shall be located between the principal building
line and the street, unless said accessory structure is located more
than 200 feet from the public right-of-way or meets the following
exceptions:
(a)
Certain accessory structures located on a lot in accordance
with an approved site plan, such as a detached garage or carport as
part of a building group; or
(b)
An enclosure of any portion of a yard for a dog or cat, but
not including a pen, dog run or kennel; or
(c)
An animal pen or enclosure used in conjunction with the keeping
of or maintaining of agriculture livestock and/or horses, or an agriculture
use or agricultural industrial use.
(4)
Accessory structures larger than 1,500 square feet of gross floor
area which are associated with nonagricultural uses or accessory structures
which are associated with nonagricultural uses that increase the sum
of the gross floor area of the existing and the proposed accessory
structures to 1,500 square feet or more are subject to site plan review.
C.
Exceptions to accessory building locations. Exceptions to accessory
structure and building setback requirements with respect to a lot
and adjoining lot having a common lot line are as follows:
(1)
The minimum accessory structure and building setback requirements as set forth in dimensional requirements for the zone in which it is located may be reduced under the following conditions, unless otherwise stipulated in Chapter 245 of this Code:
(a)
When the adjoining lot has an existing accessory structure and
building located adjacent to the common lot line and within less than
the minimum accessory building setback; and
(b)
When a lot proposed to contain an accessory structure and building
adjacent to the common lot line is 150 feet or less in lot width.
A.
Only one accessory dwelling per family shall be permitted.
B.
The owner(s) of the one-unit dwelling with which the accessory dwelling
is located shall occupy at least one of the dwelling units on the
premises.
C.
An accessory dwelling unit may be located either in the principal
building or in an accessory building.
The purpose of this section is to promote and protect the public
health, welfare and safety by regulating existing and proposed outdoor
advertising signs and outdoor signs of all types. It is intended to
protect property values and the character of the zoning districts
in the Town as stated herein. It is also intended to create a more-attractive
economic and business climate by promoting attractive signs which
clearly present the visual message in a manner that is compatible
with their surroundings. By so doing, it is intended to enhance and
protect the physical appearance of the community, preserve the scenic
and natural beauty and provide a more-enjoyable and pleasing community.
It is further intended hereby to reduce sign or advertising distractions
and obstructions that may contribute to traffic safety issues, provide
more visual open space, and curb the deterioration of the community's
appearance and attractiveness.
A.
Principal use signs.
(2)
Facade: a sign painted on, inscribed on or attached to an exterior surface of a building containing a general, business or industrial use or accessory use associated with the general, business or industrial use listed in § 525-20 and without having any portion thereof extending more than eight inches from the building surface.
(3)
Projecting: a sign attached to and having any portion thereof extending more than eight inches from the surface of a building containing a general, business or industrial use listed in § 525-20.
(4)
Representational: any three-dimensional principal use sign, which
is either a projecting or freestanding sign and constructed to physically
represent the object advertised.
(5)
Farm: a sign, not illuminated, used to identify a farm, ranch, stable,
or other agricultural use.
(6)
Freestanding: a sign supported by a structure independent of a building and installed on a lot containing a general, business or industrial use listed in § 525-20.
(7)
Directory: a sign that contains the names of principal uses in a
mall.
(8)
Residential: a sign not illuminated and identifying the name of the
owner or occupant of or fanciful name of a residential lot or property.
(9)
Real estate: a temporary sign not illuminated and used to offer or
advertise a lot or real property for sale or lease.
(10)
Mall: a sign installed on a lot or building of a mall and used
to identify or landmark the name of the mall. Such sign shall be a
facade, freestanding or awning sign.
(11)
Monument: a sign, not illuminated, installed on a lot in an
approved residential subdivision, alternative dwelling park, or multiunit
dwelling development, used to memorialize or landmark the name of
the development.
B.
Accessory signs.
(1)
Directional: a sign only indicating direction or calling attention
to vehicular or pedestrian traffic entrances by displaying arrows
or directional words.
(2)
Mandated: any sign required by a federal, New York State, Chemung
County or local law or rule.
(3)
Memorial: a nonilluminated sign authorized by the Town Board, Chemung
County Legislature, or the governor or legislature of the State of
New York to honor or identify a person, organization or place of local
or regional historic interest or importance.
(4)
Portable: a sign that is temporary and not permanently affixed to
the ground or structure and capable of being transported or removed
from a lot.
(5)
Real estate: a temporary sign not illuminated and used to offer or
advertise a lot or real property for sale or lease.
(6)
Sandwich board: a two-sided A-frame, temporary sign not illuminated
and placed on and without any physical attachment to the ground.
(7)
Service: a sign, not illuminated, that directs travelers to essential
services, such as gas, food and lodging or a hospital, and installed
in a right-of-way, under the jurisdiction of a government authority.
(8)
Construction: a temporary sign not illuminated and used on property
under construction to denote a contractor, design engineer and/or
developer or development.
(9)
Poster: a temporary sign not illuminated and used to advertise a
not-for-profit community event or show, political candidate or issue
and/or an election.
(10)
Civic: a sign used to identify a civic or religious organization,
place of worship, social or membership club or an educational institution
and which may be installed in a right-of-way under the jurisdiction
of a government authority.
(11)
Community promotion: a sign designed to promote the Town of
Southport and welcome visitors to the Town.
(12)
Occupation: a sign not illuminated and used to identify an approved
home occupation or cottage industry.
(13)
Roadside stand: a temporary sign not illuminated and used to
identify a roadside stand.
(14)
Awning: a sign painted, printed, affixed or displayed on an awning attached to an exterior surface of a building containing a general, business or industrial use listed in § 525-20.
A.
All signs shall comply with the following requirements:
(1)
The installation of a sign, except for a residential, occupation, farm, poster and window sign, and as provided in § 525-93, requires a building permit.
(2)
No sign shall be located at or near an intersection in violation of § 525-99, clear vision zone requirements, or in any manner which may cause a traffic hazard at the intersection. A sign shall not be located where, by reason of the position, shape, or color of the sign, it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device, nor shall any sign make use of the word "stop," "look," "drive-in," "left," or "right" or any other word, phrase, symbol, or character in such a manner as to distract, mislead or confuse traffic.
(3)
No sign shall be placed on a roof or on a cupola or similar roof-mounted
structure or on top of a parapet or similar architectural element
of a building.
(4)
No sign shall be more than 20 feet in height above the finished grade
or the grade shown on a grading plan of a site plan approved by the
Planning Board. Grading of a site for the purpose of raising the elevation
of a sign contrary to this subsection is prohibited, except as shown
in an approved site plan.
(5)
Each sign on a lot shall be set back a minimum of five feet from
any lot line or right-of-way; no sign shall be permitted in a right-of-way.
(6)
Any illuminated sign or lighting device shall employ only lights
of constant intensity, and no sign shall be illuminated by or contain
flashing, intermittent or moving light or lights. The provisions of
this section shall not be applied so as to prohibit a sign changing
to show time, temperature, or event or tour schedules.
(7)
Any off-lot sign is prohibited.
B.
The following requirements apply to a principal use sign:
(1)
A projecting or freestanding sign projecting over a pedestrianway
shall have a clearance of not less than 10 feet above the way or finished
grade. Projecting signs shall not extend horizontally more than three
feet from the plane of the building wall. The mounting device of such
sign shall be permitted to extend an additional six inches. A projecting
or freestanding sign shall not project over a road. No projecting
or freestanding sign shall project over a drive, internal drive or
parking area unless the sign has a clearance from finished grade of
15 feet.
C.
The following requirements apply to an accessory sign:
(1)
A portable sign may be allowed only for a cumulative time period
not to exceed 14 days, five times in any calendar year.
(2)
Wherever a service and community promotion sign is installed, its
sign area shall not exceed the permitted sign area for a freestanding
sign in the underlying zoning district in which it is located.
(3)
A construction sign shall be removed within 15 days of the completion
of construction or the issuance of any certificate of occupancy or
compliance, whichever occurs first.
(4)
A poster sign may be displayed 30 days prior to an event, show or
election and shall be removed within 48 hours after the last day of
the event, show or election.
(5)
Every directional sign shall not project more than six feet above the finished grade and shall not be located in such a manner as to violate any provisions of § 525-99.
(6)
When computing time restrictions for each temporary sign, any fraction
of a week used shall be construed to be one full week.
No building permit shall be required for any sign listed below,
provided that they are displayed and located as follows:
|
Permitted Sign From § 525-91
|
Maximum Sign Area Per Face — Total All Signs
(square feet)
|
Location Permitted
|
Number of Signs Permitted
|
Temporary Sign Time Restriction
|
|---|---|---|---|---|
|
Memorial
|
4
|
On a lot and installed no higher than 10 feet from finished
grade or in a right-of-way as permitted by the authority having jurisdiction
|
1 for any lot or in the right-of-way as permitted by the authority
having jurisdiction
|
Not applicable
|
|
Construction
|
32
|
On a lot and no higher than 10 feet above finished grade and located in accordance with § 525-92
|
1 for any single construction site or development
|
As prescribed in § 525-92C(3)
|
|
Mandated
|
As permitted by the authority having jurisdiction
|
As prescribed by the authority having jurisdiction
|
As permitted by the authority having jurisdiction
|
Not applicable
|
|
Service
|
As permitted by the authority having jurisdiction; see § 525-92C(2)
|
In a right-of-way as permitted by the authority having jurisdiction
|
As permitted by the authority having jurisdiction
|
Not applicable
|
|
Civic
|
4
|
In a right-of-way as permitted by the authority having jurisdiction
|
As permitted by the authority having jurisdiction
|
Not applicable
|
|
Roadside stand
|
16
|
On a lot
|
3
|
To be displayed only during the time the roadside stand is open
to the public
|
A.
Sign requirements for a residential use and an accessory use associated with the residential use, listed in § 525-20 and located in an R1, R2, R3, or CN Zoning District, are as follows, except that the maximum total signage all signs shall not exceed 12 square feet for any use:
|
Permitted Sign From § 525-91
|
Maximum Sign Area Per Face
(square feet)
|
Location Permitted
|
Number of Signs Permitted
|
Temporary Sign Time Restriction
|
|---|---|---|---|---|
|
Real estate
|
4
|
On a lot offered for sale or lease
|
1
|
Sign shall be removed 10 days after the date of closing for
the sale of the property
|
|
Occupation cottage industry
|
4
|
Affixed to a dwelling unit or on a post and no higher than 8 feet above finished grade and located in accordance with § 525-92
|
1
|
Not applicable
|
|
Poster
|
12
|
On a lot with the authorization of such owner and in accordance with § 525-92
|
1 for each individual event or show, political candidate or
issue and/or election that specifically pertains to the Town of Southport
|
As prescribed in § 525-92C(4)
|
|
Real estate subdivision
|
32
|
On a lot in the approved subdivision
|
1
|
Sign shall be removed within 10 days of the sale of the final
lot
|
|
Monument
|
20
|
On a lot in an approved subdivision, park or development
|
2, but each 1 of 2 in a subdivision being on a different lot
therein
|
Not applicable
|
B.
Sign requirements for general use and an accessory use associated with the general use, listed in § 525-20 and located in any zoning district, are as follows, except that in no instance shall the maximum aggregate sign area for any use, excluding the sign area of any monument sign, be greater than 60 square feet in the R1, R2, and R3 Zoning Districts and 160 square feet in the AR, CN and CR Zoning Districts:
|
Permitted Sign From § 525-91
|
Maximum Sign Area Per Face
(square feet)
|
Location Permitted
|
Number of Signs Permitted
|
Temporary Sign Time Restriction
|
|---|---|---|---|---|
|
Real estate
|
32
|
On a lot offered for sale or lease
|
1
|
Sign shall be removed 10 days after the date of closing for
the sale of the property
|
|
Poster
|
20
|
On a lot with the authorization of such owner and in accordance with § 525-92
|
1 for each individual event or show, political candidate or
issue and/or election
|
As prescribed in § 525-92C(4)
|
|
Facade
|
The lesser of 10% of the area of the side of the building the
sign is installed on or 80 square feet of the side
|
On a building containing the principal use
|
1
|
Not applicable
|
|
Projecting
|
12
|
On a building containing the principal use
|
1
|
Not applicable
|
|
Freestanding
|
40
|
On a lot
|
1
|
Not applicable
|
|
Directional
|
6
|
Near a drive entrance and located in accordance with § 525-92
|
1 for each drive, per traffic flow direction
|
Not applicable
|
|
Portable
|
40
|
On a lot of the principal use and located in accordance with § 525-92
|
1
|
As prescribed in § 525-92C(1)
|
|
Community promotion
|
40
|
On a lot with the authorization of such owner and in accordance with § 525-92
|
1 per location
|
Not applicable
|
C.
Sign requirements for a business use, except in a mall, and an accessory use associated with the business use, listed in § 525-20 and located in an AR or CN Zoning District, are as follows, except that the maximum aggregate sign area for any use shall not exceed 250 square feet:
|
Permitted Sign From § 525-91
|
Maximum Sign Area Per Face
(square feet)
|
Location Permitted
|
Number of Signs Permitted
|
Temporary Sign Time Restriction
|
|---|---|---|---|---|
|
Real estate
|
40
|
On a lot offered for sale
|
1
|
Sign shall be removed 10 days after the date of closing for
the sale of the property
|
|
Poster
|
20
|
On a lot with the authorization of such owner and in accordance with § 525-92
|
1 for each individual event or show, political candidate or
issue and/or election
|
As prescribed in § 525-92C(4)
|
|
Facade, including window signs
|
The lesser of 25% of the area of the side of the building the
sign is installed on or 150 square feet of the side
|
On the side of the principal building that faces a road
|
3 for each facade and principal use
|
Not applicable
|
|
Projecting
|
12
|
On the side of the principal building that faces a road
|
1 for each principal use
|
Not applicable
|
|
Freestanding
|
40
|
On a lot of the principal use
|
1 for each principal use
|
Not applicable
|
|
Directional
|
6
|
Near a drive entrance and in accordance with § 525-92
|
1 for each drive per direction
|
Not applicable
|
|
Portable
|
40
|
On a lot of the principal use and located in accordance with § 525-92
|
1
|
As prescribed in § 525-92C(1)
|
|
Community promotion
|
40
|
A lot with the authorization of such owner and in accordance with § 525-92
|
1
|
Not applicable
|
|
Awning
|
The lesser of 20% of the area of the side of the building the
sign is installed on or 100 square feet of the side
|
On the side of the principal building that faces a road
|
1 for each principal use
|
Not applicable
|
|
Window
|
A minimum of 30% of the egress door/window areas shall be free
of signs
|
On a window in a principal building
|
Not applicable
|
Not applicable
|
D.
Sign requirements for a business use, except in a mall, and an accessory use associated with the business use, listed in § 525-20 and located in a CR and I Zoning District, are as follows, except that the maximum aggregate sign area for any use shall not exceed 750 square feet for any use:
|
Permitted Sign From § 525-91
|
Maximum Sign Area Per Face
(square feet)
|
Location Permitted
|
Number of Signs Permitted
|
Temporary Sign Time Restriction
|
|---|---|---|---|---|
|
Real estate
|
40
|
On a lot offered for sale or lease
|
1
|
Sign shall be removed 10 days after the date of closing
|
|
Poster
|
20
|
On a lot with the authorization of such owner and in accordance with § 525-92
|
1 for each individual event or show, political candidate or
issue and/or election
|
As prescribed in § 525-92C(4)
|
|
Facade
|
The lesser of 25% of the area of the side of the building the
sign is installed on or 350 square feet of the side
|
On the side of the principal building that faces a road
|
1 for each principal use and 1 for each accessory use
|
Not applicable
|
|
Projecting
|
24
|
On the side of the principal building that faces a road
|
1 for each principal use and 1 for each accessory use
|
Not applicable
|
|
Freestanding
|
100
|
On a lot of the principal use
|
1 for each principal use and 1 for each accessory use
|
Not applicable
|
|
Directional
|
6
|
Near a drive entrance and located in accordance with § 525-92
|
1 for each approved drive
|
Not applicable
|
|
Portable
|
40
|
On the lot of the principal use and located in accordance with § 525-92
|
1
|
As prescribed in § 525-92C(1)
|
|
Community promotion
|
40
|
On a lot with the authorization of such owner and in accordance with § 525-92
|
1
|
Not applicable
|
|
Awning
|
The lesser of 20% of the area of the side of the building the
sign is installed on or 200 square feet of the side
|
On the side of the principal building that faces a road
|
1 for each principal use and 1 for each accessory use
|
Not applicable
|
|
Window
|
A minimum of 30% of any egress door/window shall be free from
all signs
|
On any window of a principal building
|
Not applicable
|
Not applicable
|
E.
Sign requirements for a mall located in a CN, CR or I Zoning District
are as follows, except that the maximum aggregate sign area for any
use shall not exceed 500 square feet:
|
Permitted Sign From § 525-91
|
Maximum Sign Area Per Face
(square feet)
|
Location Permitted
|
Number of Signs Permitted
|
Temporary Sign Time Restriction
|
|---|---|---|---|---|
|
Real estate
|
40
|
On a lot or building of a mall offered for sale or lease
|
1 for each block of lot area or floor area1
|
Sign shall be removed 10 days after the date of closing
|
|
Poster
|
20
|
On a mall lot with the authorization of such owner and in accordance with § 525-92
|
1 for each individual event or show, political candidate or
issue and/or election
|
As prescribed in § 525-92C(4)
|
|
Mall — freestanding
|
100
|
On a lot or building of a mall
|
1 for each block of floor area1
|
Not applicable
|
|
Directional
|
10
|
Near a mall drive entrance and located in accordance with § 525-92
|
1 for each drive
|
Not applicable
|
|
Community promotion
|
40
|
On a mall lot with the authorization of such owner and in accordance with § 525-92
|
1
|
Not applicable
|
|
Directory
|
300
|
On a mall lot
|
1 for each block of floor area1
|
Not applicable
|
|
NOTES:
| |
|---|---|
|
1
|
A "block" is an area over zero and up to 100,000 square feet.
|
F.
Sign requirements for each tenant principal use and an accessory use associated with the tenant principal use, listed in § 525-20, within a mall and located in the CN, CR or I Zoning District, are as follows, except that the maximum aggregate sign area for any use shall not exceed 500 square feet:
|
Permitted Sign From § 525-91
|
Maximum Sign Area Per Face
(square feet)
|
Location Permitted
|
Number of Signs Permitted
|
Temporary Sign Time Restriction
|
|---|---|---|---|---|
|
Real estate
|
40
|
On a mall building offered for sale or lease
|
1 for each block of floor area1
|
Sign shall be removed 10 days after the date of closing
|
|
Poster
|
20
|
On a mall lot with the authorization of such owner and in accordance with § 525-92
|
1 for each individual event or show, political candidate or
issue and/or election
|
As prescribed in § 525-92C(4)
|
|
Facade
|
The lesser of 20% of the area of the side of the building the
sign is installed on or 200 square feet of the side
|
On the side of a mall building that faces a road or parking
area and on which the business has an exterior facade
|
1 for each principal use and 1 for each accessory use
|
Not applicable
|
|
Projecting
|
24
|
On the side of a mall building that faces a road or parking
area and on which the business has an exterior facade
|
1 for each principal use
|
Not applicable
|
|
Awning
|
The lesser of 20% of the area of the side of the mall building
the sign is installed on or 200 square feet of the side
|
On a facade of a mall building that faces a road or parking
area and on which the business has an exterior facade
|
1 for each principal use and 1 for each accessory use2
|
Not applicable
|
|
Window
|
The lesser of 30% of each window area or 100 square feet of
aggregate area of all windows of the use
|
On any window of a mall building
|
Not applicable
|
Not applicable
|
|
Sandwich board
|
12
|
On a mall lot
|
1 per business use
|
Only during hours the use is open to the public
|
|
NOTES:
| |
|---|---|
|
1
|
A "block" is an area over zero and up to 100,000 square feet.
|
|
2
|
The aggregate sign area shall be the lesser of 15% of the area
of the side of the building the sign is installed on or 350 square
feet of the side for all signs on the side of the building.
|
G.
Sign requirements for a business or industrial use, except in a mall, and accessory use associated with the business or industrial use, as listed in § 525-20 and located in the AR and I Zoning Districts, are as follows, except that the maximum aggregate sign area for any use shall not exceed 160 square feet in the AR District and 1,000 square feet in the I District.
|
Permitted Sign from § 525-91
|
Maximum Sign Area Per Face
(square feet)
|
Location Permitted
|
Number of Signs Permitted
|
Temporary Sign Time Restriction
|
|---|---|---|---|---|
|
Facade
|
The lesser of 20% of the area of the side of the building the
sign is installed on or 350 square feet of the side
|
On the side of the principal building that faces a road
|
1 for each principal use and 1 for each accessory use2
|
Not applicable
|
|
Freestanding
|
60 square feet
|
On the lot of the principal use
|
1 for each principal use
|
Not applicable
|
|
Awning
|
The lesser of 20% of the area of the side of the building the
sign is installed on or 200 square feet of the side
|
On the side of the principal building that faces a road
|
1 sign for each principal use and 1 for each accessory use2
|
Not applicable
|
|
Real estate
|
40
|
On a lot offered for sale or lease
|
1 for each block of lot area or building floor area1
|
Sign shall be removed 10 days after the date of closing for
the sale of the property
|
|
NOTES:
| |
|---|---|
|
1
|
A "block" is an area over zero and up to 500,000 square feet
or over 500,000 and up to 1,000,000 square feet or over 1,000,000
square feet.
|
|
2
|
The aggregate sign area shall be the lesser of 15% of the area
of the side of the building the sign is installed on or 200 square
feet of the side for all signs on the side of the building.
|
A.
Any sign now or hereafter existing, which relates to a use no longer
conducted on a lot, shall be removed by the owner, agent, or person
having the beneficial use of the lot upon which such sign may be found
within 60 days of cessation of the use, except as provided to the
contrary elsewhere in this subsection.[1]
[1]
Editor's Note: So in original.
B.
Nonconforming signs shall be maintained. Should such signs not be
maintained and/or be modified to an extent that exceeds 50% of the
value of the structure, they shall conform to all of the requirements
of this chapter.
A.
Intent. It is the intent of this section to assure that all development
provides for safe and adequate access to a lot proposed for development.
This intent is furthered by requiring that all development that proposes
to contain a new internal drive and/or driveway be designed to comply
with the requirements of a highway work permit for all work conducted
in a right-of-way.
B.
General requirement.
(1)
A development plan shall show and detail design features for an internal
drive and/or driveway sufficient to document compliance with the intent
of this section and the Standard for Internal Drive and Driveway Construction
in the Town of Southport.
(2)
A plan for an internal drive and/or driveway prepared by a design
engineer may be required to fully support design considerations and/or
to validate the mitigation of any traffic impacts associated with
a development.
A.
General requirement. Grading of a site for the purpose of raising
the elevation of a fence contrary to this section is prohibited, except
as shown in an approved site plan.
B.
A fence on a lot shall comply with the following requirements:
(1)
Height restrictions.
(a)
AR, R1, R2, R3 and CN Zoning Districts:
[1]
A maximum height of four feet above finished grade shall be
permitted for a fence located in a front yard. A fence located in
a front yard, near a right-of-way, shall be established and maintained
in accordance with the provisions of clear vision standards.[1]
[2]
A maximum height of seven feet above finished grade shall be
permitted for a fence located in a side or rear yard.
(2)
Location. A fence shall be constructed entirely within the boundaries
of a lot.
(4)
Maintenance. All fences shall be maintained in a safe and proper
manner.
A.
Intent. It is the intent of this section to assure that all development
provides for safe and adequate access to and from a lot on which development
is proposed or which already contains development. This intent is
furthered by requiring that all development that proposes to contain
a new road, drive, internal drive or driveway be designed to provide
a clear vision zone.
B.
General requirement.
(1)
Clear vision. Where the driveway meets the road and/or where one
road intersects with another road, a hedge, fence, wall or other plantings
shall not block the view or clear vision of a vehicle entering the
road. It is the Town's intent to protect and preserve a clear vision
area to maintain safe traffic flow and reduce potential conflicts
with pedestrians and bicycle traffic.
(2)
Clear vision shall be maintained wherever a driveway meets the road
right-of-way for a radius of five feet.
(3)
In any nonresidential use, the minimum clear vision distance shall
be 35 feet from the center line of the right-of-way at a road intersection.
(4)
A development plan shall show and detail design features for a drive,
internal drive and driveway sufficient to document compliance with
the intent of this section and any standards for a clear vision zone
in the Town of Southport that may be established.
(5)
A plan for a road, drive, internal drive or driveway prepared by
a design engineer may be required to fully support design considerations
for clear vision and adequate sight distance and/or to validate the
mitigation of any traffic impacts associated with a development.
A.
Steep slope requirements. The topography of the Town of Southport
includes many steep slopes that benefit the community by providing
scenic views, aquifer recharge areas, wooded areas and substantial
protection against flooding and erosion. If these areas are not carefully
protected, the benefits of these areas will be irreparably lost, and
extensive erosion and flooding is likely to occur. Road construction,
building site development, and other construction activity proposed
for these areas require special design consideration to prevent erosion,
minimize stormwater runoff, and preserve large trees, natural terrain
and scenic views.
B.
General requirements.
(1)
Each development proposal shall, in a plan, show all site work,
cut and fill, erosion and drainage control measures and any proposed
road, drive, internal drive and/or driveway cross sections. The detail
of the plan shall be sufficient to determine if steep slopes exist
on the proposed development site and the extent to which such steep
slopes affect the proposed site work. The preparation of these plans
by a design engineer may be required.
(2)
Constructing or grading development sites to be level, otherwise
known as "padding," shall be permitted only when it can be clearly
demonstrated, by exhibits presented in a site plan, that the final
treatment of the site meets the requirements of this subsection.
C.
Design requirements. Design principles and criteria used in the review
of a site plan application shall include, but are not limited to,
the following:
(1)
Landscaping of areas around a structure, making such areas compatible
with the natural terrain.
(2)
Shaping, grouping and placement of man-made structures to complement
the natural landscape.
(3)
Minimizing removal of natural vegetation.
(4)
Arrangement of structures so they complement one another to
promote visual interest.
(5)
Shaping of essential grades to conform to the existing contours
and prohibit the appearance of successive padding, terracing or other
similar forms of grading for a building site in steep slope areas.
(6)
Encouragement of split-level development sites.
(7)
Use of one-way roads when consistent with traffic safety, circulation
needs, and natural topography. This guideline may allow for smaller
road right-of-way, less cut and fill within a given area and a road
network consistent with the natural terrain. A road shall be parallel
with the hillside wherever possible and may require variable width
of right-of-way. This shall not only provide the most-economical routing
but shall also minimize the amount of grading required.
D.
Slopes greater than 15%. No structures shall be erected on a slope
greater than 15% (1.5 feet of vertical rise in a ten-foot horizontal
distance).
A.
Intent. It is the intent of this section to assure that all development provides for adequate protection against the impacts associated with stormwater and that development does not create added stormwater runoff from a development site. This intent is furthered by requiring that all development plans include provisions for stormwater management and that such plans comply with Chapter 452 of the Code of the Town of Southport, Stormwater Management; Erosion and Sedimentation Control.
B.
General requirement.
(1)
A development plan shall show and detail design features for a stormwater management system sufficient to document compliance with the intent of this section and Chapter 452.
(2)
A plan for a stormwater management system prepared by a design
engineer may be required to fully support design considerations and/or
to validate the mitigation of any stormwater impacts associated with
a development.
(3)
Green infrastructure practices, such as bioswales, rain gardens,
porous pavement, etc., are considered wherever practicable.
C.
Special site plan requirement.
(1)
When an application for a building permit, highway work permit, variance and/or special permit includes a lot where water naturally collects, there are irregular and/or steep slopes, and/or, through prior knowledge, the Code Enforcement Officer determines that a significant impact associated with stormwater management and/or erosion is likely to occur as a result of a development, the application shall be referred to the Planning Board as a site plan application under Article VIII.
A.
Consistent with the Town Comprehensive, Plan, a park, playground
and/or open space is required for an alternative dwelling park or
multiunit dwelling development. The required park, playground and/or
open space shall meet the following minimum requirements:
(1)
Such land shall be held in private or corporate ownership, maintained
in perpetuity by an established organization or deeded to the Town.
(2)
The location of such land on a lot shall be determined with
the following considerations:
(a)
Maximizing the safety of children walking between such facilities
and their homes.
(b)
Providing for safe traffic circulation and parking at the park,
playground and/or open space site.
(c)
Minimizing the interaction between traffic to and from the principal
use of the lot and the traffic to and from the park, playground and/or
open space site on the lot.
(d)
The suitability of the park, playground and/or open space site
and its location for the intended recreational purpose.
B.
A preliminary site plan shall include the following minimum details
regarding a park, playground and/or open space:
(1)
A dimensional drawing showing boundaries of the park, playground
and/or open space, its size in square feet, and the location and description
of any equipment to be installed or buildings to be constructed in
the park, playground and/or open space.
(2)
A maintenance plan for the area.
(3)
A detailed description of future ownership of the land for the
park, playground and/or open space or a deed offering dedication of
such land to the Town.
(4)
The details of the plan shall show how the entire area is to
be graded, drained, and landscaped to make it a useful and attractive
feature of the development.
C.
Park and/or playground area requirements.
(1)
In an alternative dwelling park and multiunit dwelling development:
900 square feet per dwelling unit.
D.
Alternative dwelling park: playground and open space requirement.
(1)
When it is determined by the Planning Board in an alternative
dwelling park or multiunit dwelling development that a park and/or
playground is not practical due to the size, shape and/or the character
of the development, the site plan shall be:
(a)
Referred to the Town Board for review and report to the Planning
Board regarding any public park and/or playground resource likely
to be impacted and the effect the development may have on such public
resource.
(b)
Referred to the Town Assessor, who shall make a report to the
Planning Board with a cost estimate of the per-square-foot value of
the land being considered for an alternative dwelling park or multiunit
dwelling development based on current assessment data.
(2)
The information provided in the report received in accordance with § 525-102D(1) shall be utilized by the Planning Board to validate any impact associated with an alternative dwelling park or multiunit dwelling development on an existing public park and/or playground resource and to calculate a payment in lieu of park and/or playground land.
(3)
To calculate a required payment in lieu of park and/or playground land, multiply the required area in square feet of park and/or playground required in § 525-102C times the per-square-foot value of the land as determined by the Assessor [§ 525-102D(1)].
(4)
When the provisions of § 525-102D(1) are invoked, the payment in lieu of park and/or playground land shall be made to the Town prior to an approval of a preliminary site plan.
E.
Open space in all development.
(1)
Areas, on a lot proposed for a development that requires a site plan in accordance with Article IV, § 525-20, that are determined to be of importance to the community based on their environmental setting, scenic view, historical or archaeological significance may be set aside and not be developed as a condition of site plan approval. Such a determination shall depend upon the magnitude and character of the development and the potential that the environmental setting, scenic view, historical or archaeological site would be irreparably lost if not preserved.
(2)
The Planning Board may consider these areas, when reserved for recreation purposes, in lieu of any portion of a park and/or playground required in § 525-102D(1).
(3)
Lands proposed for open space purposes shall be either held
in private or corporate ownership and maintained in perpetuity by
an established organization or may be deeded to the Town. The ownership
of such land shall be determined in consideration of the following:
(a)
The severity of the constraints and the impact these constraints
have on the potential for further development of a lot.
(b)
The importance of the land area to the Town and the persons
using the development.
(c)
The land's scenic quality and potential for wildlife habitat
and the potential for protecting adjacent properties from any potential
adverse impact that may result from development of the area of an
open space.
(d)
The likelihood that residents in the development and/or the
Town would utilize and/or benefit from the set-aside of such land.
(4)
When it is determined by the Planning Board that open space
is required, a detailed plan shall be provided with a preliminary
site plan for the open space and at a minimum include:
A.
Electric, telephone and cable. With the exception of individual service
to one-unit and two-unit residential development, the telephone and
television cable, electric and gas lines or similar utility services
shall be installed underground unless full documentation supporting
other methods as the most-feasible approach is provided to and accepted
by the Planning Board in an approved site plan.
B.
Water supply and sewage disposal. The installation of and specifications
for public water and sewer lines shall comply with the rules, regulations
and requirements of the Elmira Water Board, Chemung County Sewer District,
Chemung County Health Department, New York State Department of Environmental
Conservation and/or New York State Department of Health.
A.
General requirements. No industrial use shall be permitted, established,
maintained or conducted which is likely to cause or have:
(1)
Fumes, gases, dusts, particulate, odors, or any other atmospheric
pollutant beyond the boundaries of the lot whereon an industrial use
is located.
(2)
Excessive smoke or similar atmospheric pollutant beyond the
boundaries of a lot on which the industrial use is located. Excessive
smoke shall be determined according to the Ringelmann Scale for Grading
the Density of Smoke, published by the United States Bureau of Mines.
When the shade or appearance of such smoke is darker than No. 2 on
said Ringelmann Smoke Chart, it is then excessive.
(3)
Noise levels greater than 55 decibels (db) measured at a boundary
of a lot occupied by an industrial use.
(4)
A discharge of any industrial effluent into any watercourse,
open ditch, or on a land surface, unless specifically permitted under
the authority of the New York State Department of Environmental Conservation.
(5)
A discharge of any industrial effluent into a public sanitary
sewer system, except in accordance with the rules of and under the
control of public health authorities or the public body controlling
such sewer system.
(6)
Open storage or stocking of any waste materials, unless specifically
addressed in an approved site plan.
(8)
Vibration perceptible beyond the lot lines whereon such industrial
use is conducted.
(9)
Any other nuisance, activity or action that may be harmful to
a person or property.
B.
Buffer, barrier and landscape requirements.
C.
Other industrial use activity.
(1)
Outdoor storage. Materials, supplies, or products shall not be stored in a front yard, and such storage located in the side or rear yard shall be screened in conformance with § 525-111.
D.
Accessory uses. Accessory uses shall conform to the minimum requirements set forth in § 525-87 and as prescribed in an approved site plan.
E.
Design requirement. A site plan for an industrial use shall include design elements that provide sufficient documentation to determine compliance with the requirements of § 525-101 and all other applicable sections of this chapter.
F.
Access. Access to a lot containing an industrial use shall:
(1)
Be designed by a design engineer;
(2)
Be designed not to route traffic directly through an R1 or R2
Zoning District on other than a primary road;
(3)
Be designed to access a road other than a Town road located
within an R1 or R2 Zoning District; and
(4)
Have a design based on a traffic study that includes provisions
for access for all vehicles expected or intended to use the site,
unless specifically waived by the Planning Board in the site plan
process.
A site plan for new residential development that includes either
100 or more acres of site development area and/or more than 200 dwelling
units shall consider designs to promote the maximum number of buildings
receiving direct sunlight sufficient for using a solar energy system.
Such site plan shall include a solar access plan that considers the
following:
A.
Solar access shall be protected between the solar azimuths of -45°
east of due south and +45° west of due south.
B.
In considering dimensional modifications permitted in Article VI, the Planning Board shall consider solar access design.
C.
For solar access, roads, lots and building setbacks should be designed
so that the buildings are oriented with their long axes running from
east to west for single-unit development and north to south for multiunit
development.
D.
In order to maximize solar access, the higher-density dwelling units
should be placed on a south-facing slope and lower-density dwelling
units sited on a north-facing slope.
E.
Structures should be sited as close to the north lot line as possible
to increase yard space to the south for reduced shading of the south
face of a structure.
F.
A tall structure should be sited to the north of a short structure.
G.
A description of any legal mechanisms, such as deed restrictions,
covenants, etc., that are to be applied to protect or provide for
solar access shall be provided as documentation in a site plan.
The intent of this section is to regulate the placement of and
access to wind for an energy conversion system and/or wind farm and
to protect the health and safety of individuals on adjacent lots.
A.
Approvals. A site plan approval and building permit are required
for the construction of a wind energy conversion system and/or a wind
farm.
B.
Dimensional requirements.
(1)
The total height for a vertical axis rotor installation of a
wind energy conversion system is the tower height plus 1/2 the rotor
diameter, and for a horizontal rotor installation of a wind energy
conversion system, is the distance from the base at finished grade
to the top of the unit.
(2)
A wind energy conversion system setback shall be a distance
that is the greater of either the total height of the wind energy
conversion system or the required setback.
(3)
The maximum allowable total height for a wind energy conversion
system shall be 100 feet unless otherwise restricted or prohibited
by federal, state or local laws, rules, or regulations.
(4)
The minimum allowable height above finished grade at the lowest
point of the arc of a rotor blade shall be 15 feet.
C.
Safety requirements. All wind energy conversion systems shall be
designed, installed and maintained in accordance with the following:
(1)
The foundation and supports for a wind energy conversion system
shall be as designed by a design engineer.
(2)
At least one sign shall be posted at the base of the wind energy
conversion system warning of high voltage.
(3)
Tower-climbing ladders, stairs or similar devices shall be no
lower than 12 feet from the ground.
(4)
All wind energy conversion systems shall be installed with braking
systems approved by the manufacturer.
D.
Sound control requirements. The maximum level of sound created by
the wind energy conversion system as measured at the lot line shall
be no greater than 55 decibels (db).
A.
Specific use restrictions. The following uses shall not be permitted
as a home occupation:
(1)
A business which has a primary function of wholesale or retail
sale of goods or articles on a lot;
(2)
Any form of motor vehicle repair, including vehicle body work;
(3)
Motor vehicle sales;
(4)
Any small engine or appliance repair;
(5)
A veterinary hospital;
(6)
A kennel;
(7)
A bar and/or restaurant;
(8)
A cottage industry;
(9)
Body piercing and/or tattooing; and
(10)
Any use that, under the provisions of the New York State Uniform
Fire Prevention and Building Code, is not permitted based on the type
of construction or a use prohibited based on any other federal, state
or local law, rule or regulation.
B.
General requirements. All home occupation uses shall comply with
the following minimum requirements:
(1)
In a dwelling unit, the lesser of either 25% of the total habitable
floor area or 500 square feet may be used for, or dedicated to, the
use.
(2)
In an accessory structure, no more than 500 square feet may
be dedicated to the use per available minimum lot size area in the
AR Zoning District and overall in the R1, R2 and R3 Zoning Districts.
(3)
The use shall be conducted within the enclosed walls of a dwelling
unit or accessory structure.
(4)
There shall be no external evidence of such use except for a sign installed in accordance with § 525-90. No stock, merchandise, packaging, equipment or displays related to the use shall be visible from outside the dwelling unit or accessory structure.
[Amended 6-12-2018 by Res. No. 106-2018]
(5)
The dwelling unit in which the use is located shall not be altered
or extended in a manner not customary or typical to a residential
building to accommodate the use.
(6)
The use shall not result in or cause vehicular traffic volumes
of greater than four cars per hour or otherwise create a nuisance
to abutting lots.
(7)
The use shall not change the residential character of the adjoining
lots.
(8)
Evidence of any certification and/or license that is required
by the law for the specific occupation.
A.
Restrictions. The following uses shall not be permitted as a cottage
industry use:
(1)
A business which has a primary function of wholesale or retail sale of goods or articles on a lot, except as provided in § 525-108B.
(2)
Any form of motor vehicle repair, including vehicle body work.
(3)
Motor vehicle sales.
(4)
A veterinary hospital, except such use may be permitted in the
AR Zoning District.
(5)
A bar and/or restaurant.
(6)
Any use that, under the provisions of the New York State Uniform
Fire Prevention and Building Code, is not permitted based on the type
of construction or a use prohibited based on any other federal, state
or local law, rule or regulation.
B.
General requirements. A cottage industry use may be permitted when
an approved site plan documents compliance with the following minimum
requirements:
(1)
In a dwelling unit, the lesser of 30% of the total floor area
or 750 square feet is to be used for or dedicated to the use.
(2)
No more than 1,500 square feet of an accessory structure is
used for or dedicated to the use.
(3)
The use is to be conducted within the enclosed walls of the
dwelling unit and/or accessory structure.
(4)
There is no external evidence of such use except for a sign installed in accordance with § 525-90. No stock, merchandise, packaging, equipment or displays related to the use are visible from outside the dwelling unit and/or accessory structure.
(5)
A dwelling unit in which the use is located is not altered or
extended in a manner not customary to or typical of a residential
building in order to accommodate the use. Construction and/or modification
of an accessory structure to accommodate the use is permitted.
(6)
The use shall not result in or cause vehicular traffic volumes
of greater than six cars per hour or otherwise create a nuisance to
abutting properties.
(7)
A maximum of 10% of any area devoted to or used for the use
may be for display and/or wholesale and retail sales.
(8)
In accordance with the site plan review process, more than one
cottage industry and/or a combination of cottage industries and home
occupations may be permitted if there is sufficient lot area to support
each use.
(9)
The use shall remain compliant with all conditions of site plan
approval.
[Added 11-12-2019 by L.L. No. 6-2019 (Res. No. 162-2019);
amended 7-14-2020 by L.L. No. 1-2020 (Res. No. 103-2020)]
A.
Purpose. The Town Board has determined that the establishment of
provisions to institute minimum standards for wireless telecommunications
services facilities is in accordance with the goals, objectives and
policies of the Town's Comprehensive Plan.
(1)
The purpose of this section is to reasonably control the location,
construction and maintenance of wireless telecommunications services
facilities in order to encourage the siting of said facilities in
nonresidential areas and to protect, to the maximum extent practicable,
aesthetic impacts, the open space character of portions of the Town
of Southport, the property values of the community, and the health
and safety of citizens, while not unreasonably limiting competition
among wireless telecommunications providers.
(2)
The purpose of this section is also to establish uniform policies
and procedures for the deployment and installation of towers, wireless
telecommunications services facilities, antennas, distributed antenna
systems and small cell wireless telecommunications facilities (small
cell facilities) in the Town of Southport, which will provide a public
health, safety, and welfare benefit consistent with the preservation
of the integrity, safe usage, and visual qualities in the Town.
B.
ACCESSORY EQUIPMENT
ANTENNA
BASE STATION
COLLOCATION or CO-LOCATION
DISTRIBUTED ANTENNA SYSTEM (DAS)
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
FCC SHOT CLOCK
(1)
(2)
(3)
(4)
RIGHT-OF-WAY
SMALL CELL FACILITY
(1)
(a)
(b)
(c)
[1]
[2]
[3]
(2)
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
(5)
(6)
TOWER
UTILITY POLE
WIRELESS TELECOMMUNICATIONS PROVIDER or SERVICE PROVIDER
WIRELESS TELECOMMUNICATIONS SERVICES ("WTS")
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY or WTS FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any equipment servicing or being used in conjunction with
a wireless telecommunications services facility or wireless telecommunications
support structure. The term includes utility or transmission equipment,
power supplies, generators, batteries, cables, equipment buildings,
cabinets and storage sheds.
A system of electrical conductors that transmits or receives
electromagnetic waves or radio frequencies signals. Such waves shall
include but not be limited to radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
This definition does not include rods, wires, or other similar devices
affixed to a residence or other structure and used solely to receive
radio or television signals.
A structure or equipment at a fixed location that enables
Public Service Commission- or Federal Communication Commission-licensed
or -authorized wireless communications between user equipment and
a communications network. The term does not encompass a tower as defined
in this section or any equipment associated with a tower.
The mounting or installation of transmission equipment on
an eligible support structure or any structure for the purpose of
transmitting and/or receiving radio frequency signals for communications
or telecommunications purposes.
A network of spatially separated antenna nodes connected
to a common source via a transport medium that provides wireless telecommunications
service within a geographic area or structure.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the Town of Southport.
Rules issued by the Federal Communications Commission (FCC)
establishing time limits for municipal review of and action on an
application for the installation or construction of wireless telecommunications
services facilities. These time limits, which may be revised from
time to time by FCC action, are set forth below. Each time limit begins
to run on the date a complete application is formally submitted to
the municipality:
Sixty days for projects meeting the FCC definition of "small
wireless facilities" collocated on existing structures;
Ninety days for projects meeting the FCC definition of "small
wireless facilities" involving new construction;
Ninety days for projects not meeting the FCC definition of "small
wireless facilities" collocated on existing structures;
One hundred fifty days for projects not meeting the FCC definition
of "small wireless facilities" involving new construction.
Surface and space in, on, above, within, over, below, under,
or through any real property in which the Town has an interest in
law or equity, including but not limited to any public street, road,
highway, alley, sidewalk, or any other place, area, or real property
owned by or under the legal or equitable control of the Town.
A wireless telecommunications services facility that meets the
following qualifications:
Each antenna is located inside an enclosure of no more than
six cubic feet in volume, or, in the case of an antenna that has exposed
element, the antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than three cubic feet;
All other wireless equipment associated with the facility is
cumulatively no more than 28 cubic feet in volume; and
The facility is either:
Mounted on a structure 50 feet or less in height, including
antenna; or
Mounted on a structure that is no more than 10% taller than
the nearest adjacent structure on any side; or
Mounted such that it does not extend any existing structure
on which it is located to a total height of more than 50 feet or by
more than 10%, whichever is greater.
The following types of associated ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical
cable runs for the connection of power and other services.
A modification substantially changes the physical dimensions
of an eligible support structure or small cell facility (tower or
base station) if it meets any of the following criteria:
The mounting of the proposed antenna on existing towers, other
than towers in the public rights-of-way, would increase the existing
height of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater; for other eligible support
structures, it increases the height of the structure by more than
10% or more than 10 feet, whichever is greater;
The mounting of the proposed antenna would involve the installation
of more than the standard number of new equipment cabinets for the
technology involved, not to exceed four, or more than one new equipment
shelter;
The mounting of the proposed antenna would involve adding an
appurtenance to the body of existing towers, other than towers in
the public rights-of-way, that would protrude from the edge of the
towers more than 20 feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet, except that the mounting of the proposed
antenna may exceed the size limits herein if necessary to shelter
the antenna from inclement weather or to connect the antenna to the
tower via cable;
The mounting of the proposed antenna would involve excavation
outside the current existing structure site, defined as the current
boundaries of the leased or owned property surrounding the existing
structure and any access or utility easements currently related to
the site;
The modification defeats concealment and/or stealth elements
of the support structure; or
The modification does not comply with prior conditions of the
approval for the existing structure and/or site; provided, however,
that this limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified above.
Any structure built for the sole or primary purpose of supporting
any licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
Tower does not include a structure meeting the definition of small
cell facility.
A pole or similar structure that is used in whole or in part
for the purpose of carrying electric distribution lines or cables
or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless
of ownership, including Town-owned poles. Such term shall not include
structures supporting only wireless telecommunications service facilities.
Any pole in excess of 50 feet shall be deemed a tower.
A wireless telecommunications service infrastructure provider
or wireless telecommunications service provider.
The provision of wireless telecommunications services, including
those more commonly referred to as "cellular phones" which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless service" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(c), or as amended.
A structure, facility or location designed or intended to
be used as, or used to support, antennas. It includes, without limit,
freestanding towers, guyed towers, monopoles, small cell facilities
whether or not installed on utility poles in the public right-of-way
or property of the Town of Southport or of another municipal corporation
within the Town of Southport and similar structures that employ camouflage
technology, including but not limited to structures such as a multistory
building, church steeple, silo, water tower, sign or other similar
structures intended to mitigate the visual impact of an antenna or
the functional equivalent of such. It is a structure intended for
transmitting and/or receiving radio, television, cellular, personal
telecommunications services, commercial satellite services or microwave
telecommunications, but excluding those used exclusively for dispatch
telecommunications, or exclusively for private radio and television
reception and private citizens' bands, amateur radio and other similar
telecommunications.
C.
Wireless telecommunications service facilities.
(1)
Use. Except as provided hereinafter:
(a)
No WTS facility other than a small cell facility shall be located, constructed or maintained on any lot, building, structure or land area in the Town of Southport unless a special use permit has been issued in conformity with the requirements of this section and all other applicable regulations, including but not limited to the Town of Southport Use Regulation Table (Article IV, § 525-20; 525 Attachment 1).
(b)
No small cell facility shall be located, constructed or maintained on any lot, building, structure or land area in the Town of Southport unless a small cell facility permit has been issued in conformity with the requirements of this section and all other applicable regulations, including but not limited to the Town of Southport Use Regulation Table (Article IV, § 525-20; 525 Attachment 1).
(2)
WTS facility application materials and supporting documents. The following information shall be submitted in support of an application for all WTS facilities requiring a special use permit no sooner than seven days, but no later than two days, before the Planning Board meeting at which applicants wish to have their application materials reviewed by the Planning Board. This information is required in addition to the information and documents mandated by the Code of the Town of Southport, pertaining to site plan review, special use permits or variances. [See Subsection C(3) below for the submission requirements applicable for small cell facilities which, pursuant to Subsection C(1)(b) above require a small cell facility permit rather than a special use permit.]
(a)
A full application on a form supplied by the Town and the truthfulness
attested to by a licensed professional engineer;
(b)
A completed full environmental assessment form (FEAF), Part
1, and a site description that identifies and describes:
[1]
The proposed WTS facility, including but not limited to:
[a]
The type of service and facilities to be provided;
[b]
The size of the applicant's trading area (overall
network area) within the Town and five miles beyond as licensed by
the FCC;
[c]
The size of the area to be served by the proposed
WTS facility;
[d]
The general service improvements to the applicant's
customer base that will be achieved if the proposed WTS facility is
permitted;
[e]
The need for and/or improvements in emergency communications
that will be achieved if the proposed WTS facility is permitted;
[f]
Any upgrading of necessary infrastructure (if any)
for business development within the proposed WTS facility's service
area; and
[g]
The elimination of redundant facilities or equipment
to be achieved if the proposed WTS facility is approved;
[h]
Man-made topographical features at and within one
mile of the selected site;
[i]
Environmental resources on or adjacent to the selected
site, including but not limited to water bodies and wetlands;
[j]
Surrounding vegetation (i.e., tree species) at
the selected site;
[k]
Fencing around the proposed WTS facility;
[l]
Building materials for equipment sheds;
[m]
Proposed visual impact mitigation measures and
a description of the applicant's efforts to minimize visual impacts.
If this objective cannot be accomplished, the applicant shall provide
an explanation why the minimization of visual impacts is technically
impossible, providing substantive evidence to support this claim.
Increased costs associated with minimizing visual impacts shall not
be considered sufficient support of a claim of impact mitigation infeasibility.
For small cell facilities, visual impacts shall be addressed through
compliance with the Town's small cell facility aesthetic design standards,
as amended, if applicable, which are incorporated herein by reference.
[o]
All SEQRA involved agency permits required, as
applicable.
[2]
The manufacturer's or applicant's design drawings pertaining
to installation, stamped by a licensed professional engineer.
[3]
The applicant's maintenance and inspection schedule.
[4]
Site access, road alignment, road width, road surface type,
proposed curb cuts, anticipated construction and operation of vehicular
traffic to and from the site and construction parking and storage
areas. Location of the curb cut is subject to DOT regulations or a
Town highway work permit.
[5]
Each application for installation of antennas shall include
either a preliminary or a certified statement that the installation
of the antennas, including reception and transmission functions, will
not interfere with the radio or television service enjoyed by adjacent
residential and nonresidential properties or with public safety telecommunications.
In the event only a preliminary statement is submitted with the application,
a final certified statement on noninterference will be provided and
approved by the Town prior to the issuance of a permit. A Town-approved
professional engineer shall prepare the statement.
[6]
A safety analysis and certification by a licensed professional
engineer that the proposed WTS facility will be in compliance with
all applicable FAA and FCC laws and regulations.
[7]
Proof of the site owner's consent, if the applicant is not the
owner of the site on which the applicant seeks to locate a commercial
WTS facility.
[8]
The name of the operator, owner, lessee(s) to the application,
with correct direct contact information for the same.
[9]
A copy of the applicant's FCC license.
[10]
Names and addresses of adjacent property owners,
as contained in public records.
[11]
An inventory of the applicant's existing sites.
Each applicant shall provide a map showing the applicant's FCC-licensed
service area (within the municipality and five miles beyond) with
a separate map showing the applicant's inventory of its existing communications
towers and antenna sites within the Town and within one mile of the
Town's borders, including, for each such structure, specific information
regarding the communications tower and/or antenna height and the location,
street address, tax parcel, latitude and longitude and mean sea level
height of the communications tower base.
[12]
The location of any equipment or other facilities
required by each of the three potential collocators or additional
users.
[13]
A visual impacts study, generated by an appropriately
licensed consultant that:
[a]
Complies with the New York State Department of
State Model Visual Impact Analysis methodology;
[b]
Describes the natural and man-made character of
the area surrounding the proposed WTS facility's site, including identifying
highways and residential and commercial streets and roads, vegetation,
land use and visually sensitive sites, including but not limited to
parks, historic sites and public access facilities (such as trails
and boat launches) within a five-mile radius of the proposed WTS facility's
site;
[c]
Includes a computer-imaged photograph of any proposed
communications tower as it would appear on the site, including any
proposed attachments, from at least three different angles selected
by the Town and during all four seasons of the year;
[d]
Includes a list of key viewer groups, including
but not limited to residents, hikers, motorists, campers and boaters;
[e]
Identifies key viewpoints, such as public roads,
recreation areas and residential developments with a determination
whether the viewpoints are stationary or moving and the view's duration;
[f]
Describes the width of the field of view and the
horizontal viewing angle;
[g]
States whether the view is through vegetation or
open area;
[h]
Identifies the natural and man-made features that
will be seen by the view in the foreground (0 to 0.5 mile), middle
ground (0.5 to 3.5 miles) and background (3.5 to five miles) views;
[i]
Includes a visual analysis map, line-of-sight profiles,
and visual simulation photographs keyed to the site map consistent
with visual analysis methodology;
[k]
Includes a description of the applicant's efforts
to minimize visual impacts. If this objective cannot be accomplished,
the applicant shall provide an explanation why the minimization of
visual impacts is technically impossible, providing substantive evidence
to support this claim. The Town may consider these efforts and require
additional efforts if there is a reasonable basis, in the Town's sole
discretion, for such requirement.
[14]
No fewer than three alternative sites that meet
the applicant's technical requirements and the Town's zoning/land
use requirements.
[a]
For each alternative, the applicant must describe
the proposed communications tower, antennas and support facilities
as follows:
[i]
Size (height above ground level to the top of the
communications tower and to top of antennas, dimensions of all components,
including base and top dimensions);
[ii]
Type (e.g., self-supporting monopole, guyed communications
tower), materials and color of the communications tower);
[iii]
Configuration and sizes of each alternative communications
tower's foundation and antenna supports;
[iv]
FAA-mandated lighting or striping for each alternative
communications tower if required;
[v]
The equipment shelter associated with each alternative
communications tower; and
[vi]
A viewshed map for each alternative site that
identifies those locations within five miles of each proposed site
where there is a relatively high probability that the proposed alternative
WTS facility will be visible. The viewshed map shall be based on the
proposed structure height at each location at an elevation of two
feet above base flood elevation. The viewshed map shall define the
maximum area from which the tallest element of the completed WTS facility
could potentially be seen within the study area (ignoring the screening
effects of existing vegetation), with a delineation of foreground
(0 to 0.5 mile), middle ground (0.5 to 3.5 miles) and background (3.5
to five miles).
[b]
The applicant shall select a preferred alternative
site based on the lowest potential visual impact and the preferred
alternative site's technical and economic feasibility. The applicant
shall provide the Town with:
[i]
A signal propagation study for the preferred alternative
site; and
[ii]
A detailed explanation supporting the preferred
alternative site's selection that includes a demonstrated need for
service supported by substantive evidence; environmental, visual and
site impacts; initial development and life-cycle costs; and an explanation
of why other alternative sites were not preferred.
[15]
Additional submission requirements for communications
towers include:
[a]
Identification and description of an anti-climbing
device.
[b]
A report from a licensed professional engineer,
which describes the communications tower, including its height and
design, demonstrates the communications tower's compliance with applicable
structural standards (including but not limited to foundation design,
wind loading and guy wire plans) and describes the communications
tower's capacity, including the number and types of antennas it can
accommodate.
[c]
The site plan shall show distances between the
proposed communications tower structure and structures on adjoining
properties within 750 feet, together with the names and addresses
of all property owners within 750 feet of the boundary of the property
on which the communications tower is proposed, as contained in the
public records.
[d]
Identification and location of any WTS antennas
located within one mile of the proposed communications tower, regardless
of ownership.
[e]
As-built drawings certified by a professional licensed
engineer, within 60 days after completion of the construction.
[16]
A decommissioning bond or other security acceptable
to the Town for the purpose of removing the communications tower if
the owner fails to do so upon the communications tower disuse for
a period of six months, or has been ordered removed by the Town, because
the communications tower is no longer necessary to achieve or facilitate
the applicant's permitted use. Such bond or security shall be automatically
renewable on each anniversary until advised by the Town of Southport
in writing that it is no longer needed.
(3)
Small cell facility permit application materials and supporting
documents. A small cell facility permit application shall require:
(a)
All of the application materials listed in Subsection C(2) above, except that the applicant need not submit the following items:
(b)
An applicant seeking to replace existing streetlights with new
streetlights designed to accommodate small cell facilities must provide
the Planning Board with three styles of replacement streetlights,
at least one of which shall be identical to or in the same general
style of the streetlights proposed to be replaced. Applicants proposing
to install replacement streetlights that can accommodate small cell
facilities shall site said streetlights in the same location as existing
streetlights.
If this is infeasible, the applicant must provide the Planning
Board with the technical justification, certified by a licensed telecommunications
engineer, for siting the replacement street lights in the proposed
new locations. Any costs or expenses associated with complying with
these small cell design criteria shall be borne by the applicant.
(c)
Batched small cell facility applications. Applicants submitting
five or more small cell facility permit applications at one time are
strongly encouraged to negotiate, in good faith and in recognition
of the Town's resources, extension of the ten-day period during which
the Planning Board must determine whether each small cell facility
application is complete and the sixty- or ninety-day shot clock applicable
and small cell facility reviews.
(4)
State Environmental Quality Review Act (SEQRA).
(a)
All proposed WTS facilities other than small cell facilities
shall be SEQRA Type I actions.
(b)
Planning Board as SEQRA Lead Agency. The Planning Board shall
be the proper lead agency for any proposed WTS facility's SEQRA review.
The Planning Board shall comply with the provisions of Article 8 of
the New York Environmental Conservation Law and its implementing regulations
as codified in New York Code Rules and Regulations Title 6, Part 617.
(5)
Planning Board review. All proposed WTS facilities shall be subject to Planning Board review and approval pursuant to this chapter. In addition to the requirements of this chapter, all proposed WTS facilities requiring a special use permit are subject to the applicable requirements and procedures of Article IX (Development Requirements), Article XV (special use permits), and Chapter 431 (Site Plan Review). Applications shall be reviewed and acted upon by the Planning Board within the time required by any applicable FCC shot clock rule.
(6)
Review process for WTS facilities requiring a special use permit.
(a)
To facilitate the application review process, applicants are
strongly encouraged to engage in voluntary preapplication discussions
with the Planning Board prior to filing an application.
(b)
Special use permit applications for WTS facilities must be filed
no sooner than seven days, but no later than two days, before the
Planning Board meeting at which applicants wish to have their special
use permit application reviewed by the Planning Board.
(7)
Review process for small cell facility permits.
(a)
To facilitate the application review process, applicants are
strongly encouraged to engage in voluntary preapplication discussions
with the Planning Board prior to filing an application.
(b)
Applications for small cell facility permits must be submitted
no sooner than seven days, but no later than two days, before the
Planning Board meeting at which applicants wish to have their application
materials reviewed by the Planning Board.
(c)
Planning board review. All proposed small cell facilities shall be subject to Planning Board review and approval pursuant to this chapter and applicable requirements and procedures, if any, of Article IX (Development Requirements) and Chapter 431 (Site Plan Review), and the associated applications shall be reviewed and acted upon by the Planning Board within the time required by any applicable FCC shot clock rule.
(d)
Any application to the Planning Board shall include copies of
the full application, if one is required, to the Zoning Board of Appeals.
(e)
All proposed small cell facilities shall comply with the Town's
small cell facility aesthetic design standards, as amended, if applicable,
which are incorporated herein by reference. The small cell facility
aesthetic design standards may be amended from time to time, and such
amendments are not subject to the procedural requirements for an amendment
to the Town Code.
(8)
Collocation requirements.
(a)
A proposal for a WTS facility shall not be approved unless the
Planning Board finds that proposed WTS facility cannot be accommodated
on an existing or approved WTS facility due to one or more of the
following reasons:
[1]
Collocation would exceed the structural capacity of the existing
or approved WTS facility, as documented by a qualified professional
engineer, and the existing or approved WTS facility cannot be reinforced,
modified or replaced to accommodate the collocation. All reasonable
costs of such modification or replacement of the WTS facility shall
be presumed to be borne by the applicant or WTS facility owner.
[2]
Collocation would cause interference materially impacting the
usability of other existing or planned collocated antenna as documented
by a qualified professional engineer, and the interference cannot
be prevented at a reasonable cost.
[3]
Existing or approved communications towers and structures cannot
accommodate the antenna at a height necessary to function reasonably,
as documented by a qualified professional engineer, and cannot be
modified or replaced as provided for in this chapter.
[4]
Other technical, economic, or aesthetic factors or unforeseen
reasons that make it infeasible to locate the antenna upon an existing
or approved WTS facility.
(b)
Any proposed communications tower shall be designed, in all
respects, to accommodate both the applicant's antennas and comparable
antennas for three or more additional users. Communications towers
must be designed to allow for future rearrangement of antennas upon
the communications tower and to accept antennas mounted at varying
heights. Additionally, the necessary land to accommodate the equipment
of said additional users shall be under the control of the communications
tower applicant. This control may be through ownership, lease or contract
with a period of time no less than the control the applicant has over
the land used for the equipment for subject communications tower application.
(9)
The applicant shall submit to the Planning Board a letter of
intent committing the applicant, and his/her successors in interest,
to negotiate in good faith for shared use of the proposed communications
tower or structure by other WTS providers in the future.
D.
Notwithstanding anything to the contrary herein, the collocation
requirements of this chapter are intended to be enforceable as to
existing antennas, WTS facilities and/or land encumbered by antennas,
WTS facilities. Accordingly, upon a renewal, extension or exercise
of option for a renewal term of an existing lease for land, WTS facility,
a clause in any such lease, whether entered into prior to or after
the enactment of this chapter, which provides for exclusivity as to
the land, WTS facility in favor of one or more carriers shall not
be enforceable against a carrier seeking collocation.
E.
Adherence to local, state and federal standards; proof of compliance.
All WTS facilities must meet or exceed all applicable federal, state
and local laws, rules, standards or regulations of the FCC and the
FAA. If such standards, rules, laws or regulations are changed or
amended, at any time in the future, then the owners of such facilities
shall bring those facilities into compliance with such revised regulations
if such changes or amendments provide for existing communications
towers and/or antennas to be brought into compliance.
F.
Inspections and licenses.
(1)
Communications towers shall be inspected every five years on
behalf of the communications tower owner by a licensed professional
engineer for structural integrity and continued compliance with these
regulations.
A copy of such inspection report, including findings and conclusions,
shall be submitted to the Town Code Enforcement Officer with the application
for a license during the month of December every five years. This
requirement shall be considered a condition to any special use permit,
variance or any other permit or license required by this chapter.
(2)
Operators shall obtain Town licenses for each communications
tower and/or antenna operated pursuant to this chapter no later than
January 31 of the sixth year from the year in which the communications
tower or antenna initially becomes operational, and every five years
thereafter. The license fee shall be set from time to time by the
Town Board.
(3)
The operator of any WTS facility sited within the Town of Southport
shall submit certification every five years, signed by a New York
State-licensed professional engineer, verifying such facility is in
compliance with all applicable federal, state and local radio frequency
radiation emission standards. Such certification shall be delivered
to the Town Code Enforcement Officer with the application for a license
during the month of December every five years. This requirement shall
be considered a condition to any special use permit, variance or other
permit or license required by this chapter.
G.
Performance standards.
(1)
Changes in technology. The performance of all WTS facilities
shall be measured against current industry-wide technological standards,
which may change from time to time.
(2)
Antenna safety. Antennas shall be subject to state and federal
regulations pertaining to nonionizing radiation and other health hazards
related to such facilities. The owner shall submit evidence of compliance
with the FCC general population exposure standard every five years,
with the application for a license, as provided for elsewhere in this
chapter. If new, more-restrictive, applicable standards are adopted,
the antennas shall be made to comply, or the Town may restrict continued
operations. The cost of verification of compliance shall be borne
by the owner and operator of the communications tower.
(3)
Random testing. The Town of Southport, in its sole and reasonable
discretion, reserves the right to randomly test any WTS facility at
any time for FCC compliance, at the tower owner's expense.
(4)
Powering up. Once erected, the power output of any WTS facility
or its antennas may not be increased without prior notice to the Town
Code Enforcement Officer, which notice shall be accompanied by evidence
of compliance with FCC requirements, and existing antennas may only
be replaced with similar antennas, but in no event shall the new antennas
emit higher levels of radio frequency (RF) radiations than the antennas
being replaced.
(5)
Noncompliance.
(a)
To the extent any WTS facilities and antennas are not FCC-compliant as required by Subsections A and C hereof, the owner of such facilities or antennas shall have 30 days to cure such noncompliance and bring its facilities or antennas to code. In the event such breach has not been corrected within 30 days following written notification of noncompliance from the Town to the applicant, the Zoning Board of Appeals, in its sole discretion, reserves the right to:
[1]
Suspend or revoke any permits or approvals that had previously
been granted for the installation of such facilities or antennas;
or
[2]
Request an immediate shutdown of the respective facilities with
no reactivation option unless, and until, a hearing is conducted before
the appropriate local zoning authority.
(6)
Communications tower lighting. Communications towers shall be
designed and sited to avoid the application of FAA lighting and painting
requirements. Communications towers shall not be illuminated by artificial
means and shall not display strobe lights unless the FAA or other
federal or state authority for a particular communications tower specifically
requires such lighting.
(7)
Signs and advertising on communications towers. The use of any
portion of a communications tower for signs other than warning or
equipment information signs is prohibited. Said signs shall not be
larger than two square feet.
H.
Screening and security of communications towers and accessory structures.
(1)
Existing on-site vegetation shall be preserved to the maximum
extent practicable, and the applicant shall be required to comply
with all applicable landscaping requirements for the district in which
the proposed WTS facility is to be located.
(2)
The base of the communications tower and any accessory structures
shall be landscaped and meet the required screening of the district.
The equipment shed associated with the communications tower may be
separated from the communications tower to maintain vegetation necessary
to achieve maximum screening.
(3)
Communications towers and accessory structures shall be provided
with Town-approved security fencing to prevent unauthorized entry.
I.
Design of antennas, communications towers, accessory structures and
site.
(1)
Communications towers and antennas shall be designed to blend
into the surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated
by federal or state authorities such as the FAA. Communications towers
shall be a galvanized finish or painted grey above the surrounding
tree line and painted grey, black or green below the surrounding tree
lines. For communications towers on structures, every antenna and
communications tower shall be of neutral colors that blend with the
natural features, buildings and structures surrounding such antenna
and structure; provided, however, that directional or panel antennas
and omnidirectional or whip antennas located on the exterior of a
building that will also serve as an antenna communications tower shall
be of colors that match, and cause the antenna to blend with, the
exterior of the building. Accessory structures will be designed to
be architecturally compatible with principal structures on the site
and adjoining sites. The applicant shall be responsible for the regular
maintenance and upkeep of all said design elements.
(2)
The maximum height of a communications tower and antenna, collectively,
is limited to 200 feet above the ground upon which it is placed.
(3)
The use of guyed communications towers is discouraged unless
a demonstrated safety issue requires them. Communications towers should
be self-supporting without the use of wires, cables, beams or other
means. The preferred design should utilize a nonguyed monopole configuration,
unless the applicant can demonstrate through reports by a licensed
professional engineer that an open framework construction is the only
feasible method that will allow the provider to provide service to
the area to be served and that a nonguyed monopole will not allow
for that service to be provided. In the event guys are allowed, all
guy supports shall be sleeved and entirely fenced in to a height of
eight feet above the finished grade. Permanent platforms or structures
exclusive of antennas that serve to increase off-site visibility are
prohibited.
(4)
For communications towers, a driveway and an appropriate parking
area will be provided to ensure adequate emergency and service access.
Maximum use of existing roads, public or private, shall be made. As
an occasionally used facility, all pavements shall be grass block
or porous material, to minimize runoff and preserve natural vegetation.
Location of road cut shall be approved by the Planning Board and will
comply with the DOT and Town requirements.
J.
Communications tower setbacks and visibility.
(1)
It shall be demonstrated to the satisfaction of the Planning
Board that the proposed facility is set back adequately to prevent
damage or injury resulting from ice fall or debris resulting from
the failure of a wireless telecommunications facility, or any part
thereof and to avoid and minimize all other impacts upon adjoining
properties, including but not limited to noise, lighting, traffic
and stormwater runoff.
(2)
A communications tower's setback requirement may be altered
in the sole discretion of the Zoning Board of Appeals to allow the
integration of a communications tower into an existing or proposed
structure such as a church steeple, light pole, power line or similar
structure.
(3)
Communications towers shall be set back from adjoining properties
a distance equal to 150% of the communications tower height.
(4)
Communications towers and facilities shall avoid ridge lines
where the communications tower will be silhouetted against the sky.
(5)
Communications towers and facilities shall be backdropped by
existing trees and topography.
K.
Compliance with other agencies and governments. The operator of every
WTS antenna shall submit to the Southport Planning Board office copies
of all licenses and permits required by other agencies and governments
with jurisdiction over the design, construction, location and operation
of such antenna and shall maintain such licenses and permits and provide
evidence of renewal or extension thereof when granted.
L.
Assignment of permit. Every permit granting approval of an antenna
or communications tower shall state that any assignment or transfer
of the permit or any rights thereunder may be made only upon 60 days'
prior written notice of such transfer or assignment to the Town. In
the event of noncompliance, the Town may in its sole discretion revoke
the assignment,, and such assignment shall become null and void, effective
immediately.
M.
Removal of abandoned or unused communications towers. Abandoned or
unused communications towers or portions of communications towers
shall be removed as follows:
(1)
The applicant shall remove all abandoned or unused communications towers and associated facilities and subsurface features, within six months of the cessation of operations unless the Zoning Board of Appeals approves a time extension. If the applicant is not a landowner, a copy of the relevant portions of a signed lease which requires the applicant to remove the communications tower and associated facilities and subsurface features upon cessation of operations at the site shall be submitted at the time of application. In the event that a communications tower, associated facilities and subsurface features are not removed within six months of the cessation of operations at a site, the Town will utilize the funds held in the decommissioning bond required pursuant to Subsection C(2)(b)[16] to remove the communications tower and associated facilities and subsurface features.
(2)
Unused portions of communications towers above a manufactured
connection shall be removed within six months of the time of antenna
relocation. The replacement of portions of a communications tower
previously removed requires the issuance of a new special use permit.
N.
Exemptions. The Town of Southport shall be exempt from this section,
as shall any ambulance, emergency services, police or fire protection
agencies.
O.
Fees. The applicant seeking a Special Use Permit or Small Cell Facility
Permit for any WTS facility shall reimburse the Town of Southport
for all necessary fees and costs reasonably incurred by the Planning
Board and/or Zoning Board of Appeals for the services of any consultant,
engineer, attorney, or other professional deemed necessary by such
board or boards to provide assistance with review of the application
and associated project and preparation of documents related thereto
to the extent permitted by local, state, and/or federal law. The fees
incurred herein shall be subject to the audit requirements of Section
525-143(8)(3). No approval or permit for a WTS facility shall be issued
until the applicant has reimbursed the Town for all fees and costs
audited and approved of as described in this subsection. These reimbursements
shall be in addition to, and separate from, any application fee or
other review fee required pursuant to this Code. The Town will publish
a schedule of fees associated with the permit applications identified
in this section.
[1]
Editor’s Note: Former § 525-109, Antennas, was
repealed 11-12-2019 by L.L. No. 5-2019 (Res. No. 161-2019).
A.
Dimensional requirements.
(1)
Minimum lot size, lot width and setback requirements:
(a)
Minimum lot size for a vehicle filling station, vehicle repair, vehicle sales and heavy equipment vehicle sales uses shall be the greater of either one acre or the minimum lot area requirement prescribed in Article V, § 525-24.[1]
[1]
Editor's Note: See the Bulk and Density Control Schedule, which is included as an attachment to this chapter.
(b)
Minimum lot size for a contractor's equipment yard and heavy
equipment repair uses in the AR Zoning District shall be five acres.
(c)
In those instances where a vehicle filling station, vehicle
repair, vehicle sales and heavy equipment vehicle sales and/or repair
and/or contractor's equipment yard uses are proposed as part of a
mall or plaza, there shall be dedicated for such use a minimum lot
area of one acre.
(d)
In addition to any required lot area and/or setback, a developer
may be required to provide any additional space necessary, as determined
by an approved site plan, to mitigate any potential impact on surrounding
lots or uses.
(f)
Fuel-dispensing devices shall be located at least 25 feet from
any front lot line and 50 feet from any side or rear lot line. This
distance shall be measured from the outermost edge of the fuel island
structure.
B.
General requirements.
(1)
Automobile parts, including tires, frames, hubcaps, and motors,
and dismantled or unregistered motor vehicles are to be stored within
a structure or otherwise screened from view from any adjoining lot
or road. Accessory products that are offered for sale may be placed
outside during normal business hours, provided that such items are
stored or displayed in a rack.
(2)
All repair work shall be performed within a building. Vehicles
waiting to be serviced or stored on the lot shall not be parked or
stored in any required yard. Wrecked vehicles being held for insurance
adjustment or other legal purpose shall be stored behind the rear
wall of the building and screened from view from an adjoining lot
or road.
(a)
Over-the-road equipment associated with contractors' equipment
yards shall not exceed a GVWR (gross vehicle weight rating) of 33,000
pounds in the AR Zoning District.
[1]
This limit shall not apply if the driveway for the lot connects
directly to a road that is maintained by Chemung County or the State
of New York.
(b)
In the AR District, no more than three commercial vehicles shall
be allowed on one lot except for agricultural operations.
(3)
Parking.
(a)
No vehicle shall be parked, stored or left standing within 15
feet of a road right-of-way.
(b)
Parking area requirements shall be as set forth in § 525-73. Such parking areas shall not conflict with the traffic pattern to and from any fuel pump. In addition to any required parking, a developer may be required to provide any additional parking areas necessary, by an approved site plan, to mitigate any potential impact on a surrounding lot or use.
(c)
Where parking areas abut a residential use as set forth in Article IV, § 525-20, or a residential zoning district boundary, they shall be screened from such use or district and include a barrier that shall include all or any combination of the following:
[1]
Be composed of densely planted plant material no less than 10
feet in depth, eight feet in height from finished grade.
[2]
Include a fence.
[3]
Be of materials consistent with the character of adjacent residential
lots.
[4]
Be maintained in perpetuity or to a time when the adjoining
residential use no longer exists.
[5]
No vehicles offered for rent or sale shall be placed, stored
or parked within 25 feet of a road right-of-way.
[6]
All storage and display areas shall be provided with a hard,
dust-free surface and shall be adequately drained.
[8]
No twenty-four-hour operation use shall be permitted within
250 feet of an existing residential use and/or residential district
boundary.
[9]
Fuel, oil and other materials which are environmentally hazardous
shall be stored, controlled and disposed of in accordance with the
rules and regulations of the New York State Department of Environmental
Conservation.
A.
Intent. The objective of this section is to provide the necessary
consideration for those physical and visual elements of the land uses
in the Town of Southport that require, or may be improved by, treatment
of the natural landforms/topography or man-made features arranged
so as to enhance the appearance of, screen or effectively separate
different types of land use, to eliminate or minimize impacts on adjoining
uses such as dirt, litter, noise, glare and incompatible buildings
or uses (such as outdoor storage, loading and parking areas), and
to protect natural resources throughout the Town. The Planning Board
may require that a professional licensed landscape architect prepare
plans under this section.
B.
Buffer and landscaping techniques. The particular type of buffer
and landscaping treatment shall be as determined by the Planning Board
to meet the intent of this section. The following major types of treatment
and combinations may be considered:
(1)
Visual separation/screening, including earth mounding, berm,
and screen-planting techniques designed to separate, obscure or soften
an incompatible view or use.
(2)
Visual setting, including ground cover and plant materials designed
to stabilize the landform and provide an appropriate foreground or
setting.
(3)
Physical separation, including a combination of plant and man-made
materials or features designed to separate distinct land use types
or activities.
C.
Requirements.
(1)
Plant specifications. The planting specifications and guidelines for each buffer and landscape technique shall be determined by the Planning Board on a case-by-case basis. The Planning Board shall consider the number and types of plants required in a buffer yard based on the type of treatment it determines to be appropriate in accordance with Subsection B above. The number and type of plant materials shall be based on the proposed width of the yard: the wider the buffer yard, the less the plant materials required.
(2)
Minimum plant size. Unless otherwise specifically stated elsewhere
in this chapter, all plant materials shall meet the following minimum
size standards:
|
Plant Material Type
|
Buffer Yards Abutting Vacant Land
|
All Other Plant Materials
| ||
|---|---|---|---|---|
|
Canopy tree: single stem; multistem clump
|
1 1/2 inch caliper; 6 feet
(height)
|
2 1/2 inch caliper; 9 feet (height)
| ||
|
Understory tree
|
1 1/2 inch caliper; 4 feet (height)
| |||
|
Evergreen tree
|
3 feet (height)
|
5 feet (height)
| ||
|
Shrub
| ||||
|
Deciduous
|
15 inches (height)
|
24 inches (height)
| ||
|
Evergreen
|
12 inches (height)
|
18 inches (height)
| ||
(3)
Plant material substitutions. The following plant material substitutions
shall satisfy the requirements of this section:
(4)
All disturbed soil areas of the site shall be replanted or reseeded
in an approved fashion.
(5)
No landscaping feature shall be erected, placed or maintained
in such a manner as to interfere with clear vision and/or the safe
movement of vehicular traffic.
Where permitted, fast-food restaurants meeting the definition
of this chapter shall conform to the following standards, which shall
be regarded as minimum requirements:
A.
Minimum lot size shall be 20,000 square feet.
B.
At least one lot frontage shall be a minimum of 100 feet.
C.
Access.
(1)
A maximum of two driveways and curb cuts shall be permitted
on each road frontage.
(2)
All drives shall be no less than 30 feet and no wider than 50
feet in width.
(3)
Drives shall be located a minimum of 40 feet from any road intersection
and shall maintain a minimum of 50 feet between such driveways or
curb cuts.
(4)
Driveways shall create minimal conflict with pedestrian access
to the building from the parking lots and sidewalk abutting the property.
E.
Landscape requirements. A landscape area equal to that portion of land contiguous to the public right-of-way and extending a depth of five feet shall be provided. Landscaping shall also be used to screen or buffer parking, dumpsters, freezers and other accessory uses as per § 525-111.
G.
Drive-through lanes.
(1)
All drive-through lanes shall be distinctly marked and shall
be separate from circulation lanes.
(2)
Drive-through lanes shall not cross any principal pedestrian
access to the building or site.
(3)
Stacking or queuing-up requirements.
(b)
Banks and other businesses not using an order station shall
maintain a minimum of 60 feet from start of lane to service window
or ATM.
(c)
Multiple drive-through lanes. The Planning Board may allow reductions
for businesses with multiple drive-through lanes based on a review
of proposed traffic circulation and usage.
(d)
All uses shall maintain a minimum distance of 20 feet from the
service window to the public right-of-way, interior parking aisles,
or pedestrian building access.
(e)
All drive-through queues shall be designed to accommodate an
escape lane for vehicles choosing not to go through the line.
A.
Intent. This section recognizes that adult uses, by their very nature,
have serious objectionable operational characteristics and deleterious
effects on adjacent neighborhoods and businesses. The objectionable
characteristics of these uses are heightened by their concentration
and by being located inappropriately in proximity to residential neighborhoods,
schools, parks, and other areas frequently used by the Town's youth.
The special purpose of this section is to regulate the creation, opening,
commencement and/or operation of any adult use, as herein defined,
in order to achieve the following:
(1)
To preserve the character and the quality of life in the neighborhoods
and business areas of the Town.
(2)
To control such documented harmful and adverse secondary effects
of the adult uses on the surrounding areas which include decreased
property values, attraction of transients, parking and traffic problems,
increased crime, loss of business for surrounding businesses, and
deterioration of neighborhoods.
(3)
To keep such uses out of areas where youth routinely assemble.
(4)
To maintain the general welfare and safety for the Town's residents.
B.
Adult uses. An adult use includes, but is not limited to, the following:
(1)
Business or establishment.
(a)
A business or establishment, or any part thereof, which excludes
persons under 18 years of age and which has as a significant or substantial
portion of its stock-in-trade, or derives a significant or substantial
portion of its revenues, or devotes a significant or substantial portion
of its interior business or advertising, to the sale, rental and/or
display of the following:
[1]
Books, magazines, periodicals or other printed materials, photographs,
films, motion pictures, videocassettes or video reproductions, digital
reproductions, slides, compact discs, computer software, or other
visual representations which depict or display human sexual activity
or human sexual anatomical areas; or
[2]
Instruments, devices, or paraphernalia which are designed for
use or marketed primarily for stimulation of human genital organs
or for sexual gratification.
(b)
A business or establishment has a significant or substantial
portion of its use in adult uses when 20% or more of its stock-in-trade
is devoted to adult uses or it derives 20% or more of its revenues
from adult uses or it devotes 20% or more of its interior display
or advertising to the sale, rental and/or display of adult uses.
(2)
A nightclub, bar, nonalcoholic or "juice" bar, restaurant or
similar establishment which excludes persons under 18 years of age
and which features:
(a)
Persons who appear nude or in a state of seminudity; or
(b)
Live performances which are characterized by the display or
exposure of human genitalia, buttocks or breasts; or
(c)
Films, motion pictures, videocassettes or video reproductions,
digital reproductions, slides, compact discs, computer software, or
other visual representations which depict or display human sexual
activity or human sexual anatomical areas.
(3)
A hotel, motel or similar establishment which provides patrons
with closed-circuit television transmissions, films, motion pictures,
videocassettes, slides, or other photographic or digital reproductions
which are characterized by the depiction or description of sexual
activities or contact with sexual anatomical areas of human beings
and has a sign visible from the public right-of-way which advertises
the availability of this adult type of photographic reproductions
or offers sleeping rooms for rent on a regular basis for a period
of time which is less than 10 hours.
C.
Criteria for approval of site plan. An adult use shall only be permitted
subject to the following requirements:
(1)
Located in an I Zoning District.
(2)
Spaced at least 1,000 feet from another adult use.
(3)
Spaced not less than 500 feet from the boundary of any R1, R2,
R3, or CN Zoning District.
(5)
Not conducted in any manner that permits the observation of
the adult use or a picture or representation of the adult use from
any road, drive, internal drive, driveway and/or pedestrianway or
from any adjoining lot.
(6)
Complies with all other applicable provisions of this chapter
and other applicable laws.
A.
Storage in front or side yards.
[Amended 1-10-2023 by L.L. No. 1-2023 (Res. No. 25-2023)]
(1)
No front yard or side yard in any district shall be used for
the storage of any vehicles or for the storage of any parts or equipment
for making repairs to any kind of vehicles.
(2)
No front yard setback or side yard setback in any district shall
be used for the storage of any travel trailers, recreational vehicles,
boats or boat trailers or snowmobiles, ATVs and associated trailers.
(3)
All vehicle storage shall be within existing driveways and shall
be in compliance with clear vision requirements at all times.
B.
Storage of unregistered and unlicensed motor vehicles and/or parts.
[Amended 1-10-2023 by L.L. No. 1-2023 (Res. No. 25-2023)]
(1)
In
any district, there shall be no outside storage of any unregistered,
unlicensed or uninspected motor vehicles for a time period longer
than 15 days in any calendar year.
(2)
In any district, except at a vehicle repair shop or vehicle salvage yard operated in compliance with Chapter 525, Attachment 1, the Use Regulation Table, there shall be no outside storage of any vehicle which due to a motor vehicle accident, motor vehicle fire, intentional damage, mechanical failure, or any other factor is not operable or could not pass New York State inspection.
C.
Outside storage of materials in the CN, CR and I Districts. Items
and material for sale or used in fabrication/processing on any site
in the CN, CR and I Districts shall be stored within a secure fence
that effectively screens such material from the adjoining public roads
and any residential uses.
D.
Storage of recreational vehicles. In any district, there shall be
no outside storage of recreational vehicles, travel trailers, or campers
for a time period longer than 15 days in any calendar year except:
(1)
The storage of recreational vehicles, travel trailers, or camping
vehicles that are currently registered and inspected for highway use
in New York State; or
(2)
Side-in truck campers that are maintained in a roadworthy condition
and are stored in a safe manner in a level and upright position; or
(4)
The recreational vehicle is owned by the occupant of the property.
E.
Storage of boats and other watercraft. In any district, there shall
be no outside storage of boats, vessels, or personal watercraft for
a period longer than 15 days in any calendar year except as an accessory
use where:
(1)
A trailerable boat, vessel, or personal watercraft is on a suitable
trailer that is currently registered and inspected for highway use
in New York State; or
(2)
A trailerable boat, vessel, or personal watercraft is on a suitable
trailer, and the trailer is in a roadworthy condition, and the boat,
vessel, or personal watercraft is in a seaworthy condition; and
(3)
The trailerable boat, vessel, or personal watercraft is owned
by the occupant of the property.
Private stables, as defined in this chapter, shall meet the
following minimum standards:
A.
There shall be a minimum of three acres of land for each horse or
pony kept at the site in an R1 Zoning District; all other districts
in which private stables are allowed shall have a minimum of one acre.
B.
All buildings used to house or shelter such animals shall be located
a minimum of 100 feet from any lot line.
C.
No animal waste shall be stored within 100 feet of any lot line.
D.
Adequate fencing shall be provided to secure and contain animals
on the site.
Roadside stands are permitted in accordance with the following
minimum standards:
A.
All stands shall either be temporary structures to be removed in
the off-season or be constructed in such a way that they can be secured
when not in use.
B.
Stands shall be located a minimum of 10 feet from the right-of-way.
C.
Products sold or displayed shall be limited primarily to agricultural
products grown on the proprietor's property.
D.
Each stand shall be allowed a maximum of 32 square feet of signage
in a maximum of two signs. All signs shall be removed when the stand
is not in operation.
A.
Intent. It is the intent of this section to require that outdoor
lighting conserve energy, provide security and utility, and not adversely
impact the nighttime environment. Proposed outdoor lighting plans
shall, to the maximum degree possible, show that they do not adversely
impact the character of the community or cause excessive glare to
traffic, pedestrians, or adjoining properties.
B.
General requirements.
(1)
A development plan shall show and detail design features for
outdoor lighting sufficient to document compliance with the intent
of this section and any Town-adopted engineering standards.
(2)
A plan for outdoor lighting prepared by a design engineer may
be required to fully support design considerations and/or to validate
the mitigation of any lighting impacts associated with a development.
C.
Special site plan requirement. When an application for a building permit or variance includes a lot where, in the determination of the Code Enforcement Officer, a significant impact associated with outdoor lighting is likely to occur as a result of a development, the application shall be referred to the Planning Board as a site plan application under Article VIII.
A.
The intent of this section is to control and regulate the impacts
associated with an outdoor recreational use to assure minimum adverse
impact on surrounding uses. Outdoor recreational use includes a golf
course; a football, polo, soccer, baseball or softball field; a tennis
court; a racetrack; any outdoor show area; and any similar use.
B.
General requirements.
(2)
An outdoor recreational use located within 500 feet of a lot
line for any existing residential use shall schedule all events to
end prior to 11:00 p.m.
(4)
Where an outdoor recreational use abuts an existing residential use and is designed or intended to be operated or open for business anytime after 9:00 p.m., a buffer, in accordance with § 525-111, equal to the requirements for an industrial use shall be provided on the lot of the outdoor recreational use.
C.
Sanitary requirements.
(1)
An outdoor recreational use shall provide for adequate and safe
public restroom and/or toilet facilities in accordance with the requirements
of the Chemung County Health Department, the New York State Department
of Health and the New York State Uniform Fire Prevention and Building
Code.
(2)
When temporary and/or portable restrooms are to be used to comply
with this subsection, no less than four shall be provided.
A.
Intent. This section is intended to establish sound-level requirements
sufficient to permit the enjoyment and use of adjoining lots without
the adverse impacts associated with unnecessary or unusually high
levels of sound. The sound-level requirements established in this
section are considered to be minimum requirements, and more-restrictive
requirements may be imposed to mitigate any measurable adverse sound
impact associated with a development.
B.
General requirements.
(1)
Unless specifically authorized in an approved site plan, a use
on a lot shall not produce a sound level that exceeds an average of
70 decibels (db) over any twenty-minute period from 8:00 a.m. to 10:00
p.m. and of 55 decibels (db) at all other times, measured at a lot
line of the lot.
(2)
A sound level deemed by a public health authority to be a danger
to the public-at-large in the vicinity of a use creating such sound
shall be prohibited.
(3)
All construction equipment in use on a construction site shall
be equipped with mufflers and used in such a manner as to control
the creation of excessive noise.
(4)
An outdoor sound system located in either an R1, R2, or R3 Zoning
District or in another zoning district within 1,000 feet of an R1,
R2, or R3 Zoning District boundary shall not be operated at any time
after 11:00 p.m. or earlier than 8:00 a.m., local time.
C.
Exceptions.
(1)
Sound levels of construction activities for a development pursuant to an approved site plan or building permit may exceed the limits established in § 525-119, provided that such sound does not occur in any of the following circumstances:
(2)
Specific sound levels in excess of the requirements of § 525-119B may be approved in a site plan.
(3)
A governmental use is not restricted by the requirements of
this section.
Any existing trailer or mobile home park, previously approved
under the provisions of an applicable local law or ordinance that
is repealed is, for the purposes of this chapter; defined as an alternative
dwelling park.
A.
Intent. The intent of this section is to ensure that those residents
of the Town who may reside in an alternative dwelling park are provided
with a safe and secure environment in which to live. The creation
of reasonable bulk and density, traffic control, fire-protection and
utility requirements will provide a degree of protection of health,
safety and welfare for these residents equal to that of any other
style of residential living. These requirements are also provided
to protect existing uses that may adjoin a proposed alternative dwelling
park from significant adverse impacts associated with the development
of an alternative dwelling park.
B.
License requirement. All alternate dwelling parks shall apply for
and receive a license from the Town of Southport annually. Such license
shall be provided by the Town only if all safety and sanitary requirements
of this section are met. No alternate dwelling park shall operate
in the Town of Southport without a Town license.
C.
Special site plan requirement. Any extension or significant modification of or change to the layout, bulk, density, utilities, drives, internal drives or roads for an existing alternative dwelling park shall require a site plan amendment in accordance with Article VIII and the provisions of this section.
D.
Requirements for a lot containing an alternative dwelling park.
(2)
Dwelling unit density requirement.
(a)
The Planning Board shall determine, in a site plan, if the dwelling
unit density and placement on a lot is appropriate in consideration
of natural land features, potential for environmental impact, traffic
and pedestrian movements and consistency with the Town Comprehensive
Plan.
(b)
The gross dwelling unit density shall be calculated using the
total usable acreage and shall in no instance exceed five dwelling
units for any acre or a maximum of 150 dwelling units.
(3)
Access requirements. A site plan for an alternative dwelling
park shall include provisions for compliance with the following minimum
access requirements:
(a)
A minimum of two vehicular drives shall be provided to an alternative
dwelling park.
(b)
The drives may originate from any road except a private road.
(c)
The intersection of one drive with a road shall be separated
a minimum distance of 500 feet from any other drive servicing the
lot.
(d)
Each drive shall either directly align with an opposing drive
or shall be offset at a minimum distance as established by a traffic
study.
(e)
Each drive shall be located a minimum distance of 500 feet from
any intersection of roads.
(4)
Vehicular and pedestrian circulation requirements.
(a)
A site plan application for an alternative dwelling park shall
document that there are adequate and safe provisions for internal
vehicular and pedestrian traffic movements. A traffic study may be
required as the basis of design for the site access and internal road
and pedestrian access/circulation. The documentation in the site plan
application shall, at a minimum, provide for:
(b)
The documentation associated with internal vehicular movements,
parking and pedestrian circulation in an alternative dwelling park
shall include, at a minimum, the following details:
[2]
Parking area construction drawing, including surface design
and markings.
[3]
Plans for emergency vehicle, public transportation and school
bus access.
[4]
Pedestrian access design, including sidewalks, walkways, crosswalks,
signs, and pavement marking, with details for access to any public
or common area, including school bus or public transportation stops,
parks and/or recreational structures.
[5]
A design for the access of United States Postal Service delivery
of mail and the access for tenants to receive or pick up their individual
mail.
[6]
A drive and/or internal drive maintenance plan having provisions
for maintaining the drive surface, snow removal and storage, continuous
access for all emergency vehicles and parking control.
E.
Dead-end road, drive and/or internal drive requirements.
(1)
A road or drive located on a lot containing an alternative dwelling
park and providing access to an individual dwelling unit lot within
the alternative dwelling park shall be continuous and without end.
(2)
An internal drive located on a lot containing an alternative
dwelling park and that exceeds 500 feet in length or provides access
to more than five dwelling units shall be continuous and have two
separate and distinct connections with a drive.
(3)
An internal drive located on a lot containing an alternative
dwelling park and that is over 150 feet in length or provides access
to more than three dwelling units shall be provided with a turnaround
suitable for the expected vehicular traffic, including emergency vehicles.
F.
Buffer, landscape and barrier requirements.
(1)
A lot containing an alternative dwelling park shall have and maintain buffers, landscaping and barriers along the perimeter of the lot that comply with the same requirements as those for a business use set in § 525-111.
(2)
A lot containing an individual dwelling unit within an alternative dwelling park shall have and maintain buffers, landscaping and barriers along the perimeter of the lot that comply with the same requirements as those for a residential use set in § 525-111.
(3)
The Planning Board may, in an approved site plan, require greater
buffer, landscape and barrier requirements to mitigate those impacts
associated with an alternative dwelling park development on an adjoining
lot.
G.
Fire-protection equipment and design.
(1)
An alternative dwelling park development site plan shall include
design provisions for firefighting: These provisions may include:
(2)
A site plan application shall include a detailed plan for all
fire-protection equipment to be provided in the alternative dwelling
park development. This plan shall be prepared by a design engineer,
and the equipment shall be designed, constructed, installed and maintained
in accordance with all applicable standards of the New York State
Uniform Fire Prevention and Building Code.
H.
Solid waste storage and removal requirements. An approved site plan
for an alternative dwelling park shall include adequate provisions
for the storage and removal of solid waste in accordance with the
New York State Fire Prevention and Building Code, the New York State
Environmental Conservation Law and the laws of the County of Chemung.
Each site plan application shall include the following:
(1)
A provision for either curbside pickup or central dumpster location
within the alternative dwelling park.
(2)
The applicant shall include in a maintenance plan a procedure
and responsibility for the policing of the area used for solid waste
collection, which shall include provisions for cleaning up any solid
waste improperly disposed of or otherwise scattered on the property.
I.
Recreation parks, playgrounds and open space in an alternative dwelling
park.
(1)
An alternative dwelling park site plan shall include provisions for recreation parks, playgrounds and open space in accordance with § 525-102.
(2)
The Planning Board may consider certain ancillary recreational facilities in lieu of the recreation parks, playgrounds and open space. Such facilities shall be specifically approved by the Planning Board and shall be deemed to be and shall function as accessory structures and/or uses and as such comply with § 525-87. These recreational facilities shall be compatible with the residential character of the development and may include a:
J.
Facility maintenance requirements.
(1)
An alternative dwelling park approved in a site plan shall be
subject to an annual inspection by the Code Enforcement Officer to
document compliance with this chapter, the conditions of site plan
approval and the applicable provisions of the New York State Uniform
Fire Prevention and Building Code prior to the issuance of a license.
(2)
An alternative dwelling park approved in a site plan shall be
maintained in perpetuity, by the developer or any successors thereto,
in such condition as intended by the approved site plan and in accordance
with the provisions of such approval and any condition thereof.
(3)
It shall be a violation of this chapter to maintain an alternative
dwelling park in noncompliance with this subsection.
K.
L.
Accessory building and use requirements. Except for an accessory building and/or use associated with an individual dwelling unit as specified in Subsection N, an accessory building and/or use shall comply with the requirements specified in Article V, § 525-24, for a residential use in an AR Zoning District.[1]
[1]
Editor's Note: The Bulk and Density Control Schedule is included as an attachment to this chapter.
M.
Utility requirements.
(1)
An approved site plan shall include the design and construction specifications for all utilities, including electric, telephone, gas or other fuel source, water, sewer, and television, required to service the alternative dwelling park and each individual dwelling site. Such plans shall comply with the provisions of § 525-103.
(2)
Television service to the alternative dwelling park shall be
provided as a consolidated system for the entire site. No individual
antennas shall be permitted on dwelling unit sites.
N.
Individual dwelling unit site requirements.
(2)
(3)
Individual dwelling unit site access. An individual dwelling
unit site shall be provided with driveway access from a drive or internal
drive, and such driveway shall comply with the applicable provisions
of the Town of Southport Driveway Standards.
(4)
Dwelling unit installation requirements.
(a)
Each individual dwelling unit site, pad or foundation shall
comply with the applicable provisions of and the generally accepted
standards prescribed in the New York State Uniform Fire Prevention
and Building Code for the construction of sites and the installation
of dwelling units.
(b)
When the dwelling unit is a mobile home, the reference standard
for construction shall be as prescribed in the New York State Uniform
Fire Prevention and Building Code, specifically Subchapter D and Reference
Requirement 68.
(c)
When the dwelling unit is not a mobile home, the reference standard
for construction shall be as prescribed in the New York State Uniform
Fire Prevention and Building Code, specifically Subchapter B.
(d)
A site plan for an alternative dwelling park must include certification
by the design engineer that the project is compliant with the New
York State Uniform Fire Prevention and Building Code, specifically
Subchapter B and/or D.
(e)
In addition to all other requirements of this subsection, each
individual dwelling unit and/or site shall meet the following minimum
requirements:
[1]
The site shall be properly drained and compacted to support
the weight imposed on the ground by the installed dwelling unit.
[2]
Each dwelling unit shall be stabilized either in accordance
with the manufacturer's specification, the standards referenced in
this subsection, or an engineering design completed by a design engineer
specific to the dwelling unit and/or site.
[3]
Anchors and/or rollover protection, as provided for in the manufacturer's
specification, the standards referenced in this subsection or an engineering
design completed by a design engineer specific to the dwelling unit,
shall be provided for each dwelling unit installed.
B.
Buffer, landscaping and barrier requirements.
(1)
Landscaping requirements.
(a)
The entire lot, except for area covered by a structure or surfaced
as parking area and/or other ancillary use, shall be seeded or planted
with ground covers and suitable landscaping in accordance with an
overall landscaping plan approved as part of an approved site plan.
(b)
All landscaping shall be maintained by the developer in perpetuity.
(2)
Buffer requirements.
(a)
A buffer, landscaping and barrier in accordance with § 525-111 and any conditions of an approved site plan shall be maintained by the developer in perpetuity.
(b)
A minimum buffer of 100 feet in width shall be maintained between
a flea market use and the lot line of an adjoining lot containing
a residential use.
(c)
No structure, vendor or parking area shall be permitted within
a buffer.
(d)
Barrier requirements. Any material incidental to the flea market
use, including trash, boxes, goods and wares and other materials,
stored outside a building shall be:
(3)
Parking requirements.
(4)
Outdoor sound or public-address system requirements. Unless
specifically approved in a site plan, an outdoor sound or public-address
system is not permitted for a flea market.
(5)
Sanitary facility requirement.
(a)
A flea market shall provide for adequate and safe public restroom
and/or toilet facilities in accordance with the requirements of the
New York State Department of Health and the New York State Uniform
Fire Prevention and Building Code.
(b)
When temporary and/or portable restrooms are to be used to comply
with this subsection, no fewer less than four shall be provided.
(6)
Other requirements.
(a)
With the exception of a permitted sign and/or required restroom
facilities, there shall be no permanent or temporary accessory structure
unless approved per the site plan.
(b)
All tables, stands and/or other display equipment and all vehicles
shall be removed from the lot at any time that the flea market is
not open to the public for any period of time greater than 72 hours.
(c)
No overnight camping or permanent occupancy shall be permitted
unless specifically authorized in an approved site plan.
A.
Density and runway location requirements.
(1)
A minimum lot size of 25 acres is required for an airport and
heliport.
(2)
To the greatest extent possible, a runway shall be aligned and
located so that the flight path, as measured for a distance of 1,000
feet from the end of the runway, does not align directly over any
existing residence or other occupied building other than those used
in support of the airport or heliport use.
B.
Buffer, landscaping and barrier requirements.
(1)
Landscaping requirements.
(a)
The entire lot, except for area covered by a structure or surfaced
as parking area and/or other ancillary use, shall be seeded or planted
with ground covers and suitable landscaping in accordance with an
overall landscaping plan approved as part of an approved site plan.
(b)
All landscaping shall be maintained by the developer in perpetuity.
(2)
Buffer requirements.
(a)
A buffer, landscaping and barrier in accordance with § 525-111 and any conditions of an approved site plan shall be maintained by the developer in perpetuity.
(b)
A minimum buffer of 100 feet in width shall be maintained on
the lot of the airport or heliport use and the lot line of an adjoining
lot containing a residential use.
(c)
No structure or parking area shall be permitted within a buffer.
(3)
Barrier requirements. Any material incidental to the airport
or heliport use, including trash, boxes, aircraft parts and other
materials, stored outside a building shall be:
C.
Maintenance facility requirements. All aircraft repair and/or maintenance,
with the exception of fueling, shall be conducted inside of a principal
or accessory structure unless otherwise prohibited by local, state
or federal law, rule or regulation.
D.
Fuel or tank farm requirements. A fuel or tank farm shall be located
a minimum of 200 feet from any lot line and shall meet any applicable
local, state or federal law, rule or regulation.
E.
Operating hour requirements. Standard operations of aircraft shall
be limited to between the hours of 5:00 a.m. and 10:00 p.m.
B.
Buffer, landscaping and barrier requirements.
(1)
Landscaping requirements.
(a)
The entire lot, except for area covered by a structure or surfaced
as parking area and/or other ancillary use, shall be seeded or planted
with ground covers and suitable landscaping in accordance with an
overall landscaping plan approved as part of an approved site plan.
(b)
All landscaping shall be maintained by the developer in perpetuity.
(2)
Buffer requirements.
(a)
A buffer, landscaping and barrier in accordance with § 525-111 and any conditions of an approved site plan shall be maintained by the developer in perpetuity.
(b)
A minimum buffer of 100 feet in width shall be maintained on
the lot of the rod and gun club use and the lot line of an adjoining
lot containing a residential use.
(c)
No structure or parking area shall be permitted within a buffer.
(3)
Barrier requirements. Any material incidental to the rod and
gun club use, including trash, boxes, and other materials, stored
outside a building shall be:
C.
Parking requirements.
D.
Noise control requirement. Noise levels generated by a use shall
be no greater than 55 decibels as measured at the boundaries of the
lot occupied by the use creating noise during events.
E.
Sanitary facility requirement.
(1)
A rod and gun club shall provide adequate and safe public restroom
and/or toilet facilities in accordance with the requirements of the
New York State Department of Health and the New York State Uniform
Fire Prevention and Building Code.
(2)
When temporary and/or portable restrooms are to be used to comply
with this subsection, no fewer less than four shall be provided.
Filling of any lot in the Town of Southport shall be done in
accordance with the following minimum standards:
A.
All fill material shall be clean fill meeting NYSDEC's definition
and shall include no blacktop, asphalt, concrete, rocks or other substances
larger than three feet in any linear dimension.
B.
All areas being filled shall be leveled and seeded within 45 days
of the placement of the fill and in all instances prior to October
15 of any year.
C.
A minimum of four inches of earth or topsoil shall be placed over
the clean fill in order to support vegetation.
D.
No lot shall be filled to an elevation that exceeds surrounding grade
level without prior Planning Board approval.
E.
No fill shall be placed in any drainage swales or ways in any manner
that will reduce or modify the capacity of such swales and/or the
direction of stormwater flows.
A.
Intent. Although outdoor wood-burning furnaces may provide an economical
alternative to a conventional heating system, the Town has identified
concerns regarding the safety, environmental impacts and potential
nuisance factors of these devices. Of particular concern are the production
of offensive odors and potential health effects of the uncontrolled
emissions. The Town, therefore, herein establishes certain limitations
and standards for the installation of such devices within the Town.
B.
FIREWOOD
OUTDOOR WOOD-BURNING FURNACE
UNTREATED LUMBER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Trunks and branches of trees and bushes, but does not include
leaves, needles, vines or brush smaller than two inches in diameter.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated external to and outside of
the principal structure on a lot, for the primary purpose of combustion
of any fuel to produce heat or energy used as a component of a heating
system providing heat for any interior space or water supply.
Dry wood which has been milled and dried but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other similar substances.
C.
Permit required. No person shall cause, allow or maintain the use
of an outdoor wood-burning furnace within the Town without first having
obtained a permit from the Code Enforcement Officer.
D.
Where permitted. Outdoor wood-burning furnaces shall only be permitted
in the AR, R1, and I Zoning Districts where the minimum standards
contained herein can be met.
E.
Specific requirements:
(1)
Permitted fuel. Only firewood and untreated lumber as defined
herein are permitted to be burned in any outdoor furnace. The burning
of any other materials in an outdoor wood-burning furnace is prohibited.
(2)
Minimum lot size. Outdoor wood-burning furnaces shall only be permitted on lots of four acres or more within the zoning districts as specified in § 525-125D above.
(3)
Minimum setbacks. Outdoor wood-burning furnaces shall be set
back not less than 200 feet from a lot line.
F.
Suspension of permit. A permit issued pursuant to this section may
be suspended as determined necessary by the Code Enforcement Officer,
for cause, as follows:
(1)
Emissions from the outdoor wood-burning furnace that contain
malodorous air contaminants that are detectable outside of the property
boundaries on which the outdoor wood-burning furnace is located;
(2)
Emissions from the outdoor wood-burning furnace that interfere
with the reasonable enjoyment of life and property;
(3)
Emissions from the outdoor wood-burning furnace that cause damage
to vegetation or property; or
(4)
Emissions from the outdoor wood-burning furnace that are or
may be harmful to human or animal health.
G.
Existing outdoor wood-burning furnaces. Any outdoor wood-burning furnace in existence on the effective date of this provision of the Zoning Law shall be permitted to remain, provided that the owner applies for and receives a permit under this section within one year of the effective date; provided, however, that the outdoor wood-burning furnace does not exceed any of the parameters set forth in § 525-125F(1) to (4).
A.
Applicability. The standards provided in this section shall apply
to all perennial and intermittent streams delineated in USGS maps.
Perennial streams are depicted on a USGS map with a solid blue line.
Intermittent streams are depicted on a USGS map with a dotted blue
line.
B.
Protection requirements for perennial streams.
(1)
A vegetative buffer shall be required for all development activities
that occur in proximity to perennial streams with additional considerations
for wetlands and steep slopes. Protection shall be divided into a
riparian buffer and a setback area that protects overall water quality
by limiting development in accordance with the adjacent land's ability
to filter sediment, nutrients and other pollutants. This protection
will provide stability to the stream and streambank. The minimum total
setback width for all perennial streams combined is 100 feet. There
is no established maximum setback width.
(2)
Applicable riparian buffer and setback areas shall be delineated
on all site plans, special use permit, and variance applications.
This delineation shall be subject to review and approval by the appropriate
board or officer. Prior to any soil-disturbing activity, the riparian
buffer and setback area shall be clearly delineated on site and shall
be undisturbed until the project is complete.
C.
Riparian buffer. The function of the riparian buffer is to protect
the physical and ecological integrity of the portion of the riparian
corridor in closest proximity to the stream through protection and
enhancement of the native vegetation. Native vegetation provides shade,
leaf litter, woody debris, erosion protection, and filtering of sediment,
nutrient and pollutant loads to the stream.
(1)
The riparian buffer will begin at the top of the stream bank
and extend a minimum of 50 feet horizontally measured in a direction
directly perpendicular to the stream bank in a horizontal plane. This
area will utilize the restrictions accorded to the riparian buffer.
(2)
Development and use are restricted to the following, the entirety
of which may not modify or interrupt more than 10% of the entire riparian
buffer unless necessary for the protection of human health, utility
usage, public infrastructure, or the betterment of the riparian corridor:
(a)
Benches or seating;
(b)
Flood control, stormwater management structures, and stream
bank stabilization measures approved by the Chemung County Soil and
Water Conservation District, Natural Resource Conservation Service,
Army Corps of Engineering, or New York States Department of Environmental
Conservation;
(c)
Stream crossings necessary to access the property by driveway,
transportation route, or utility line which are designed to minimize
negative impacts to the stream and riparian buffer;
(d)
Public water supply intake or public wastewater outfall structures;
(e)
Public access and public recreational facilities that must be
on the water, including boat ramps, docks, foot trails leading directly
to the stream, fishing platforms and overlooks;
(f)
Nonpaved recreational trails no wider than 10 feet that either
provide access to the stream or are part of a continuous trail system
running roughly parallel to the stream;
(g)
Temporary use of erosion control measures such as silt fencing.
D.
Setback area. The function of the setback area is to filter sediment,
nutrients and pollutants in runoff and slow the rate at which runoff
enters the riparian buffer.
(1)
The setback area will begin at the outward edge of the riparian
buffer and provide a minimum width of 50 feet. This area will utilize
the restrictions accorded to the setback area.
(2)
Within the setback area, development uses are restricted to
the following:
(a)
All development and uses permitted in the riparian buffer;
(b)
Minor recreational structures and surfaces to allow passive
recreation in the setback area, such as decks, picnic tables, playground
equipment, and small concrete slabs, the total area of which is not
to exceed 200 square feet each and in the aggregate to occupy no more
than 10% of the setback area;
(c)
Fences, provided such structures do not impede floodwaters;
(d)
Landscaping, mowing, decorative planting or improvements that
do not encroach upon or impact the integrity of the riparian buffer;
(e)
Agricultural operations, provided that structures are not erected
in the setback area.
E.
Prohibited activities. The following activities are explicitly prohibited
in both the riparian buffer and setback area:
(1)
Storage or placement of any hazardous materials. All sewage
systems, both drainfields and raised systems and replacement of existing
wells, must adhere to a one-hundred-foot buffer from perennial streams.
(2)
Waste storage and disposal, including, but not limited to, disposal
and dumping of snow and ice, recyclable materials, manure, hazardous
or noxious chemicals, used automobiles or appliance structures, and
other abandoned materials.
(3)
No combination of allowed or exempt activities may compromise
or alter more than 10% of the total riparian buffer and setback area
that lies within a tax parcel.
(4)
Public water supply wells must be set back more than 200 feet
from top of stream bank; private wells are not allowed in the riparian
buffer.
(5)
Mining or removal of soil, sand and gravel, and quarrying of
raw materials.
(6)
Dredging, deepening, widening, straightening or any such alteration
of the beds and banks of natural streams, except where the New York
State Department of Environmental Conservation has issued a permit
expressly allowing such activities on the parcel.
(7)
Parking of motorized vehicles.
F.
Protection requirements for intermittent streams. For those streams
classified as intermittent, only the riparian buffer shall apply.
For an intermittent stream, the buffer will begin at the top of the
stream bank and extend a minimum of 50 feet horizontally, measured
in a direction directly perpendicular to the stream bank in a horizontal
plane. All provisions applicable to the riparian buffers for perennial
streams should apply to intermittent streams.
G.
Exemption. Any agricultural use existing as of the effective date
of this chapter shall be exempt from the provisions of this section.
A.
Temporary storage unit. A temporary storage unit shall comply with
the following conditions:
(1)
There shall be only one temporary storage unit per residential
lot and no more than three temporary storage units per nonresidential
lot.
(2)
A temporary storage unit shall not exceed eight feet in width,
16 feet in length, and 8.5 feet in height in R1, R2, R3 and CN Districts
and shall not exceed eight feet in width, 40 feet in length and 8.5
feet in height in AR, CR, I and C Districts.
(3)
All temporary storage units must comply with the setbacks for
the district in which they are located.
(4)
The storage of toxic or hazardous material is prohibited.
(5)
A temporary storage unit shall be located on an impervious surface,
if available.
(6)
A temporary storage unit shall not be located on a street, right-of-way,
or sidewalk, nor in a location that blocks or interferes with vehicular
and/or pedestrian circulation, and shall comply with all regulations
for the purpose of ensuring safe ingress and egress to dwellings,
access to utility shut-off valves, and for fire protection.
(7)
If a temporary storage unit is located on the lot for a period
exceeding 30 days, the owner or developer shall obtain a building
permit unless otherwise permitted. The building permit may be issued
for a period not to exceed three months and may be extended one time
for not more than one month.
(8)
All such temporary storage units shall be removed or discontinued
within 10 days after the expiration of the permit.
B.
Temporary bulk waste container. A temporary bulk waste container
shall comply with the following conditions:
(1)
There shall be no more than one temporary bulk waste container
on a residential lot and no more than three temporary bulk waste containers
on a nonresidential lot.
(2)
A temporary bulk waste container shall not be used to dispose
of toxic or hazardous material.
(3)
A temporary bulk waste container shall be located only on the
lot on which active construction is taking place.
(4)
A temporary bulk waste container shall not be located on a street,
right of way, or sidewalk, or in a location that blocks or interferes
with vehicular and/or pedestrian circulation, and shall comply with
all regulations for the purpose of ensuring safe ingress and egress
to dwellings, access to utility shut-off valves, and for fire protection.
(5)
A temporary bulk waste container shall have a minimum setback
of five feet from any property line.
(6)
A temporary bulk waste container shall be limited to use for
construction of the project at the site of such construction and shall
be removed from the site within seven days of the end of active construction.
(7)
If a temporary bulk waste container is located on the lot for
a period exceeding 60 days, the owner or developer shall obtain a
building permit, unless otherwise permitted.
Filling, storage, pavement and other encroachments on natural
drainage and flood flows are prohibited in the Conservation District.
Larger structures are generally prohibited. However, restrooms and
other facilities may be necessary to support desirable low-impact
recreation and agricultural uses. Whenever possible, such structures
should be located outside of the Conservation District. When this
is not feasible, small structures are permitted on parcels larger
than 10 acres, provided that the building is customarily incidental
to the recreational, agricultural or open space use. Recreational
vehicles, trailers and portable toilets shall be adequately anchored
to resist flotation. Open pavilions are not considered structures
and are thus permitted. These considerations should be taken up by
the Planning Board during the site plan review of the proposed use.
[Added 9-8-2020 by L.L. No. 2-2020 (Res. No. 134-2020)]
A.
Restrictions. The following uses shall not be permitted at an events
center:
(1)
Concerts and/or live outdoor music performances, except that
live outdoor music performances may be allowed in the AR district
if included in an events center management plan approved by the Planning
Board pursuant to the requirements of this section.
(2)
Overnight lodging or camping.
(3)
Drive-in movie theater.
(4)
Wine or beer tasting facility. A wine or beer tasting facility
does not include the service of alcoholic beverages incidental to
an approved events center use.
(5)
Any other use, as determined by the Code Enforcement Officer,
that does not constitute an events center use.
B.
General requirements. An events center use may be permitted when
an approved site plan documents compliance with the following minimum
requirements:
(1)
A minimum lot size of three acres is required for an events
center.
(2)
A minimum buffer of 50 feet in width shall be maintained between
an events center use and the lot line of an adjoining lot containing
a residential use, and a minimum buffer of 50 feet in width shall
be maintained between an events center use and the lot line of all
other adjoining lots. Appropriate landscaping shall be included within
the buffer. No structure, vendor, storage area, sanitary or toilet
facility, or parking area shall be permitted within this buffer.
(3)
Garbage and rubbish.
(a)
No materials related to an events center use shall be stored
outside a building, except for garbage and rubbish. Any outdoor storage
of garbage and rubbish incidental to the events center use shall be
only in suitable containers and shall be:
(b)
This subsection shall not apply to a trash can or similar receptacle
placed outside during an event to receive garbage or rubbish from
attendees.
(4)
Noise and sound requirements.
(a)
Sound levels generated by an events center use shall be no greater than 70 decibels as measured at the boundaries of the lot occupied by the use creating noise during events. Sound levels shall also comply with § 525-119.
(b)
An outdoor sound or public-address system shall not be permitted
in the CN or CR district. Unless specifically approved in a site plan,
an outdoor sound or public-address system shall not be permitted for
an events center in the AR district.
(5)
Operating hours of the events center shall be limited to the
hours between 8:00 a.m. and 10:00 p.m. For purposes of this section,
all events must terminate by 10:00 p.m., meaning all food, drinks,
service and entertainment must end by 10:00 p.m. It is understood
that attendees and servers and their vehicles shall have a reasonable
amount of time thereafter to vacate the premises; provided, however,
that all attendees and servers and their vehicles shall have vacated
the premises and the events center's lighting shall be extinguished
by no later than 11:00 p.m., except for lighting ordinarily used for:
(6)
Parking.
(a)
No on-road parking associated with the events center use is
permitted.
(b)
The parking area of an events center shall meet the requirements
of the Americans with Disabilities Act (ADA)[1] and the applicable provisions of § 525-71. This requirement shall not preclude the events center from utilizing shuttle buses or other methods of guest transportation.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(7)
Sanitary facility requirement.
(a)
An events center shall provide for adequate and safe public
restroom and/or toilet facilities in accordance with the requirements
of the New York State Department of Health and the New York State
Uniform Fire Prevention and Building Code.
(b)
Temporary and/or portable restrooms associated with an events
center use shall not be permitted in the CN or CR districts. Temporary
and/or portable restrooms shall not be permitted in the AR district
unless approved in a site plan. When temporary and/or portable restrooms
are used to comply with this subsection, no fewer than four shall
be provided.
(8)
Lighting.
(b)
Outdoor lights in connection with an events center use, except
for those ordinarily used for security and safety purposes or in the
ordinary course of property use not related to the events center use,
shall be extinguished by no later than 11:00 p.m.
(10)
Tents. There shall be no more than a total of 200 square feet
of space under a tent or tents associated with an events center use,
unless additional square footage is approved in a site plan.
C.
Events center management plan. Each events center shall require an
events center management plan. Such plan shall include plans related
to parking and traffic management, hours of operation, noise abatement,
lighting, sanitary facilities, and identification of and contact information
for emergency services. Such plan shall be incorporated into the special
use permit and site plan approval.
D.
Additional provisions.
(1)
A special use permit for an events center shall not be transferable. The provisions of § 525-159B providing for the transfer of special use permits to successive property owners shall not apply to special use permits for events center uses.
(2)
Special use permit conditions. Each special use permit for an
events center shall include, but shall not be limited to, conditions
providing the following:
(a)
The special use permit for an events center shall establish
the maximum occupancy for such events center.
(b)
The special use permit for an events center shall establish
the maximum frequency of events permitted (e.g., number of events
per year, month, week, etc.).
(c)
Any other conditions deemed appropriate by the Planning Board,
including but not limited to those on operation, design and layout
reasonably necessary to ensure compatibility with surrounding uses.
E.
Individual events and subsequent review. Notwithstanding § 525-128.1C and § 525-159 of this chapter, once a special use permit has been granted to permit an events center at a particular site, individual events may be held at the site without further review by the Planning Board so long as such events comply with the limitations in the events center management plan and special use permit.
