Article IV District Regulations

Principal structure. Except as provided in Subsection A(4), the maximum height of a principal structure shall not exceed either 2 1/2 stories or 35 feet, except that in I and IP Districts, the maximum height of a principal structure shall not exceed either three stories or 45 feet.

Accessory structure. Except as provided in Subsection A(4), the maximum height of an accessory structure shall be 15 feet, except that in nonresidential districts, the maximum height of an accessory structure shall be 20 feet.

Measurement. The measurement of the height of a structure shall be the vertical distance from the finished grade level to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevators, tanks and similar permitted exceptions, as set forth below, shall not be included in determining the height. See diagram.

Height exceptions. The following are excluded from the height limitations in Subsection A(1) and (2).

In the A, RA3, and RA5 Districts, barns, silos, water towers or tanks or other farm buildings or structures on farms, provided that they are not less than 100 feet from any property line if they exceed the height limitation.

Water towers, church spires, belfries, cupolas and domes, not for human occupancy, monuments, observation towers, transmission towers, chimneys, smokestacks, derricks, flagpoles, radio towers, masts and aerials, ventilators, skylights, water tanks and necessary appurtenances usually carried above roof level. Such features shall be erected only to such heights as are necessary to accomplish the purpose they are to serve.

Hotel; see § 280-40, Supplemental regulations.

Yard requirements.

Principal structure. Except as provided in Subsection B(4), a principal structure shall have the following minimum lot area, maximum lot coverage, minimum building line width, front yard setback, side yard setback, and rear year setback (see diagram below):

			Yards (feet)
District	Lot Area (Minimum)	Bldg. Line (Minimum Width) (feet)	Front	Side	Rear	Lot Coverage (Maximum Percentage)
A	2 acres	200	50	50	100	30%
RA3	3 acres	200	50	50	100	30%
RA5	5 acres	200	50	50	100	30%
R40	40,000 square feet	200	35	35	50	30%
R30	30,000 square feet	150	35	30	50	30%
R20	20,000 square feet	125	35	20	50	30%
R15	15,000 square feet	100	35	15	35	30%
R10	10,000 square feet	80	35	12.5	30	30%
MR	See § 280-15D	100	35	15	30	30%
TH	N/A	20	35	10	35	30%
BNRP	7,500 square feet	50	25	10	35	70%
LB	20,000 square feet	100	25	15	15	70%
GB	20,000 square feet	100	25	15	15	75%
I	30,000 square feet	100	45	25	25	70%
IP

Accessory structure.

Except in the IP District, an accessory structure shall be located in the rear yard.

A minor accessory structure shall be a minimum of five feet from a rear or side lot line.

A major accessory structure shall comply with the setback requirements for a principal structure in the applicable district, except that in a Residential District, a major accessory structure shall be a minimum of 10 feet from any rear or side lot line.

A major accessory structure in excess of 1,000 square feet shall have a minimum setback of 15 feet from any rear or side lot line.

[Amended 9-20-2016 by L.L. No. 5-2016]

A swimming pool shall be a minimum of 10 feet from any property line. See § 280-40, Supplemental regulations.

Measurements. The measurements of minimum yard dimensions shall be taken from the foundation.

Yard exceptions. No portion of a building shall extend into a required front, side or rear yard except as follows:

Open fire escape: four feet into side or rear yards.

Awning or movable canopy: six feet into any yard.

Cornice or eave or other similar architectural feature: three feet into any yard.

Uncovered porch or terrace: 10 feet into any yard, with a minimum five-foot setback.

Depth of required front yards shall be the distance between the front lot line or future right-of-way line, if determined, and the closest point of the front of the proposed foundation of the principal structure, excluding all projections not exceeding three feet in length or width from the foundation.

Corner lots. A required front yard shall be provided along each road frontage. See diagram.

District boundaries. The following minimum setback requirements shall apply for lots which adjoin other districts:

Where a lot in the MR District adjoins a Single-Family Residential District, then the side and rear yard setbacks shall be a minimum of 100 feet.

Where a lot in the BNRP District adjoins a Residential District, then the side and rear yard setbacks shall be a minimum of 40 feet.

Where a lot in the LB District adjoins a Residential District, then the side and rear yard setbacks shall be a minimum of 40 feet.

Where a lot in the GB District adjoins the LB or BNRP District, then the side yard setbacks shall be a minimum of 25 feet and the rear yard setback shall be a minimum of 50 feet.

Where a lot in the GB District adjoins a Residential District, then the side and rear yard setbacks shall be a minimum of 75 feet.

§ 280-25 Off-street parking and loading requirements.

Where a lot in the I District and IP District adjoins a Residential District, then the side and rear yard setback shall be a minimum of 100 feet.

Number of residential buildings. No more than one single-family dwelling or one two-family dwelling on any lot.

[Added 9-5-2017 by Ord. No. 10-2017]

Purpose. Off-street parking and loading requirements are intended to provide for adequate on-site parking and loading, provide for pedestrian and vehicular safety, preserve green space, reduce stormwater runoff, and ensure that the property on which the use is located is not overdeveloped.

Applicability. Except as otherwise provided, off-street parking and off-street loading requirements of this section shall be applicable when:

A building is erected, enlarged or structurally altered;

A permitted or allowed use is proposed; or

A use is changed to another use with greater parking requirements.

Off-street parking requirements. Off-street parking shall be provided as follows:

Minimum number of parking spaces. The minimum number of off-street parking spaces shall be provided as listed below. For uses not listed below, the Planning Board or Zoning Board shall use the list as a guide for determining requirements for similar unlisted uses.

Residential uses.

Use		Minimum Number of Spaces
Multifamily dwelling		1.5 spaces per dwelling unit
Manufactured housing unit		2 spaces per unit
Bed-and-Breakfast		1 space per guest room and 1 space per owner
Hotel, motel, and inn		1 space per room
	Residential facility
	Independent-living	1 space per room
	Assisted living	1 space per bed
Residential care facility		1.5 spaces per bed

Public assembly.

	Use	Minimum Number of Spaces
	Religious institution	5 spaces per 1,000 square feet of gross floor area or 1 space per 3 seats, whichever is greater
	Library and meeting room	5 spaces per 1,000 square feet of gross floor area

Non-retail uses.

[Amended 9-20-2016 by L.L. No. 5-2016]

	Use	Minimum Number of Spaces
	Day-care center	1 space per 6 enrolled children
	Indoor self-storage facility	0.15 per 1,000 square feet of gross floor area
	Mixed-use, local and neighborhood	3 spaces per 1,000 square feet of gross floor area for nonresidential use and 1.5 spaces per dwelling unit
	Mortuary or funeral home	10 spaces per 1,000 square feet of gross floor area
	Office, general	4 spaces per 1,000 square feet of gross floor area
	Office, medical	7 spaces per 1,000 square feet of gross floor area
	Public utility substation	1 space
	Preschool and nursery	1 space per 3 children
	Private school and commercial school	2 spaces per 3 seats in classrooms

Retail uses.

Use		Minimum Number of Spaces
Automobile service station		3 spaces per service bay
Bowling alley		4 spaces per lane
Commercial indoor recreational facility		10 spaces per 1,000 square feet of gross floor area
Dance hall, nightclub and skating rink		10 spaces per 1,000 square feet of gross floor area
Financial institution		4 spaces per 1,000 square feet of gross floor area
Grocery, pharmacy, and convenience food store		4 spaces per 1,000 square feet of gross floor area
Retail store		4 spaces per 1,000 square feet of gross floor area
Retail store selling furniture, automobiles, and bulky merchandise occupying major area of building		3 spaces per 1,000 square feet of gross floor area
Restaurant
	Drive-through	1 space per 2 seats or 20 spaces per 1,000 square feet of gross floor area, whichever is greater
	Sit-down	1 space per 3 seats or 10 spaces per 1,000 square feet of gross floor area, whichever is greater
	Bar and tavern	1 space per 2 seats and 5 spaces per 1,000 square feet of restaurant with bar standing room
Shopping Center
	Neighborhood	4 spaces per 1,000 square feet of gross floor area
	Local	4 spaces per 1,000 square feet of gross floor area
	Regional	4.25 spaces per 1,000 square feet of gross floor area
Tennis or racquetball club		4 spaces per court
Theater		1 space per 2 seats

Industrial.

	Use	Minimum Number of Spaces
	Manufacturing	1 space per employee
	Research and development	3 spaces per 1,000 square feet of gross floor area
	Wholesale	1 space per 700 square feet of gross floor area

Maximum number of parking spaces. Except for residential dwelling units, the maximum number of off-street parking spaces shall not exceed 125% of the minimum number of required off-street parking spaces calculated under § 280-25C(1).

Shared parking or loading space. Off-street parking requirements for two or more uses, structures, or lots may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures, or lots that their operations and parking needs do not overlap in point of time. If the uses, structures, or lots are under separate ownership, the right to joint use of the parking space shall be evidenced by a deed, lease, easement, contract, or other appropriate written document to establish the joint use.

Off-premises parking. Off-street parking for dwellings shall be located on the same lot as the dwelling. Other required parking spaces may be located on another lot, provided that the off-premises parking space is not farther than 200 feet from the proposed residential use or 300 feet from the proposed nonresidential use when measured in a straight line from the principal structure. The applicant has the burden of proving the existence of off-premises parking arrangements.

Land-banked parking. A part of a lot that could otherwise be used for required parking may be preserved as landscaped area or undeveloped green space. The reviewing board may allow or require land-banked parking in an amount not to exceed 25% of the minimum required parking spaces, subject to the following requirement:

The proposed land-banked parking shall be suitable for future parking.

The proposed land-banked parking shall not be used for any other purpose and shall be part of the lot or site proposed for the use.

The approved site plan shall show how that land-banked area could be converted to parking and shall be marked on the plan as "Land Banked for Possible Future Parking."

Land-banked parking shall be converted to parking use upon a determination of the Zoning Inspector that additional parking is needed.

Land-banked parking may be converted to parking at the request of the lot owner upon the approval of an amended site plan.

Multilevel parking facilities. The use of multilevel parking to satisfy off-street parking requirements may result in the overdevelopment and over-use of property and violate the purpose of this section. The construction of multilevel parking facilities shall only be allowed upon a showing by the applicant that:

The multilevel parking facility provides additional on-site green space at least equal to the gross floor area of all floors in the multilevel parking facility, excluding the ground-level floor.

The green space provided by the applicant is located on the same lot or site as the multilevel parking facility and is contiguous to the multilevel parking facility.

No parking or activities may be permitted on the roof of a multilevel parking facility unless fully screened from view.

Design standards for off-street parking areas.

Unless otherwise provided, parking shall not be located in a required setback and, except for shared parking, shall be located a minimum of five feet from a property line, except for a single- or two-family dwelling where parking may be permitted on a driveway which is located a minimum of three feet from a property line.

No entrance or exits for any off-street parking shall be located within 50 feet of a street intersection.

In all districts, except the I and IP Districts, off-street parking on corner lots shall be set back from one side street line a distance of not less than 20 feet.

In all districts, except as provided herein, off-street parking shall meet the following requirements:

Except for single-family dwellings, a parking space shall have a minimum rectangular dimension of nine feet in width and 18 feet in length for angle and ninety-degree parking, and nine feet in width and 22 feet in length for parallel parking. A driving aisle shall be 24 feet wide for two-way directional flows, 14 feet wide for forty-five-degree parking, and 18 feet wide for sixty-degree parking for one-way directional flows.

Except for single-family dwellings, the parking area shall be designed in such a manner that a vehicle leaving or entering the parking area from or into a public or private street shall be traveling in a forward direction. Access to driveways for parking areas or loading spaces shall be located in such a way that a vehicle entering or leaving such lot shall be clearly visible for a reasonable distance to any pedestrian or motorist approaching the access or driveway from a public or private street.

The parking area shall be improved with acceptable material to provide a durable and dust-free surface.

The parking area shall have proper drainage of surface water to prevent the drainage of stormwater onto adjacent properties or walkways. Permeable pavement shall be used where practicable to reduce runoff and improve water quality.

A driveway for a residence shall be located a minimum of three feet from the property line to allow for adequate snow storage and prevent the drainage of stormwater and negative impacts of a driveway use.

Fire lanes shall be maintained in the parking area at the front, side and rear of all buildings and structures on the site and properly painted and marked as such. Vehicular parking and standing is prohibited in a fire lane.

Traffic lanes for vehicles and pedestrian flow in the parking area shall be maintained and properly delineated through the use of pavement markings, signs or median strips.

Provisions shall be made for the parking of bicycles that is convenient to building entrances and street access, and, where appropriate, covered.

Charging stations are encouraged and shall have signage stating that the space is reserved for vehicle charging and appropriate instructions for its use, and comply with industry standards requirements.

Provision shall be made for the safe movement of pedestrians while in the parking area by the use of walkways, medians and crosswalks.

Curbing and end islands shall be built and maintained for safe and effective traffic flow within the parking area. End islands shall be designed, where practicable, to function as a stormwater management practice.

Appropriate interior and peripheral landscaping shall be provided and traffic islands shall contain vegetation and landscaping conducive to growth in a parking area environment. Where practicable, landscaping shall be designed to accept stormwater for treatment and infiltration in accordance with the New York State Stormwater Management Design Manual.

Appropriate lighting shall be provided and maintained. Lighting shall be designed and installed so as not to create illumination beyond the boundaries of the site. Excessively bright sources of illumination are prohibited.

Signage for appropriate traffic control and parking shall be erected.

Snow storage areas shall be identified and located over a vegetated or green stormwater infrastructure area where practicable.

Rooftop runoff shall be conveyed away from sidewalks, parking areas, driveway, and road surface to a rainwater harvesting container or vegetated or green infrastructure area.

Use of parking area.

Required parking spaces shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for storage of vehicles, equipment or materials.

No automotive vehicle of any kind or type without current license plates shall be parked or stored on any property other than in completely enclosed buildings.

No boat, trailer of any kind, or recreational vehicle shall be parked or stored in a front yard.

One boat or trailer and one recreational vehicle may be parked or stored in the rear yard or side yard if it has a current license and is parked or stored a minimum of five feet from any property line.

The following vehicle and traffic control regulations shall be applicable to a parking area:

No vehicle shall be operated in excess of 15 miles per hour.

No person shall park or stand a motorized vehicle within a fire lane, except as otherwise permitted within a traffic lane, on a sidewalk or in an area or space posted or marked as a "no parking" zone.

All persons using a parking area shall obey all traffic control devices, including stop signs, flashing signals, yield signs, directional signs and entrance and exit signs contained in such parking area.

In all residential districts, except the A, RA3, and RA5 Districts, the external storage of commercial vehicles, heavy vehicles, industrial equipment and materials is prohibited. In such districts, external parking of commercial vehicles between the hours of 10:00 p.m. and 6:00 a.m. is prohibited except when such parking is incidental and reasonably necessary to the performance of service at the time of such parking.

The storage of heavy vehicles is only permitted as part of a site plan approval or special use permit.

Off-street loading requirements.

For all uses, the Planning Board or Zoning Board may require off-street loading spaces to provide for the safe vehicular and pedestrian use of the property.

Design standards.

Each loading space for office and retail space shall be at least 12 feet wide, 35 feet long and 14 feet high, and shall be on the same lot as the use to which it is accessory, except as permitted below. Alternative design standards may be accepted by the Planning Board or the Zoning Board if the applicant demonstrates that such standards are appropriate.

Unobstructed access, at least 12 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot.

No entrance or exits for loading areas shall be located within 50 feet of a street intersection, nor shall an off-street loading berth encroach on a required front yard or required side yard, accessway or off-street parking area, except that in a nonresidential district, off-street parking areas may be used for loading and unloading, provided that such areas shall not be so used or restricted for more than three hours during the daily period that the establishment is open for business.

Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments.

Off-street loading shall be screened from view.

Maintenance of off-street loading. Off-street loading shall be maintained in the same manner as off-street parking under § 280-25H.

Maintenance standards for off-street parking and off-street loading areas. Off-street parking and off-street loading areas shall comply with the following:

All roads, sidewalks, driveways and parking areas used shall be kept in proper repair, free of potholes and free from refuse, snow and ice, except that snow may be piled on the premises so long as it does not interfere with the internal circulation, parking in the parking area, use and access to off-street loading, and does not hinder driver vision where entering or leaving the premises. Snow storage areas shall be located as set forth in § 280-25E.

The premises shall be kept free and clear of ashes, dirt, debris, rubbish, garbage, refuse and other obstructions and properly repaired and maintained.

Fire lanes, traffic lanes and parking lines shall be maintained and properly painted and marked so that such lanes and lines are visible to vehicle operators and pedestrians.

Stations for shopping carts shall not create a traffic hazard, shall be kept free of snow and ice and maintained so that the capacity of the stations is not exceeded.

Lights shall be kept in proper working order and lighted during the hours of darkness when the premises are open for business. The Zoning Inspector may require the reduction of lighting after business hours.

Fences, signs, screening, curbing, traffic barriers and islands, trees, grass, shrubbery, landscaping, retaining walls, slopes and other space used in connection with the premises shall be maintained and repaired.

Water drains and water drainage systems shall be kept clean and in proper working order.

Stormwater management facilities shall be maintained in working condition.

Exterior areas shall be kept free and clear of the storage of goods, wares and merchandise unless otherwise permitted by the Zoning Board or Planning Board. Loading and unloading are to be done in designated zones only.

Refuse and rubbish shall be stored in designated places in proper garbage receptacles screened from view by fencing or other appropriate screening.

Trash receptacles shall be serviced to prevent overflow.

Facilities for the parking of bicycles and parking spaces and related ramp facilities for handicapped persons shall be maintained and designated.

Any conditions for off-street parking and loading imposed by the Planning Board or the Zoning Board shall be adhered to.

§ 280-26 Signs.

Purpose. This section provides standards to safeguard life, health, property and public welfare by controlling the number, location, construction, installation, illumination and maintenance of signs and sign structures. The purpose of this section is to control the quality and quantity of signs so as to enhance the identification of business and professional enterprises and improve the visual quality of the community. The lettering, shape, and color of a sign shall be compatible with the form, color, and materials of the building housing the establishment that the sign is identifying. Signs for different businesses within the same building, or for a collection of buildings, including but not limited to those which form a shopping center, shall be of harmonious style and design. Buildings or their architectural treatments should not be so garish in line, color, or effect so as to constitute a sign themselves.

Procedure.

Except as otherwise provided herein, no sign shall be erected, enlarged, changed, or structurally altered without a permit.

An application for a sign permit shall be made upon a form provided by the Zoning Inspector, completed by the owner, lessee or contract vendee and accompanied by a scale drawing showing dimensions, proposed design, color, materials, structural details of the proposed sign and a location map delineating the location of highway right-of-way lines, buildings, parking areas, other signs on the same property, frontage of each unit and/or a fence or other obstructions in relation to the designated location of the proposed sign. The applicant shall evidence approval of the owner for such application. The application shall be accompanied by payment of a required fee.

An application for a sign permit shall be reviewed for approval by the Zoning Board, except that the Planning Board shall review sign permit applications for uses subject to site plan approval.

In reviewing a sign permit application, the reviewing board shall determine that the applicant has demonstrated the following:

The proposed sign is in harmony with the standards for permitted signs and within the spirit of this chapter.

The proposed sign shall be comparable with the neighborhood environment and character and shall not be detrimental to adjacent property.

The proposed sign does not, by reason of its location, create a hazard to the public in general or to adjacent owner or occupant.

The proposed sign does not interfere with the lawful and aesthetic enjoyment of the public highway or adjacent property.

A sign permit shall become null and void if the work for which the permit was issued has not been started within six months after the date of issuance of the permit.

The Zoning Inspector is authorized to issue a sign permit for a sign which replaces an existing sign and which is not different with respect to size, color and/or design and complies with existing zoning regulations.

General provisions.

Illuminated signs or lighting devices may be permitted, provided that such signs employ only lights emitting a constant intensity, and no sign shall be illuminated by, or contain, a flashing or moving light, lights, or letters.

In no event shall an illuminated sign or lighting device be so placed or directed as to allow illumination to be directed or beamed upon a public street, sidewalk or adjacent premises or cause glare or reflection that may constitute a traffic hazard or nuisance to adjoining properties.

Except as may be permitted by this chapter, the use of pennants, banners, spinners, streamers, moving signs or flashing, glittering or reflective, animated or rotating signs or similar eye-catching devices is prohibited.

No bizarre, caricature, offensive or vulgar signs shall be permitted.

No roof signs shall be permitted.

No billboards shall be permitted.

No representational signs shall be permitted.

No freestanding or pole signs shall be permitted.

No flashing signs shall be permitted.

No electronic variable message, automatic changeable copy, or programmable digital signs shall be permitted, except for the non-flashing display of time, temperature, and/or date, public service information, or fuel prices at automobile service stations.

[Added 6-21-2022 by L.L. No. 5-2022[1]]

Editor's Note: This local law also provided for the redesignation of former Subsection C(10) through (17) as Subsection C(11) through (18), respectively.

No sign shall be erected or maintained so as to prevent ingress to or egress from a door, window or fire escape, or so as to prevent free access from one part of a roof to another part.

No sign other than safety-related signs shall be attached to a fire escape.

No painted wall signs shall be permitted.

No sign shall be erected so as to confuse or obstruct the view of a traffic sign, signal or device.

No sign, except traffic signs placed by public agencies, may be erected, placed or maintained or overhung within the highway limits of a public way or within 35 feet of the center line of a public highway.

(16)

No sign shall project beyond a property line. Ground-mounted signs shall not obstruct the view of vehicles. Building-mounted signs shall be mounted flush and not located on the roof of a building or project above the roofline.

(17)

Suitable landscape plantings shall be placed and maintained at the base of all monument signs. Such signs and adjacent grounds shall be kept neat, clean, and in good repair.

(18)

Signs, together with their supports, shall be kept in good repair. The display surfaces shall be kept neatly painted at all times. The Zoning Inspector may order the removal of a sign that is not maintained in accordance with the provisions of this chapter. Painting, repainting, cleaning or repair maintenance shall not be considered an alteration which requires a permit unless a structural change is made.

Signs in Single-Family Residential Districts. The following signs shall not require a sign permit, provided that the following requirements are met:

One nameplate sign not exceeding two square feet in area indicating the name and address of the occupant.

For home occupation I and II, nameplate signs may be used to identify the home occupation. Such signs shall not exceed two square feet in area and shall be building-mounted. The sign shall only indicate the nature of the home occupation. No pictorial, graphic or representational media shall be permitted.

Signs indicating private driveways or "no trespassing" signs shall be permitted, provided that the size of any such sign shall not exceed two square feet. Such signs shall be a minimum of five feet from a street or property line.

Signs in BNRP, LB, GB, I, and IP Districts. The following signs may be permitted, provided that the following requirements are met:

A maximum of two signs per business shall be allowed.

The maximum total area for allowed signage shall be the lesser of 50% of the lot width or 50 square feet in the LB, GB, I and IP Districts, or 30 square feet in the BNRP District.

A sign shall be located on the same premises as the use to which it refers.

A sign shall be securely attached to the building or to structurally sound standards and shall not project above the roofline or extend more than 20 feet above ground level, whichever is more restrictive.

A sign shall not project more than five feet beyond the principal building on the lot, and there shall be not more than one building-mounted sign per business unit.

Monument signs shall only be permitted on frontages of 50 feet or more and shall not be closer than 50 feet to any other such sign.

Monument signs shall be a minimum of 20 feet from the street right-of-way line, 25 feet from an adjacent commercial or industrial property and 50 feet from an adjacent residential property.

Signs used in connection with the sale, rental or improvement of real property may only be located on the premises to be sold, rented or improved. The signs shall not exceed one sign of 12 square feet or two signs of six square feet in area for each development.

Directional signs designating entrances and exits to and from a parking area are limited to one sign for each such exit and entrance and shall not exceed two square feet each.

Signs designating the conditions of use or identity of parking areas are limited to one sign per parking area and a maximum size of nine square feet. On a corner lot, two such signs shall be permitted, one facing each street. Parking area signs shall be a minimum of 10 feet from a street or property line.

Signs in MR and TH Districts. The following signs may be permitted, provided that the following requirements are met:

Signs permitted under § 280-26E(7),(8) and (9).

One sign, building- or ground-mounted, indicating the name of the project. Such sign shall not exceed 25 square feet in area or per side if double-faced.

Signs in Agricultural and RA Districts. The following signs are permitted, provided that the following requirements are met:

Signs permitted under § 280-26D for residential uses.

Signs permitted under § 280-26E for business uses.

Two signs advertising agricultural products grown or raised on the property. Each sign shall not exceed 12 square feet in area on either side.

Temporary signs.

General provisions. A temporary sign permitted under this subsection shall comply with the following:

Except as expressly provided in this subsection, a temporary sign shall comply with the requirements set forth in § 280-26C.

No temporary sign shall be attached to fences, trees, utility poles, bridges or traffic signs.

No temporary sign shall obstruct or impair pedestrians or traffic.

No temporary sign shall be lighted.

No sign shall be erected which, in the opinion of the Zoning Inspector, may cause hazardous or unsafe conditions.

If a requirement is not satisfied, the Zoning Inspector may order the removal of the temporary sign.

Temporary signs shall be permitted upon the issuance of a permit by the Zoning Inspector as follows:

Signs up to 32 square feet in area advertising an educational, charitable, civic, professional, religious, or like campaign or event for a period not to exceed 14 consecutive days prior to the event, provided that such signs do not exceed 32 square feet. No more than three such temporary permits shall be issued to an organization during any 12 consecutive months. Signs authorized under this subsection only shall be permitted to have banners, subject to approval of the Zoning Inspector, and all such temporary signs shall be removed within 48 hours after the event.

A sign announcing the opening of a new business that meets the following requirements:

One sign measuring not more than 32 square feet in total area; and

Allowed for not more than one fourteen-day period during the first year of operation of the new business.

One sign during construction of or in connection with a real estate development for a period of not more than six months, provided that such sign does not exceed 32 square feet. Such sign may be renewed for an additional period of like duration under the same procedures and conditions as required for the original permit.

Temporary signs shall be allowed without requiring a permit as follows:

A sandwich board or inverted V-sign shall be allowed for a business that meets the following requirements:

One sign not exceeding two feet in width, and 3 1/2 feet in height;

Allowed only during operating hours of the business;

Located within 10 feet of the front door of the business;

Placed to allow a minimum of 36 inches of unobstructed sidewalk clearance between it and a building or other obstruction;

Freestanding and not affixed, chained, anchored, or otherwise secured to the ground or to a pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure;

Internally weighted so that it is stable and windproof; and

The design, which includes the color, lettering style, symbols and material, shall complement the design of the establishment's primary sign, abutting properties, and the general streetscape in the immediate vicinity of the establishment.

Signs announcing candidates seeking public elected office and other data pertinent that meet the following requirements:

Not to exceed 12 square feet in area or per side if double-faced.

Placed not more than 21 days before the election and removed within four days after the election.

Signs advertising the prospective sale, renting or leasing of a residence or business or real estate improvements may be placed on the affected property with the name of the persons effecting the sale, rental or lease, or improvement, provided that:

The size shall not exceed an area of six square feet per side of a two-faced sign.

No more than one such sign shall be placed upon a property.

Signs shall be a minimum of 10 feet from a lot line.

Signs shall be removed within 24 hours of such sale, renting, leasing, or completion of the improvement.

Exemptions. The following types of signs are exempted from the provisions of this chapter, except for construction and safety regulations and the following requirements:

Public signs. Signs of a noncommercial nature and in the public interest, erected by or on the order of a public officer in the performance of his/her public duty, such as safety signs, "danger" signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and the like shall be permitted.

Integral. Names of buildings, dates of construction, monumental citations, commemorative tablets and the like, when carved into stone, concrete or similar material, or made of bronze, aluminum or other permanent-type construction and made an integral part of the structure shall be permitted.

Nonconforming and abandoned signs.

A nonconforming sign shall not be enlarged or altered, or replaced by another nonconforming sign.

§ 280-27 Fences, walls, buffers, berms and screen plantings.

Where the Zoning Inspector finds that a sign no longer advertises an existing business conducted upon the premises on which such sign is located, he may direct the owner or occupant of the premises to remove such sign.

Fences and walls shall be permitted or required as set forth in this section.

A fence or wall shall be a maximum of six feet in height.

Unless otherwise provided in this chapter, no minimum setback is required for a fence or wall.

A fence in a Residential District shall have its most pleasant or decorative side facing the adjacent lot, with all posts being in the applicant's yard unless such posts or supports are an integral part of the decorative design of the fence.

A fence and wall shall be continually maintained. No fence or wall shall be permitted to become unsightly or in a state of disrepair.

A fence or wall in a Residential District shall not be located in front yard except for a decorative fence not exceeding four feet in height.

No barbed-wire or electrical fence shall be permitted except in A, RA3, and RA5 Districts where such fences shall be permitted.

No fence or wall with spikes, chipped glass or similar materials or devices shall be permitted in conjunction with or as part of a fence or wall in any district.

A fence erected as an enclosure for a swimming pool shall comply with the additional provisions of § 280-40.

No fence, wall, structure, sign, tree overhang, yard accessory, timberscape, rockscape, and no plantings or landscape, including trees with a mature height of over 18 inches maximum, shall be erected, placed or maintained on a corner lot within the triangular area formed by the intersection street right-of-way lines and a straight line joining the street row line at points which are 35 feet distant from the point of intersection measured along the street right-of-way lines. See diagram.

Where a more-restricted district abuts a less restricted district, the more pleasant or decorative side of the fence shall face the less-restricted district, with all posts and supports on the side of the fence opposite the more-restricted district unless such posts or supports are an integral part of the decorative design of the fence.

Buffers, berms and screen plantings. Buffers, berms and screen plantings shall be required as set forth in this section.

Where a lot in an LB, GB, I or IP District abuts a lot in a Residential District or a BNRP District, a visual screen a minimum of six feet in height, which may be composed of a wall, fence, compact evergreen hedge or other organic substance or material or any combination thereof as may be approved by the Planning Board or Zoning Board, shall be erected along such abutting lot line. Where a lot line in a BNRP District on which is provided on-site customer parking abuts a lot in a Residential District, this screening requirement shall be provided.

A minimum buffer area width consisting of trees, hedges, shrubs and/or other landscaping to provide a visual and sound buffer shall be provided along the boundary lines between districts as follows:

Between a Residential District and a BNRP District: 20 feet.

Between a Residential District and LB District: 40 feet.

Between a Residential District and GB District: 75 feet.

Between an I District or IP District and any other district: 100 feet.

A buffer, berm, and screen planting shall be designed consistent with low-impact development principles and, where practicable, function as a stormwater management practice designed in accordance with the New York State Stormwater Management Design Manual.

A buffer, berm, and screen planting shall be continually maintained and shall not become unsightly or in a state of disrepair.

§ 280-28 Lighting.

Purpose. Lighting requirements provide for adequate illumination for the use of a property and ensure that lighting does not negatively impact neighboring properties or streets.

An application for site plan approval or a special use permit shall include a lighting plan.

Requirements. Lighting for a use or building shall comply with the following requirements:

Adequate illumination of common areas, parking, sidewalks, and entryways shall be provided.

Unless otherwise provided, or by special use permit or site plan approval, a light fixture shall not exceed 10 feet in height from the finished grade for pedestrian-scale lighting or lighting in residential districts, and shall not exceed 16 feet in height from the finished grade for common area, parking and other lighting in nonresidential districts, and shall have ninety-degree cutoff-type luminaires to prevent light above the fixture.

Average levels of illumination for all building, landscaping and parking shall not exceed minimum levels necessary for safety and security lighting, shall not encroach on adjacent properties, and shall be arranged to prevent glare onto adjacent property or highways. The maximum illumination level at the property line shall not exceed 0.2 footcandle.

Lighting shall be designed and installed to prevent illumination beyond the boundary of the property. Flashing lights are prohibited.

Light fixtures shall incorporate cutoffs to screen the view of luminaires from residential properties.

§ 280-30 Special watercourse, Watervliet Reservoir, and angle of repose setbacks.

No light shall be installed, altered, maintained or used so as to cast direct illumination in the direction of a dwelling unit on any lot other than the lot on which such light is located, or in such manner as to constitute a nuisance.

Automatic teller machine lighting. Lighting for an automatic teller machine shall not exceed the minimum lighting required under NYS Banking Law Article II-AA or applicable regulation.

§ 280-29 Lot grading.

Land disturbance activity shall comply with standards for stormwater management and erosion and sediment control in Chapter 241 of the Town Code, unless exempted under § 241-23.

Land disturbance activity shall provide a sloping grade and other approved measures to cause surface drainage to flow away from adjacent properties and the foundation of a structure. All land disturbance activity shall provide for adequate on-site drainage systems and shall not jeopardize adjacent properties or existing drainage systems. The Zoning Inspector or engineer retained by the Planning Board or Zoning Board shall review and approve a proposed drainage system.

Purpose. The purpose of this section is to prevent the improper alteration of slope areas and environmentally sensitive lands adjacent to bodies of water.

Watercourses. No structure shall be allowed within 100 feet of the top of the bank of a watercourse or body of water except man-made farm ponds not fed or drained by a running stream.

Watervliet Reservoir. No use or structure shall be allowed within 250 feet of the top of a bank of a watercourse feeding into the Watervliet Reservoir or within 500 feet of the high-water mark of the Watervliet Reservoir.

Angle of repose.

No structure shall be allowed in an area lying between the top of the bank of a watercourse and a line running parallel thereto and located at grade level at the end of a line perpendicular thereto forming an angle of repose of 12° at the toe of the slope of such watercourse, except that where such angle of repose is less than 12°, the parallel line shall be 100 feet from the toe of the slope of such watercourse.

No principal or accessory structure shall be located within the thirty-foot setback from the angle of repose line.

§ 280-31 Special highway access control and setback requirements.

Engineer's report and review. An application for a variance from the angle of repose setback shall include a report from a professional soils engineer certifying to the Town that the proposed construction and/or land disturbance activity would not result in a failure of the slope or result in a danger to human health, welfare or property. The Town may retain experts or consultants, at the applicant's sole expense, to review and provide comment on the application and engineer's report submitted by the applicant.

Purpose. The purpose of this section is to prevent adverse effects from strip road frontage development, produce more harmonious appearance and promote public safety by reducing highway access points and setbacks on certain public highways.

Special highway access control.

This subsection shall apply to the following public highways:

Route 20, west of Route 155.

Route 155.

Route 146.

Rapp Road.

Requirements. A permit or subdivision involving the above-listed public highways shall comply with the following requirements:

Residential District. A residential development, with the exception of multiple-family residential development, shall maintain a minimum spacing of 250 feet between access points. This spacing shall be achieved through internal subdivision streets, frontage roads or other mutual access arrangements.

Nonresidential districts. A multiple-family residential development and all nonresidential development shall maintain a minimum of 400 feet between access points. Adjacent property owners within these districts will be required to give mutual access easements for vehicular traffic across their properties to permit vehicles to get to limited points of access to and from public highways. No building permit or occupancy permit shall be issued until proof of agreement is made available. An access point serving these areas shall be a minimum of 100 feet from an intersection. A deceleration and/or acceleration lane may be required as deemed necessary by appropriate state, county or Town officials to permit proper traffic flow into and out of the access point.

In the case of undeveloped areas, the first property to develop shall provide the access point for an adjacent parcel through the procedure cited above in order to achieve the spacing requirements of this chapter. In partially developed areas, compliance with the standards of this section shall be achieved where possible and at the discretion of the Planning Board or Zoning Board.

Special setback requirements.

Special setback requirements for future roads. To provide necessary space for future highway widening, the following requirements for determining front yard setback are adopted:

Setback lines and lot areas shall be measured from the existing right-of-way line of the thoroughfare; provided, however, that setback lines and lot areas shall be measured from the future right-of-way line of a thoroughfare if such a line has been established.

To determine if a future right-of-way line has been established for a state or county road, the applicant, the Zoning Inspector or Planning Board shall contact the Albany County Department of Public Works or NYS Department of Transportation.

For Town roads, the Planning Board or Zoning Board shall determine if a future right-of-way should be or has been established for the road abutting the proposed lot and shall determine the appropriate future right-of-way when none has been established, by considering, but not limited to, the following:

The highway's current road function.

The highway's future road function as recommended in the Comprehensive Plan and other Town plans.

The possibility of future jurisdictional change of the highway to state or county ownership.

§ 280-32 Nonconforming structure, use or lot; abandonment.

Planned new streets. After the planned right-of-way line for future streets, future extension of existing streets, or future street widening are established on the Official Map, all structures shall be set back from such line as though it were a street line.

Purpose. The purpose of this section is to minimize the negative impacts of nonconforming structures, uses, and/or lots and to promote greater compliance with this chapter.

Legal preexisting structure, use or lot. A lawful structure, use or lot existing at the time of enactment of this chapter that does not comply with the provisions of this chapter shall be deemed a preexisting nonconforming structure, use, and/or lot and may be continued.

Abandonment and discontinuance. No nonconforming structure or use which has been abandoned or discontinued shall be resumed and shall not be allowed to be enlarged, changed or altered under any circumstances. Any of the following factors shall constitute evidence of abandonment or discontinuance:

The abandonment or discontinuance of a nonconforming use for either 12 consecutive months or a total of 18 months during any three-year period. The following circumstances, which shall not be exclusive, are evidence of the discontinuance or abandonment of a use:

Failure to maintain regular business hours that are normal for the use based upon past operations of the use and/or industry standards;

Failure to maintain equipment, supplies or merchandise that would be used for the active operation of the use;

Failure to maintain utilities necessary for the operation of the use; or

Failure to maintain required local, state or federal licenses or other approvals that would be required for the use.

The lack of occupancy of the nonconforming structure for 12 consecutive months or a total of 18 months during any three-year period.

An act indicating intent to discontinue or abandon the nonconforming structure or use.

The change of the nonconforming use to a conforming use.

The change of the nonconforming structure to a conforming structure.

The failure to remedy a violation of the NYS Uniform Fire Prevention and Building Code regarding the nonconforming structure or use within 60 days of written notice by the Zoning Inspector.

Nonconforming structure.

No enlargement, change or alteration of a nonconforming structure shall be permitted except upon a finding by the Zoning Board that such enlargement, change or alteration will produce greater compliance with this chapter or other appropriate regulation and that the use within such structure is in conformity with the requirements of this chapter. The Zoning Board may impose conditions that minimize the detrimental effects of the nonconforming structure upon adjoining properties.

Nothing in this chapter shall prevent the restoration to a safe condition of a structure, or part thereof, declared to be unsafe by an official charged with providing for the public safety and which restoration is ordered by such official.

Nothing in this chapter shall prevent the renovation or repair of nonstructural members or the maintenance of a nonconforming structure made necessary by ordinary wear and tear.

Nothing in this chapter shall nullify a building permit, provided that work is commenced and diligently pursued within six months of the issuance of such building permit.

If a nonconforming structure is destroyed by any cause, to an extent exceeding 75% of its fair market value as indicated on the Town's latest assessment records, the future structure shall comply with the requirements of this chapter.

No time period granted under a prior ordinance, local law, rule, regulation or court order for the termination or cessation of occupancy or use of a nonconforming structure in existence at the time of the effective date hereof shall be deemed extended by any provision of this chapter.

Nonconforming use. The Zoning Board has the authority to grant only one expansion or amendment of a nonconforming use if the following requirements are satisfied.

No expansion or amendment of a nonconforming use shall be permitted except as follows:

In no instance shall the expansion of a nonconforming use in a nonresidential district be greater than 25% of the gross floor area.

In no instance shall the expansion of a nonconforming use in a residential district be greater than the lesser of 5% or 5,000 square feet of gross floor area.

The expansion of gross floor area or the number of units in a nonconforming multifamily dwelling is prohibited.

The Zoning Board may impose conditions that minimize the detrimental effects of the expansion or amendment of a nonconforming use upon adjoining properties.

If a structure containing a nonconforming use is destroyed by any cause, to an extent exceeding 75% of its fair market value as indicated on the Town's latest assessment records, the future use of the structure shall comply with this chapter.

No building, special use, occupancy or other permit shall be issued for an expansion or amendment of a nonconforming use where there is no reasonable access from the lot upon which such use is located to an existing public street.

No time period granted under a prior ordinance, local law, rule, regulation or court order for the termination or cessation of a use in existence at the time of the effective date hereof shall be deemed extended by any provision of this chapter.

Whenever the boundaries of a district shall be changed so that, under the regulations that apply in the changed area, a conforming use shall become a nonconforming use, the provisions of this section shall apply to such nonconforming use.

Nonconforming lot.

Existing undersized residential lots.

A residential lot held in a single separate ownership prior to the adoption of this chapter, and whose area and or width and or depth are less than the specified minimum lot requirements for the district, may be considered as complying with such minimum lot requirements and no variance shall be required, provided that:

The lot is a lot of record;

The lot has a minimum width of at least 50 feet at the required setback line and the following minimum lot area:

In A, RA3, and RA5 District: one acre; or

In all other districts: 5,000 square feet.

The following minimum yard dimensions are maintained:

Side yards: 25 feet in A, RA3, and RA5 Districts; eight feet in all other districts;

Front and rear yards: 25 feet in all other districts.

All other bulk requirements for that district are satisfied.

In a district where residences are permitted, an undersized nonconforming lot may be used for not more than one single-family dwelling.

Nothing in this section shall be construed to affect a requirement of this chapter except as expressly stated in this section. A nonconforming lot shall comply with all other requirements of this chapter.

§ 280-33 Temporary storage containers, construction trailers, and bulk waste containers.

Exemption of lots shown on approved subdivision plats. The provisions of NYS Town Law § 265-a are hereby made expressly applicable to this chapter with respect to lots shown on approved subdivision plats duly filed in the office of the Albany County Clerk prior to the enactment of this chapter.

Temporary storage container. A temporary storage container shall comply with the following conditions:

There shall be only one temporary storage container per residential lot and no more than three temporary storage containers per nonresidential lot.

Not exceed 10 feet in width, 20 feet in length, and 10 feet in height on a residential lot.

Minimum setback of five feet from all property lines and five feet from the nearest building.

Toxic or hazardous material is prohibited.

Located on an impervious surface, if available.

A temporary storage container 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 to and egress from dwellings, access to utility shut-off valves, and for fire protection.

If a temporary storage container 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 shall not exceed an initial thirty-day period and may be extended if the Zoning Inspector determines that the temporary storage container is in active use.

Temporary construction trailer. A temporary construction trailer shall comply with the following conditions:

Located on the lot on which active construction is taking place.

A temporary construction trailer 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 to and egress from dwellings, access to utility shut-off valves, and for fire protection.

The setbacks for an accessory structure applicable in the zoning district shall apply to a temporary construction trailer, except that in no case shall the trailer be located within 25 feet of the property line of a residential lot.

The temporary construction trailer shall be limited to use for the construction of the project at the site of such construction and shall be removed from the site within 14 days of the end of active construction.

The area of a temporary construction trailer, including parking areas, access points, aisles, driveways, and travel ways, shall be surfaced with gravel, crushed rock or other approved dust-free material.

If the temporary construction trailer is located on the lot for a period exceeding 60 days, the owner or developer shall obtain a building permit unless otherwise permitted.

Temporary bulk waste container. A temporary bulk waste container shall comply with the following conditions:

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.

Not used to dispose of toxic or hazardous material.

Located only on the lot on which active construction is taking place.

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 to and egress from dwellings, access to utility shut-off valves, and for fire protection.

Minimum setback of five feet from any property line.

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.

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.

§ 280-34 Keyhole lot.

A keyhole lot accessing a street shall conform to the following:

Area requirements.

The portion of the keyhole lot comprising the keyhole access shall not be counted for the purpose of determining minimum lot area compliance.

The front yard setback of a keyhole lot shall be measured from the rear lot line of the front lot, unless otherwise requested by the Planning Board during subdivision approval.

The minimum width at the building line for a keyhole lot shall be measured parallel to the street line, unless requested by the Planning Board during subdivision approval.

In R10, R15, R20, R30, and R40 Districts, the minimum area of a keyhole lot shall be 50% greater than the requirements prescribed for the zoning district in which it is located. In addition, the front, side and rear yard setbacks of the keyhole lot shall be 50% greater than the requirements prescribed for the zoning district in which it is located or a minimum of 50 feet, whichever is greater.

To ensure privacy for adjacent lots, a landscaped buffer shall be installed in the keyhole lot wherever deemed necessary by the Planning Board. The buffer shall contain sufficient planting material as needed to screen the keyhole lot from other uses. This requirement may be waived by the Planning Board if topographical conditions, lot size or existing vegetation provide an adequate buffer.

To ensure privacy for adjacent lots, building envelopes may be altered or restricted where deemed necessary by the Planning Board.

Supplemental requirements.

No structure or off-street parking shall be allowed within the area comprising the keyhole access except mailboxes, address signage or other minimal accessories commonly found within the neighborhood.

§ 280-35 Residential cluster/conservation development and open space/parkland.

The street number of a dwelling situated on a keyhole lot shall be permanently and conspicuously displayed on a sign, with lettering no less than three inches in height, and placed no more than 25 feet from the road pavement. The sign shall be displayed for both directions of travel and be visible at night.

Exclusions. This section shall not apply to an existing lot of record.

Purpose. The purpose of this section is to provide greater flexibility in the planning of residential subdivisions and to preserve open space areas for community recreation and enjoyment. This section allows for the design of subdivisions so that new homes are located in the landscape in a way that protects the natural resources and character of the Town. Residential cluster/conservation development subdivisions shall also promote the following objectives:

Reduce adverse impacts of growth on surface water and groundwater quality.

Provide incentives for publicly accessible and open space resources and recreation lands.

Protect contiguous open space areas and corridors.

Conserve scenic resources of rural roads and reduce strip development.

Promote efficient use of land in harmony with its natural features.

Maintain rural and open character and preserve open space.

Protect important views, as well as steep slopes, hillsides, and ridges.

Protect historic, archeological, and cultural features.

Protect valuable wildlife and habitat areas.

Locate buildings and structures on portions of the site that are most appropriate for development considering development suitability and conservation importance.

Allow for site design that encourages a more practical utility and transportation network.

Applicability. The Planning Board is hereby authorized to permit or, pursuant to NYS Town Law § 278, to require compliance with the regulations of this section for all subdivision applications in R10, R15, R20, R30, R40, A, RA3 and RA5 Districts where, in the opinion of the Planning Board, the above objectives cannot be met under conventional subdivision methods.

Conditions.

Modifications shall be subject to the following conditions and limitations:

General conditions:

No modifications shall be granted for a residential subdivision without providing for preserving open undeveloped area within such subdivision. Such open area shall be consistent with the purpose of this section and shall comprise one or more undivided parcels of land, at least one of which shall have a minimum area of three acres, exclusive of streets or roads.

No modifications shall be granted hereunder unless the Planning Board shall find that the number of building lots in the proposed cluster/conservation subdivision will not exceed the number that otherwise would be permitted in a conventional subdivision complying with all other applicable requirements of this chapter.

Dimensional requirements. Minimum lot size for single-family detached dwellings shall be as follows:

	District	Minimum Lot Area (square feet)
	RA5	30,000
	RA3	20,000
	A	15,000
	R40	15,000
	R30	15,000
	R20	15,000
	R15	10,000
	R10	8,000

	Lot Width	Front Yard	Side Yard	Rear Yard
	80 feet	30 feet	10 feet	50 feet

Minimum open space/conservation area requirements.

A minimum of 50% of the parent parcel shall remain as a permanently protected conservation area.

A minimum of 50% of the site's total buildable land shall be included in the conservation area. At least 50% of the conservation area shall be contiguous, with no portion less than 100 feet wide. The Planning Board may require that at least 2/3 of the conservation area/open space be suitable for active recreation.

	Example:
	Project site: 100 acres	Buildable land: 60 acres.
	Minimum required conservation area (50% of the one-hundred-acre parent lot): 50 acres.
	Minimum buildable acreage within the conservation area (50% of the 60 acres of buildable land): 30 acres.

Open space/parkland.

Ownership/Access rights. Open areas established hereunder shall be conveyed to and held in corporate ownership in such manner and form as shall be approved by the Planning Board. No lot shall be conveyed by the applicant, developer or other owner of such subdivided tract except by a deed conveying, in addition to fee title to such lot, an easement in and upon the lands of such open area for the use and enjoyment thereof by the grantee, his heirs, successors and assigns, in common with the owners of all other lots within the subdivision. Where the proposed ownership and management structure for conservation areas is through a homeowners' association, review and approval shall include but not be limited to ensuring conservation, management and fiduciary responsibility of open space and common lands of the development in perpetuity.

Conveyance. Nothing contained in this subsection shall prohibit open area created pursuant to this section to be conveyed to the Town for recreational use upon acceptance of the Town Board, or from being conveyed to a recognized conservation organization, other entity (e.g., school district, Pine Bush Commission) or private person. In general, lands to be conveyed should adjoin an existing Town, state or county park or be suitable as a Town park or recreation area. The open space shall be conveyed by warranty deed with lien covenants, and title insurance in favor of the grantee, with the applicant paying all filing fees imposed by the Albany County Clerk prior to the issuance of a building permit.

[Amended 5-21-2019 by L.L. No. 7-2019]

Allowed uses. The use of such open areas shall be limited to the following:

Nature preserves.

Passive recreation.

Stormwater management systems, water supplies and distribution systems.

Septic systems.

Agricultural or farming operations only within the Agricultural District (NYS), Agricultural, RA3 and RA5 Districts.

Forestry operations with a forest management plan developed by a professional forester participating in the NYS DEC's cooperating forestry program.

Structures. No structure shall be erected upon open area/parklands except such as shall be determined by the Planning Board to be incidental to such recreational or agricultural use. No building permit shall be issued for such structure in the absence of site plan approval in accordance with § 280-53 of this chapter.

Enforcement of provisions. To ensure the enforcement of the provisions of this subsection, the Planning Board, as a condition to the granting of subdivision approval, may require the applicant, developer or other owner of such subdivided tract to make, execute, deliver or file such instrument or instruments as the Planning Board shall determine to be reasonably necessary to protect and preserve and to limit and restrict the use of such open area in accordance with the spirit and intent of this section.

Procedure. An application shall adhere to the requirements set forth in the Town's Subdivision Regulations[1] and the following.

Pre-application meeting.

Prior to submission of an application for a conservation subdivision, the applicant shall present a general description of the project to the Town Planner at a pre-application meeting. The applicant shall provide sketch plans, a description of how the project meets the purpose of this section, and a narrative sufficient for understanding the proposal.

The purpose of this meeting is to discuss the purpose of the conservation subdivision approach, review the approval process and expected timetables, review applicable Town design guidelines, and review the general project description.

Concept plan requirements. In addition to requirements for a concept plan under § 247-13 of the Subdivision Regulations, the applicant shall submit the following information:

Determination of number of lots. In determining the number of lots allowed under a conservation/cluster development design prior to density bonuses, the developer shall submit concept plans which include a conventional subdivision design, demonstrating the number of buildable lots per the underlying zoning requirements on the entire parcel without use of the conservation/cluster subdivision technique.

Conservation analysis and tract resource map. Following concept approval of the number of allowed units, the applicant shall develop a tract resource map and conduct a conservation analysis according to the procedures set forth in any applicable Town design guidelines to identify the site's resources and unique features. The conservation analysis will assist in the design evaluation process for the site layout of the development area and will help identify the site's conservation areas.

Conservation areas. Based on the conservation analysis and information provided on the tract resource map, the applicant shall submit a concept conservation/cluster subdivision design highlighting proposed conservation areas on the site.

Determination of density bonuses. Applicants who provide certain amenities in their cluster/conservation subdivision plan may receive a density bonus beyond what is allowed in the applicable zoning district. The applicant shall include a table with desired incentives calculated as follows:

High percentage of conservation. Where 60% or more of the total parent lot is protected as conservation areas in perpetuity, the development may be awarded a ten-percent-unit bonus.

Contiguous open space. Where 75% of permanently protected open space is contiguous (with the majority of the contiguous open space acreage 100 feet in width or greater), the development may be awarded a ten-percent-unit bonus.

Public access to conservation areas. Where the general public is granted access to conservation areas or there is a linking of open space or trail corridors through the site with existing/proposed publically accessible trails or open space networks, the development may be awarded a ten-percent-unit count bonus.

Protection of historically significant resources from development. Where a development protects historically significant buildings, resources, or landscapes, the development may be awarded a five-percent-unit count bonus. Historical significance may be established pursuant to the findings of the Town Historian or the NYS Office of Parks, Recreation and Historic Preservation.

Sidewalks. Where the project provides publicly accessible sidewalks in accordance with the design criteria outlined in the Town's Subdivision Regulations, a ten-percent-unit count bonus may be awarded. The providing of off-site sidewalk improvements may be considered by the Planning Board.

Provision of public water. Where an applicant provides extensions of public water facilities along corridors and to areas where it is not provided, a unit count bonus of up to 20% may be awarded. Such public water extension shall be made available for use by properties off of the applicant's development site.

Other. The Planning Board reserves the right to award a unit count bonus up to 25%, based on the provision of additional amenities provided by the applicant that meet the goals and objectives of this section and conservation subdivision design guidelines.

Limit on density bonuses.

Density bonuses are limited to 25% of the site's allowed base figure except where public water facilities are provided by the applicant. In situations where the applicant provides or extends public water infrastructure per the incentive in Subsection D(3)(f) above, the unit count increase may be extended up to but not exceed 40% of the site's allowed base figure.

Final determination of density shall be made by the Planning Board in its review of the application and in accordance with the conservation subdivision design guidelines, other Town planning documents and in accordance with SEQRA.

Preliminary/Final approval. Following concept plan approval, the applicant may proceed with submission of a preliminary plat per § 247-14 of the Town's Subdivision Regulations.

§ 280-36 Open space, parks and parkland fees.

Editor's Note: See Ch. 247, Subdivision of Land.

Purpose. This section ensures that adequate accommodations are made for parks and parklands when residential subdivisions or multifamily residences are developed. The Town recognizes that each new residential unit puts additional demands on the Town's park system. Not every residential development can provide a suitably located park for recreational purposes and a fee for each dwelling unit is established herein to assist in the purchase and/or capital improvements of existing and/or proposed parks. It is the intent of the Town Board that the recreational needs of all the citizens of the Town may be met by the use of the park fee system and the appropriate application of the open space requirement contained in this section.

Applicability. Subdivision plats and multifamily residential developments shall show a park or parks suitably located for playgrounds or other recreational purposes. In the event that the Planning Board finds that a suitable park of adequate size cannot be properly located, or in the case of a cluster or conservation subdivision adequate active open space lands are not provided, the Planning Board shall require a sum of money in lieu thereof for each dwelling unit in an amount to be established by the Town Board. A required payment shall be deposited into a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.

§ 280-37 Dumps; dumping of garbage.

The dumping of junk, refuse, rubbish, garbage, construction debris, or waste material upon lands in the Town is prohibited, except in accordance with the provisions of Chapter 236, Solid Waste, and except for the purpose of filling to establish grades under permit issued by the Town Board.

§ 280-38 Sanitary disposal.

No person shall undertake to construct a new building or structure in the Town without first meeting the requirements of a system, or facilities, for the disposal of waterborne sewage, domestic or trade wastes in accordance with regulations of the Town, the NYS Department of Health, NYS Department of Environmental Conservation and other government authorities.

§ 280-39 Site plan design guidelines.

Purpose. The site plan design guidelines ensure that new buildings, additions, and alterations are consistent with the Comprehensive Plan and neighborhood studies and promote a pedestrian-friendly environment. The guidelines discuss site planning principles related to overall layout; access; parking; pedestrian circulation; landscaping; natural site design; building architecture; and signage. These guidelines shall not be construed to amend or waive applicable site plan requirements.

Applicability. The Zoning Board, Planning Board and Zoning Inspector shall consider these design guidelines in review of a development project and may use discretion in applying the guidelines to projects involving a change in tenancy and conversion or rehabilitation of existing structures.

Building design standards. New or in-fill construction should be designed to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape. Building design standards should also consider the following:

The development of public parks, commons, or pedestrian plazas with amenities such as benches and landscaping should be encouraged.

The adaptive reuse of existing structures should be encouraged to complement the character of the existing development.

Additions to existing buildings should use materials and details complementary to those incorporated in the parent structure.

New buildings adjacent to existing structures should be designed consistent with the architectural features of existing structures in terms of form, materials, fenestration, and roof shape.

New buildings, or additions to existing buildings, should reflect the discernible pattern of window and door openings that is established among adjacent structures or is present in the existing building.

The construction of blank or windowless facades should be avoided.

The utilization of ribbon or continuous strip glazing in a building facade should be avoided.

New buildings should have a roof shape similar in proportion, form and character to the majority of the existing structures having frontage on the same corridor. Dead-flat roofs are generally inconsistent with the existing character of the Town and should be avoided, except where the size or type of the building requires a flat roof and facade variations and architectural features can disguise the flatness of the roof. The use of green and landscaped roofs is encouraged.

A large building facade and the sides visible from the street corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.

Major modifications to existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided. Rain gardens and other natural methods for handling stormwater should be considered.

The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.

Service alleys for deliveries and utility access should be established along rear property lines.

New development should be sensitive to existing conditions and patterns of development, particularly where historic structures are present. When new development occurs it should maintain consistent architectural character along with setbacks, spacing, and alignment between the new and existing buildings.

Maintain consistent setbacks, spacing, and alignment for infill development.

The layout for new or infill development should correspond with existing buildings, roads, and road intersections. Existing intersections should be used as access points to new development where possible, and new buildings should relate to existing buildings to create a safe and pleasant pedestrian environment.

Buildings, parking lots and open space should relate to one another and create a unified development.

Building design should creatively reflect traditional elements of the area's character. Diversity that is in tune with the massing, proportion, decorative design elements, and street relationships of nearby buildings is encouraged. Clusters of buildings with internal open spaces are desired, rather than single buildings separated by vast expanses of parking lots. Old and new structures should appear as a comprehensive sequence in size and shape.

New development should not conflict with the scale and character of adjacent structures.

(16)

A variety of roof types, heights and gable orientations in proportion to the volume of the building should be incorporated. Extensive use of very steep, or flat or very low-pitched roofs should generally be avoided. Sloping roofs can be broken up by the use of dormers and gables to give the facade more visual prominence.

Parking guidelines. The design of parking should consider the following guidelines:

Parking should be secondary to the buildings and pedestrian system.

Parking should be located behind or along the side of commercial structures, and be visually screened from the road to create a more interesting streetscape.

Smaller, well-connected parking areas are generally preferred.

Create additional (side/back) entrances to buildings to render side and back parking lots more attractive to customers.

Utilities, dumpsters, and service areas should respect adjacent residential uses.

Reciprocal parking agreements and easements should be used to provide shared access to driveways and parking whenever possible.

Provide and preserve trees to shade parking areas and walkways to structures.

Provide visual buffers around and through parking lots.

Provide landscaped medians and islands to break up and define parking areas, and to perform stormwater management functions.

Parking lots should include a snow storage and disposal area that provides for snow melt over a vegetated or green infrastructure area.

Access management and pedestrian circulation. To create safe and comfortable circulation for pedestrians, interaction between motor vehicles and pedestrians should be minimized by considering the following design guidelines:

Provide clear crossing areas for pedestrians.

Limit the number of entry points and curb cuts to a development.

Providing motor vehicle connections to adjacent lots and developments through shared access roads and linked parking.

Pedestrian walkways, marked crosswalks and multi-use paths should be used to connect buildings to one another, to parking areas, and to public streets and sidewalks.

Facilities for pedestrian and bicycle circulation within the site, and connection of such facilities to adjoining properties and facilities, are encouraged.

Establish a pleasant, walkable environment for pedestrians through landscaped sidewalks.

Utilize a consistent theme of street trees, other landscaping elements, and pedestrian amenities to provide a unified streetscape.

Landscaping. Landscaping should be designed to serve several functions, including softening and framing building structures, highlighting building and vehicle entrances, defining pedestrian movement, screening undesirable views, and perform stormwater management functions by considering the following:

Install appropriate landscaping to provide visual cues about location by using consistent plantings and hardscape throughout an area, but which is unique to each area.

In existing commercial strips, expand green space and planting areas to improve the aesthetics.

In new projects, use open space as an integral component of the design scheme, rather than as a remnant of the development process.

Plant street trees for shade and to enclose the street and define the edge of public and private space. Existing specimen trees should be used to the extent feasible.

Landscape parking areas to provide visual relief, shade and buffers to adjoining uses. Trees, shrubs, flowers, and ground cover should be used as appropriate.

Large impervious surfaces should be divided into smaller units through the use of landscaped medians and islands.

Courtyards, parks, and similar green spaces should be considered to provide transitions between commercial and other uses.

Provide landscaping that complements the building and highlights access points.

Landscaped areas in or adjacent to parking or other impervious surfaces should be designed to function as stormwater management facilities.

Provide landscaped buffers to visually screen parking lots.

Minimize use of invasive species of trees, shrubs, and flowers for landscaping and renovation. Instead, utilize plant species native to the area to the greatest extent practicable.

Signs. The use of signs as design elements is important for maintaining a desirable community character and should consider the following:

Signs should be at a scale appropriate to the use and volume of the facility.

Signs should be maintained to avoid visual blight and provide a fair and competitive economic environment.

Buildings or their architectural treatments should not be so garish in line, color, or effect so as to constitute a sign in themselves.

§ 280-40 Supplemental regulations.

Purpose. The purpose of this section is to provide additional requirements and conditions for certain uses and structures identified elsewhere in this chapter due to the intensity or nature of particular uses.

Antenna. An antenna shall comply with the following additional requirements:

Height and placement limitations for all antennas.

If the antenna is mounted on a building, no part of the antenna structure, except as provided below, shall extend to a height greater than six feet above the surface of the roof directly beneath the antenna.

No part of the antenna shall extend to a height of more than 100 feet above ground level.

This subsection is intended to comply with regulations of the Federal Communications Commission applicable to certain antennas as follows:

A "dish" or other antenna designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite shall be one meter or less in diameter.

An antenna designed to receive video programming services via broadband radio service (wireless cable) or to receive or transmit fixed wireless signals other than via satellite shall be one meter or less in diameter or diagonal measurement.

An antenna designed to receive local television broadcast signals shall not have a mast higher than 12 feet above the roofline.

Automobile lot. An automobile lot shall comply with the following additional requirements:

An automobile lot may include the sale and rental of motor vehicles, mobile homes and recreational vehicles.

The sale of used vehicles shall not be allowed except in conjunction with the sale of new vehicles, both of which shall be established on the same lot.

Automobile service station. An automobile service station shall comply with the following additional requirements:

An automobile service station shall require a minimum lot area of 40,000 square feet or more, and a minimum frontage of 150 feet, except for corner lots where a minimum frontage of 100 feet on each street or highway shall be required.

The area used for an automobile service station shall not encroach on a required setback.

A fuel pump shall have minimum side and rear yard setbacks of 20 feet and shall have a minimum distance of 35 feet from any street line, measured from the outside edge of the fuel island.

An access drive shall be located a minimum of 200 feet from a school, public library, theater, religious institution, public gathering place, park, playground or fire station.

All repair work and storage shall take place within an enclosed building with a maximum height of 25 feet.

The maximum number of service bays is four.

The outside storage of materials, vehicle parts, waste products, or other materials is not allowed unless screened from view.

Unregistered and/or unlicensed vehicles are not permitted.

Cannabis retail dispensary. A cannabis retail dispensary shall comply with the following additional requirements:

[Added 6-21-2022 by L.L. No. 6-2022[1]]

A cannabis retail dispensary shall be located in a store, the principal entrance to which shall be from the street level and located on a public thoroughfare in premises which may be occupied, operated or conducted for business, trade or industry.

The cannabis retail dispensary shall have legal access to a state highway.

No storefront for a cannabis retail dispensary shall be located within 500 feet of a school grounds as such term is defined in the Education Law.

No storefront for a cannabis retail dispensary shall be located within 200 feet of a house of worship.

No storefront for a cannabis retail dispensary shall be located within 500 feet of the boundary of a Town park.

The daily hours of operation shall be only between 9:00 a.m. and 9:00 p.m., except on Sunday when the hours of operation shall be only between 12:00 noon and 7:00 p.m.

The cannabis retail dispensary shall not be located in a Country Hamlet District under § 280-14 or a Planned Unit Development District under § 280-17.

The cannabis retail dispensary shall comply with all laws and regulations of New York State relating to a cannabis retail dispensary.

Editor's Note: This local law also redesignated former Subsections E through Y as Subsections F through Z, respectively.

Drive-in movie theater. A drive-in movie theater shall comply with the following additional requirements:

Minimum dimensional requirements:

Lot area: 10 acres.

Minimum front yard: one-hundred-foot setback.

Minimum frontage: 600 feet, plus an additional 100 feet of frontage for each one-hundred-car capacity above 500 motor vehicles.

Minimum off-street waiting or storage area: not less than 25% of total capacity, with 20 feet per motor vehicle.

Screens shall not face the highway.

There shall be not less than one ticket booth for each 300 motor vehicle capacity or fraction thereof.

No sound, as from loudspeakers, shall be audible in a Residential District.

Family apartment. A family apartment shall comply with the following additional requirements:

The family apartment shall be attached to the principal dwelling unit which is owner-occupied, except in the A, RA3, and RA5 Districts, in which the family apartment may be located in a major accessory structure. The family apartment shall be occupied by a person or persons related to the owner by blood, adoption or marriage.

[Amended 5-21-2019 by L.L. No. 7-2019]

The family apartment shall have a floor area of not less than 550 square feet and not more than 850 square feet and have an entrance through or in common with the main dwelling unit.

Parking shall be provided on the same lot for the exclusive use of the apartment dwellers.

A deed for property containing an apartment shall have a covenant indicating that the apartment is permitted only when the principal dwelling is owner-occupied and the apartment is occupied by a person or persons related to the owner by blood, adoption or marriage. The deed shall be filed in the office of the Albany County Clerk, and proof of filing shall be submitted to the Building Department within 60 days after issuance of the permit.

A permit issued pursuant to this provision is temporary and shall cease upon notice to the Town that the applicant no longer meets the conditions for such use. Once issued, the permit shall be renewed by the applicant through the Building Department on an annual basis until such time as the use shall cease. There shall be a fee as set by resolution of the Town Board for each such renewal. Failure to renew the permit shall constitute a violation of this chapter and result in prosecution.

Farm stand. A farm stand shall comply with the following additional requirements:

The farm stand shall be a maximum of 600 square feet in gross floor area.

The farm stand shall be located a minimum of 20 feet from the highway right-of-way.

The farm stand shall provide adequate off-street parking.

Home occupation.

Purpose. The purpose of this use is to accommodate small-scale owner-occupied businesses, trades or professions within residential and rural areas. It is the intent that there will be no degradation of the character of neighborhoods in which these activities occur. A home occupation shall be conducted in a manner which does not give the outward appearance of a nonresidential use or business being conducted on the premises, does not infringe on the right of neighboring landowners to the quiet enjoyment of their land, and does not alter the character of the district in which the lot is located.

Minor home occupation. A permit is not required for a home occupation which meets the following requirements:

No physical change to the exterior of a principal or accessory structure is required to accommodate the home occupation.

The use is conducted on the property solely by persons utilizing the dwelling as their primary residence.

The home occupation has no nonresident employees.

There shall be no sign or advertising structure for the home occupation use.

There is no exterior storage of materials, equipment, vehicles or supplies used in the home occupation.

There are no clients or customers at the property.

No articles or products are offered for sale or repair services provided at the property.

The home occupation meets the conditions under Subsection F(3) below.

The applicant submits a completed certification for a minor home occupation which certifies compliance with the provisions of this section and pays the fee required by the Town Board. A certification or fee is not required if the minor home occupation has no advertisement, internet presence, phone listing, or other public information that associates the minor home occupation with the property, and complies with conditions for a minor home occupation.

Home Occupation I. Home Occupation I is permitted in the Single-Family Residential A, RA3, RA5, MR, TH, BNRP, and LB Districts, provided that the proposed home occupation meets the following requirements:

The home occupation is incidental and secondary to the residential use of the property and carried on by a member of the family in the dwelling unit.

The home occupation shall be carried out wholly within the enclosed walls of the dwelling unit and utilize no more than 25% of the floor area. The home occupation shall not use an accessory structure.

There shall be no exterior display or exterior storage of materials, equipment, vehicles or supplies used in the home occupation.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

The home occupation shall not generate traffic beyond that normally expected in the zoning district. Any parking generated by such use shall be provided in an off-street area.

The home occupation shall not allow the use of the property as a meeting place or gathering location for nonresident employees for work elsewhere or the storage of materials, equipment, vehicles, or supplies for use elsewhere.

No equipment or process shall be used that creates noise, vibration, glare, fumes, odors, or electrical interference detectable by the normal senses of persons beyond the limits of the property. In the case of electrical interference, there shall be no radio or television disruption outside the dwelling unit or fluctuations in line voltages off the premises.

The home occupation shall not use, store, produce or dispose of a toxic or hazardous material.

If the home occupation involves teaching, tutoring, or similar personal instruction and/or care, no more than two students or clients shall be permitted in the dwelling unit at any one time.

The home occupation shall employ no more than one nonresident employee at any one time.

A sign for the home occupation shall conform to the requirements for signs as set forth in this chapter.

Home Occupation II. Home Occupation II is permitted in the A, RA3, and RA5 Districts, provided that the proposed home occupation meets the following requirements:

The proposed home occupation meets all of the conditions for a Home Occupation I under Subsection F(3) above, except that:

The home occupation may employ up to three nonresident employees at any one time.

The use of accessory structures is permitted, where the accessory structures have a minimum twenty-foot side yard setback and a minimum twenty-foot rear yard setback.

The exterior display of articles or products of the home occupation and the exterior storage of materials, equipment, vehicles or supplies used in the home occupation are allowed in the rear yard only, with a minimum twenty-foot side yard setback and a minimum twenty-foot rear yard setback.

The home occupation may sell or offer for sale articles or products that are wholly produced, grown, created or assembled on the lot and may provide repair services in connection with the trade of a dressmaker, milliner, seamstress, or tailor, furniture repair, reupholstering, or the trade of a blacksmith, locksmith or household appliance or small engine repair. Repair services may include the sale of replacement or repair products or accessories that are reasonably related to the principal product.

A sign for the home occupation shall conform to the requirements for signs as set forth in this chapter.

Prohibited home occupations. The use of a dwelling or accessory structure for the following home occupations is prohibited:

Ambulance or taxi service.

Dance studio, aerobic exercise studio, gymnasium, or health club.

Kennel.

Laundry service or dry-cleaning service.

Mortician, funeral home or hearse service.

Motor vehicle repair, sales or rental.

Parking garage or parking for rental of off-street parking spaces.

Restaurant, cafe or tavern.

Towing service.

Hotels. A hotel, general may exceed the existing height restrictions in § 280-24, provided that a hotel, general shall not exceed six stories in height; and further provided that the minimum front, side and rear yard setback distances shall be increased, beyond those otherwise required, by six feet for each additional story above the third story. A hotel, local may exceed the existing height restrictions in § 280-24, provided that a hotel, local shall not exceed three stories in height and/or 45 feet.

Inn. An inn shall comply with following additional requirements:

The number of lodging units shall be limited to the lesser of one unit per five seats at the associated sit-down restaurant or 30 units.

The inn shall be located on the same lot and have the same owner or management as the sit-down restaurant to which it is accessory.

The inn shall be serviced by municipal water and sewer facilities.

No inn shall be located on a lot where the lot is less than 2,000 square feet per lodging unit.

Keeping of chickens. The keeping of chickens is permitted in a Residential District, subject to the following requirements:

The maximum number of chickens shall not exceed six per lot.

Only hens are allowed. Roosters are prohibited.

The keeping of chickens shall be for personal use and not for a commercial basis.

The outdoor slaughtering of chickens is prohibited.

The keeping of chickens is limited to rear yards.

A henhouse shall be provided and shall provide safe and healthy living conditions for chickens while minimizing adverse impacts to neighboring properties, and shall be enclosed on all sides and have a roof and doors. The henhouse shall be constructed at least two feet above the surface of the ground. Access doors shall be shut and secured at night. Windows and vents shall be covered with predator-and bird-proof wire of less than one-inch openings.

A chicken pen shall be provided and shall consist of wire fencing, and shall be covered with wire, aviary netting, or solid roofing.

The henhouse and chicken pen shall provide adequate ventilation, sun, and shade, and shall be impermeable to rodents and predators, including, but not limited to, birds, dogs and cats. The property owner shall take all reasonable steps to eliminate the potential infestation of insects and parasites.

A chicken pen and henhouse shall be subject to the provisions for accessory structures, except that such structures shall have a minimum rear yard and side yard setback of 20 feet.

Chickens shall be kept in an enclosure at all times. During daylight hours, chickens may be allowed outside chicken pens in a secured fenced yard if supervised. During non-daylight hours, chickens shall be secured within a henhouse.

Enclosures shall be clean, dry, odor-free, and kept in a sanitary condition, in a manner that shall not disturb the use and enjoyment of neighboring properties due to noise, odor, or other adverse impact.

Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible beyond the property boundary.

Only fully shielded lighting shall be used to light the exterior of the henhouse.

Chickens shall be provided with access to feed and clean water at all times. Such feed and water shall be unavailable to rodents and predators.

Provisions shall be made for storing and removing chicken manure in a sanitary manner. All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken pen, and surrounding area shall be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

(16)

The applicant shall submit a completed certification of compliance with the provisions of this section and pay the fee required by the Town Board. The certification shall further provide that the applicant agrees to allow the Zoning Inspector to enter upon and inspect the property to determine compliance with the provisions of this subsection.

(17)

A permit to keep domesticated chickens may be suspended or revoked by the Zoning Inspector where there is a risk to public health or safety or for violation of or failure to comply with any provision of this section.

Kennel. A kennel shall comply with the following additional requirements:

The kennel shall be operated a minimum of 300 feet from a residence other than the residence of the owner or operator thereof.

The dogs shall be confined within a building between 10:00 p.m. and 7:00 a.m.

Landscaping/Lawn contracting facility. A landscaping/lawn contracting facility shall comply with following additional requirement:

Loading and storage of equipment and materials shall be located a minimum of 20 feet from all property lines and shall be screened from view from adjacent properties by landscaping and/or fencing.

Mining and excavation.

Purpose. The purpose of this subsection is to allow mining and excavation activities only in appropriate locations and only by issuance of a permit as set forth herein with conditions necessary for the protection of nearby residents, natural resources, and public streets.

Prohibited activities. No permit issued under this subsection shall be construed to allow the processing of materials not mined or excavated at the proposed permit site or allow any activities prohibited under § 280-22E.

Application. The applicant shall file a complete application for a permit and required filing fee. The application shall be signed by the applicant and owner of the proposed permit site and shall include the following:

The name and address of the applicant and owner of the permit site.

A complete copy of any application to the NYS Department of Environmental Conservation for a mining permit, including all maps, reports and documentation incidental thereto, and the mining permit which has been issued by the DEC in relation to the subject operation.

A copy of any written plan for reclamation and map for the area, including all items required for filing with the NYS Department of Environmental Conservation for a mined land reclamation permit.

A plat prepared by a licensed engineer or surveyor at a scale of one inch equals 100 feet showing the following:

The proposed permit site and all contiguous land which may be used for appurtenant activities;

Public highways bounding or accessing the proposed permit site and all structures on adjoining property within 200 feet of the property line of the proposed permit site.

The boundaries of the proposed permit site by bearing and distance, existing topography and ten-foot contour intervals and the boundaries of zoning classifications and location of all water sources within 1,000 feet of the proposed permit site.

Average thickness of overburden within the boundaries of the proposed permit site.

Location of haulageways to and from the proposed permit site.

Any planned impoundment of water to provide lakes or ponds for wildlife at restoration.

Planned drainage and water control for all affected areas so as to reduce soil erosion damage to adjacent lands.

[8]

The sequence of cuts or excavations.

[9]

The groundwater levels as determined by soil borings.

[10]

The prevailing wind directions.

An operations map showing the plan for the operation and appurtenant activities which shall be presented as an overlay to the plat and the following:

Area of active mining or excavating and area requested for appurtenant activities.

Area where topsoil and overburden will be temporarily stored for the future use of restoring excavated or mined areas.

Review of permit application. In reviewing the application, the Zoning Board shall consider the following:

Applicable requirements under NYS Environmental Conservation Law § 23-2701 et seq.

Setbacks. The proposed use and appurtenant activities shall have the following minimum setbacks:

Five hundred feet from an adjoining residential dwelling.

Fifty feet from an adjoining property line.

Seventy feet from the center line of a right-of-way, provided that the angle of repose is no more than 33%. Grading may be conducted within such limits in order to provide adequate access to the premises. The setback area shall not be used for a use in conjunction with the excavation and appurtenant activities except for one public notice sign for identifying use, buffer effect and those conditions of this section pertaining to top- and subsoil preservation.

Haulageways shall be a minimum of 20 feet from an adjoining property line.

All applicable setbacks under § 280-30.

The proposed permit site shall have legal access to a public highway.

Access roads shall be constructed to include a curve so as to screen the operation from public view. The junction of the access and the public road shall be at an angle of not more than ten-degree deviation from a right angle.

Fencing shall be provided on all sides of the proposed permit site that abuts a residential zone, unless the depth of excavation (vertical face) is less than 10 feet. Fencing shall be erected no closer than 30 feet to a public right-of-way or an adjoining property line. The fencing shall be at a minimum of five feet in height and comply with § 280-27.

Topsoil preservation. Topsoil removed for excavating or mining activities shall be stockpiled for use in accordance with the restoration plan. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property.

Landscape. Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained and supplemented by additional landscaping and berms for the purpose of screening and noise mitigation.

Lateral support. All operations shall be conducted to avoid hazard or harm to persons, damage to adjacent land or improvements, public highways or watercourse.

Hours of operation. The hours of operation shall be only between 7:00 a.m. and 7:00 p.m. on Monday through Friday and between 9:00 a.m. and 5:00 p.m. on Saturday. No operations will be allowed on Sundays.

Dust and dirt control. All haulageways leading to public highways shall be dust- and mud-free. All precautions shall be taken to prevent dust and dirt from being blown from the premises. The first 200 feet of access from public roads shall be paved.

Noise. Operations shall not be detrimental to adjacent property nor unduly interfere with the quiet enjoyment of adjacent property.

Drainage system. A stormwater management plan shall be provided. No activity shall be allowed within 100 feet of a watercourse. Sediment control measures shall be installed to keep all sediment on the proposed permit site.

Erosion control. A plan for control of soil erosion onto public highways, watercourses or adjacent property shall be provided.

Requirements and conditions specified in a mining permit and mined land reclamation permit issued by the NYS Department of Environmental Conservation and provisions for the Town's enforcement of such permits.

Restoration and revegetation requirements:

Slope. No slope shall be left with a grade steeper than one foot on three feet; provided, however, that for quarry operations, the applicant's engineer shall certify the face of the quarry wall as safe and acceptable and may require means necessary to reinforce unsafe faces.

All man-made debris shall be removed from the proposed permit site.

Within six months after termination of operations, all equipment, building and structures associated with the operations shall be removed from the premises and all restoration and reclamation shall have been completed.

Compliance with all provision of a mined land reclamation permit issued by the NYS Department of Environmental Conservation.

Exemptions. The following activities are exempt from the requirements of this subsection:

Land disturbance activity for the improvement of a single lot or parcel of land in connection with construction of a dwelling, multifamily dwelling, building, or other structure for which a building permit has been issued.

Land disturbance activity for a project requiring a building permit, special use permit, site plan approval or subdivision approval and where the excavation is incidental to the project.

Excavation for utility installation which is to be backfilled.

Agricultural drainage work incidental to agricultural operations, including farm ponds, if no material is removed from the proposed permit site.

The excavation of not more than 200 cubic yards of material per year from the proposed permit site during any twelve-consecutive-months period.

Excavation in response to an emergency at the direction of the Zoning Inspector or stormwater management officer.

Mixed-use building.

Purpose. The purpose of this section is to allow both residential and nonresidential uses in appropriate buildings to:

Allow a mixture of complementary uses to create economic and social vitality and to encourage the linking of trips;

Provide flexibility in the siting and design of new development and redevelopment; and

Facilitate development that supports public transit where appropriate and encourage bicycle and pedestrian travel.

Requirements.

Residential uses in mixed-use buildings are permitted on upper stories only or on ground floors where they do not use storefront space. Residential uses shall not exceed 25% of ground floor area.

Density. In a mixed-use development, the density shall not exceed eight residential units per acre. Minimum floor areas for residential units shall comply with § 280-15.

Auto-oriented uses such as drive-through restaurants and vehicle sales and service are prohibited.

Off-street parking is generally to be provided in the rear or side of buildings.

The main entrance to a building should be oriented toward the street and sidewalk. There are generally windows or display cases along building facades which face the street or sidewalk.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities. Buildings, vehicular circulation and open spaces shall be arranged so that pedestrians moving between buildings or from buildings to the street are not unnecessarily exposed to vehicular traffic.

There shall be adequate provision for parklands for playgrounds or other recreational purposes as set forth in § 280-36.

Motorized aircraft. No person shall land a piloted, motorized aircraft, except for medical or mechanical emergencies or agricultural, military or official government purposes, other than landing facilities approved by the Town and federal aviation agencies.

Outdoor wood furnace. No person shall locate or operate an outdoor wood furnace that does not comply with any requirements imposed by the U.S. Environmental Protection Agency, NYS Department of Environmental Conservation, Albany County Department of Health, or any other federal, state, county, or local agency. Such use shall also comply with requirements in this chapter that are not inconsistent with other laws or regulations.

Residential facility, independent-living; residential care facility, assisted-living; residential health care facility (nursing home). The following supplemental regulations shall apply to any application requesting approval of these facilities:

[Added 9-17-2019 by L.L. No. 10-2019[2]]

Purpose. This section provides for allowing housing for the elderly and disabled persons in appropriate settings that are reasonably accessible to community activities, medical facilities, businesses, professional services, and public facilities and with public transportation within a reasonable distance and access to municipal water and wastewater service.

Requirements.

Occupancy. Occupancy of dwelling units in a facility shall be for residential purposes only. A dwelling unit shall be occupied by:

One, two or three person(s) 55 years of age or older or disabled;

One child residing with a parent or legal guardian who is 55 years of age or older or a disabled person;

The surviving spouse of a person 55 years of age or older or a disabled person, provided that the surviving spouse was a resident of the facility at the time of the death of the spouse or disabled person; or

One adult, 18 years of age or older, residing with a person who is 55 years of age or older or a disabled person, provided that the adult is essential to the long-term care of the elderly or disabled person as certified by a physician duly licensed in New York State.

Temporary occupancy by guests of a resident of the facility shall be permitted, provided that such occupancy does not exceed 30 days in any calendar year.

One dwelling unit may be occupied by a building superintendent or project manager and his/her family.

The Chief Building Inspector may request that the manager of the facility provide an annual certified statement attesting to compliance with these occupancy requirements.

Prohibition and required access. A facility is prohibited on a Town highway unless the lot upon which the facility is located has direct access to or frontage on a state or county highway or the facility is within 1,000 feet of Western Avenue.

Municipal water and wastewater. A facility shall be served by municipal water and wastewater.

Density. The density shall not exceed the following:

A facility in the A, RA3, RA5, R10, R15, R20, R30, and R40 Districts shall not exceed 12 dwelling units per buildable acre.

A facility in the MR, BNRP, LB and GB Districts shall not exceed 15 dwelling units per buildable acre.

Setbacks. Any principal building shall be located a minimum of 100 feet from a single-family residence lot.

Minimum floor area. Minimum floor areas for dwelling units shall comply with § 280-15.

Outdoor recreation. Adequate outdoor recreation space as required by § 280-36.

Editor's Note: This local law also renumbered former Subsections R through W as Subsections T through Y, respectively.

Self-storage facility. A self-storage facility shall comply with the following additional requirements:

[Added 5-21-2019 by L.L. No. 7-2019]

The facility shall not exceed one story or 20 feet in height.

The design of the facility should reflect traditional elements of the area's character.

The facility should have a roof shape similar in proportion, form and character to the majority of the existing structures having frontage on the same corridor.

The facade and sides of facility visible from the street should incorporate architectural and design features comparable to nearby existing structures.

Building design shall conform to § 280-39C, Building design standards.

No unit, stall or locker shall be used or occupied as a place of manufacturing, retail or wholesale selling, office or other business services, or human habitation.

No separate, dedicated utility connections such as electricity, water, telephone cable TV, or gas, shall be provided in the individual units, stalls or lockers.

No outside storage shall be permitted, except in the Industrial (I) District and Industrial Park (IP) District with appropriate screening.

A rental office may be included with accessory sales such as storage boxes, package shipping/drop-off services and other accessory uses as may be permitted by the reviewing board.

Signage shall be placed inside the rental office or loading area stating that no hazardous, flammable or explosive materials use or storage is permitted.

Self-storage facility, indoor.

[Added 9-20-2016 by L.L. No. 5-2016][3]; amended 5-21-2019 by L.L. No. 7-2019]

No unit, stall or locker shall be used or occupied as a place of manufacturing, retail or wholesale selling, office or other business services, or human habitation.

No separate, dedicated utility connections such as electricity, water, telephone cable TV, or gas, shall be provided in the individual units, stalls or lockers.

No outside storage shall be permitted, except that storage areas may be directly accessible from the outside on only one side of the building that is not facing a street or proposed street and is screened from view.

A rental office may be included with accessory sales such as storage boxes, package shipping/drop-off services and other accessory uses as may be permitted by the Zoning Board of Appeals.

Signage shall be placed inside the rental office or loading area stating that no hazardous, flammable or explosive materials use or storage is permitted.

Building design shall conform to § 280-39C, Building design standards.

Editor's Note: This local law also redesignated former Subsections R, S and T as Subsections S, T and U, respectively.

Solar energy system.

[Amended 4-21-2020 by L.L. No. 1-2020]

Purpose. The purpose of this subsection is to provide for the siting, development, and decommissioning of solar energy systems in accordance with the Comprehensive Plan and subject to reasonable conditions to reduce potential impacts to adjoining properties while promoting development of renewable energy resources by:

Supporting the Town's renewable energy initiatives in becoming a "Climate Smart Community" as recognized by the New York State Department of Environmental Conservation and a "Clean Energy Community" as recognized by the New York State Energy Research Development Agency, and pledging to address climate change by adopting climate smart land use principles, setting goals for climate action, decreasing fossil fuel energy use and shifting to renewable energy.

Supporting the New York State Energy Plan (2015) of achieving 100% of the state's energy needs from renewable sources by 2040.

Recognizing that solar energy is an abundant and renewable energy resource, and its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the greenhouse gas emissions that result from the use of nonrenewable energy sources.

Protecting scenic and environmental resources from the impact of major solar energy facilities on parklands, trails, wetlands, wildlife, scenery, floodplains, historical and cultural sites, and recreational activities.

Solar energy system, accessory. An accessory solar energy system shall comply with the following requirements:

A ground-mounted accessory solar energy system shall comply with the setback and height requirements for a major accessory structure and may be eligible for a New York State uniform solar permit.

A roof-mounted accessory solar energy system shall be mounted as flush as possible to the roof and may be eligible for a New York State uniform solar permit. To achieve proper solar orientation, panels may exceed the roofline by five feet.

Except as may be waived by a New York State uniform solar permit, an accessory solar energy system shall meet the requirements of § 280-40U(3)(b), (c), (f) and (r) and other requirements deemed applicable by the Planning Board or Zoning Board of Appeals.

Solar energy system, major. A major solar energy system shall comply with the following requirements:

Visual impact assessment.

An assessment shall be conducted of potential visual impacts upon residential properties, public roads, known important views or vistas, and historic and cultural places.

The assessment shall include consideration of recommendations and guiding principles in the following:

Comprehensive Plan;

Rural guilderland. Open Space and Farmland Protection Plan;

Helderberg Escarpment Planning Guide (Mohawk Hudson Land Conservancy);

[d]

New York State Department of Environmental Conservation's Program Policy (DEP-00-2), entitled "Assessing and Mitigating Visual and Aesthetic Impacts," issued July 31, 2000, last revised December 13, 2019, as may be amended;

[e]

Clean Energy, Green Communities: A Guide to Siting Renewable Energy in the Hudson Valley (Scenic Hudson); and

[f]

Other recognized resources for assessing visual impacts.

The visual assessment shall include:

A line-of-sight profile analysis;

A computer-generated model of visual impacts on viewpoints noted in § 280-40U(3)(a)[1], including photo simulations of summer and winter conditions, and before-and-after simulations of proposed landscaping and buffer.

The Planning Board and Zoning Board may require additional visual impact analyses from other locations and may require a digital view shed report or other more enhanced visual assessments.

Equipment. All electrical and control equipment shall be labeled and secured to prevent unauthorized access as required by the National Electrical Code and New York State Uniform Fire Prevention and Building Code.[4]

Editor's Note: See Executive Law § 370 et seq.

Signs. Warning signage shall be placed on solar equipment to the extent appropriate. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except:

Manufacturer's or installer's identification;

Appropriate warning signs and placards;

Signs that may be required by a federal agency; and

Signs that provide a twenty-four-hour emergency contact phone number and warning of any danger.

Landscaping plan. The landscaping plan shall show how the solar panel arrays and mechanical equipment will be screened from view to the maximum extent practicable. The plan shall specify the locations, elevations, height, plant species and/or materials that will comprise the landscaping, berms, grading, structures, architectural features, or other screening methods. The landscaping and buffer shall be designed to harmonize with the character of the property and surrounding area, mitigate adverse aesthetic effects, and screen the system from adjoining and nearby properties and roadways, known important views or vistas, and historical and cultural places. The plan shall use, to the extent practicable, native and noninvasive plant species to promote habitat for wildlife and foraging habitat beneficial to game birds, songbirds, and pollinators. Buffers shall consist of a diverse selection of native tree and shrub species to create a hedgerow habitat structure and provide for year-round screening. Evergreen tree plantings may be required to properly screen portions of the site.

Landscaping management plan. A plan shall specify how the owners and operators will implement, maintain and replace, if necessary, the approved landscaping plan and screening methods.

Glare. Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways. Exterior surfaces of roof-mounted collectors and related equipment shall have a nonreflective finish and shall be color-coordinated to harmonize with roof materials and other dominant colors of the structure. The applicant shall demonstrate that any glare produced does not have significant adverse impact on neighboring properties or roadways.

Preservation. Existing on-site vegetation shall be preserved to the maximum extent practicable. The removal of existing noninvasive trees greater than six inches in diameter shall be minimized to the greatest extent possible. Clear-cutting of all native and noninvasive trees in a single contiguous area exceeding 20,000 square feet shall be prohibited, except for agricultural and farm management practices as shown in a submitted arborist's report.

Height. Ground-mounted arrays shall not exceed 20 feet in height when oriented at maximum tilt.

Lot coverage. A major solar energy system shall not exceed 60% lot coverage. "Lot coverage" shall be defined as the area measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and roadways.

Site disturbance. Site disturbance, including, but not limited to, grading, soil removal, excavation, soil compaction, and tree removal, shall be minimized to the maximum extent practicable. The siting of a solar energy system shall take advantage of natural topography and vegetative screening. The facility should be located at a lower elevation on the property if practicable. Forested sites shall not be deforested to construct a solar energy facility.

Site operation and maintenance plan. A plan showing continued photovoltaic maintenance and property upkeep, such as mowing and trimming. Washing additives shall be nontoxic and biodegradable.

Stormwater pollution prevention plan (SWPPP). An SWPPP prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Town.

Noise. Substations and inverters shall be located so to provide for no discernible difference from existing noise levels at the property line.

Setbacks. Any structure and equipment for a major solar energy facility shall be located an additional 100 feet from the minimum setback requirements for a principal structure under § 280-24, and shall be located at least 200 feet from an adjacent residential dwelling unit. The Zoning Board or Planning Board may require further setbacks to provide an adequate buffer and eliminate noise impacts.

Fencing. Perimeter fencing shall allow for the movement of small wildlife by using fixed-knot woven wire or other wildlife-friendly fencing. Barbed wire fencing is prohibited. Fencing for mechanical equipment, including a structure for storage batteries, may be seven feet high, as required by the National Electrical Code, with a self-locking gate to prevent unauthorized access.

Utility connections. Utility lines and connections for a solar energy system shall be installed underground, unless otherwise determined by the Zoning Board for reasons that may include poor soil conditions, topography of the site, and consideration of the utility provider's engineering requirements. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

(q)

Access and parking. A road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.

(r)

Safety. A solar energy system shall be certified under the National Electrical Code and New York State Uniform Fire Prevention and Building Code[5] as required, and shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal, at a level acceptable to the local fire department. Storage batteries shall meet the requirements of the New York State Uniform Fire Prevention and Building Code and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.

Editor’s Note: See Executive Law § 370 et seq.

Site plan. In addition to the requirements for site plans under § 280-53E, and information required under § 280-40U(3), a site plan for a major solar energy system shall include the following:

A one- or three-line electrical diagram detailing the major solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over-current devices.

A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.

The name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the major solar energy system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.

Additional special use permit conditions. In addition to the conditions set forth in § 280-52F, the following conditions shall apply to a special use permit for a major solar energy system:

The Zoning Board shall confirm compliance with the requirements of § 280-40U(3), and shall make the following affirmative findings:

The project conforms to the Comprehensive Plan and, if applicable, Rural Guilderland: Open Space and Farmland Protection Plan;

The major solar energy system will not adversely materially affect the value, use or enjoyment of neighboring properties; and

The visual assessment demonstrates that the major solar energy system will not have a detrimental effect on the public's use, enjoyment or view of a significant place, view or historic structure, including but not limited to John Boyd Thacher State Park and the Helderberg Escarpment.

Decommissioning plan. An application for a major solar energy system shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or with removal of the system. The decommissioning plan shall address those items listed in § 280-40U(6) and include:

An estimate of the anticipated operational life of the system;

Identification of the party responsible for decommissioning;

Description of any agreement with the landowner regarding decommissioning;

A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work;

A cost estimate prepared by a qualified professional engineer estimating the full cost of decommissioning and removal of the solar energy system and restoration of the site; and

A financial plan to ensure that financial resources will be available to fully decommission the site.

Financial surety. Prior to the issuance of a building permit and every three years thereafter, the major solar energy system owner and/or landowner shall file with the Zoning Inspector evidence of financial security to provide for the cost of decommissioning and removing the solar energy system and restoring the site, including, but not limited to, legal fees, court costs, and expenses, in the event the system is not removed by the system owner and/or landowner. Evidence of financial security shall be in effect throughout the life of the system and shall be in the form of an irrevocable letter of credit, surety bond, or other security acceptable to the Zoning Board. The financial security shall include an auto-extension provision, be nonterminable, and issued by an A-rated institution solely for the benefit of the Town. The Town shall be entitled to draw on the financial security in the event that the major energy system's owner and/or landowner is unable or unwilling to commence decommissioning activities within the time periods specified herein. No other parties, including the owner and/or landowner, shall have the ability to demand payment under the letter of credit or surety bond. Upon completion of decommissioning, the owner and/or landowner may petition the Town Board to terminate the letter of credit or surety bond. In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of financial security with the Town at the time of transfer, and every three years thereafter, as provided herein.

Amount. The amount of the financial security shall be determined by the Zoning Inspector after consulting with the Town-designated engineer regarding costs of decommissioning, removal and restoration and with the Town Attorney regarding legal fees, court costs, and expenses. The amount of the financial security may be adjusted by the Zoning Inspector upon receipt of updated cost estimates for decommissioning, removal and restoration, and legal fees, court costs, and expenses.

Decommissioning and removal.

A major solar energy system that fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a period of 12 consecutive months shall be deemed to be abandoned. The Town Board may, after holding a public hearing on notice to the owner and operator of the system and site owner, determine that the system shall be decommissioned on an approved time schedule. The decommissioning and removal of a major solar energy system shall consist of:

Physical removal of the major solar energy system from the lot to include, but not be limited to, all aboveground and below-ground equipment, structures and foundations, fences, electric transmission lines and components, roadways and other physical improvements to the site;

Restoration of the ground surface and soils to its preinstalled condition, including grading and vegetative stabilization to eliminate any negative impacts to surrounding properties;

Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations, and certification of proper removal and disposal as required by the New York State Department of Environmental Conservation or other government agency;

Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding invasive species) to minimize erosion.

Decommissioning and removal by the Town. If the major solar energy system owner and/or landowner fail to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system.

Procedure.

Upon a determination by the Town Board that a major solar energy system has been abandoned, the Zoning Inspector shall notify the system owner and operator, and property owner, by certified mail a) in the case of a facility under construction, to complete construction and installation of the facility within 180 days; or b) in the case of a fully constructed facility that is operating at a rate of less than 10% of its rated capacity, to restore operation of the facility to no less than 80% of rated capacity within 180 days, or the Town will deem the system abandoned and commence action to revoke the special use permit and require removal of the system.

Being so notified, if the system owner, landowner and/or permittee fails to perform as directed by the Zoning Inspector within the 180-day period, the Zoning Inspector shall notify the system owner, landowner and permittee, by certified mail, that the major solar energy system has been deemed abandoned and the Town intends to revoke the special use permit within 60 days of mailing the notice. The notice shall also state that the permittee may appeal the Zoning Inspector's determination of abandonment to the Zoning Board and request a public hearing.

The appeal and request for hearing shall be made and received by the Zoning Inspector within 20 days of mailing notice. Failure by the permittee to submit an appeal and request for hearing within the twenty-day period shall result in the special use permit being deemed revoked as stated herein.

[d]

In the event the permittee appeals the determination of the Zoning Inspector and requests a hearing, the Zoning Board shall schedule and conduct the hearing within 60 days of receiving the appeal and request. In the event a hearing is held, the Zoning Board shall determine whether the major solar energy system has been abandoned, whether to continue the special use permit with conditions as may be appropriate to the facts and circumstances presented to the Zoning Board, or whether to revoke the permit and order removal of the major solar energy system.

[e]

Upon a determination by the Zoning Inspector or Zoning Board that a special use permit has been revoked, the decommissioning plan must be implemented and the system removed within one year of having been deemed abandoned or the Town may cause the removal at the owner's and/or landowner's expense. If the owner and/or landowner fail to fully implement the decommissioning plan within one year of abandonment, the Town may collect the required surety and use said funds to implement the decommissioning plan.

Removal by the Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a major solar energy system, including legal costs and expenses, shall be reimbursed from the financial surety posted by the system owner or landowner as provided in § 280-40U(5)(c). Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected, with interest, by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.

Annual report. The major solar energy system owner shall, on a yearly basis, provide the Zoning Inspector a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the major solar energy system and/or the land upon which the system is located and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than 45 days after the end of the calendar year. Every third year, to coincide with the filing of evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the major solar energy system. The Zoning Inspector may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties of § 280-59 of this chapter.

Ownership changes. If the owner or operator of the solar energy system or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Zoning Inspector within 30 days of the ownership change.

Special occasion facility. A special occasion facility shall comply with the following additional requirements:

The facility or place shall not exceed 150 invited guests.

The property shall have a minimum lot area of three acres and shall be located on a state or county highway.

There shall be no amplification of sound after 10:00 p.m.

If located in a single-family residential district, the facility shall be listed on or eligible for the National Register of Historical Places.

Swimming pool. A swimming pool shall comply with the following additional requirements:

A swimming pool shall have a ten-foot setback from all property lines.

A permanent, good-quality fence shall be erected and maintained to encompass the entire perimeter of the swimming pool. The fence shall be not less than four feet in height and otherwise shall be in accordance with the standards specified for fences in § 280-27. The Zoning Board may grant permission to install a fence not to exceed eight feet in height in accordance with the provisions of § 280-27.

A gate or other opening in the fence enclosing the swimming pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at the swimming pool.

A swimming pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the NYS Sanitary Code relating to public swimming pools.

If the water of a swimming pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

Where the swimming pool is installed in an area supplied by a public water system, the Zoning Inspector shall be furnished proof that the appropriate water authority has approved the tie-in with such water system or, in the alternative, proof that the water will be furnished by an independent contractor.

No loudspeaker device shall be installed which can be heard beyond the property lines of the premises on which a swimming pool has been installed. No lighting shall be installed in connection therewith which shall throw rays beyond such property lines.

A swimming pool existing at the time this subsection becomes effective shall, within 60 days after such date, be enclosed by a fence as herein required for a new swimming pool.

An in-ground swimming pool shall be located a minimum of 12 feet from a foundation enclosing a basement or crawl space unless the owner provides a certification by a professional engineer certifying to the Town that the proposed installation would not negatively impact the foundation.

Small cell wireless facility.

[Amended 5-21-2019 by L.L. No. 4-2019]

Purpose. The Federal Communications Commission has issued a Declaratory Ruling and Third Report and Order ("order") addressing the extent to which the Town can regulate small cell systems in public right-of-ways. The order permits the Town to adopt aesthetic guidelines to ensure that the design and appearance of such facilities are compatible with nearby land uses; manage right-of-ways to ensure traffic safety and coordinate other allowed uses; and protect the integrity of historic, cultural, and scenic resources and quality of life.

Authority. The Zoning Board shall review and approve, approve with modifications, or disapprove special use permits consistent with this section under § 252 except that site plan review by the Planning Board under § 252(C) shall not be required.

Application.

No small cell wireless facility shall be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit. No existing structure shall be modified to serve as a small cell wireless facility unless in conformity with this section.

Where this section conflicts with other provisions of this chapter or other laws, the more restrictive shall apply, except for tower height restrictions which are governed by this section.

Application requirements.

An application for special use permit approval shall be signed by the applicant, and, if the proposed site is not in a public right-of-way, by the landowner.

The name, address and phone number of the applicant and property owner;

If the proposed location is within a municipal right-of-way, the site plan shall show the legal bounds of the right-of-way. If the proposed site is not within a municipal right-of-way, the postal address, 911 lot number and tax map parcel number of the property;

A written statement that the proposed small cell wireless facility shall be maintained in a safe manner, and in compliance with conditions of the special use permit, and with all applicable laws.

Documentation demonstrating the need for the small cell wireless facility to provide service primarily and essentially within the Town, including, but not be limited to, propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites as requested by the Zoning Board which shall show the service area and signal strength relationship between the proposed site and the adjoining planned, proposed, in-service or existing sites;

The size of the property stated in square feet and lot line dimensions, and a diagram showing the location of all lot lines. A survey is required by a licensed New York State land surveyor, or qualified licensed New York State engineer;

If the proposed site is not within a municipal right-of-way, a copy of the deed and any easements or restrictions and shall include field monuments for property corners;

The location of the nearest residential structure and all property owners within 1,000 feet from the proposed site;

If the proposed site is not within a municipal right-of-way, the location, size and height of all existing structures on the property which is the subject of the application;

The location, size and height of all new structures proposed with the application;

The type, locations, and dimensions of all existing landscaping, vegetation and fencing and of all proposed landscaping, vegetation and fencing;

The number, type and design of the antenna(s) proposed along with the make, model, and manufacturer of the antenna(s);

A description of the proposed antenna(s) and any new structures along with all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color, and lighting;

The frequency, modulation, and class of service of radio or other transmitting equipment;

The intended transmission and the maximum effective radiated power of the antenna(s);

Certification of a licensed professional engineer that any supporting poles and foundation are properly sized and have sufficient strength to accommodate the additional small cell equipment structural loads, including but not limited to plan, elevation, and section views of facilities, structural design in accordance with the NYS Building Code, including foundation, wind, and seismic, electrical power design plans and back-up generator plans/requirements. The small cell equipment structural shall be provided by the network provider as per the current Telecommunications Industry Association Rev-G standard;

(q)

A nonionizing radiation electromagnetic radiation report (NIER) submitted to the pole owner and retained on file for equipment type and model. The NIER report shall be endorsed by an RF PE licensed in the State of New York. The report shall specify minimum approach distances to the general public as well as electrical communication works that are not trained for working in an RF environment (uncontrolled) when accessing the pole by climbing or bucket;

(r)

Certification that the proposed antenna(s) will not cause interference with other telecommunication devices;

(s)

Copy of the FCC license applicable for the intended use of the small cell wireless facility;

(t)

If the application proposes to install the small cell wireless facility on a utility pole or structure, certification shall be provided that said pole or structure and foundation is designed and will be constructed to meet all local, Town, state and federal structure requirements for loads, including wind and ice;

(u)

Certification that the small cell wireless facility will be effectively grounded and bonded so as to protect persons and property and that appropriate surge protectors will be installed;

(v)

Submission of an environment assessment form;

(w)

Payment of application fees and access fees as set by the Town Board, and consulting fees as required by the Zoning Board.

Design standards for small cell wireless facility. A proposed small cell wireless facility shall conform to the following design standards:

If the applicant is able to meet the range of the small cell wireless facility by the addition of a macro-antennae to an existing cell tower, then the applicant shall establish that the addition of a macro-antennae is not commercially practicable before a special use permit approval for a small cell wireless facility may be granted.

General standards.

Ground-mounted equipment enclosures should be located in the right-of-way, including equipment installed underground. The applicant shall submit a concealment element plan.

Generators located in the rights-of-way are prohibited.

No equipment shall be operated so as to produce noise that is considered a nuisance.

A small cell wireless facility is not permitted on traffic signal poles unless denial of the siting could prohibit or effectively prohibit the applicant's ability to provide telecommunications service in violation of 47 USC §§ 253 and 332.

Replacement pole and new pole locations shall comply with the Americans with Disabilities Act and any law pertaining to construction of sidewalks and sidewalk clearance in order to provide a clear and safe passage within the right-of-way. The location of any replacement or new pole shall be physically possible, comply with applicable traffic warrants, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health or safety.

Replacement poles shall be located as near as possible to the existing pole with the requirement to remove the abandoned pole.

No signage, message or identification other than the manufacturer's identification or identification required by governing law is allowed on any antenna, equipment enclosure, or related equipment. Any permitted signage shall be located where required and be of the minimum amount possible to achieve the intended purpose (no larger than four inches by six inches), provided that, signs are permitted as concealment element techniques where appropriate.

[8]

Antennas and related equipment shall not be illuminated except for security reasons or required by law.

[9]

Antennas, ancillary equipment, and cable shall not dominate the structure or pole upon which they are attached.

[10]

Except for locations in the right-of-way, a small cell wireless facility is not permitted on any property containing a residential use in any zoning district.

[11]

The Town may consider the cumulative visual effects of Small Cell Wireless Facilities mounted on poles within the right-of-way when assessing proposed siting locations so as to not adversely affect the visual character of the Town. The Zoning Board may require a visual assessment, use of photo-simulations, or other visual analysis tools to aid in its consideration. This provision shall not be applied to limit the number of permits issued when no alternative sites are reasonably available or to impose a technological requirement on the applicant.

[12]

In the event that installation of a proposed small cell wireless facility requires disturbance to surrounding land, the applicant shall be responsible for restoring the site to its original condition.

[13]

These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape.

Locations of small cell wireless facilities.

A small cell wireless facility shall be prohibited on a residential building.

A small cell wireless facility shall be located in accordance with the following priorities:

Existing Town-owned structures or facilities.

On, in, or adjacent to existing electrical power line transmission towers or power poles in the municipal right-of-way. If public utilities are currently located along rear property lines, then a small cell wireless facility shall be located within the same rear right-of-way as those utilities as opposed to the front yard right-of-way.

On or adjacent to existing structures or facilities within the Town, such as existing water towers, church steeples, silos etc.

On or in a proposed new structure if the requirements below have been met by the applicant.

If the proposed site is not proposed for the highest priority listed above, then a detailed explanation shall be provided as to why a site of a higher priority was not selected. The applicant shall satisfactorily demonstrate the reason(s) why such approval should be granted for the proposed site, and the hardship that would be incurred by the applicant, if the permit was not granted for the proposed site.

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Zoning Board may, if otherwise permitted by law, disapprove an application for any of the following reasons:

Conflicts with safety and safety-related codes and requirements;

Interferes with line of sight for pedestrian and vehicular traffic;

Conflicts with the historic nature or character of a neighborhood or historical district;

[d]

The placement and location of a facility would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers;

[e]

Conflicts with the provisions of this section;

[f]

Conflicts with the nature and character of the neighborhood.

Small cell wireless facility attached to light poles and non-wooden poles. A small cell wireless facility attached to existing or replacement nonwooden light poles and other nonwooden poles in the right-of-way or nonwooden poles outside of the right-of-way shall conform to the following design criteria:

Antennas and the associated equipment enclosures (including disconnect switches and other appurtenant devices) shall be fully concealed within the pole, unless such concealment is technically infeasible, or is incompatible with the pole design, in which case the antennas and associated equipment enclosures shall be camouflaged to appear as an integral part of the pole or flush mounted to the pole, meaning no more than six inches off of the pole, and shall be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of a small cell wireless facility. If the equipment cannot be concealed within the pole and requires an enclosure, the enclosure should be detached and located behind the pole or underground, provided that such location does not interfere with roads and sidewalks, underground infrastructure, or traffic line of sight or is otherwise determined by the Zoning Board to negatively affect the aesthetics of the premises or adjacent properties.

The furthest point of any antenna may not extend more than 12 inches from the face of the pole.

All conduit, cables, wires and fiber shall be routed internally in the pole. Full concealment of all conduit, cables, wires and fiber is required within mounting brackets, shrouds, canisters or sleeves if attaching to exterior antennas or equipment.

An antenna on top of an existing pole may not extend more than six feet above the height of the existing pole and the diameter may not exceed 16 inches, measured at the top of the pole, unless the applicant can demonstrate that more space is needed. The antennas shall be integrated into the pole design so that it appears as a continuation of the original pole, including colored or painted to match the pole, and shall be shrouded or screened to blend with the pole, except for canister antennas which shall not require screening. All cabling and mounting hardware/brackets from the bottom of the antenna to the top of the pole shall be fully concealed and integrated with the pole.

Any replacement pole shall substantially conform to the design of the pole it is replacing or the neighboring pole design standards utilized within the contiguous right-of-way.

Additional height of any replacement pole shall be the minimum additional height necessary but shall not exceed 10 feet above the pole it replaces, provided that the height of the replacement pole cannot be extended further by additional antenna height.

The diameter of a replacement pole shall comply with all standards required by the authority having jurisdiction for sidewalk clearance requirements and shall, to the extent technically feasible, not be more than a 25% increase of the existing nonwooden pole measured at the base of the pole, unless additional diameter is needed in order to conceal equipment within the base of the pole, and shall comply with the requirements in this section.

Small cell wireless facilities attached to wooden poles. A small cell wireless facility located on a wooden pole shall conform to the following design criteria:

The wooden pole at the proposed location may be replaced with a taller pole for the purpose of accommodating a small cell wireless facility, provided that the replacement pole shall not exceed a height that is a maximum of 10 feet taller than the existing pole, unless a further height increase is required and confirmed in writing by the pole owner and that such height extension is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wire line facilities.

A pole extender may be used instead of replacing an existing pole but the overall height of the extender and all equipment may not increase the height of the existing pole by more than 10 feet, unless a further height increase is required and confirmed in writing by the pole owner and that such height increase is the minimum extension possible to provide sufficient separation and/or clearance from electrical and wire line facilities. The pole extender shall be painted to approximately match the color of the pole and shall substantially match the diameter of the pole measured at the top of the pole.

Replacement wooden poles shall either match the approximate color and materials of the replaced pole or shall be the standard new wooden pole used by the primary pole owner in the Town.

All ancillary equipment, boxes, and conduit, shall be colored or painted to match the approximate color of the surface of the wooden pole on which they are attached and appear as an integral part of the pole or flush mounted to the pole, and shall be the minimum size necessary for the intended purpose, not to exceed the volumetric dimensions of a small cell wireless facility. All ancillary equipment and boxes that cannot be mounted to the pole and require an enclosure shall be located in an enclosure that is detached and located behind the pole or underground, provided that such location does not interfere with roads and sidewalks, underground infrastructure, or traffic line of sight or is otherwise determined by the Zoning Board to negatively affect the aesthetics of the premises or adjacent properties.

All small cell wireless facility antennas on wooden poles should be of a top-mount canister or omnidirectional type when feasible to appear as an integral part of the pole. The antenna shall not exceed 16 inches wide, measured at the top of the pole, and shall be colored or painted to match the pole. The canister antenna shall be placed to look as if it is an extension of the pole.

Antennas should be placed in an effort to minimize visual clutter and obtrusiveness. Multiple antennas are not permitted on a single wooden pole and shall not be more than three cubic feet in volume and shall not exceed the height limitation.

All cables shall be concealed either within the canister antenna or within a sleeve between the antenna and the wooden pole.

The furthest point of any ancillary equipment, brackets, boxes, and conduit may not extend more than six inches beyond the face of the pole. All equipment that would exceed the allowed distance should be detached and installed next to the pole or located underground within the vicinity of the pole.

An omnidirectional antenna may be mounted on the top of an existing wooden pole, provided such antenna is no more than four feet in height and is mounted directly on the top of a pole or attached to an extender made to look like the exterior of the pole at the top of the pole. All cables shall be concealed within the sleeve between the bottom of the antenna and the mounting bracket.

All related equipment, including but not limited to ancillary equipment, radios, cables, associated shrouding, microwaves, and conduit which are mounted on wooden poles shall not be mounted more than six inches from the surface of the pole, unless a further distance is technically required, and is confirmed in writing by the pole owner.

The equipment shall be placed in the smallest enclosure possible for the intended purpose. The equipment enclosure and all other wireless equipment associated with the utility pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole may not exceed 28 cubic feet. Multiple equipment enclosures may be acceptable if designed to more closely integrate with the pole design and does not cumulatively exceed 28 cubic feet. The applicant is encouraged to place any attached equipment associated with the antenna on the back side of the pole, provided that such location does not interfere with the operation of existing banners or signs.

An applicant who desires to enclose both its antennas and equipment within one unified enclosure may do so, provided that such enclosure is the minimum size necessary for its intended purpose and the enclosure and all other wireless equipment associated with the pole, including wireless equipment associated with the antenna and any preexisting associated equipment on the pole does not exceed 28 cubic feet. The unified enclosure shall be placed so as to appear as an integrated part of the pole.

The visual effect of the small cell wireless facility on all other aspects of the appearance of the wooden pole shall be minimized to the greatest extent possible.

The use of the wooden pole for the siting of a small cell wireless facility shall be considered secondary to the primary function of the pole. If the primary function of a pole serving as the host site for a small cell wireless facility becomes unnecessary, the pole shall not be retained for the sole purpose of accommodating the small cell wireless facility and small cell wireless facility and all associated equipment shall be removed.

The diameter of a replacement pole shall comply with the authority which has jurisdiction over sidewalk clearance requirements and shall not be more than a 25% increase of the existing utility pole measured at the base of the pole.

All cables and wires shall be routed through conduit along the outside of the pole. The outside conduit shall be colored or painted to match the pole. The number of conduit shall be minimized to the number technically necessary to accommodate the small cell wireless facility.

Small cell wireless facilities mounted on cables strung between existing utility poles shall be prohibited.

New poles in the right-of-way for small cell wireless facilities.

New poles within the right-of-way are only permitted if the applicant can establish that:

The small cell wireless facility cannot be located on an existing utility or light pole, electrical transmission tower, or on a site outside of the public right-of-way such as a public park, public property, transmission tower, or water tower;

The small cell wireless facility receives approval for a concealment element design; and

No new poles shall be located in a protected watercourse area or setback from the angle of repose.

The concealment element design shall include the design of the screening, fencing or other concealment technology for a tower, pole, or equipment structure, and all related transmission equipment or facilities associated with the proposed small cell wireless facility, including but not limited to fiber and power connections.

The concealment element design should seek to minimize the visual obtrusiveness of the small cell wireless facility. The proposed pole or structure should have similar designs to existing neighboring poles in the right-of-way, including similar height to the extent technically feasible.

If the proposed small cell wireless facility is placed on a replacement pole in a residential district, then the replacement pole shall be of the same general design as the pole it is replacing, unless the Zoning Board or designee otherwise approves a variation due to aesthetic or safety concerns. Any concealment element design for a small cell wireless facility on a decorative pole should attempt to mimic the design of such pole and integrate the small cell wireless facility into the design of the decorative pole. Other concealment methods include, but are not limited to, utilization of coverings or concealment devices of similar material, color, and texture (or the appearance thereof) as the surface against which the installation will be seen or on which it will be installed, landscape design, or other camouflage strategies appropriate for the type of installation. Applicants are required to utilize designs in which all conduit and wire lines are installed internally in the structure. Designs should, to the extent technically possible, comply with the generally applicable design standards adopted pursuant to this section.

If the Zoning Board has already approved a concealment element design either for the applicant or another small cell wireless facility along the same public right-of-way or for the same pole type, then the applicant shall utilize a substantially similar concealment element design, unless it can show that such concealment element design is not physically or technologically feasible, or that such deployment would undermine the generally applicable design standards.

These design standards are intended to be used solely for the purpose of concealment and siting. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted that provide similar or greater protections of the streetscape.

Height and setback requirements. A small cell wireless facility proposed in a municipal right-of-way shall adhere to the height requirement set forth in this section and are excepted from the height and setback requirements set forth in this chapter. In the instance that the small cell wireless facility is proposed on an existing building or structure the small cell wireless facility cannot increase the height of the existing building by more than five feet.

Modification permit. A modification permit is required prior to replacing transmission equipment at a permitted small cell wireless facility that increases the overall volume or height of the facility or adding new transmission equipment to a permitted facility. Modifications of original small cell wireless facility shall require special use permit approval in accordance with the procedure set forth above.

Application. The Building Inspector shall specify, in writing, the application submittal requirements to the applicant.

Application fees. All applications for modifications of permits shall be accompanied by an application fee and a map in an amount to be determined by the Town Board.

Timeframe.

By Building Inspector. If the Building Inspector determines that an application is incomplete, the Building Inspector shall notify the applicant in writing within 10 days of receipt of the application with a statement listing the additional information needed to make the application complete and the basis for requiring the submission of such information. The Building Inspector may issue additional notices that an application is incomplete if any supplemental submittal does not contain all of the information requested by the Building Inspector in the original notice of incompleteness. The Building Inspector shall issue any such additional notices within 10 business days of receipt of the supplemental submittal. If the applicant does not supply a complete response within 120 days of the Building Inspector's initial request, the Building Inspector may deem the application expired in which case a new application may be resubmitted with new application fees.

By Zoning Board of Appeals.

A determination to approve, deny, or modify an application for special use permit approval for a small cell wireless facility to be sited on an existing structure shall be made by the Zoning Board within 60 days from the date the complete application is submitted to the Building Inspector.

A determination to approve, deny, or modify an application for special use permit approval for a small cell wireless facility requiring placement on a new structure shall be made by the Zoning Board within 90 days from the date the complete application is submitted to the Building Inspector.

Liability insurance.

A holder of a special use permit for small cell wireless facility shall secure and maintain public liability insurance for personal injuries, death, and property damage, and umbrella insurance coverage for the duration of the special use permit in amounts as set forth below:

Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate;

Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate;

Workers compensation and disability: Statutory amounts.

The commercial general liability insurance policy shall specifically include the Town and its officers, boards, employees, committee members, attorneys, agents and consultants as additional named insureds.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Building Inspector with at least 30 days prior written notice in advance of the cancellation of the insurance.

Renewal or replacement policies or certificates shall be delivered to the Building Inspector at least 15 days before the expiration of the insurance that such policies are to renew or replace.

Before construction of a permitted small cell wireless facility is initiated, but in no case later than 15 days after the grant of the special use permit hereunder, the holder of the special use permit approval shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.

Indemnification.

Any application for a small cell wireless facility that is proposed on Town-owned property shall contain a provision requiring the applicant, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town, and its officers, boards, employees, committee members, attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of the facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town, or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Town.

Notwithstanding the requirements noted in Subsection X(15)(a) of this section, an indemnification provision will not be required where the Town itself applies for and secures a special use permit for small cell wireless facility.

Towing service. A towing service shall comply with the following additional requirements:

[Added 9-5-2017 by Ord. No. 10-2017]

In the A, RA3, and RA5 Districts, a towing service shall be located on a state or county highway.

A towing service shall require a minimum lot area of 40,000 square feet and a minimum frontage of 150 feet, except for corner lots, where a minimum frontage of 100 feet on each street or highway shall be required.

No towed vehicle shall remain on the property for more than 30 days.

Only the repairs of towed vehicles are allowed and shall take place within an enclosed building with a maximum height of 25 feet.

No outside storage of vehicles or vehicle parts is allowed unless fully screened from view

No sale or leasing of vehicles is allowed.

The area used for a towing service shall not encroach on a required setback.