In addition to the use regulations set forth in Article III, the following specific regulations and standards for uses listed herein shall be the minimum requirements for the protection of the public health, welfare and safety.
[1]
Editor’s Note: Former § 300-18, Senior citizen
housing, was repealed 9-7-2016 by L.L. No. 2-2016.
[1]
Editor’s Note: Former § 300-18.1, Totally affordable
senior citizen housing, was repealed 9-7-2016 by L.L. No. 2-2016.
[1]
Editor’s Note: Former § 300-18.2, Conversion of
senior housing to market-rate multifamily housing, was repealed 9-7-2016
by L.L. No. 2-2016.
Recreational uses listed below, whether in private or public
ownership and other than accessory to single-family residential use,
shall be subject to the following regulations.
A.Â
Outdoor swimming pools shall be classified and located as follows:
Type of Pool
(class)
|
Maximum Area
(square feet)
|
Minimum Setback From Any Property Line
(feet)
| |
---|---|---|---|
A
|
Over 3,500
|
175
| |
B
|
2,501 to 3,500
|
150
| |
C
|
1,501 to 2,500
|
125
| |
D
|
1,500 to 800
|
100
| |
E
|
800 or less
|
Refer to § 300-19F
|
B.Â
All outdoor recreational facilities shall comply with the following
minimum setback requirements:
[Amended 2-7-2018 by L.L.
No. 1-2018]
Type of Facility
|
Minimum Setback From Any Property Line
(feet)
| |
---|---|---|
Handball courts
|
100
| |
Basketball courts
|
60
| |
Baseball diamond (not outfield)
|
100
| |
Volleyball courts
|
60
| |
Concession stands
|
100
| |
Concentrated picnic areas (tables, barbecue pits, etc.)
|
100
| |
Outfield relative to baseball or softball
|
50
| |
Paintball
|
500
| |
Parking areas
|
25
| |
Picnic grounds (not improved)
|
50
| |
Games normally involving fewer than 10 people, such as horseshoe
pits, nature trails, etc.
|
50
| |
Golf course fairways
|
50
| |
Soccer or football fields
|
50
| |
Tennis courts
|
40
|
C.Â
Lighting. If outdoor lighting is provided for any of the foregoing
recreational facilities, including swimming pools, which permits the
use of the facilities after 10:00 p.m., the applicable setback requirements
for such facility shall be doubled. All lighting shall be located
so as not to be visible at the source from any adjoining property.
Floodlights on poles not less than 75 feet from any property line
directed toward the center of property and shielded from any nearby
residential areas shall be deemed to comply with the latter regulations.
D.Â
Noise. Public address systems or any other amplified noises are subject to Planning Board approval and in no case shall cause a nuisance or exceed the levels specified under § 300-71. Public address systems or any other amplified noises are subject to separate permit of the Town Board.
E.Â
Buildings. All structures shall be of a permanent nature.
F.Â
Private swimming pools. Private swimming pools in residential zones
are permitted subject to the following:
(1)Â
Such pool shall not be located in any required front yard, and in
no case closer than 10 feet to any property line.
(2)Â
The entire portion of the premises upon which an in-ground pool is
located shall be entirely enclosed with an opaque, chain-link wire
or other sturdy fence not less than four feet in height.
(3)Â
Every gate or other opening in the fence enclosing such pool shall
be kept securely closed and locked at all times when said pool is
not in use. Access shall be self-closing and self-latching to prevent
accidental or unauthorized entry.
(4)Â
Such pool shall not occupy more than 35% of the balance of the rear
yard area, after deducting the area of all private garages and other
accessory buildings or structures.
(5)Â
If the water for such pool is supplied from the public water supply
system, the inlet shall be above the overflow level of said pool.
(6)Â
Such pool shall be constructed, operated and maintained in compliance
with the applicable provisions of the New York State Sanitary Code
relating to public swimming pools.
(7)Â
No loudspeaker or amplifying device shall be permitted which can
be heard beyond the bounds of the property or lot where said pool
is located.
(8)Â
No swimming pool shall be filled or used until the foregoing requirements
shall have been certified as met by the Code Enforcement Officer.
[Added 9-1-2021 by L.L. No. 5-2021[1]]
A.Â
By special use permit authorization, commercial production studios,
as defined below, shall be permitted in Neighborhood Commercial, Limited
Commercial, Highway Commercial, and AP Zoning Districts, subject to
those guidelines set forth below and/or in any applicable Table of
Use/Bulk Regulations.
B.Â
COMMERCIAL PRODUCTION STUDIOS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any building, structure or facility to be used for planning,
staging or production of a commercial motion picture, television show
or program, documentary, advertisement or similar type marketing video
or recording, social media production, or any other video or recording
produced for commercial gain or distribution.
C.Â
Application of special use permit regulations. In addition to all
regulations set forth in the applicable Table of Use/Bulk Regulations
and special use permit regulations, the following regulations for
commercial production studios must be adhered to:
(1)Â
Noise. The maximum noise level at the property line applicable to the use involved shall not exceed the maximum established under § 300-71 of the Town Code. The Building Inspector, in his/her sole discretion, shall further have the authority to reevaluate the issue of noise after issuance of a special use permit containing what are believed to be adequate noise restrictions, paying particular attention to any noise complaints received from nearby property owners, and impose additional restrictions, such as soundproofing or prohibiting certain outdoor activities, if deemed necessary.
(2)Â
Lighting. In addition to the restrictions on lighting set forth in § 300-71 of the Town Code, no outdoor lighting shall be utilized by any permittee, or representative, agent, employee or tenant of same, which has received a special use permit for commercial production studios on a property that adjoins a residential property, after 9:00 p.m. Further and in addition to the restrictions on lighting set forth in § 300-71 of the Town Code, no outdoor lighting shall exceed 15 feet in height.
(3)Â
Discharge of water. No polluting or objectionable waste shall be
discharged into any stream or other natural drainage channel or upon
the land or drainage and/or sewer collection system that will in any
way interfere with the quality, operation or continuation of these
natural systems or contribute to their despoliation.
(4)Â
Traffic access. All proposed traffic accessways shall be adequate,
but not excessive in number; adequate in width, grade, alignment and
visibility; sufficiently separated from street intersections and other
places of public assembly; and shall meet any other similar safety
considerations, as deemed necessary
(5)Â
Traffic flow. If deemed necessary and practicable, any facilities
on lots granted a special use permit for this particular use shall
provide one-way vehicle traffic flow. Pedestrian circulation areas
should, where practicable, avoid crossing traffic circulation ways.
Drop-off areas shall be encouraged for temporary vehicular standing
near any building entry, but, if such areas are provided, they shall
be situated so as to avoid creating conflicts with entering and exiting
traffic and with internal vehicular and pedestrian circulation.
(6)Â
Parking. Adequate off-street parking and loading spaces shall be
provided in accordance with any directive issued by the Planning Board.
Shared parking is encouraged where the peak parking demands of different
uses occur at various times of the day.
(7)Â
No camper trailers, travel trailers, recreational vehicle trailers,
or accommodations of any kind shall be offered or permitted for transient
or overnight stays of any kind, on any property granted a special
use permit for this particular use.
(8)Â
Landscaping and screening. All parking and service areas shall be
reasonably screened, during all seasons of the year, from the view
of adjacent residential lots and streets, and the general landscaping
of the site should be in character with that generally prevailing
in the neighborhood. All existing trees, on property to be granted
a special use permit for this particular use, that are 12 inches or
more in diameter at breast height (dbh), must be preserved to the
maximum extent practical.
(9)Â
Any outdoor or recreational activities, activity areas, facilities,
tents, canopies, or any other temporary structures set up on location
at the site of the property granted a special use permit for commercial
production studios must be set back at least 100 feet from any property
line, said distance subject to further review by the Board issuing
such special use permit, who may increase or decrease such setback
as it deems fit, with the goal remaining to protect the health, safety,
welfare and/or quiet enjoyment of neighboring property owners at all
times.
(10)Â
Character and appearance. The character and appearance, buildings,
structures, outdoor signs, and lighting of any property granted a
special use permit for this particular proposed use shall be in general
harmony with the character and appearance of the surrounding neighborhood,
and shall not adversely affect the general welfare of Town residents.
(11)Â
Historic and natural resources. The use of any property granted
a special use permit for this particular use shall be designed and
carried out in a manner that minimizes any impact to and protects
any historic and natural environmental features of the property granted
the special use permit for this particular use, as well as any historic
and natural environmental features of property adjacent thereto.
(12)Â
Sewage treatment and water supply. The adequacy of available
sewage disposal and water supply services supporting any activities
or uses on the property granted this special use permit shall be sufficient
to meet the needs of same. This consideration should be given to both,
but not be limited to, the suitability of water supply and sanitary
sewage facilities to accommodate the intended use, and the adequacy
of measures to protect surface water and groundwater from pollution.
(13)Â
Size and scale. The location and size of the facilities on each
lot subject to the special use permit granted for the particular commercial
production studio at issue; the nature and intensity of operations
involved or conducted in connection therewith; the site layout and
its relation to any existing and known future access streets should
be such that both pedestrian and vehicular traffic to and from the
site(s), and the assembly of persons in connection therewith, will
not be, in the sole discretion of the approving Board, hazardous,
inconvenient to, incongruous with, or in conflict with the normal
traffic of the neighborhood.
[1]
Editor’s Note: Former § 300-20, Workforce housing,
was repealed 9-7-2016 by L.L. No. 2-2016.
A.Â
Purpose and intent of district.
(1)Â
To promote the health, safety and welfare of the community by protecting
and preserving the surface and groundwater resources of the Town from
any use of land or buildings which may reduce the quality of its water
resources.
(2)Â
The intent of the Watershed Protection Overlay (WPO) District is
to limit the amount of impervious surface permitted within the district
in order to control nonpoint source discharge and pollution. Cluster
development within the WPO may be required at the discretion of the
Planning Board.
B.Â
Scope of authority. The Watershed Protection Overlay District is
considered as overlaying other zoning districts. Uses not permitted
in the portions of the districts so overlaid shall also be prohibited
in this district.
C.Â
Establishment and definition of district.
(1)Â
The Watershed Protection Overlay District includes all lands delineated
by the boundaries of the drainage areas of the Silver Stream Reservoir
and Lake Washington and within 100 feet of watercourses and surface
water bodies which contribute to a public water supply, and which
create the catchment or drainage areas of such watercourses and bodies,
as part of their natural drainage system. The map defining the Watershed
Protection Overlay District boundaries, entitled "Public Water Supply
Watershed Boundary Maps, Town of New Windsor" drawn at a scale of
one inch to 500 feet, are hereby adopted by the Town Board and are
incorporated herein by reference.[1]
[1]
Editor's Note: The maps are on file in the Town offices.
(2)Â
Where the bounds delineated are in doubt or in dispute, the burden
of proof shall be upon the owner of the land in question to show where
they should properly be located. If the property owner can prove,
to the satisfaction of the Planning Board and the Town Engineer, that
his property does not drain into waters supplying the watershed, then
this district shall not apply. At the request of the owner, the Town
may engage a geologist, hydrologist or other qualified professional
to determine more accurately the location and extent of a watershed
or recharge area, and may charge the owner for the cost of the investigation.
D.Â
Prohibited uses. The following land uses, activities, devices, structures,
and/or substances are prohibited within the Watershed Protection Overlay
District:
(1)Â
Dry-cleaning establishments.
(2)Â
Junk and salvage yards, including recycling centers.
(3)Â
Car washes, except when located on public water and sewer and where
water is recycled.
(4)Â
Boat and motor vehicle service, storage and repair establishments.
(5)Â
Any industrial use that discharges processed wastewater into anything
other than the public sewer.
(6)Â
Commercial removal or relocation of earth materials, including but
not limited to sand, gravel, topsoil, metallic ores, or bedrock, excluding
such earthwork activities undertaken in accordance with a site plan
approved by the Planning Board.
(7)Â
Any animal feedlots or pastures less than five acres in size lying
within 100 feet of the center line of all brooks, streams and rivers
or within 100 feet of the normal high-water line of lakes, ponds,
marshes, swamps and bogs.
(8)Â
The storage of salt and road de-icing chemicals.
(9)Â
The outdoor storage of fertilizers, herbicides, and pesticides and
outdoor uncovered storage of manure.
(10)Â
Burial in any cemetery or other place within 100 feet of the
high-water mark of a course of public water supply or tributary thereto.
(11)Â
The disposal of solid wastes other than brush or stumps.
(12)Â
The disposal of leachable wastes.
(13)Â
The dumping of snow contaminated by de-icing chemicals.
(14)Â
The storage or disposal of hazardous materials, except for the
storage of chemicals for use associated with the operation of public
water supply facilities.
(15)Â
The storage and/or sale of petroleum and other hydrocarbons
other than that normally associated with residential use, except for
the storage of fuel for use associated with the operation of public
water supply facilities. Heating oil shall be stored within the buildings
which it will heat. Underground storage of any petroleum product is
expressly prohibited.
(16)Â
Any discharge of water which has been used for washing, cooking
or otherwise altered and devices for the collection, storage and disposal
of said wastes, unless that water is of household origin and is processed,
prior to discharge, through a treatment system that satisfies the
minimum requirements of the New York State Department of Health.
(17)Â
Sanitary systems, including privy, dry well, or other place
for the collection, storage or disposal of human excrement that does
not satisfy the minimum requirements of the New York State Department
of Health, including any amendments imposed by the Orange County Department
of Health.
(18)Â
Storage or disposal of any human excrement or compost containing
human excrement, or any municipal, commercial or industrial refuse
or waste product or polluting liquid or any substance which in the
opinion of the New York State DEC is of a nature that is poisonous
or injurious either to human beings or animals, or other putrescible
organic matter whatsoever, at any place from which such liquid or
substance may flow or be washed or carried into said source of water
supply or tributary thereto.
(19)Â
Manufacturing or processing plant producing wastes which are
toxic or injurious either to human beings or animals, unless the location
thereof has been expressly approved by the Town Board by special use
permit.
E.Â
Special permit uses. The Planning Board, under the authority of § 300-87 of this chapter, may allow those businesses permitted in the underlying district and not specifically prohibited in § 300-3 of this chapter within the Watershed Protection Overlay District, upon issuance of a special permit in accordance with § 300-87 hereof and subject to any additional conditions the Board may impose. Any proposed improvement at a minimum shall meet the following criteria:
(1)Â
Is consistent with the purpose and intent of this chapter.
(2)Â
Is appropriate to the natural topography, soils, and other characteristics
of the site to be developed.
(3)Â
Will not have a significant adverse effect, during construction or
thereafter, on the existing or potential quality or quantity of water
that is available in the Water Supply Protection District; and
(4)Â
Is designed to avoid substantial disturbance of the soils, topography,
drainage, vegetation and other water-related natural characteristics
of the site to be developed.
F.Â
Application of fertilizers, pesticides and herbicides. For any use
involving the application of fertilizers, pesticides, or herbicides,
the applicant must prepare a report identifying and stating that all
necessary precautions shall be taken to prevent hazardous concentrations
of pesticides in the water and on the land within the district as
a result of such application and submit it to the Planning Board.
Such precautions include, but are not limited to, erosion-control
techniques, the control of runoff water (or the use of pesticides
having low solubility in water), the prevention of volatilization
and redeposition of pesticides and the lateral displacement (i.e.,
wind drift) of pesticides. The application of fertilizers for nondomestic
or nonagricultural uses will be approved only if the applicant can
prove that such application shall be made in such manner as to minimize
adverse impacts on surface and groundwater due to nutrient transport
and deposition and sedimentation.
G.Â
Existing development. Existing development may be continued and maintained
subject to the provisions provided herein. The expansion of structures
or modification of plans must meet the requirements of this chapter.
(1)Â
A use shall be considered existing if vested under the Town of New
Windsor Zoning Code as of the effective date of this chapter, based
on at least one of the following criteria:
(2)Â
Uses of land. This category consists of land uses existing at the
time of adoption of this chapter. Such uses may be continued except
as follows:
(3)Â
Reconstruction. Any existing building or built-upon area not in conformance
with the restrictions of this chapter that has been damaged or removed
may be repaired and/or reconstructed, provided:
(a)Â
Repair or reconstruction is initiated within two years of such
damage.
(b)Â
The total amount of space devoted to impervious area may not
be increased unless stormwater control that equals or exceeds the
previous development is provided.
(c)Â
Nonresidential reconstruction requires site plan approval from
the Planning Board to ensure the maximum compliance practicable with
this section.
H.Â
Buffer area requirements. The following buffer requirements for all
new development activities in the Watershed Protection Overlay District
shall apply:
(1)Â
A minimum one-hundred-foot undisturbed buffer is required along the
shoreline of the Silver Stream Reservoir and Washington Lake; otherwise,
a minimum fifty-foot undisturbed buffer is required. Buffers are measured
horizontally from the high-water mark of impounded water bodies and/or
from the top of bank of streams.
(2)Â
No trees larger than three inches in caliper DBH are to be removed
from the required buffer except for diseased trees. The Town of New
Windsor may require enhancement of the existing vegetation through
the use of supplemental plantings in the buffer area, if necessary,
to ensure that the buffer area can properly and effectively perform
its filtering and absorption functions.
(3)Â
No permanent structures, impervious covers, septic tanks or any other
disturbance of existing vegetation is permitted in the buffer except
for:
(a)Â
Structures such as flagpoles, signs, and security lights which
would result in only diminutive increases in impervious area.
(b)Â
Artificial stream bank or shoreline stabilization plans shall
be submitted to and approved by the New Windsor Town Engineer.
(c)Â
Public projects such as road crossings and greenways where no
practical alternative exists.
Sandpits, gravel pits, removal of topsoil, mining and landfill
operations require site plan approval and special use permit from
the Planning Board. Special conditions for such activities shall be
as set by the Planning Board, in addition to the following:
A.Â
The proposed operation shall not adversely affect soil fertility,
drainage and lateral support of abutting land or other properties,
nor shall it contribute to soil erosion by water or wind.
B.Â
There shall be no operation between 7:00 p.m. and 7:00 a.m. Monday
through Friday, and 6:00 p.m. and 8:00 a.m. on Saturdays, nor on Sundays
or legal holidays.
D.Â
Where any open excavation will have a depth of 10 feet or more and
create a slope of more than 30°, there shall be a substantial
fence, at least four feet high with suitable gates, where necessary,
effectively blocking access to the area in which the excavation is
located. Such fence shall be located 50 feet or more from the edge
of the excavation. All operations shall be screened from nearby residential
uses.
E.Â
The slope of material in any excavation shall not exceed the normal
angle of repose or 45°, whichever is less.
F.Â
Those portions of access roads within the area of the permit and
located within 500 feet of a lot line or an excavation operation shall
be provided with a dustless surface.
G.Â
The top of the natural slope in cut for any excavation, and any mechanical
equipment, shall not be less than 50 feet from any lot line.
H.Â
Before approval is granted, a plan for rehabilitation, showing the
current field topography, including the location of watercourses,
and a proposed restoration grading plat, indicating the general grades
and slopes to which the disturbed area will be graded, shall be submitted
and approved. Such approval shall be based upon a finding that all
banks shall be left with a slope no greater than 45° and that,
upon completion of operations, the land shall be left in a safe condition
with all grading and drainage such that natural stormwater leaves
the property at the original, natural drainage points and that the
area drainage to any one such point is not increased and that the
site shall be left in a condition suitable for a use permitted in
the district. Where topsoil is removed, sufficient arable soil shall
be set aside for respreading over all disturbed areas with a minimum
depth of four inches. All disturbed areas shall be seeded with a permanent
ground cover. Fill shall be of a suitable material approved by the
Planning Board.
The harboring, boarding or training of animals, whether enclosed
in a structure or on open land and whether or not accessory to other
principal uses of the land, shall be conducted in accordance with
the following general standards:
A.Â
In issuing the special permit for animal kennels, the permit shall
stipulate the maximum number and type of animals to be boarded, harbored
or trained. That number shall not exceed 10,000 square feet per 100
pounds of animal body weight characteristic of the species so harbored.
The square footage of the lot area is that area of the lot not including
any required yards.
B.Â
All facilities shall be maintained in enclosed structures which shall
be of soundproof construction and so maintained as to produce no dust
or odors at the property line. Exercise pens and runways shall not
be maintained within 200 feet of any lot line, nor within 300 feet
of the front yard line when such line abuts a residential use or district.
C.Â
In considering the application for a special permit for animal kennel
use, the Planning Board may consider the number, size, breed and temperament
of animals to be sheltered and impose reasonable conditions to protect
proximate uses, aesthetic impact and safety of the animals sheltered
in order to ensure the health, safety and general welfare of the community.
[Amended 9-7-2016 by L.L.
No. 2-2016]
The following standards shall apply to multiple-residence developments,
including condominiums, cooperatives and townhouses:
A.Â
All multiple-residence developments shall be serviced by approved
central sewage disposal facilities and a central water supply.
B.Â
All access roads and internal roadways shall be constructed to meet and comply with the construction standards and details as outlined in Chapter 252 of the Town Code. The equivalent classification on the project roadway required shall be determined by the Planning Board following a recommendation from the Engineer for the Planning Board. In addition to determining the minimum construction standards for said projects, the Planning Board shall also determine the minimum construction standards for parking areas associated with the project. Entrances and exits shall comply with all applicable standards related to the public roadway being accessed.
C.Â
No building shall be located within 100 feet of any pond, reservoir,
lake or watercourse which is part of a water supply system.
D.Â
Multiple-residence uses shall be buffered from surrounding conventional
residence areas by landscaping and fencing areas occupying the required
yards.
E.Â
Multiple-dwelling structure design features.
(1)Â
No multiple-residence building shall be longer than 160 feet, unless the Planning Board grants a waiver to the length based on the submittal of supporting information, which demonstrates that the increased building length is appropriate for the specific conditions of the application site (in the Planning Board's sole opinion) and that the building is readily accessible to Fire Department and other emergency services. The waiver in no case shall exceed an increase in length by greater than 10% (maximum building length 176 feet). As part of the waiver, the Planning Board may require additional architectural features and offsets in addition to those referenced in Subsection E(2) and (3) hereinbelow.
(2)Â
No roofline of any structure will exceed 80 feet without a break
of at least 5% of the building width.
(3)Â
No face of any multiple residence shall consist of less than two
planes interrupted by a distance of at least 10% of the building width
for each four units contained therein.
(4)Â
No structure shall be closer to an adjacent building than the height
of the higher building wall. The distance between buildings shall
be such that the northernmost building shall receive sun at the lowest
window elevation of a dwelling unit for 46 weeks each year (sun angle
computation).
(5)Â
Provisions shall be made for the enclosed storage of garbage.
(6)Â
For each two-bedroom or larger unit provided, one child play space
(seat, apparatus or play space) shall be provided.
(7)Â
In addition to the standards for landscaping set forth in § 300-15, the grounds and vicinity of buildings shall be provided with decorative landscape materials.
(8)Â
Construction materials shall be of a color and texture characteristic
of or appropriate blend with the adjacent residential development.
(9)Â
Exterior lighting along walks and near buildings shall be provided
utilizing architectural-grade equipment and shall provide an average
of 1.0 footcandle and not be less than 0.5 footcandle (measured at
ground level), unless other intensities are deemed appropriate by
the Planning Board, measured at ground level.
(10)Â
Dwelling units shall be so designed and arranged in buildings
as to ensure a minimum of three hours of sunlight at one window of
each unit per day. No units with full northern exposure shall be permitted.
(11)Â
Walks shall be provided throughout the development area that
will ensure that drives shall not be required for pedestrian circulation.
F.Â
Underground installation of electric and other utility systems is
required in all multiple-residence developments, including new or
upgraded supply systems off site to provide feed/service to the project.
[Amended 9-7-2016 by L.L.
No. 2-2016]
The home occupation (subject to special permit of the Planning
Board) shall be permitted in accordance with the use tables, provided
that:
A.Â
Such occupation is incidental to the residential use of the premises
and is carried on by the resident thereof. There shall be a conclusive
presumption that such home occupation use is not incidental to the
residential use of the premises if client, patient, student or customer
contact or usage of such office or studio by the resident professional
exceeds eight hours per day.
B.Â
Such occupation may only be carried out in a single-family residence.
C.Â
Such occupation shall not change the character of the structure as
a residence.
D.Â
Such home occupation must be carried on personally by a resident
of the dwelling.
E.Â
The occupation shall not occupy more than 1/2 of the ground-floor
area of the dwelling or its equivalent elsewhere in the dwelling if
so used. The home occupation must be carried on within the dwelling,
including the basement. The home occupation may only be carried on
in the garage and any accessory structure if permitted by the Planning
Board.
F.Â
Studios where instruction is offered to a group in excess of four
people at one time, or where concerts, recitals or exhibitions are
held, are prohibited.
G.Â
The keeping or boarding of domestic animals is not considered a home occupation, and such use shall require approval of the Planning Board in accordance with § 300-23.
H.Â
The parking and storage of commercial vehicle requirements set forth
in the Code shall be complied with. No more than two customer motor
vehicles shall be parked on the premises or on the adjacent roadways
at any one time.
I.Â
No exterior storage of materials and no exterior display or sign,
other than a double-faced sign, 12 inches by 18 inches, shall be permitted;
and no other exterior indication of the home occupation shall be permitted.
J.Â
No machinery or equipment not customarily in a dwelling shall be
permitted, and no offensive odor, noise, vibration, smoke, dust, heat,
light or glare shall be produced.
K.Â
There shall be no partner or associate in the practice of such home
occupation, and it shall employ not more than one person and create
no public nuisance.
L.Â
The building and home occupancy shall conform to the New York State
Uniform Fire Prevention and Building Code requirements.
A.Â
By special permit of the Planning Board, gasoline stations and repair
garages are permitted, provided that no plot line of any station shall
be closer than 200 feet to a school, playground, church, hospital,
library or institution for the elderly or children. No gasoline station
shall be permitted within 1,000 feet of any other gasoline facility
fronting in the same street. Subject to Planning Board approval, a
gasoline station may include a convenience store which customarily
sells retail products and food, including deli, bakery and franchise
fast food, as an ancillary use.
B.Â
Ingress and egress.
(1)Â
Ingress and egress points for gasoline service facilities shall be
located a minimum of 70 feet from the intersection of right-of-way
lines on a Town road and shall comply with requirements with respect
to state, county or Town roads.
(2)Â
Entrance and exit driveways shall have a width of not less than 25
feet and not more than 40 feet, shall be located not nearer than 10
feet to any property line and shall be so laid out as to avoid the
necessity of any vehicle backing out across any public right-of-way.
(3)Â
Vehicle lifts or pits, dismantled or unlicensed automobiles and all
parts or supplies shall be located within a building enclosed on all
sides.
(4)Â
All service or repair of motor vehicles shall be conducted in a building
enclosed on all sides. This requirement shall not be construed to
mean that the doors to any repair shop must be kept closed at all
times, unless such condition is imposed by the Planning Board due
to proximity to other sensitive uses.
(5)Â
The storage of gasoline or flammable oils in bulk shall be located
fully underground and not nearer than five feet to any property line
other than the street line, provided that the vents are located in
accordance with NFPA requirements.
(6)Â
No gasoline pumps shall be located nearer than 20 feet to any street
line.
(7)Â
Sites shall be designed for proper movement of delivery vehicles.
A.Â
Purpose and intent. It is the purpose of this section to promote
the health, safety, morals and general welfare of the citizens, including
children, of the Town of New Windsor and to establish reasonable and
uniform regulations regarding the location and concentration of sexually
oriented businesses within the Town. It is not the intent of this
amendment to this chapter to restrict or deny access by adults to
sexually oriented materials protected by the First Amendment.
B.Â
ADULT ARCADE
ADULT BOOKSTORE
ADULT ENTERTAINMENT ESTABLISHMENT
MASSAGE PARLOR
Definitions of adult establishment or sexually oriented business.
The words and phrases set forth below shall have the meanings respectively
ascribed to them:
Any place in which the public is permitted or invited in
which coin-operated or slug-operated motion-picture machines or other
image-producing devices are maintained where images are displayed
which depict sexual activities or anatomical areas.
A commercial establishment having a substantial or significant
portion of its stock-in-trade, including but not limited to books,
magazines, videotapes, periodicals, devices, clothing, visual representations
or writings, depicting or related to sexually explicit anatomical
areas or to sexual activities.
A bar (whether or not alcoholic beverages are served), juice
bar, cabaret, eating or drinking place, theater or similar establishment
which regularly features persons who appear in a state of nudity or
seminudity or live performances which are characterized by the exposure
or stimulation of anatomical areas or by sexual activities.
A commercial establishment providing unlicensed massage services
to customers.
C.Â
Businesses prohibited in certain areas. It shall be unlawful to establish
or maintain any adult establishment or sexually oriented business,
as defined above, within 1,000 feet of the property line of another
such establishment, as defined, or a church, house of worship, school,
day-care center, nursery school, historical structure, airport, residential
zone or residential dwelling.
D.Â
Zones where permitted. No adult arcade, adult bookstore, adult entertainment
establishment or massage parlor shall be permitted within any zone
in the Town of New Windsor other than the Limited Commercial (LC)
Zone, and provided that any such establishment or business shall at
all times be subject to the distance limitations set forth in this
section.
E.Â
Screening and concealment. Any activity defined in this section shall
be screened or otherwise concealed from the public view of children
passing by. No sexually explicit materials or activities shall be
visible from the street.
F.Â
Special permit. No adult arcade, adult bookstore, adult entertainment establishment or massage parlor shall be established until the issuance of a special permit by the Planning Board pursuant to § 300-87 of this chapter. The application for a special permit shall be in writing to the Planning Board and shall include a description of the premises for which the permit is sought, a statement of the use which is proposed, a site plan showing all uses and zones within 1,000 feet of the site and such additional information as may be required by the Code or Planning Board. The Planning Board shall call a public hearing for the purpose of considering the special permit. The Planning Board may establish reasonable conditions in issuing the special permit and may require periodic renewals of the special permit. Existing businesses which are covered by the definitions in Subsection B of this section, which are existing as of the date of the adoption of this section, shall nonetheless be subject to reasonable restrictions under this section, provided that the Planning Board may modify the terms of the special permit in such instances.
A.Â
Purpose. The purpose of these supplemental regulations is to promote
the health, safety and general welfare of the residents of the Town
of New Windsor; to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of telecommunications towers in the community by
encouraging shared use of existing and future towers and the use of
existing tall buildings and other high structures; and to minimize
adverse visual effects from telecommunications towers by requiring
careful siting, visual impact assessment and appropriate landscaping.
B.Â
TELECOMMUNICATIONS TOWER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any structure, the total height of which, including underlying
or support structures and buildings, is greater than 35 feet in height,
which is capable of receiving or transmitting signals for the purpose
of communications.
C.Â
Application of special permit regulations.
(1)Â
No telecommunications tower, except those towers and uses approved
prior to the effective date of this section, shall be used unless
it has received a special permit from the Planning Board. No telecommunications
tower shall hereafter be erected, moved, reconstructed, changed or
altered unless in conformity with these regulations. No existing structure
shall be modified to serve as a telecommunications tower unless in
conformity with these regulations.
(2)Â
Applicants proposing to co-locate on a previously approved telecommunications tower do not require a special permit. They are, however, subject to site plan review by the Planning Board in accordance with § 300-86.
(3)Â
These regulations shall apply to all property within the following
zones: AP, PI, OLI, HC, LC, and NC. Telecommunications towers shall
be specifically excluded from all other zones.
(4)Â
Applications for construction of new telecommunications towers shall
comply with the Code of Federal Regulations pertaining to objects
affecting navigable airspace as delineated within Federal Aviation
Regulations (FAR) Part 77. Additionally, no application for construction
of a new telecommunications tower will be approved if the proposed
tower violates the criteria for obstructions to air navigation as
established by FAR Part 77, Subpart C, Obstruction Standards.
D.Â
Shared use of existing tall structures. At all times, shared use
of existing tall structures (for example, municipal water towers,
multistory buildings, church steeples and farm silos) and existing
or approved towers shall be preferred to the construction of new towers.
(1)Â
An applicant proposing to share use of an existing tall structure
shall be required to submit:
(a)Â
A completed application for a special permit.
(b)Â
Documentation of intent from the owner of the existing facility
to allow shared use.
(c)Â
A site plan. The site plan shall show, at a minimum, all existing
and proposed structures and improvements, including antennas, roads,
buildings, guy wires and anchors, parking and landscaping, and shall
include grading plans for new facilities and roads. Any modifications
of the existing facility shall be indicated on the site plan.
(d)Â
An engineer's report certifying that the proposed shared use
will not diminish the structural integrity and safety of the existing
tall structure and explaining what modifications, if any, will be
required in order to certify to the above, including making the facility
higher.
(e)Â
A completed long environmental assessment form (EAF) and completed
visual EAF addendum.
(f)Â
A copy of its Federal Communications Commission (FCC) license.
(2)Â
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection D(1)(a) through (f) above, and if modifications indicated according to those subsections are deemed insignificant by the Planning Board, and after the Planning Board conducts a public hearing and complies with all State Environmental Quality Review Act (SEQRA) provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to such subsections are significant, it may require further review according to all subsections below.
(3)Â
The Planning Board may modify or waive the setback or lot area requirements
in the event that they are not deemed necessary for safety or other
valid planning purposes for the site.
E.Â
New telecommunications towers. The Planning Board may consider a
new telecommunications tower when the applicant demonstrates that
shared use of existing tall structures and existing or approved towers
is impractical. An applicant shall be required to present an adequate
report inventorying all existing tall structures above 35 feet and
existing or approved towers within a two-mile distance of the proposed
site. The report shall demonstrate the need for the proposed facility
and provide technical data regarding existing signal coverage. The
report shall outline opportunities for shared use of these existing
facilities as an alternative to a proposed new tower and shall show
reasons why existing towers and structures are not usable. The report
shall demonstrate good-faith efforts to secure shared use from the
owner of each existing tall structure and existing or approved tower
as well as documentation of the physical, technical and financial
reasons why shared usage is not practical in each case. Written requests
and responses for shared use shall be provided.
F.Â
Shared usage of existing tower sites for placement of new towers.
Where shared use of existing tall structures and existing or approved
towers is found to be impractical, the applicant shall investigate
shared usage of an existing tower site for its ability to accommodate
a new tower and accessory uses. Any proposals for a new telecommunications
tower on an existing tower site shall be subject to the requirements
below.
G.Â
New towers at new locations. The Planning Board may consider a new
telecommunications tower on a site not previously developed with an
existing tower, when the applicant demonstrates that shared use of
existing tall structures and existing or approved towers is impractical
or that no existing facility could be modified or altered to be usable,
and when the Board determines that shared use of an existing tower
site for a new tower is undesirable. Any proposal for a new telecommunication
tower shall be subject to the requirements of the subsections below.
H.Â
Future shared use of new towers. The applicant shall design a proposed
new telecommunications tower to accommodate future demand for reception
and transmitting facilities. The applicant shall submit to the Board
a letter of intent committing the owner of the proposed new tower,
and successors in interest, to negotiate in good faith for shared
use of the proposed tower by a reasonable number of other telecommunications
providers in the future. This letter shall be filed with the Code
Enforcement Officer prior to issuance of a building permit. Failure
to abide by the conditions outlined in the letter may be grounds for
relocation of the special permit. The letter shall commit the new
tower owner and successors in interest to:
(1)Â
Respond within 90 days to a request for information from a potential
shared-use applicant.
(2)Â
Negotiate in good faith concerning future requests for shared use
of the new tower by other telecommunications providers.
(3)Â
Allow shared use of the new tower if another telecommunications provider
agrees in writing to pay charges. The charge may include but is not
limited to a pro rata share of the cost of site selection, planning,
project administration, land costs, site design, construction and
maintenance financing, return on equity and depreciation and all of
the costs of adapting the tower or equipment to accommodate a shared
user without causing electromagnetic interference.
I.Â
Site plan review; submission requirements.
(1)Â
An applicant shall be required to submit a site plan in accordance with § 300-86. The site plan shall show all existing and proposed structures and improvements, including but not limited to roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(2)Â
Supporting documentation. The applicant shall submit a complete long
form EAF, a complete visual environmental assessment form and documentation
on the proposed intent and capacity of use as well as a justification
for the height of any tower and justification for any clearing required.
(3)Â
Engineer's report for all structures. The applicant shall submit
an engineer's report, acceptable in form and content to the Planning
Board engineer, detailing the basis and requirements for the design
of any structure or extension thereof.
(4)Â
The Planning Board may require any additional information it deems
necessary to consider the application.
J.Â
Lot size and setbacks. All proposed telecommunication towers and
accessory structures shall be located on a single parcel and shall
be set back from abutting parcels and street lines a distance sufficient
to substantially contain on site all ice-fall or debris from tower
failure and preserve the privacy of any adjoining residential properties.
(1)Â
Lot size of parcels containing a tower shall be determined by the
amount of land required to meet the setback requirements. If the land
is to be leased, the entire area required shall be leased from a single
parcel unless the Planning Board determines that this provision may
be modified or waived as part of the special permit.
(2)Â
Telecommunications towers shall be located with a minimum setback
from any property line equal to 1/2 of the height of the tower. Equipment
or utility structures shall comply with the minimum setback requirements
in the underlying zoning district.
K.Â
Visual impact assessment. The Board shall require the applicant to
undertake a visual impact assessment which shall include, as a minimum:
(1)Â
A Zone of Visibility Map, to be provided in order to determine locations
where the tower may be seen.
(2)Â
Pictorial representations of "before" and "after" views from key
viewpoints both inside and outside of the Town, including but not
limited to state highways and other major roads, state and local parks,
other public lands, preserves and historic sites normally open to
the public, and from any other location where the site is visible
to a large number of visitors or travelers. The Board shall determine
the appropriate key sites at a regular meeting or work session conference
with the applicant.
(3)Â
Assessment of alternative tower designs and color schemes.
(4)Â
Assessment of the visual impact of the tower, guy wires, accessory
buildings and overhead utility lines from abutting properties and
streets. For new towers the Planning Board may require testing via
balloons or cranes or other devices, with photographs submitted to
the Board.
L.Â
New tower design. Alternative designs shall be considered for new
towers, including lattice and single pole structures. The design of
a proposed new tower shall comply with the following:
(1)Â
Any new tower shall be designed to accommodate future shared use
by other telecommunications providers to the extent practicable.
(2)Â
A tower shall have a shape, contour and finish (either painted or
unpainted) that minimizes its degree of visual impact. The Planning
Board may require a tower to be in the shape of a tree, flagpole,
church steeple, etc.
(3)Â
The maximum height of any new tower shall not exceed that which shall
permit operation without artificial lighting of any kind or nature,
in accordance with municipal, state and/or federal law and/or regulation.
The Board at its discretion may modify this requirement if the applicant
can justify the need to exceed this height limitation.
(4)Â
The Board may request a review of the application by a qualified
professional engineer or landscape architect retained by the Planning
Board in order to evaluate the need for, and the design of, any new
tower. The reasonable cost of this review shall be borne by the applicant.
(5)Â
All structures shall maximize the use of building materials, colors
and textures designed to blend with the natural surroundings.
(6)Â
No portion of any tower or structure shall be used for a sign or
other advertising purpose, including but not limited to company name,
phone numbers, banners and streamers.
M.Â
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at the height of four feet off the ground) shall take place prior to the approval of the special permit. The applicant shall also comply with § 300-86D, Procedure.
N.Â
Screening. Deciduous or evergreen tree plantings shall be required
to screen portions of the tower and all structures from nearby residential
property as well as from public sites known to include public sites
and views. Where a site abuts a residential property or public property,
including streets, ample screening shall be required.
O.Â
Access. Adequate emergency and service access and maneuver area shall
be provided, including access for a tower ladder fire truck. Maximum
use of existing roads and private accessways shall be made. Road construction
shall, at all times, minimize ground disturbance and vegetation cutting
to within the toe of fill, the top of cuts, or no more than 10 feet
beyond the edge of any pavement. Road grades shall closely follow
natural contours to assure minimal visual disturbance and reduce soil
erosion potential. An erosion-control plan shall be submitted to and
approved by the Planning Board prior to any construction.
P.Â
Parking. Parking shall be provided to assure adequate emergency and
service access in accordance with this chapter.
Q.Â
Fencing. The tower and all structures shall be adequately enclosed
by a fence, the design of which shall be approved by the Planning
Board. The minimum standard shall be a chain-link fence six feet or
eight feet in height, with dark vinyl coating and privacy slats, as
well as suitable gate access for emergency purposes.
R.Â
Public safety. The applicant shall demonstrate that the proposed
communications tower will not pose a threat to public health and safety
as a result of falling or blowing ice and other debris and that public
access to the same has been restricted in order to prevent climbing
or other trespass on the structure itself.
S.Â
Removal. In the event that a tower is not in use for a period of one year, the tower and all structures shall be removed and the site restored to its condition prior to the construction of the related facilities. In the event that the tower is not removed as required by this subsection, then, upon written notice to the applicant securing the approval from the Planning Board for the special permit for the erection of the public communications utility tower and to the owner, which shall be mailed by certified mail to the applicant's address on the application filed with the Planning Board or to such other address as the applicant may provide to the Planning Board from time to time, and also to the owner at the address of record in the Assessor's office, the applicant shall remove the tower and related facilities and restore the premises. In the event that the applicant fails to remove the tower following notice and demand that the applicant do so, the Town shall then have the right to proceed to secure such relief against the applicant to cause the removal and restoration as the Town may deem appropriate, including injunctive relief. Where appropriate, the Town may elect to proceed under Chapter 113, Buildings, Unsafe, of the Town Code. In either event, all costs and expense incurred by the Town of New Windsor in connection with the proceedings to remove or secure, including the cost of actually removing the tower, shall be assessed against the land on which the tower is located.
T.Â
Intermunicipal notification for new towers. In order to keep neighboring
municipalities informed, and to facilitate the possibility of directing
that an existing tall structure or existing telecommunications tower
in a neighboring municipality be considered for shared use, and to
assist in the continued development of county 911 services, the Board
shall require that an applicant who proposes a new telecommunication
tower shall notify, in writing, the legislative body of each municipality
that borders the Town of New Windsor, the Orange County Planning Department
and the Director of Orange County Emergency Services. Notification
shall include the exact location of the proposed tower and a general
description of the project, including but not limited to the height
of the tower and its capacity for future shared use. Documentation
of this notification shall be submitted to the Board at the time of
application.
U.Â
Notification of nearby landowners. The applicant shall be required
to mail notice of the public hearing directly to all landowners whose
property is located within 500 feet of the property line of the parcel
on which a new tower is proposed. Notice shall also be mailed to the
administrator of the state or federal parklands from which the proposed
tower would be visible if constructed. Notification, in all cases,
shall be made by first-class mail in accordance with Planning Board
procedures. Documentation of this notification shall be submitted
to the Board prior to the public hearing.
[Added 4-5-2017 by L.L.
No. 1-2017]
A.Â
Title. This new section of Chapter 300 of the Town Code of the Town of New Windsor shall be known as "Solar Energy Power System Siting."
B.Â
Purpose and intent.
(1)Â
The Town Board of the Town of New Windsor wishes to promote
renewable energy resources by permitting solar energy power systems
and limiting their location to protect the public health, safety and
welfare.
(2)Â
This chapter is not intended to repeal, except as herein stated,
abrogate or impair existing conditions previously made or permits
previously issued relating to the use of buildings or premises or
to impair or interfere with any easements, covenants or agreements
existing between parties. Except as otherwise provided herein, whenever
this chapter imposes a greater restriction upon the use of buildings
or premises than is required by existing provisions of law, ordinance,
regulations or permits or by such easements, covenants or agreements,
the provisions of this chapter shall control.
C.Â
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) POWER SYSTEM
COLLECTIVE SOLAR
FLUSH-MOUNTED SOLAR PANEL
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY POWER SYSTEM
NET-METERING
PHOTOVOLTAIC (PV) POWER SYSTEM
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR POWER SYSTEM
SETBACK
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ENERGY EQUIPMENT/POWER SYSTEM
SOLAR FARM or SOLAR POWER PLANT
SOLAR PANEL
SOLAR STORAGE BATTERY
SOLAR-THERMAL POWER SYSTEMS
Definitions. As used in this chapter, the following terms shall have
the meanings indicated, unless the context or subject matter requires
otherwise.
A solar energy power system that consists of integrating
photovoltaic modules into the building structure, such as the roof
of the facade and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowner associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy power system that is directly installed in
the ground and is not attached or affixed to an existing structure.
Pole-mounted solar energy power systems shall be considered freestanding
or ground-mounted solar energy power systems for the purposes of this
section.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage
at the end of the month.
A solar energy power system that produces electricity by
the use of semiconductor devices, called photovoltaic cells, that
generate electricity whenever light strikes them.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified installers if
the Town of New Windsor determines such persons have had adequate
training to determine the degree and extent of the hazard and the
personal protective equipment and job planning necessary to perform
the installation safely. Such training shall include the proper use
of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A solar energy power system in which solar panels are mounted
on top of the structure of a roof as a flush-mounted power system.
The distance from a front lot line, side lot line or rear
lot line of a parcel to any component of a freestanding or ground-mounted
solar energy power system, solar farm or solar power plant within
which no solar components shall be permitted.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy power systems on individual
properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
An easement recorded pursuant to New York Real Property Law
§ 335-b, the purpose of which is to secure the right to
receive sunlight across real property of another for continued access
to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar power systems include solar thermal, photovoltaic
and concentrated solar. For the purposes of this law, a solar energy
power system does not include any solar energy power system of four
square feet in size or less.
Energy generation facility or area of land whose principal
use is allowed by special permit issued by the Planning Board to convert
solar energy to electricity, whether by photovoltaics, concentrating
solar thermal devices or various experimental solar technologies,
with the primary purpose of wholesale or retail sales of electricity.
No other buildings or uses are required unless needed for the solar
installation.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal power systems directly heat water or other
liquid using sunlight. The heated liquid is used for such purposes
as space heating and cooling, domestic hot water, and heating pool
water.
D.Â
Applicability.
(1)Â
The requirements of this section shall apply to all solar energy
power systems and equipment installations modified or installed after
the effective date of this section.
(2)Â
Solar energy power system installations for which a valid building
permit has been issued or, if no building permit is presently required,
for which installation has been completed before the effective date
of this section shall not be required to meet the requirements of
this section.
(3)Â
All solar energy power systems shall be designed, erected and
installed in accordance with all applicable codes, regulations and
industry standards as referenced in the New York State Building Code
and the Town of New Windsor Code.
(4)Â
Solar energy power systems, unless part of a Solar Farm or Solar Power Plant, shall be permitted only to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a "net billing" or "net-metering" arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute within the limitations provided in Subsection E(4)(i) and (j) and (5)(i) and (j) herein.
E.Â
Permitting.
(1)Â
No solar energy power system or device shall be installed or
operated in the Town of New Windsor except in compliance with this
chapter.
(2)Â
Rooftop and building-mounted solar power systems, including
BIPV. Rooftop and building-mounted solar power systems, including
BIPV on residential or commercial structures are permitted in all
zoning districts in the Town subject to the following conditions:
(a)Â
Building permits shall be required for installation of all rooftop
and building-mounted solar power systems, including BIPV. No Planning
Board approval is required for these installations, unless in the
sole opinion of the Code Enforcement Officer a Planning Board review
is necessary and appropriate.
(b)Â
Rooftop and building-mounted solar power systems, including
BIPV when installed shall not exceed the maximum permitted building
height in the zoning district where the system is to be located.
(c)Â
Rooftop and building-mounted solar power systems shall match
the contour and slope of the existing roof structure.
(d)Â
Rooftop and building-mounted solar power systems, including
BIPV, are only permitted on structures and are not permitted on accessory
structures.
(e)Â
Rooftop and building-mounted solar power systems, including
BIPV must be 18 inches from any chimney and shall not be permitted
on any roof overhangs.
(f)Â
In order to ensure firefighter and other emergency responder
safety, rooftop and building-mounted solar power systems, including
BIPV, shall be installed in accordance with the following:
[1]Â
Each photovoltaic array shall not exceed 150 feet
in any direction.
[2]Â
Panels, modules or arrays installed on roofs with
a single ridge shall be located in a manner that provides two thirty-six-inch-wide
access pathways extending from the roof access point to the ridge.
[3]Â
Panels, modules or arrays installed on dwellings
with hip roofs shall be located in a manner that provides a clear
access pathway not less than 36 inches wide, extending from the roof
access point to the ridge or peak, on each roof slope where panels,
modules or arrays are located.
[4]Â
Panels and modules shall not be located less than
18 inches from a valley, ridge or peak on any roof.
[5]Â
In the event any of these standards are more stringent
than the New York State Uniform Fire Prevention and Building Code,
they shall be deemed to be installation guidelines only and the standards
of the state code shall apply.
(3)Â
Solar-thermal power systems. Solar-thermal power systems are
permitted in the Town under the following conditions:
(4)Â
Freestanding and ground-mounted solar power systems. Freestanding
or ground-mounted solar power systems are permitted in all zoning
districts as an accessory structure to single family and two-family
residences under the following conditions:
(a)Â
Building permits shall be required for the installation of all
freestanding and ground-mounted solar power systems. No Planning Board
approval is required for these installations, unless in the sole opinion
of the Code Enforcement Officer a Planning Board review is necessary
and appropriate.
(b)Â
Freestanding and ground-mounted solar power systems shall only
be permitted on lots with a minimum size of 80,000 square feet.
(c)Â
Developmental coverage on a lot, including freestanding and
ground-mounted solar power systems, shall not exceed that permitted
in the bulk table for single family and two-family residences in the
zoning district in which the lot is located.
(d)Â
All freestanding and ground-mounted solar power systems shall
be subject to a fifteen-foot setback from the property line.
(e)Â
All freestanding and ground-mounted solar power systems shall
be enclosed by a six-foot solid fence (or fence with privacy slats).
(f)Â
Freestanding and ground-mounted solar power systems shall be
located in a manner to reasonably minimize view blockage for surrounding
properties and shading of property to the north, while still providing
adequate solar access for collectors.
(g)Â
Freestanding and ground-mounted solar power systems, including
any mounts shall not exceed 10 feet in height when oriented at maximum
tilt.
(h)Â
Freestanding and ground-mounted solar power systems can only
be installed in side or rear yards. No front yard installations are
permitted.
(i)Â
Freestanding and ground-mounted solar power systems shall only
be permitted on a site to provide sufficient kilowatts to power the
site plus 20%. The Code Enforcement Officer may require up to 12 months
of electrical usage invoices to demonstrate the applicant's installation
complies with this requirement.
(j)Â
Any application for the installation of freestanding or ground-mounted solar power systems which will produce kilowatts in excess of the amount specified in Subsection E(4)(i) above shall constitute an application for site plan approval and special use permit which shall require the Planning Board's approval pursuant to §§ 300-86 and 300-87 of the Town Code. Any solar installations that require Planning Board site plan and special use permit approval can, based on surrounding uses, be required to install additional screening and/or fencing to mitigate visual impact.
(5)Â
Freestanding and ground-mounted solar power systems accessory
to approved site plans. Freestanding or ground-mounted solar power
systems installed pursuant to this section shall be considered accessory
uses which shall require site plan approval. Accessory freestanding
and ground-mounted solar power systems are permitted in all zoning
districts as an accessory structure subject to the following conditions:
(a)Â
Site plan approval granted by the Town of New Windsor Planning Board is required under § 300-86 of the Town Code. If an accessory freestanding and ground-mounted solar power system is installed after site plan approval and/or construction has already been completed at the site, a site plan amendment approval is required.
(b)Â
All accessory freestanding and ground-mounted solar power systems
shall be subject to a minimum fifteen-foot setback from the property
line. The Planning Board may require increased setbacks as it deems
necessary based on the surrounding conditions.
(c)Â
Developmental coverage on a lot, including accessory freestanding
and ground-mounted solar power systems shall not exceed that permitted
in the bulk table for the primary use of the lot in the zoning district
in which the lot is located.
(d)Â
All accessory freestanding and ground-mounted solar power systems
shall be enclosed by a minimum of a six-foot solid fence (or fence
with privacy slats).
(e)Â
Accessory freestanding and ground-mounted solar power systems
shall be located in a manner to reasonably minimize view blockage
for surrounding properties and shading of property to the north, while
still providing adequate solar access for collectors. Additional screening
may be required as part of the Planning Board approval.
(f)Â
Accessory freestanding and ground-mounted solar power systems,
including any mounts shall not exceed 10 feet in height when oriented
at maximum tilt.
(g)Â
Accessory freestanding and ground-mounted solar power systems
can only be installed in side or rear yards. No front yard installations
are permitted.
(h)Â
The installation of accessory freestanding or ground-mounted solar power systems shall be considered a development or development activity for purposes of Chapter 249, Stormwater Management, of the Code of the Town of New Windsor. The site shall comply with all current standards for New York State stormwater regulations.
(i)Â
Accessory freestanding and ground-mounted solar power systems
shall only be permitted on a site to provide sufficient kilowatts
to power the site plus 20%, and the applicant must provide a calculation
demonstrating the required amount.
(j)Â
Any application for the installation of accessory freestanding or ground-mounted solar power systems which will produce kilowatts in excess of the amount specified in Subsection E(5)(i) above shall constitute an application for a special use permit which shall require the Planning Board's additional approval pursuant to § 300-87 of the Town Code in addition to site plan approval. Any solar installations that require Planning Board special use permit approval can, based on surrounding uses, be required to install additional screening and/or fencing to mitigate visual impact.
(6)Â
Solar farms and solar power plants. Solar farms and solar power
plants shall be permitted as structures in all zoning districts subject
to the following conditions:
(a)Â
Site plan and special use permit approval granted by the Town of New Windsor Planning Board is required under §§ 300-86 and 300-87 of the Town Code. As part of the application, the applicant shall submit the following (in addition to all other submittal requirements for site plans):
[1]Â
A written narrative describing how the solar farm
or solar power plant will be constructed, operated and maintained.
[2]Â
Manufacturer's information and specifications for
the proposed solar farm or solar power plant.
[3]Â
A written narrative describing the eventual decommissioning
of the solar farm or solar power plant that describes the anticipated
life of the solar farm or solar power plant, the estimated decommissioning
costs and the method for insuring funds will be available for decommissioning
and restoration of the site.
(b)Â
Compliance with the State Environmental Quality Review Act shall
be required. Applicants shall prepare and submit a completed Part
I of a Full Environmental Assessment Form, together with such additional
analyses as may be required by the Planning Board. Any solar farm
or solar power plant proposed in the AP Zoning District must all be
reviewed and approved by the Port Authority for New York and New Jersey
to ensure that there will be no reflection of light therefrom that
will interfere with the operation of Stewart Airport.
(c)Â
The installation of a solar farm or solar power plant shall be considered a Development or Development Activity for the purposes of Chapter 249, Stormwater Management, of the Code of the Town of New Windsor. The site shall comply with all current standards for New York State stormwater regulations.
(d)Â
The site plan shall indicate all existing and proposed access
to the site, including road, electric power, emergency access, and
other utilities existing and proposed within the property boundaries.
All easements and rights-of-way should be shown on the site plan.
(e)Â
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site and clearly visible.
(f)Â
The solar farm or solar power plant shall be screened when possible
and practicable from adjoining lots and street rights-of-way through
the use of architectural features, earth berms, landscaping, or other
screening which will harmonize with the character of the property
and surrounding area. The proposed screening shall not interfere with
the normal operation of the solar collectors. Additional screening
may be required as part of the Planning Board approval.
(g)Â
All solar farm or solar power plant equipment and installations
shall be subject to a minimum fifteen-foot setback from all property
lines. The Planning Board may require increased setbacks as it deems
necessary based on the surrounding conditions.
(h)Â
A solar farm or solar power plant shall only be permitted on
lots with a minimum size of 10 acres.
(i)Â
Notwithstanding bulk table requirements to the contrary, developmental
coverage of a lot with a solar farm or solar power plant shall not
exceed 85%.
(j)Â
The height of the freestanding or ground-mounted solar collectors
and any mounts shall not exceed 15 feet when oriented at maximum tilt.
(k)Â
The solar farm or solar power plant installation shall be enclosed
by a minimum six-foot solid fence (or fence with privacy slats). Planning
Board may require a greater height in fencing depending on individual
conditions.
(l)Â
Solar farm and solar power plant panels and equipment shall
be surfaced, designed and sited so as not to reflect glare onto adjacent
properties and roadways.
(m)Â
On-site power lines shall, to the maximum extent practicable,
be placed underground.
(7)Â
All solar energy power systems and equipment shall be permitted
only if they are determined by the Town of New Windsor not to present
any unreasonable safety risks, including but not limited to: weight
load, wind resistance and ingress or egress in the event of fire or
other emergency.
(8)Â
All solar energy power systems and equipment shall be surfaced,
designed and sited so as not to reflect glare onto adjacent properties
and roadways.
F.Â
Safety.
(1)Â
All solar energy power system installations must be performed
by a qualified solar installer.
(2)Â
Prior to operation, electrical connections must be inspected
by a Town of New Windsor Code Enforcement Officer and by an appropriate
electrical inspection person or agency as determined by the Town.
(3)Â
Any connection to the public utility grid must be inspected
by the appropriate public utility.
(4)Â
Solar energy power systems shall be maintained in good working
order.
(5)Â
Rooftop and building-mounted solar power systems shall meet
New York's Uniform Fire Prevention and Building Code standards.
(6)Â
If solar storage batteries are included as part of the solar
power system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when
in use and when no longer used shall be disposed of in accordance
with the laws and regulations of the Town and other applicable laws
and regulations.
(7)Â
If the solar power system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the collectors, mount and associated equipment no later than
90 days after the end of the twelve-month period.
(8)Â
Solar energy power systems and equipment shall be marked in
order to provide emergency responders with appropriate warning and
guidance with respect to isolating the solar energy power system.
Materials used for marking shall be weather resistant.
(a)Â
For one- and two-family residential installations, the marking
may be placed within the main service disconnect. If the main service
disconnect is operable with the service panel closed, then the marking
should be placed on the outside cover.
(b)Â
For accessory installations, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
(c)Â
In the event that any of the standards of this subsection for
markings are more stringent than applicable provisions of the New
York State Uniform Fire Prevention and Building Code, they shall be
deemed to be guidelines only and the standards of the state code shall
apply.
G.Â
Decommissioning.
(1)Â
If a solar energy power system ceases to perform its originally
intended function for more than 12 consecutive months, the property
owner shall remove the power system, mount and associated equipment
from the property no later than 90 days after the end of the twelve-month
period.
(2)Â
If a freestanding solar power system, ground-mounted solar power
system, solar farm or solar power plant has been out of active and
continuous service for a period of one year, it shall be removed from
the premises to a place of safe and legal disposal. Any and all structures
and accessory structures shall also be removed. The site shall be
restored to as natural a condition as possible. Such removal shall
be completed within 18 months of the cessation of active and continuous
use. A permit for the demolition of the system shall be required under § 107-04
of the Town Code.
(3)Â
If the owner of a freestanding solar power system, ground-mounted solar power system, solar farm or solar power plant that has ceased operation as provided in Subsection G(2) fails to remove the system, the Town may serve on the owner a notice of demand to remove.
(a)Â
Notice shall be served upon the owner or owners by certified
mail, addressed to his or their last known address, and/or posting
of said notice on the premises and mailing a copy of said notice to
the owner at the address or addresses as recorded in the Sole Assessor's
office on the same day as posted. Service of notice upon any owner
of land, or the designated person to receive process as provided by
law, shall suffice for the purposes of this section.
(b)Â
Whenever a notice or notices referred to in this chapter has
or have been served upon or posted on said real property requiring
such owner or owners of the respective lots or parcels to remove a
freestanding solar power system, ground-mounted solar power system,
solar farm or solar power plant, and such owner or owners shall neglect
or fail to comply with the requirements of such notice or notices
within the time provided therein, the Town Supervisor may authorize
the work to be done and pay the cost thereof out of general Town funds
or authorize Town employees and equipment to perform the work.
(c)Â
The Town shall be reimbursed for the cost of the work performed
or services rendered by direction of the Town Supervisor, as herein
provided, by assessment and levy upon the lots or parcels of land
wherein such work was performed or such services rendered, and the
expenses so assessed shall constitute a lien and charge on the real
property on which they are levied until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as other Town charges.
H.Â
Appeals.
(1)Â
If a person is found to be in violation of the provisions of
this section, appeals should be made in accordance with the established
procedures and time limits of the Zoning Code and New York State Town
Law.
(2)Â
If a building permit for a solar energy power system is denied
based upon a failure to meet the requirements of this section, the
applicant may seek relief from the Zoning Board of Appeals in accordance
with the established procedures and time limits of the Zoning Code
and New York State Town Law.
It has been determined that bed-and-breakfast establishments
will generally exist as one of two different types of establishments.
For purposes of this chapter, bed-and-breakfast establishments will
be categorized as either a bed-and-breakfast residence or a bed-and-breakfast
inn. Generally, a bed-and-breakfast residence is smaller and requires
owner occupancy, while a bed-and-breakfast inn is larger and may not
be required to be owner occupied. The classification of the type of
bed-and-breakfast establishment shall be determined by the Planning
Board, based on the information provided to the Planning Board by
the applicant and based on the specific requirements for the bed-and-breakfast
establishment as listed herein below.
A.Â
Bed-and-breakfast residences are permitted as accessory uses in residential
districts subject to site plan approval and the following supplemental
regulations:
(1)Â
The owner-operator of the bed-and-breakfast residence shall be a
principal owner-occupant of the single-family residential dwelling
to which the guest rooms are accessory.
(2)Â
Bed-and-breakfast residences shall be permitted accessories only
to single-family detached dwellings.
(3)Â
Bed-and-breakfast residences shall not be permitted where physical
road access is only to a private road. The driveway serving the bed-and-breakfast
residence shall have direct physical access to a public road.
(4)Â
Full turnaround for the dwelling and the bed-and-breakfast residence
shall be provided, except that the Planning Board may waive such turnaround
requirement for lots having frontage on and access to a rural street.
(5)Â
The establishment and operation of the bed-and-breakfast residence
shall not alter the appearance of the residence as single-family detached
dwelling.
(6)Â
Not more than four bedrooms of the bed-and-breakfast residence shall
be permitted to be used for transient residential purposes. Upon conversion
of any portion of its floor area to a bed-and-breakfast residence
establishment, the residential dwelling shall retain at least one
bedroom for the exclusive use of the owner-occupants of the principal
dwelling to which the bed-and-breakfast residence is accessory. The
owner-occupants of the principal dwelling shall provide sufficient
documentation to the Planning Board to demonstrate that adequate space
has been reserved for the occupancy of the principal dwelling by the
entire family of the owner-occupants.
(7)Â
Room rental shall be strictly for transient usage. A limit of 14
days' stay shall be permitted.
(8)Â
The sanitary and water supply systems serving the dwelling shall
be adequate to meet the needs of the principal dwelling and bed-and-breakfast
residence use combined. Where requested, the applicant shall submit
documentation demonstrating such capacity in a form acceptable to
the Planning Board.
(9)Â
Adequate waste enclosure shall be provided to contain the solid waste
generated by the principal dwelling and the bed-and-breakfast residence
use.
(10)Â
Parking shall be provided to meet the residence requirement
and one additional space per each bed-and-breakfast room.
(11)Â
Hard-surfaced walkways and stairs equipped with low-level lighting
shall be provided from the parking area to the bed-and-breakfast residence
entrance.
(12)Â
If any outside recreation or any other exterior improvements
exist or are planned to be constructed or used for the bed-and-breakfast
residence use, the same shall be part of the site plan submitted for
approval.
(13)Â
Prior to the use of any portion of the residence as a bed-and-breakfast,
a licensed professional shall make an inspection and the results shall
be submitted to the Town Code Enforcement Officer. The Code Enforcement
Officer (or his duly authorized representative) shall have the option
of performing a site review of the area proposed for use as a bed-and-breakfast
and shall determine if there are any code-related or other conditions
which may prohibit such use.
B.Â
Bed-and-breakfast inn establishments are permitted as special permit
uses in those zones indicated on the Table of Use/Bulk Regulations.[1] Bed-and-breakfast inns are subject to site plan approval
and compliance with the following supplemental regulations:
(1)Â
The bed-and-breakfast inn is not required to be the principal residence
of the owner-operator, although the same shall be permitted as part
of an approved special permit use, at the owner-operator's option.
However, in the event that such bed-and-breakfast inn does not serve
as the principal residence of its owner-operator, the Planning Board
shall require that adequate supervision be provided on site for such
bed-and-breakfast inn use. The bed-and-breakfast inn shall provide
a reception/office area, which area is not required to be a room that
is dedicated solely to that purpose, provided that such area is not
within the confines of a guest room.
(2)Â
The number of guest rooms permitted for rental for transient residential
purposes in a bed-and-breakfast inn shall be limited to 14.
(3)Â
Bed-and-breakfast inns shall not be permitted in cases where physical
road access is only to a private road. The driveway serving the bed-and-breakfast
inn shall have direct physical access to a public road.
(4)Â
Full turnaround for the bed-and-breakfast inn shall be provided.
(5)Â
Room rental shall be strictly for transient usage. Limit of 14 days
shall be permitted.
(6)Â
The sanitary and water supply system serving the use shall be adequate
to meet its projected needs. As part of the application, sufficient
information shall be furnished to demonstrate such capacity, in such
form as acceptable to the Planning Board.
(7)Â
The site shall include adequate waste enclosure to contain all the
solid waste generated by the bed-and-breakfast inn use.
(8)Â
Parking shall be provided to meet the residence requirement (where
applicable), as well as one space per each (equivalent) full-time
employee, plus 1.25 spaces per each bed-and-breakfast guest room or
suite. Full interior turnaround shall be required for bed-and-breakfast
inn parking.
(9)Â
Hard-surfaced walkways equipped with low-level lighting shall be
provided from the parking area to the bed-and-breakfast inn entrance.
As well, where required by the Planning Board, additional lighting
for the parking area(s) shall be provided.
(10)Â
If any outside recreation or any other exterior improvements
exist or are planned to be constructed or used for the bed-and-breakfast
inn use, the same shall be part of the site plan submitted for approval.
(11)Â
Prior to the use of any portion of the residence as a bed-and-breakfast,
a licensed professional shall make an inspection and the results shall
be submitted to the Town Code Enforcement Officer. The Code Enforcement
Officer (or his duly authorized representative) shall have the option
of performing a site review of the area proposed for use as a bed-and-breakfast
and shall determine if there are any code-related or other conditions
which may prohibit such use.
[1]
Editor's Note: The Table of Use/Bulk Regulations is included at the end of this chapter.