A.
The minimum lot size for the keeping of animals and fowl as part
of a personal accessory agriculture use shall be one acre in the HMU
and HC Districts.
B.
The keeping of not more than one adult or fully grown horse, cow,
beef cattle, sheep, goat or other four-legged domestic-type farm animal
or combinations thereof per acre of land shall be permitted.
C.
In all instances, all animals shall be adequately housed, fenced
and otherwise maintained in a sanitary and safe manner so as, on the
finding of the Code Enforcement Officer, not to create a nuisance,
health or safety hazard to nearby property, property owners, or inhabitants
of the neighborhood or the animals themselves.
A.
Accessory dwellings and structures larger than 900 square feet of
gross floor area which are associated with nonagricultural uses are
subject to site plan review.
B.
Accessory buildings and structures are subject to the following setbacks:
(1)
Front yard setback: the same as for the principal building, except
that lots which abut the shoreline of a lake as delineated in the
Scenic Preservation Overlay and consider the lakeside or rear yard
the front yard may have a front yard setback of 10 feet for accessory
buildings.
(2)
Side setback: five feet from side property lines.
(3)
Rear setback: 10 feet from rear property lines.
(4)
Corner lot side yard: on the side fronting a public right-of-way the setback shall be the same as the front yard setback for the principal building except that properties that abut the shoreline of a lake as delineated in the Scenic Preservation Overlay may designate one side fronting a public right-of-way the front yard for purposes of locating accessory uses in the front yard as provided in Subsection B(1) above.
C.
No accessory building shall be closer to a principal or other accessory
building than 10 feet.
D.
No accessory structure shall be located between the principal building
line and the street, unless said accessory structure is located more
than 200 feet from the public right-of-way.
F.
The following shall apply to accessory dwelling units:
(1)
For site plan review of accessory dwelling units, the applicant shall
provide evidence of the adequacy of wastewater treatment for the unit.
(2)
Accessory dwelling units shall be a maximum of 800 square feet.
(3)
The owner(s) of the lot upon which the accessory dwelling unit is
located shall reside within the principal or accessory dwelling unit.
(4)
A homeowner of a lawful single-family use shall be permitted one
accessory dwelling unit.
(5)
An accessory dwelling unit may be located either in the principal
building or in an accessory building.
A.
Purpose and intent. The purpose of this section is to meet the requirements
of the Federal Communications Commission Order dated September 16,
1985, known as "PRB-1," and any regulation related to amateur radio
service adopted under 47 CFR Part 97 and to establish regulations
for the siting of amateur radio communications towers which protect
the public against adverse impacts on aesthetic resources, assure
public safety and welfare, minimize visual impacts through proper
design, siting and screening, and avoid potential physical damage
to adjacent properties.
B.
Applicability. This section shall apply to all newly placed amateur
radio towers. Preexisting amateur radio towers are exempt from the
provisions of this section.
C.
Location of towers. Amateur radio towers may be located in any zoning
district.
D.
Site plan review. Siting of amateur radio is subject to site plan
review.
(1)
Application requirements. Applications for a building permit for
an amateur radio tower shall provide the following information:
(a)
A scaled plan or drawing of the proposed tower, with design
data and documentation that the tower meets or exceeds applicable
federal and state specifications.
(b)
A sketch showing the lot or parcel and its dimensions, and all
structural improvements thereon, on which the tower is to be located
and showing the location of all structures on the lot or parcel, and
the location of the proposed tower.
(c)
Proof that the applicant holds a valid Federal Communications
Commission (FCC) amateur radio station license.
(d)
A statement that the FCC requirements for radio frequency (RF)
exposure limitations have been calculated for the station and proposed
antenna system and meet the FCC RF exposure requirements. A copy of
the calculations should be included in the application.
(e)
A statement of the communications interests of the applicant
and corresponding antenna design goals required to meet these interests.
(f)
A statement that the station antenna system design described
in the application has been optimized for the communications goals
set forth in the application.
(g)
Proof of insurance specifically covering the proposed tower.
(h)
If the FCC license holder and operator is not the property owner,
the property owner must also sign the application.
(2)
Design and site development standards.
(a)
The structural design of the proposed tower shall meet accepted
engineering standards, including wind-load requirements.
(b)
The proposed tower shall be erected only in a rear or side yard.
(c)
The proposed tower, including all masts and antennas, shall
not exceed a height of 70 feet above the ground and in no event shall
be closer in horizontal distance than 1.25 the height of the tower
to a principal dwelling or structure used for human habitation on
any adjacent or neighboring property.
(d)
No part of the proposed tower, including stays and guy or supporting
wires, shall be in violation of applicable district setbacks.
(e)
If the base of a ground-based tower is visible from any public
right-of-way or from adjacent property, then reasonable screening
of the base may be required so long as such screening will not interfere
with the reception or the transmission of signals.
(f)
Towers shall not be located on drainage easements, public utility
easements or in any reserved open space.
(g)
Type and use of trees, shrubbery and other landscape elements
for aesthetic, screening or buffering purposes and the relationship
with existing trees and vegetation shall be designed to protect the
aesthetic appearance of the neighborhood.
E.
An amateur radio tower shall be removed by the facility owner within
six months of the date it ceases to be operational or if the facility
falls into disrepair.
For all overnight storage parking associated with automobile
repair uses, vegetative or architectural screening shall be provided
to screen the parking from the public right-of-way and/or neighboring
residential uses.
Commercial boat storage uses shall be conducted indoors or screened
from the view of the public right-of-way.
A.
In addition to meeting the minimum yard and lot coverage requirements,
car washes shall not be closer than 200 feet to a residential district.
B.
In addition to meeting the off-street parking requirements of the
Off-Street Parking Table, four stacking spaces per bay shall be provided
on the lot.
C.
As part of site plan approval for car washes, evidence of an adequate
long-term source of public or private water shall be submitted to
show that water usage will not affect surrounding properties.
A.
Contracting businesses which have an associated accessory contractor's
storage yard shall have a minimum lot size of five acres and shall
meet all other requirements of the Dimensional Table of this chapter.[1] Contracting businesses with no storage yard shall meet
the requirements of the Dimensional Table of this chapter.
B.
Contractor's storage yards are an accessory use and shall be associated
with a primary use on the same parcel.
C.
Storage yards, equipment and vehicles shall not be located within
100 feet of any property line.
D.
Storage yards, equipment and vehicles related to the contractor's
business shall be screened from adjacent properties and the public
right-of-way.
A.
Due to potential impacts on traffic volume, vehicular and pedestrian
circulation, and the environment, the additional standards of this
section are required for the permitting of drive-through windows.
B.
General design standards. All the following must be provided for
the primary use to be granted a building permit for a drive-through
window:
(1)
All lighting on the exterior of the building shall be of an indirect
nature, emanating only from fixtures located under canopies or hoods,
under eaves of buildings and at ground level in the landscaping. Freestanding
pole lights shall not exceed a maximum height of 14 feet and shall
be so arranged and shielded that there shall be no glare or reflection
onto adjacent properties or public rights-of-way.
(2)
Signs should be placed and waiting lanes should be designed so that
waiting cars do not block sidewalks or public streets.
(3)
Landscaping, waiting-lane devices, and overall design should not
prevent vehicles from safely and efficiently leaving waiting lanes.
(4)
Traffic circulation.
(a)
A traffic study addressing both on-site and off-site traffic
and circulation impacts shall be required.
(b)
Pedestrians must be able to enter the establishment from the
parking lot or sidewalk without crossing the waiting or exit lanes.
(c)
Waiting lanes shall accommodate the following number of cars
to be in a queue or stacked based on the use:
[1]
Fast-food restaurants and coffee shops: sufficient to accommodate
a minimum queue of 10 vehicles.
[2]
All other drive-through windows with a single lane: sufficient
to accommodate a minimum queue of six vehicles.
[3]
Drive-through banks with more than one lane: sufficient to accommodate
a minimum queue of four vehicles.
(d)
Waiting lanes shall be designed for the maximum length possible,
allowing 20 feet per vehicle.
(e)
The waiting lane shall be independent of any on-site parking,
parking maneuvering areas, public streets, or traffic ways serving
other on- and/or off-site uses.
C.
Site plan requirements. In addition to the general requirements for
site plan review, drive-through window site plans must also include
the following features:
A.
Intent. The intent of these regulations is to promote access to lots
in such a manner as to allow for the protection of the health, safety,
and welfare of the residents.
B.
All newly constructed driveways require the completion of a Driveway
Application and approval from the Building Department.
C.
For residential uses, driveways shall be set back a minimum of five
feet from the side lot line.
D.
Maximum slope. The maximum slope for driveways shall be 10%.
In addition to the requirements of the Dimensional Table of
this chapter,[1] equestrian facilities shall have a minimum lot size of
five acres in all zones.
A.
Applicability. A construction exemption must be obtained from the
New York Department of Environmental Conservation (NYS DEC) for all
activities relating to site preparation that involve removal of over
750 tons of material per year, and the following requirements shall
apply:
(1)
Clear-cutting over one acre of land within a five-year period per
parcel without prior Planning Board approval shall be prohibited,
and shall preclude one from applying for this process.
(2)
In addition to providing the data required of a plat subdivision per the subdivision regulations of Chapter 225, Article VI, a site plan shall be provided that includes all existing and proposed grades, stockpile, equipment storage areas, haul roads, and other information that the Board finds prudent. A detailed Engineer's Report with sequencing narrative shall also be prepared before an application can be entertained.
(3)
Proper erosion and sediment controls shall be kept and maintained
in place continuously until stabilization is achieved per requirements
contained in the Stormwater Pollution Prevention Plan (SWPPP).
(4)
Removals shall take place during weekdays only from 7:30 a.m. to
5:00 p.m. excluding the following holidays: Christmas, New Year's
Day, Thanksgiving, Independence Day, Memorial Day and Labor Day.
(5)
On-site gravel and overburden will be utilized for all on-site construction
first, with excess material only being removed from the site.
(6)
Vehicular traffic should be limited to confined areas to avoid over-compaction
of potential recharge areas. Portions of these confined areas, which
are not directly beneath proposed buildings and/or driveways, shall
be adequately scarified to promote recharge. When reclaiming and/or
landscaping disturbed areas, only permeable soils shall be utilized.
Preventive measures must also be taken, per the SWPPP, to prevent
the migration of fine-grained materials during and after construction,
into the recharge areas. It is recommended that revegetation occur
soon after removal and grading in an ongoing and concurrent manner,
especially if the areas in question are not planned to be reclaimed
by construction in the very near future.
(7)
No on-site screening or crushing of materials shall be allowed without
express written authorization by the Planning Board. A detailed site
plan showing the locations and specifications of any such proposed
equipment shall be submitted to the Board in advance of considering
same.
(8)
The Planning Board may impose such conditions as they deem as prudent
and reasonable in order to protect the general welfare of the community
and quality of project proposed. The Planning Board may also retain
a landscape architect, professional engineer or other specialists
at the applicant's expense to assist in reviewing and monitoring such
projects.
(9)
A surety bond may be required by the Planning Board to adequately
cover the cost of reclamation, to remedy violations, and/or to repair
damage caused to local roads.
(10)
Topsoil sufficient for reclamation shall be stored in an approved
area on premises.
(11)
No on-site burial of any materials shall be allowed.
(12)
The processing of any materials (if so approved) shall be limited
to products produced on the premises.
(13)
Approvals may be withdrawn if any conditions of same are violated
after 30 days' written notice. Continuance of work after approvals
are withdrawn shall be a violation of Town Law.
A.
Setbacks. The minimum setback for all commercial excavation activities
shall be 200 feet from the property line unless the immediately adjacent
property is part of an existing Natural Resource Extraction Overlay.
B.
The Planning Board may impose conditions related to the following
as part of site plan review for commercial extraction activities:
(1)
Ingress and egress to public thoroughfares controlled by the Town
of Sand Lake;
(2)
Routing of mineral transport vehicles on roads controlled by the
Town of Sand Lake;
(3)
Requirements and conditions as specified in the permit issued by
the New York State Department of Environmental Conservation under
this title concerning setback from property boundaries and public
thoroughfare rights-of-way, natural or man-made barriers to restrict
access, if required, dust control and hours of operation, when such
requirements and conditions are established pursuant to Subdivision
3 of § 23-2711 of New York Environmental Law; and
(4)
Enforcement of reclamation requirements contained in mined land reclamation
permits issued by New York State.
A.
Applicability. The hamlet design guidelines are applicable to projects requiring site plan review located within the HMU and HC Zones. (See § 250-88 for activities exempt from site plan review.) The Planning Board shall ensure that these guidelines are applied wherever practicable during site plan review.
B.
Purpose. The purpose of the hamlet design guidelines is to:
C.
Site design guidelines.
(1)
Buildings should be located so as to contribute to an attractive,
safe streetscape, using the "Main Street" development patterns traditionally
found in hamlets throughout upstate New York. A successfully planned
site will accommodate automobile and pedestrian traffic equally, with
a visual focus on architecture and landscaping rather than parking.
(2)
The primary structures should be located as near as feasible (if
not directly adjacent) to the rear edge of the sidewalk along the
street, taking into consideration required setbacks, emergency vehicle
access, and vehicular sight lines (Figure 1).
(3)
No parking shall be located between the building and the street (Figure
1).
(a)
The area between the street and the building should be dedicated
to pedestrian facilities, not vehicular areas. This may include, but
not be limited to, landscape plantings, pedestrian facilities, outdoor
seating, outdoor retail areas, or similar public space.
(b)
Buildings can be located to accommodate some parking on the side. No more than 50% of the total parking should be located in the side yard. See § 250-46D(8) regarding visual buffers between side yard parking and the street.
 Figure 1
|
D.
Vehicle circulation. The goal of these guidelines relative to vehicle
circulation is to promote safety for both motorists and pedestrians
within parking areas, as well as reduce the need to re-enter the street
when traveling between adjacent lots.
(1)
Adjacent parking lots should be connected when feasible to minimize
the number of curb cuts on the street. Shared access to parking lots
between businesses is encouraged. Where no development is planned
in the adjacent lot, the site plan should indicate a potential connection
(Figure 1).
(2)
Parking lots shall be clearly demarcated with striping and/or curbs.
Avoid large expanses of unmarked pavement; paved areas should be clearly
delineated as parking areas, travel lanes, loading areas, or pedestrian
walkways (Figure 1).
(3)
No more than two parking lot access drives should be located along
the road frontage per lot.
(4)
The design and layout of access drives must conform to NYS DOT regulations
for entrance/exit drives located on state highways. The Planning Board
may require existing nonconforming entrance/exits to be brought into
compliance with current DOT regulations (Figure 1).
(5)
The sidewalk shall continue uninterrupted across driveways with minimal
surface grade change (Figure 1).
(6)
Handicapped accessible parking shall conform to the most recent ADA
guidelines for design, dimensions, and layout. Notwithstanding the
ADA requirements:
(a)
Handicapped-accessible entrances shall not be located in loading
or service entrances.
(b)
No less than two handicapped-accessible spaces should be provided
for all new parking areas, regardless of the total number of spaces
provided in the parking lot.
(c)
Handicapped-accessible parking spaces should be located no more
than 40 linear feet from a public entrance to the structure for all
new construction.
(7)
Travel lanes in parking areas should be designed with appropriate
dimensions and sight lines to promote vehicular safety.
(8)
Both internal and peripheral landscape plantings shall be included
in parking lots.
(a)
Parking lots should have a total of 10% landscaped area within
the interior of the lot (Figure 1).
(b)
Landscape islands which contain plant material that are completely
surrounded by pavement should have no dimensions less than nine feet.
(c)
Parking lots located in side yards shall be buffered from sidewalks,
when feasible, with landscaping and/or fencing, or a combination of
both.
[1]
This buffer should be maintained at a height of two feet to
four feet, and should be no less than five feet wide for buffers containing
landscape plantings (Figure 1).
E.
Pedestrian amenities. An important feature of traditional hamlets
is the inclusion of safe, attractive pedestrian amenities, both along
the street and within commercial lots.
(1)
The site layout shall include logical connections between public
sidewalks, building entrances, and parking areas. The need to walk
in vehicle-oriented areas, such as travel lanes in parking lots, entrance
drives, and loading areas, should be minimized or eliminated.
(2)
Pedestrian routes that pass-through vehicle areas shall be striped
as a crosswalk or the internal walkway material should be continued
flush with the parking area. The use of pedestrian crossing signs
within parking lots is encouraged.
(3)
Where possible, a four-foot-wide (minimum) grass strip between the
sidewalk and street should be included to buffer pedestrians from
traffic. Shade trees should be planted in this strip. If the inclusion
of this grass strip is not feasible due to the roadway configuration,
street trees should be planted within the front yard setback for the
lot (Figure 2).
 Figure 2
|
(4)
Walkways should be a minimum of five feet wide and shall be compliant
with the most recent ADA guidelines for design, material and layout.
(5)
The preferred walkway surface material is concrete paving or unit
pavers.
F.
Lighting. The goal of these guidelines is to encourage the use of
attractive, appropriately scaled lighting which does not contribute
to light pollution within the hamlet.
(1)
Light poles in parking areas shall not exceed 14 feet or the height
of the primary structure, whichever is less (Figure 3).
 Figure 3
|
(3)
Building-mounted lighting should enhance the architecture and signage.
(4)
To minimize off-site, upward light spillage, cut-off style luminaries
shall be used as a minimum.
(5)
The minimum light level necessary to promote safety should be used.
(6)
Avoid using high-pressure sodium lamps as a light source.
G.
Landscape plantings. The purpose of the following guidelines is to
require the use of healthy, attractive landscape plantings which will
contribute to the character of the hamlet. Landscaping plans submitted
for site plan review should take into account the following guidelines:
(1)
Landscaping should be integrated with site features such as architecture,
parking, and stormwater management areas on the property.
(2)
Plant material should be compatible with the site and the intended
design. Take into account factors such as mature plant size, soil
conditions, climate, vegetation purpose, location of overhead and
underground utilities, and local diseases and insects.
(3)
Adequate soil rooting volume shall be provided for the chosen vegetation
in areas to be planted. Include plant installation details with the
landscaping plan required for site plan review.
(4)
Use landscaping along building facades to soften architecture, especially
along portions of buildings without ground-floor display windows,
such as side and rear elevations. Locate street trees so that they
do not block views of important elements of commercial facades, such
as signs, entrances, or windows.
(5)
For plant materials in vehicular areas, such as parking lots, plant
material shall maintain the sight lines necessary for safe circulation.
Maintain a zone of clear visibility between three feet to eight feet
vertically from the ground.
(6)
A minimum branch height of eight feet shall be maintained from all
trees located along walkways, sidewalks, and streets to promote pedestrian
safety.
(7)
All measures shall be taken to save/relocate and preserve existing
trees.
(8)
A landscape maintenance agreement must be approved by the Planning
Board and filed with the Town Clerk.
H.
Utilities. Although the provision of outdoor utilities and trash
storage is a necessary part of many commercial operations, these features
should not detract from the appearance of the hamlet or the project
site.
(1)
Utilities, dumpsters, or loading areas shall not be visible from
the public right-of-way.
(2)
Roof- or building-mounted utilities shall be screened with parapets
or architectural elements.
(3)
Ground-mounted utilities and dumpsters shall be screened with solid
fencing and/or landscaping consistent with the architectural style
of the structure. The use of enclosed structures for trash storage
that complements the project architecture is encouraged.
(4)
Dumpsters should not be located within 20 feet of any property lines.
I.
Architectural guidelines.
(1)
Intent. The intent of the following guidelines is to insure that
building renovation and new construction preserve and reinforce the
architectural character of the hamlets. Trademark or chain architecture
which identifies an establishment by building design features may
have a negative impact on the community. The first priority of new
construction and renovations should be quality architecture; designs
shall not detract from the character of the hamlet. The guidelines
which follow apply to both the renovation of existing historic building
stock as well as new construction.
(2)
Guidelines for renovations. When previously residential structures
are converted to a primary commercial use, the renovation shall retain
the residential appearance of the structure. Elements such as windows,
entrances, awnings, signage, and materials should reflect the former
residential character of the building (Figure 4).
 Figure 4
|
(3)
Guidelines for new structures.
(a)
Style and character. The architectural design of new structures
shall complement the character of the hamlet. There are several historic
architectural styles located within the hamlet, including Colonial,
Greek Revival, and Victorian. In particular, architects should consider
the scale, height, rooflines, and material traditionally used in these
styles when designing new buildings, since they fit comfortably within
the hamlet context. Historically, hamlets have been home to residential,
commercial, and civic uses. The design of the structure should promote
a pedestrian friendly, visually appealing environment.
(b)
Facades. Facades should be articulated to reduce building scale,
and provide visual interest that is consistent with the hamlet character,
including smaller buildings, set close to the street whenever possible.
Further, these standards should be integral parts of the building
fabric, and not superficially applied trim, graphics, paint, etc.
[1]
The focal point of commercial ground-floor facades which face
public streets or parking areas should be display windows. Other features,
such as porches/arcades, entry areas, and landscaping, may supplement
the visual interest for these facades.
[2]
Ground-floor windows should promote building transparency. The
use of untinted glass is encouraged.
[3]
The design and materials of those elevations of the building
not facing public streets or parking areas shall be compatible with
the primary facade(s). Where the use of display windows, arcades,
entry areas, or other such features as used on the primary elevations
is not feasible, vegetation should be used to provide visual interest
along the facade.
[4]
All structures with more than one story should feature windows
on the second floor, as appropriate to the architectural style of
the building.
[5]
Entrances. Each principal building on a site should have clearly
defined, highly visible customer entrances featuring elements such
as, but not limited to: outdoor patios; raised cornice parapets over
the door; recesses/projections; peaked roof forms; arcades, canopies
or porticoes; arches, display windows; architectural details such
as tile work and moldings which are integrated into the building structure
and design; and integral planters or wing walls that incorporate landscaped
areas.
(c)
Signs. Notwithstanding the regulations of § 250-61, signs should take into account the following guidelines:
[1]
Signs should complement the building facade and/or site design.
[2]
Wall signs should reflect the color scheme and materials of
the building, rather than predetermined business colors.
[3]
Monument and pole-mounted signs should relate to the building
materials and style of the primary structure.
[4]
Signs for multiple businesses should be located on a shared
pole or monument sign.
[5]
The proportion of wall-mounted signs should relate to the building
facade; avoid simply using the largest sign allowed under zoning.
[6]
The use of simple signs with a limited color palette is encouraged.
[7]
Internally lit signs are discouraged. Externally lit signs should
not cause glare or upward light spillage.
[8]
The use of individually lettered signs installed directly on
the building face is encouraged.
(d)
Awnings. Awnings can provide visual interest and added function
to a building. Awnings extend business space past the front door and
over the sidewalk. This covered area is appropriate to display outdoor
merchandise or set up cafe tables.
[1]
Awnings should be associated with windows and entrance areas,
and should not be located on blank building facades.
[2]
Awnings should be made of fabric. Rigid plastic or metal awnings
are discouraged. Consider using retractable awnings.
[3]
Cloth awnings may utilize accent lighting such as lanterns,
small string lights, or up lights, provided that the lights are located
within the awning. This lighting should be for accent purposes only
and not create glare on the facade or street.
[4]
Colors should be consistent with the building facade.
[5]
Awnings should be functional and project an adequate distance
away from the building to provide pedestrians with protection from
the elements.
[6]
Awnings are another opportunity for sign placement.
[7]
Awnings must be maintained to preserve the look of the building.
(e)
Finish materials. Relate the material choice to the intended
style of the building.
[1]
The colors of the building should be consistent with the architectural
style and materials used, rather than predetermined business colors.
[2]
Preferred materials are durable, have aesthetic appeal, and
are associated with higher-quality architecture, including:
[a]
Brick, stone, glass, wood siding and trim, concrete
clapboard siding, concrete masonry units with a finished surface.
[b]
Materials to avoid or limit in use should be contained
to areas unlikely to receive up-close scrutiny, such as upper floors
or facades not visible from the public right-of-way. These include
vinyl/aluminum siding, synthetic stucco or exterior insulation and
finish systems (EIFS), plain (unfinished) concrete masonry units.
A.
A home-based business may be operated in a residential district only
if it complies with the following conditions. All home-based businesses
shall:
(1)
Be conducted by a resident of the lot;
(2)
Be compatible with the other uses allowed in the zoning district;
(3)
Maintain the character of the neighborhood;
(4)
Ensure the peace, privacy, quiet, and dignity of the area;
(5)
Avoid excessive noise, traffic, nuisance, fire hazard, and other
adverse effects of business uses; and
(6)
Be conducted within the residence of the property owner or within
the accessory buildings, and may include conducting of business off-premises
in such a way as to be clearly subordinate to a primary residential
use.
C.
Home-Based Business II.
(1)
Outdoor storage or work area shall not be located within 100 feet
of any property line and shall be screened from view of neighboring
properties and the public right-of-way.
(2)
No more than two nonresident employees shall be allowed.
(3)
No more than three home-based business-related vehicles and trailers
used for the operation of the home-based business shall be permitted
to be parked on the lot.
(4)
Off-street parking shall be provided in the side or rear yard. Such
off-street parking shall be located at least 25 feet from any side
or rear property line, shall be screened or fenced so as to not be
visible from adjacent properties and shall be so lighted that there
will be no direct light into adjacent properties or streets.
D.
Number. No dwelling shall include more than one home-based business.
A.
Minimum lot size. Kennels shall have a minimum lot size of five acres
in all zones.
B.
Performance criteria. Adequate landscaping and/or fencing shall be
provided to create a visual, sound, and odor buffer between such facility
and adjacent properties.
C.
Setbacks. All kennels with outdoor exercise pens or kennels shall
be located no closer than 300 feet to any adjoining property line.
A.
General. No lights shall be installed, located, or aimed so as to
cause a danger or hazard to public safety or nuisance.
B.
Spotlights shall be aimed and/or shielded to reduce glare and prevent
light trespass on to neighboring properties, the public right-of-way,
and water bodies.
C.
Light levels at property lines shall not exceed 0.2 footcandle.
D.
For commercial uses and structures, no light shall be emitted from
the source in an upward direction. All lights shall conform to the
standards for cutoff fixtures, as set by the Illuminating Engineering
Society of North America (IESNA).
A.
Multifamily dwellings which are converted from existing single-family
residences in any zone shall maintain the outward appearance of a
single-family residence.
B.
Multifamily dwellings which are new construction in the Commercial
Reuse Overlay Zone shall meet the following requirements:
C.
Multifamily dwellings with individual septic systems shall have 10,000
square feet added to the minimum lot size for each additional unit
over one dwelling unit.
D.
Multifamily dwellings with public or community sewerage and water
supply shall have 5,000 square feet added to the minimum lot size
for each additional unit over one dwelling unit.
E.
The minimum lot size for multifamily dwellings with three dwelling
units or more shall be:
(1)
One acre in the HMU and HC Zones.
F.
In the CR Overlay, multifamily dwellings with three dwelling units
or more shall not exceed a density of four dwelling units per acre.
A.
Off-street parking space shall be required as specified in the Off-Street
Parking Table[1], which is hereby made a part of this chapter.
(1)
In churches and other places of assembly in which patrons or spectators
occupy benches, pews or other similar seating facilities, each 20
inches of such seating facility shall be counted as one seat.
(2)
For uses not expressly listed in this section, parking spaces shall
be provided on the same basis as required for the most similar listed
use as determined by the Planning Board.
(3)
When determination of the number of required parking spaces results
in the requirement of a fractional space, any fraction up to and including
1/2 shall be disregarded and fractions over 1/2 shall require one
parking space.
(4)
Where occupant load is not definitive or seating is not clearly shown
on a building permit, the New York State Uniform Fire Prevention and
Building Code shall be used to determine occupant load.
[1]
Editor's Note: The Off-Street Parking Table is included as an attachment to this chapter.
B.
Maximum parking standards. The maximum number of off-street parking
spaces for any nonresidential use shall not exceed the maximum off-street
parking standards provided in the Off-Street Parking Table.
C.
Public or shared parking. The Planning Board shall have the authority
to vary the standards of the Off-Street Parking Table to allow public
or shared parking to be counted towards the minimum parking requirements.
In varying the standards, the Board shall have a reasonable basis
given the conditions and context of the proposed project, and shall
state the basis for the decision to allow public or shared parking
in the site plan approval.
D.
On-street spaces may be counted towards the total if on-street spaces
are located along the frontage of the property.
E.
Parking or storage of recreational vehicles, trailers or boats out-of-doors
in residential districts shall not be located within the front yard
setback and not within 20 feet of any property line.
F.
Overnight parking or storage out-of-doors of any commercial vehicle as defined in Article XXII, Definitions, of this chapter shall be prohibited in any front yard setback in residential districts.
G.
Off-street loading facilities shall be provided for each commercial
or industrial use and shall be so arranged as not to interfere with
pedestrian or motor traffic on the public street or highway. Any required
off-street loading berth shall have a clear area not less than 12
feet in width by 25 feet in length.
H.
Design and development standards for off-street parking. For uses in the HMU and HC districts where the hamlet design standards apply, the stricter standards of either this § 250-53 or § 250-46 shall apply.
(1)
Access, driveways and on-site location.
(a)
Parking areas, exclusive of driveways, shall not encroach within
15 feet of any public right-of-way.
(b)
For nonresidential uses, parking shall not be allowed within
15 feet of the front property line nor within 10 feet of the side
or rear property lines.
(c)
For nonresidential uses and multifamily uses, driveways shall
be set back a minimum of five feet from the side lot line.
(d)
Parking lot entrances and exits for off-street parking with
more than four spaces shall not be located within 50 feet of street
intersections. All points of ingress and egress shall have appropriate
signage unless deemed unnecessary by the Planning Board.
(e)
Parking aisles shall be located a minimum of 20 feet from the
intersection of the driveway approach and the street.
(f)
Where warranted by site topography, barriers or other safety
devices shall be incorporated into the design of the parking area.
(g)
All parking areas containing four or more parking spaces shall
include a turnaround that is designed and located so that vehicles
can enter and exit the parking area without backing out or backing
onto a public right-of-way.
(h)
Where appropriate, the Planning Board may require paved connections
between abutting parking areas in different ownerships to facilitate
traffic flow.
(i)
Shared access driveways between uses is preferred to eliminate
curb cuts.
(2)
Parking stall and aisle standards.
(a)
Handicapped accessible parking dimensional standards are as
set forth in the most recent edition of the New York State Uniform
Fire Prevention and Building Code.
(b)
The minimum standards of the Off-Street Parking Aisle and Stall
Dimension Table of this subsection shall apply to the width and length
of required parking spaces.
(c)
Parallel parking spaces stall lengths shall be 22 feet long.
(d)
Turn radii. The minimum allowable inside vehicle turning radii
for parking areas and driveways shall be 15 feet unless fire apparatus
access is necessary, in which case the turn radii shall be greater
as determined by the Fire Department.
|
Off-Street Parking Aisle and Stall Dimensions Table
| ||||
|---|---|---|---|---|
|
Parking Angle
|
Stall Length
|
Stall Width
|
Aisle Width
(One-Way)
(feet)
|
Aisle Width
(Two-Way)
(feet)
|
|
90°
|
18 feet
|
9 feet
|
24
|
24
|
|
60°
|
21 feet
|
10 feet 5 inches
|
18
|
24
|
|
45°
|
19 feet 10 inches
|
12 feet 9 inches
|
13
|
24
|
(3)
Materials. All drive and parking surfaces for multifamily and nonresidential
uses, except agriculture, shall be paved with a compacted macadam
base, not less than four inches thick, surfaced with an approved porous
pavement, asphaltic concrete or some comparable all-weather dustless
material designed to be pitched and drained to dispose of surface
water accumulation. The water shall not drain to adjoining property
unless part of an approved drainage plan. Parking for 10 vehicles
or more must provide adequate drains to storm sewers.
(4)
Landscaping and screening. Landscaping and screening of off-street
parking areas shall meet the following standards to provide visual
relief, shade, and separation of parking areas from public rights-of
way.
(a)
Applicability. For parking areas with 10 or more parking spaces,
the following standards shall apply.
(b)
Requirements.
[1]
A landscape strip of trees and shrubs shall be provided on the
property between the parking lot or access drive and the right-of-way.
The landscaped strip may not include any paved area except pedestrian
sidewalks or trails which cross the landscaped strip. Shrubs must
be maintained at a maximum height of 36 inches.
[2]
Landscaped areas covering a minimum of 5% of the total paved
area of the lot shall be provided.
[3]
Shade shall be provided for at least 20% of the paved parking
area using the following standard:
In the R and CRO Zones, outdoor storage areas or structures
dedicated to the storage of manure, fertilizer, and/or silage shall
be located a minimum of 100 feet from any property line.
A.
Minimum lot size. Outdoor firing ranges shall be permitted only on
lots of 100 acres or more.
B.
Maintenance of an outdoor firing range shall be in accordance with
the best management practices set forth by the United States Environmental
Protection Agency and shall minimize the potential for soil and water
pollution due to lead contamination. An environmental management plan
which demonstrates the application of best management practices shall
be part of the special use permit application for an outdoor firing
range. The format of the environmental management plan shall follow
the basic guidelines set forth by the US EPA in the guidance document
"Best Management Practices for Lead at Outdoor Shooting Ranges."
C.
The siting of outdoor firing ranges shall be so that the shot fall
area is not located on water bodies or wetlands and is contained wholly
on the lot.
A.
Purpose. It is the intent of this section to establish restrictions
upon the construction, installation and operation of outdoor wood
boilers within the limits of the Town of Sand Lake for the purpose
of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity of the Town and its inhabitants. It
is generally recognized that the types of fuel uses, and the scale
and duration of the burning by such boilers, create noxious and hazardous
smoke, soot, fumes, odors and air pollution, can be detrimental to
citizen's health, and can deprive neighboring residents of the enjoyment
of their property or premises.
B.
Permit required. No person shall cause, allow or maintain the use
of an outdoor wood boiler within the Town of Sand Lake without first
having obtained a permit from the Code Enforcement Officer.
C.
Specific requirements.
(1)
The outdoor wood boiler must be installed, operated and maintained
according to manufacturer's instructions. Installation must be inspected
by the Code Enforcement Officer prior to the issuance of an operating
permit.
(2)
The outdoor wood boiler shall only be fueled by seasoned clean wood
and wood pellets made from clean wood or other fuels specifically
permitted by the manufacturer.
(3)
Prohibited fuel types:
(a)
No person shall burn any of the following items in an outdoor
wood boiler: wood that does not meet the definition of clean wood,
unseasoned wood garbage, tires, yard waste, including lawn clippings,
materials containing plastic, materials containing rubber, waste petroleum
products, paints or paint thinners, household or laboratory chemicals,
coal, paper except that nonglossy, noncolored papers may be used to
start an outdoor wood boiler, construction and demolition debris,
plywood, particleboard, fiberboard, oriented strand board, manure,
animal carcasses and asphalt products.
(b)
No person shall cause or allow emissions of air contaminants
from an outdoor wood boiler to the outdoor atmosphere of a quantity,
characteristic or duration which is injurious to human, plant or animal
life or to property, or which unreasonably interferes with the comfortable
enjoyment of life or property. This prohibition applies, but is not
limited to, the following conditions:
(c)
The prohibition further applies to any particulate, fume, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others, emitted from an outdoor wood boiler that results in the conditions or circumstances listed in Subsection C(3)(b) notwithstanding the existence of specific air quality standards or emission limits.
(4)
The outdoor wood boiler must be equipped with a properly functioning
spark arrestor.
(5)
Setbacks.
(a)
Residential-size outdoor wood boilers.
[1]
Outdoor wood boilers shall have a minimum setback of 50 feet
from any residential unit.
[2]
The outdoor wood boilers shall be set back a minimum of 100
feet from any adjacent property line.
[3]
Notwithstanding the above, a residential-size new outdoor wood
boiler installed on contiguous agricultural lands larger than five
acres shall not be located less than 100 feet or more from the nearest
residence not served by the outdoor wood boiler.
(b)
Commercial-size outdoor wood boilers.
[1]
The outdoor wood boiler shall be set back a minimum of 200 feet
from the nearest property boundary line.
[2]
The outdoor wood boiler shall be set back a minimum of 300 feet
from a property boundary line of a residentially zoned property.
[3]
The outdoor wood boiler shall be set back a minimum of 1,000
feet from a school, public recreational use or park.
(7)
Any outdoor wood boiler damaged by natural causes by more than 75%
of its value shall not be repaired or rebuilt.
D.
Suspension of permit.
(1)
A permit issued pursuant to this chapter may be suspended as the
Town Code Enforcement Officer may determine to be necessary to protect
the public health, safety and welfare of the residents of the Town
of Sand Lake if any of the following conditions occur:
(a)
Violation cited by the New York State Department of Environmental
Conservation.
(b)
Malodorous air contaminants from the outdoor wood boiler are
detectable outside the property of the person on whose land the outdoor
wood boiler is located.
(c)
The emissions from the outdoor wood boiler interfere with the
reasonable enjoyment of life or property; cause damage to vegetation
or property; and/or are or may be harmful to human or animal health.
(2)
A suspended permit may be reinstated once the condition which resulted
in suspension is remedied and reasonable assurances are given that
such condition will not recur. Recurrence of a condition which has
previously resulted in suspension of a permit shall be considered
a violation of this chapter.
E.
Effect of other regulations. Nothing contained herein shall authorize
or allow burning which is prohibited by codes, laws, rules or regulations
promulgated by the United States Environmental Protection Agency,
New York State Department of Environmental Conservation, or any other
federal, state, regional or local agency. Outdoor wood boilers and
any electrical, plumbing or other apparatus or device used in connection
with an outdoor wood boiler shall be installed, operated and maintained
in conformity with the manufacturer's specifications and any and all
local, state and federal codes, laws, rules and regulations. In case
of a conflict between any provision of this chapter and any applicable
federal, state or local laws, laws, codes, rules or regulations, the
more restrictive or stringent provision or requirement shall prevail.
A.
Portable storage containers and dumpsters may be temporarily located
on a lot of record as part of a temporary storage solution for up
to 30 days without obtaining a temporary use permit. Portable storage
containers and dumpsters shall not include tractor trailers or other
vessels with other traditional uses.
B.
A temporary use permit shall be required from the Code Enforcement
Officer for the location of a portable storage container or dumpster
on a lot of record for more than 30 days which can be renewed up to
two times within a twelve-month period.
C.
Exemption. Dumpsters used for multifamily dwelling units and nonresidential
uses as a trash receptacle for the regular disposal of trash collected
by a garbage and recycling collection service shall not be considered
temporary and no permit is required. However, such dumpster shall
not be located in the front yard and shall be screened from the public
right-of-way with landscaping or fencing.
A.
Applicability. The professional/residential overlay design guidelines
are applicable to all site plan review projects located within the
CR Overlay Zone which shall extend 250 feet perpendicular from the
center line of Routes 43 and 150, as indicated on the Official Zoning
Map.
B.
Purpose. Recognizing that areas along Routes 43 and Route 150 in
Sand Lake are in transition, experiencing increasing traffic volume,
and may no longer be desirable for residential uses, the CR Overlay
is intended to make a provision for limited commercial development
within existing structures, while maintaining residential character.
As such, the overlay allows small-scale businesses, such as offices
and home-based businesses, which can be located in residential existing
structures and blend with existing residential character. The purpose
of the Commercial Reuse Overlay guidelines is to:
(1)
Establish standards for commercial uses so they will not infringe
on the privacy of residential neighbors or their quiet and peaceful
enjoyment of their property.
(2)
Promote development patterns which accommodate limited commercial
uses in a manner which is wholly consistent with, and enhances the
character of, the surrounding residential premises.
(3)
Minimize impacts to traffic, visual resources, and community character
which may result in the conversion or establishment of professional
uses in a residential area.
C.
Site guidelines.
(1)
Parking. All parking shall be located at the side or rear of the
building. No parking is allowed in front of buildings. Parking layout
shall allow cars to turn around, to prevent vehicles from having to
back out onto the road (Figure 5).
 Figure 5
|
(2)
Landscaping. The front yard setback shall be maintained as a landscaped
area.
(3)
Signage. No internally lit signs are allowed. The use of wood, wood-appearance/composite
signs is encouraged.
(4)
Site and building lighting.
(a)
Light fixtures should be residential scale.
(b)
Pole height is to be no higher than 12 feet, not including the
height of the luminaire.
(c)
One light is permitted at the driveway, and the minimum number
of fixtures necessary to promote safety should be used at parking
areas and building entrances.
(d)
All lights shall be shielded and directed to prevent light trespass
onto neighboring properties and the public right-of-way.
(e)
Luminaires shall conform to the Illuminating Engineering Society
of North America standards for cutoff fixtures.
(5)
Vehicle circulation. One driveway shall be permitted per lot. Driveways
should resemble residential driveways in design and construction and
should be no greater than 14 feet wide.
(6)
Outdoor storage/display. No outdoor display of goods or outdoor storage
of equipment or materials shall be permitted in the front yard of
the premises. Such goods, equipment or materials may be displayed
or stored elsewhere on the property if appropriately covered by a
structure and/or screened by a fence or natural vegetation, provided
that any such outdoor storage does not occur within 50 feet of adjacent
residential premises.
D.
Architectural guidelines. At a minimum, all structures shall complement
the residential character of the area. It is encouraged that all buildings
should resemble residential structures.
(1)
Renovations. Renovations of existing residential buildings shall
retain the residential character and shall not introduce features
which are associated with commercial uses, such as merchandise display
windows (see Figure 6).
 Figure 6
|
(2)
Style. Existing residential architecture should form the reference
point for new construction. Preferred architectural styles include
Colonial, Victorian, Craftsman, Greek Revival, and Cape Cod.
(3)
Scale. The form and massing of large expansions should be broken
up to reduce the scale of the structure (see Figure 7).
 Figure 7
|
(4)
Rooflines. Flat roofs are discouraged, while sloped and gabled rooflines
are encouraged (see Figure 7).
(5)
Windows, entrances, and porches should be residentially scaled and
in proportion to the proposed facade renovation or expansion.
(6)
Finish materials. Relate the material choice to the intended style
of the building.
(a)
The colors of the building should be consistent with the architectural
style and materials used, rather than predetermined franchise colors.
(b)
Preferred materials are durable, have aesthetic appeal, and
are associated with residential architecture, including wood siding,
concrete clapboard siding, brick, stucco, and stone.
(c)
Vinyl/aluminum siding is discouraged. Synthetic stucco, exterior
insulation and finish systems (EIFS) and plain (unfinished) concrete
masonry units are not permitted finish materials.
A.
A recreational vehicle intended for portable temporary housing of
guests or occupants may be used for living, sleeping or housekeeping
purposes when parked or stored on a residential lot for up to 30 consecutive
days within a twelve-month period. There shall be no fee charged for
such occupancy.
B.
A recreational vehicle may be used for temporary housing of the owner
of the lot on which a residential dwelling is being constructed in
conjunction with a valid building permit.
C.
Recreational vehicles on undeveloped lots.
(1)
A limit of one recreational vehicle shall be permitted on an undeveloped
lot for a period of up to 30 days within a calendar year with a temporary
use permit.
(2)
A temporary use permit for the temporary use of a recreational vehicle
as described in this section must be issued by the Code Enforcement
Officer. In considering a temporary use permit application, the Code
Enforcement Officer may take into consideration the following:
A.
Minimum lot size. Restaurants located in the RR and AR Zones shall
have a minimum lot size of five acres.
B.
Preexisting restaurants. The use of a lot as a restaurant at the
time of adoption of this Zoning chapter located in the RR, AR or R
zone shall be considered a lawfully permitted use for purposes of
this Zoning chapter.
A.
General regulations. The following regulations shall apply to all
permitted sign uses:
(2)
Permit required. Except as specifically exempted or prohibited herein,
it shall be unlawful for any person to erect, construct, enlarge,
move or convert any sign in the Town or cause the same to be done
without first obtaining approval for each sign.
(a)
These directives shall not be construed to require any permit
for a change of copy of any sign, provided that the person, place,
establishment, business or service identified remains the same, nor
the repainting, cleaning, and/or normal maintenance or repair of the
sign or sign structure for which a permit has previously been issued,
so long as the sign or the sign structure is not modified in any way.
(b)
In addition to the requirements of this section, signs in the Hamlet Mixed-Use and Hamlet Commercial zones must also comply with the requirements of § 250-46I(3)(c), and signs in the Commercial Reuse Overlay Zone must also comply with § 250-58C(3).
(3)
Signs must be constructed of durable materials, maintained in good
condition and not allowed to become dilapidated.
(4)
Signs, other than an official traffic sign, shall not be erected
within the right-of-way lines of any street or highway, nor project
beyond the authorized property lines.
(5)
No sign shall be permitted which causes a traffic, health or safety
hazard or creates a nuisance due to its placement, display or manner
of construction. No sign shall be located so as to obstruct views
of traffic.
(6)
Measurement of sign display area.
(a)
The area of a sign shall be measured from the outer dimensions
of the frame, trim, or molding by which the sign is enclosed, where
such features exist, or from the outer edge of the signboard where
none exist.
(b)
When a sign consists of individual letters, symbols or characters,
or where the overall shape of the sign is irregular, the area shall
be computed as the area of the smallest rectangle which encloses all
of the letters, symbols, characters or sign area (see Figure 8).
 Figure 8
|
(c)
Except as may otherwise be specified in this section, the size
of double-faced signs shall be the sum of both sides.
B.
Exempt signs. The signs which follow are allowed in all zones and
do not require the issuance of a sign permit.
(1)
Home-Based Businesses I and II. One nonilluminated sign not to exceed
six square feet of sign area showing the name and address of the permitted
home-based business of the resident of the premises. In the case of
a corner lot, such sign shall be located on the principal street frontage.
(2)
Temporary signs, including, but not limited to, those associated
with real estate sale/rental, garage/yard/estate sales, contractor/artisan
work on site, banners not located in the public right-of-way, or political
signs, shall be permitted. Signs shall be nonilluminated and shall
not exceed six square feet in area. Temporary signs must be removed
within seven days of the termination of the event or function associated
with the sign.
(3)
Mobile home court. One nonilluminated sale or rental sign not to
exceed 12 square feet of sign area.
(4)
Signs required by law, such as motor vehicle repair registration
numbers, vehicle dealership registration numbers, etc.
(5)
Residential identification or street number identification and house
number identification not to exceed five square feet.
(6)
Historical site markers.
(7)
"No Trespassing" signs and "Posted" signs ("No hunting, fishing or
trapping").
(8)
Governmental signs.
(9)
Off-premises directional signs, not to exceed three square feet.
One sign shall be allowed, limited to the name and address of the
premises to which the sign is directed. The permission of the owner
or resident of the off-premises site must be secured prior to erecting
the sign. The sign must direct towards a premises not located on a
state or county highway.
(10)
Hours of operation signs. "Open," "Closed," and hours-of-operation
signs, not to exceed two square feet.
(12)
Multiple non-window temporary signs located on a business premises
advertising daily, weekly or similar on premise special sales or events,
such as banners, posters or flyers, except that such signs shall not
exceed six square feet in total, and shall be securely fastened, affixed
or placed so as not to become litter, and must be removed immediately
upon expiration.
(13)
Notwithstanding Subsection C(1) below, a temporary sign advertising a special event placed by an individual or a public service, not-for-profit or similar noncommercial entity may be placed on the lands of another with the permission of such landowner. Any such temporary sign may not be erected more than 10 days prior to such event, must contain the date and location of the event, must be removed within one day of the end of the event, and shall be constructed of durable material.
C.
Prohibited signs.
(1)
Signs advertising functions, uses, products or services not pertaining
to the premises on which they are located and mobile advertising or
attracting devices shall not be permitted in any residential district.
(2)
Abandoned signs.
(3)
Roof signs.
(4)
Vehicular signs as defined in this chapter.
(5)
Projecting signs that project more than four feet from the structure
to which they are attached. A projecting sign is a sign mounted on
a building at a right angle to the building.
(6)
Animated signs.
(7)
A-frame or sandwich board signs that are left in place permanently.
(8)
Any sign, permanent or temporary, placed on any curb, sidewalk, hydrant,
utility pole or tree, or in any public road right-of-way, without
express written consent of the governmental unit controlling the right-of-way,
curb, sidewalk, or hydrant and/or the utility owning such pole or
of the owner of the land upon which such tree may be located, and
any and all such signs shall also require a permit from the Planning
Board.
(9)
Any sign erected or maintained which might be confused with any traffic
control device or which might interfere with the vision or discernment
of any traffic sign or which might cause danger to public travel.
(10)
Billboards and off-premises signs, excluding off-premise directional signs described in Subsection B(9) above.
(11)
Electronic message centers (EMCs).
D.
Signs that require a permit. The signs listed below require a permit
from the Planning Board prior to installation, the size and number
of permitted signs shall be as follows:
(1)
Permanent subdivision development signs. Signs advertising the subdivision
or development of a tract of land may be erected upon the tract by
the developer, builder, contractor or owner, and are allowed in all
districts. The size and design of such sign is subject to review and
approval of the Planning Board.
(2)
Banners in the public right-of-way. Banner signs which are located
partially or wholly in the public right-of-way require a permit. The
terms of approval for banners shall state the time period during which
the sign shall be displayed as well as the approval of any applicable
state or county agencies (such as New York State Department of Transportation)
regarding the placement and installation of the banner.
(3)
In the Residential, Agricultural/Residential, Rural Residential,
and Commercial Reuse Overlay Zones, one building or one freestanding
sign shall be permitted accessory to a legal commercial use, provided
such sign does not exceed 12 square feet in area. Any freestanding
sign shall not stand any higher 12 feet.
(4)
In the Hamlet Commercial or Hamlet Mixed-Use Zones, two signs are
permitted, with the total shared area of signage not to exceed one
square foot per linear foot of building frontage, up to a maximum
of 125 square feet. The size of a single sign shall not exceed 75
square feet. The height of the sign shall be no higher than the principal
building to which it is accessory, or 12 feet, whichever is less.
(5)
In the case of two or more businesses which have been developed in
a single building or as an integrated whole on one site, one wall
sign for each business is permitted, but only one freestanding sign
is allowed. The owner of such real property or business may elect
how the allowable signage is allocated among the various businesses
with a maximum of 1/2 square footage per linear footage of total business
frontage.
(6)
In all districts, where the principal building is located with frontage
on more than one street or public highway, one building sign or one
projecting sign or one freestanding sign facing each street may be
permitted.
E.
Illumination.
(1)
All illuminated signs permitted pursuant to this chapter shall comply
with the following requirements:
(a)
Illumination of signs is permitted only in an HMU and HC Zone.
(b)
Signs that have external illumination, whether the lighting
is mounted above or below the sign face or panel, shall have lighting
fixtures or luminaires that are fully shielded.
(c)
Illuminated signs must not exceed a maximum luminance level
of 750 cd/m2 from at least one-half hour
before sunset until sunrise. Higher luminance levels are permitted
during daytime hours, when required or appropriate to maintain legibility.
(d)
No flashing, nonconstant or moving light sources shall be permitted
or constitute a part of any sign, with the exception of highway signs.
(e)
External light sources shall be directed so that they do not
produce glare off the site, on an object other than the sign.
F.
Window signs. A regulated window sign is one that includes any writing
(letter, words, or numerals), is located on the outside or within
four feet of the inside of a window, and is plainly visible from the
exterior of the building. No permit from the Planning Board is required,
unless noted; however, the following applies:
(1)
Window coverage. A maximum area of 20% of any single window may be
used for temporary and/or permanent window signs, but not to exceed
50 square feet of total window area. Flashing, moving or shimmering
signs, lights or advertising devices are prohibited.
(2)
Exceptions to window coverage limit. The following exceptions are
permitted to exceed the 20% maximum coverage of a window:
(a)
Permanent window signs, subject to the following regulation:
[1]
Open/closed sign: a maximum of two square feet is allowed, one
sign per street elevation is allowed.
[2]
Information sign: for posting of days and hours of operation,
building or tenant address, phone numbers, accepted credit cards:
a maximum of two square feet is allowed on or adjacent to the entrance
door.
(b)
Temporary window signs. An additional 10% window area coverage
is granted for community event signage and political election signs.
Under no circumstance shall more than 30% of a window area be covered
with signage.
[1]
Local community events. A sign for a community event or to benefit
a public or quasi-public organization may be displayed once per street
elevation for a maximum of 30 days prior to the event and shall be
removed within seven days following said event.
[2]
Political election signs. Political election signs may be displayed
for a maximum of 60 days prior to the election and shall be removed
seven days following such election.
(3)
Permanent window signs, subject to the following regulation:
(a)
Window signs shall consist of individual letters, logos, or
symbols applied to, stenciled on, or etched into the glass surface;
however, lighted signs with transparent backgrounds may be hung inside
the window glass.
(b)
No such sign shall be displayed more than once per elevation
(north, south, east, and west). In special cases a variation to allow
redundancy may be requested through the Planning Board, permit required.
(c)
All such signs are allowed to be illuminated, with the light
source concealed from public view.
(d)
A maximum of 8% of a window area or 20 square feet, whichever
is less, may be internally illuminated, including exposed neon signs.
(e)
All electrical signs shall utilize UL-approved electrical elements
and shall be subject to the National Electrical Code.
(4)
Temporary window signs include: promotional/sales signs; community
event posters; "Help Wanted"/"Now Hiring" signs; real estate/rent/leasing
signs; political election signs; holiday signs (patriotic or religious).
(a)
No such sign, other than leasing or "For Rent" sign, shall be
displayed for more than 30 days.
(b)
The first day on which a sign is displayed shall be printed,
inscribed or otherwise permanently marked upon the lower right corner
of the sign in print that can be read through the window from the
adjacent public way or sidewalk. It is unlawful to display any such
sign without such inscription.
(c)
No such sign shall be displayed more than once per elevation
(north, south, east, and west).
(d)
No such sign shall be illuminated.
(e)
No such sign shall be placed in any manner to the glass surface
of the exterior of a structure.
(f)
Holiday decorations are exempt from these regulations.
(5)
Second-floor windows, subject to the following regulations:
(a)
Window signage is prohibited in the second floor windows and
other window areas that are predominately above eye level of the passerby.
(b)
A second floor retail business, if not occupying any first floor
space, may install one window identification sign above the first
floor if no other exterior sign has been granted for this use or tenancy,
and provided further that the sign shall not cover more than 15% of
the window area and shall not be internally illuminated.
G.
Temporary advertising devices. Temporary advertising devices, including,
but not limited to, inflatables, banners, feather pennants, ribbons
or streamers, may be employed on an occasional or temporary basis
for up to 30 days, with the issuance of a temporary sign permit, to
call attention to special business or related events and shall be
removed within seven days of an event, as applicable. Only one such
device shall be allowed per business.
H.
Materials and appearance. For all permitted signs, the sign material,
color, design, and aesthetics shall match or complement the overall
design scheme of the primary structure and character of the neighborhood
to the greatest extent possible.
I.
Sign removal.
(1)
Any new sign or temporary sign which does not comply with the regulations
established pursuant to this chapter or which permit is revoked or
which is deemed to be an abandoned sign; or which is not maintained
in good and complete condition with lettering and graphics clean,
legible, in true alignment and finishes in good repair, is prohibited
and shall be brought into compliance.
(2)
The business, property and/or sign owner of any noncomplying sign
shall be in violation until such sign(s) are removed or repaired.
The Town may, with 10 days' prior written notice to the property and/or
sign owner(s), remove such sign without further notice or further
proceedings at the expense of the property and/or sign owner.
(3)
In the case of an unsafe sign which, in the opinion of the Code Enforcement
Officer, is an immediate peril to persons or property, the Code Enforcement
Officer may order and arrange for the removal of such sign, without
notice to the owner thereof.
(4)
The expense of removal may be recovered by the Town in an action
instituted in a court having competent jurisdiction.
J.
Nonconforming signs.
(1)
This section is intended to encourage the elimination of signs which
do not comply.
(2)
A nonconforming sign may be continued if it is maintained in good
condition. It shall not, however, be replaced with another nonconforming
sign. It shall not be structurally altered so as to prolong the life
of the sign. It shall not be reestablished after damage or destruction
if the Code Enforcement Officer determines that the estimated cost
of reconstruction exceeds 50% of the estimated replacement cost. However,
it may be replaced if intentionally damaged or destroyed by person(s)
who are proven to be unconnected to the owner(s) of the sign.
(3)
An unsafe or abandoned sign is declared a public nuisance, which
shall be abated by the owner within 60 days of receiving notice from
the Code Enforcement Officer. After 60 days the sign may be removed
by the Code Enforcement Officer. The expense of removal may be recovered
by the Town in an action instituted in a court having competent jurisdiction.
A.
A solar energy system accessory to a principal use and does not meet
the definition of a solar energy production facility, which is not
located on the roof or walls of a building (i.e., ground-mounted solar
collectors) shall meet the following setbacks:
(1)
Side setback: 10 feet from side property lines.
(2)
Rear setback: 10 feet from rear property lines.
(3)
Corner lot side yard: on the side fronting a public right-of-way,
the setback shall be the same as the front yard setback for the principal
building.
(4)
Front yard setback: the same as for the principal building.
B.
Solar energy systems which are not located on the roof or walls of
a building (i.e., ground-mounted) shall be screened from the view
of the public right-of-way and shall not obstruct or otherwise impede
the scenic views from existing buildings on neighboring properties.
Screening shall be comprised of berms, fencing or landscaping that
retains its ability to screen in the winter such as evergreen or fir
trees.
A.
Applicability. This section applies to the siting of large-scale,
ground-mounted solar energy installations which may be installed as
a principal use on a lot as permitted in certain zoning districts
or as an accessory use to another principal use.
B.
Lot dimensional requirements. Notwithstanding the lot development standards of the Dimensional Table of this Chapter 250,[1] the following standards shall apply for principal use
large-scale solar energy production systems.
C.
Site plan review additional information. In addition to the information required for site plan review in Article IX, the following additional information shall be required:
(1)
Blueprints or drawings of the solar energy system showing the proposed
layout of the system, any potential shading from nearby structures,
the distance between the proposed solar collector and all property
lines and existing on-site buildings and structures, and the tallest
finished height of the solar collector.
(2)
Documentation of the major system components to be used, including
the panels, mounting system, and inverter.
(3)
Name, address, and contact information for proposed system installer.
(4)
Documentation of actual or prospective access and control of the
project site sufficient to allow for construction and operation of
the proposed solar energy system.
(5)
An operation and maintenance plan which shall include measures for
maintaining safe access to the installation, stormwater controls,
as well as general procedures for operational maintenance of the installation.
(6)
Proof of liability insurance.
(7)
Utility notification. No grid-intertied photovoltaic system shall
be installed until evidence has been given to the Planning Board that
the owner has submitted notification to the utility company of the
customer's intent to install an interconnected customer-owned generator.
(8)
A decommissioning plan. To ensure the proper removal of large-scale ground-mounted solar energy production facility, a decommissioning plan shall include the requirements of Subsection E below and specify that after the large-scale solar energy production facility can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution. Removal of the large-scale solar energy production facility must be completed in accordance with the decommissioning plan.
(9)
Financial surety. Applicant shall provide a cost estimate detailing
the projected cost of executing the decommissioning plan prepared
by a professional engineer or contractor, as well as the manner in
which the surety will be held pending the final decommissioning and
removal.
D.
Additional development standards.
(1)
Lighting. Lighting of large-scale ground-mounted solar energy production
facility shall be consistent with local, state and federal law. Lighting
of other parts of the installation, such as appurtenant structures,
shall be limited to that required for safety and operational purposes,
and shall be reasonably shielded from abutting properties. Where feasible,
lighting of the solar energy system shall be directed downward and
shall incorporate full cut-off fixtures to reduce light pollution.
(2)
Signage. Signs on a large-scale ground-mounted solar energy production
facility shall comply with the signage requirements of this chapter
and shall be required to identify the owner and provide a twenty-four-hour
emergency contact phone number. Solar energy systems shall not be
used for displaying any advertising except for reasonable identification
of the manufacturer or operator of the solar energy system.
(3)
Utility connections. Reasonable efforts, as determined by the Planning
Board, shall be made to place all utility connections from the solar
energy installation underground, depending on appropriate soil conditions,
shape, and topography of the site and any requirements of the utility
provider. Electrical transformers for utility interconnections may
be above ground if required by the utility provider.
(4)
Emergency services. The large-scale ground-mounted solar production
facility owner or operator shall provide a copy of the project summary,
electrical schematic, and site plan to the local Fire Chief. Upon
request, the owner or operator shall cooperate with local emergency
services in developing an emergency response plan. All means of shutting
down the solar energy system shall be clearly marked. The owner or
operator shall identify a responsible person for public inquiries
throughout the life of the installation.
(5)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of a large-scale ground-mounted solar energy production facility or otherwise prescribed in Chapter 218, Stormwater Management and Erosion and Sediment Control, of this Code and applicable laws, regulations, and ordinances.
(6)
Solar energy production facility installation conditions. The large-scale
solar energy production facility owner or operator shall maintain
the facility in good condition. Maintenance shall include, but not
be limited to, painting, structural repairs, and integrity of security
measures. Site access shall be maintained to a level acceptable to
the local Fire Chief. The owner or operator shall be responsible for
the cost of maintaining the solar energy production facility and any
access road(s), unless accepted as a public way.
E.
Abandonment or decommissioning.
(1)
Removal requirements. Any large-scale ground-mounted solar energy
production facility which has reached the end of its useful life or
has been abandoned shall be decommissioned within 12 months after
the date of discontinued operations. Decommissioning shall include
the following activities:
(a)
Physical removal of all solar energy systems, structures, equipment,
security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize
erosion. The Code Enforcement Officer may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the large-scale ground-mounted
solar energy production system shall be considered abandoned when
it fails to operate for more than one year without the written consent
of the Planning Board. If the owner or operator of the solar energy
system fails to remove the installation in accordance with the requirements
of this section within 150 days of abandonment or the proposed date
of decommissioning, the town retains the right, after the receipt
of an appropriate court order, to enter and remove an abandoned, hazardous,
or decommissioned large-scale ground-mounted solar energy system.
(3)
As a condition of site plan approval, the applicant and landowner
shall agree to allow entry to remove an abandoned or decommissioned
installation.
Private swimming pools may be erected in all districts provided
they conform to all state laws and regulations and the following provisions:
A.
Pools may be installed only as accessory to a residence(s) for the
private use of the owners or occupants of such residence and their
families and guests, or as an accessory use to a primary lodging use.
B.
Subject to approval. No work shall be commenced on the construction
or installation of any swimming pool, including any excavation or
removal of sand, gravel, topsoil or other materials, until and unless
the plans and specifications have been approved and a building permit
has been issued by the Code Enforcement Officer.
C.
Pools and pool equipment shall be installed in compliance with the
setbacks for accessory structures of this chapter.
D.
Pools shall be completely surrounded by a substantial fence. Such
fence shall be in conformity with all New York State and local rules
and regulations.
E.
Pools may not be located between the building line and the street.
A.
Siting. New telecommunications facilities may be located on public
or private land; however, where technically feasible, they should
be sited on existing telecommunications facilities or utility distribution
lines or properties of the Town of Sand Lake designated for such use
in order to preserve the aesthetic and scenic value of the Town.
B.
Additional special use permit requirements. Applicants for a special
use permit to place, construct or modify personal wireless telecommunications
facilities within the Town of Sand Lake shall submit the following
additional information to the Planning Board for its referral to a
professional engineer or consultant for review and recommendation:
(1)
Visual environmental assessment report and landscaping plan, including
appropriate modeling and photography assessing the visibility from
key viewpoints identified in the visual assessment, existing tree
lines and proposed elevations.
(2)
Preliminary report prepared by a licensed professional engineer describing:
(a)
Feasibility of co-location on existing structures and telecommunications
facilities.
(b)
Applicant's full map and grid coverage in the Town of Sand Lake
and adjoining towns.
(c)
Surrounding topography and relation to line of sight transmission.
(d)
Available road access, electric power and land-based telephone
lines and/or microwave link capability.
(e)
Required improvements or construction activities, including
those within the public right-of-way or lands owned or controlled
by the Town of Sand Lake.
(f)
Identity of location, ownership and usage of currently existing
telecommunications facilities within the Town of Sand Lake and adjoining
towns.
(g)
Plans for construction of telecommunications accessory equipment
building or structure and landscaping plan.
(h)
Proposed mitigation measures for visual impacts.
(i)
Proposed safety measures.
(j)
Compatibility with existing telecommunications networks, and
public safety.
(k)
Emergency networks, such as fire, ambulance, police and 911.
(3)
In the case of an application for a telecommunications tower, additional
information shall be provided describing the telecommunications tower
height and design, foundation, including a cross section of the structure;
the telecommunications tower's compliance with applicable structural
standards; the telecommunications tower's capacity, including the
number and type of telecommunications antennas it can accommodate
and the basis of calculation of capacity.
(4)
In the case of a telecommunications antenna mounted on an existing
structure, additional information shall be provided, indicating the
existing structure's suitability to accept the telecommunications
antenna; the proposed method of affixing the telecommunications antenna
to the structure; and complete details of all fixtures and couplings,
and the precise point of attachment shall be indicated.
(5)
Demonstration of need for proposed telecommunications facility showing
the impracticality of upgrading or expanding an existing site within
the Town of Sand Lake and adjoining towns.
(6)
Demonstration that the proposed site is the most appropriate available
site, based on technological feasibility, for the location of the
cellular telephone facility.
(7)
Inventory of existing telecommunications facilities within the Town
of Sand Lake and adjoining towns outlining opportunities for shared
use as an alternative to the proposed use. The applicant must demonstrate
that the proposed telecommunications tower or telecommunications antenna
cannot be accommodated on an existing approved telecommunications
tower or facility within the Town of Sand Lake and adjoining towns.
(8)
Description of the applicant's five-, ten-, and fifteen-year projections
for market demand, expected technological developments and long-range
facility expansion needs within the Town of Sand Lake and adjoining
towns.
(9)
Proof of certified mail announcements to all other telecommunications
providers in the area declaring the applicant's sharing capabilities
and/or siting needs.
(10)
A map showing the location of the premises for which the permit
is sought and a sketch plan showing all features of the facility necessary
for providing road access, electrical service, land-based telephone
line connection and/or microwave link capability within the property
boundaries of the proposed location.
(11)
In the case of an application for a telecommunications antenna
or tower to be located on lands owned by a party other than the applicant
or the Town, a copy of the lease agreement with the property owner
shall be provided to the Planning Board.
(12)
Such other information as may be required by the Planning Board
or its engineer.
C.
General requirements.
(1)
Separation distance. Telecommunications facilities shall be separated
from all residential dwellings and building sites by a distance of
500 feet or 1.5 times the height of the tower, whichever is greater.
(2)
All telecommunications accessory structures shall comply with zoning
setback regulations in the affected zone. In any event, a telecommunications
tower shall be set back a distance at least equal to its height. Additional
setbacks may be required by the Planning Board in order to provide
for the public safety.
(3)
Minimal visual impacts. All telecommunications towers and telecommunications
antennas shall be sited and surrounded by wooded areas so as to have
the least possible practical visual effect on the environment.
(4)
Lighting. Telecommunications towers shall not be artificially lighted
unless otherwise required by the Federal Aviation Administration or
other federal, state or local authority.
(5)
Material and paint. Telecommunications towers and telecommunications
antennas shall be of a galvanized finish, or painted gray above the
surrounding tree line and gray or green below the tree line; the mountings
of telecommunications antennas shall be nonreflective and of the appropriate
color to blend with their background.
D.
Screening.
(1)
Vegetative screening. The following vegetative screening shall be
provided: one row of native evergreen shrubs or trees capable of forming
a continuous hedge at least eight feet in height within two years
of planting shall be provided to effectively screen the telecommunications
tower base and accessory facilities. Additional screening may be required
by the Planning Board to screen portions of the telecommunications
tower from nearby residential property or important views.
(2)
Architectural screening. Creative design measures to camouflage facilities
by integrating them with existing buildings and among other existing
uses are preferred.
E.
Height. The size of telecommunications sites shall be limited to
the minimum required to provide the proposed area telecommunications
services.
F.
Access road. Existing roadways shall be used for access to the site
whenever possible.
G.
Telecommunications accessory structures. Telecommunications support
facilities such as vaults and equipment rooms, utilities and other
support structures shall be screened, placed underground, depressed,
earth-bermed or sited below the ridgeline to the greatest extent feasible,
particularly in areas of high visibility.
H.
Telecommunications antennas. Due to their high visibility, dish and
parabolic telecommunications antennas shall not be used when overland
connections are possible. If dish and parabolic antennas are required,
they should be located at as low an elevation as possible without
compromising the function of the device, preferably on the sides of
buildings or ground-mounted on slopes below the ridgeline wherever
possible, rather than elevated on telecommunications towers. Microwave
and satellite dishes shall be of mesh construction wherever possible.
I.
Utility service. Electrical and land-based telephone utilities extended
to service telecommunications sites shall be underground.
J.
Security provisions. Each site shall have a security program, including
physical features such as fencing, anticlimbing devices or elevating
ladders on the telecommunications towers and/or monitoring either
by staff or electronic devices, to prevent unauthorized access and
vandalism.
K.
Safe zone. Telecommunications towers shall be designed so that in
the event of failure they will fall within the setback area of the
site and/or away from adjacent property.
L.
Noise. Noise-producing equipment and towers shall be sited, constructed
and/or insulated to minimize noise impacts on adjacent properties.
M.
Annual inspection and report. Telecommunications towers over 100
feet in height, including towers existing on the effective date hereof,
shall be inspected annually by a licensed professional engineer, or
at any other time upon a determination by the Town's Code Enforcement
Officer that the telecommunications tower may have sustained structural
damage, and a copy of the inspection report shall be submitted to
the Town Code Enforcement Officer.
N.
Removal. All telecommunications facilities, including, but not limited
to, antennas, towers and accessory structures, shall be dismantled
and removed from the site when they have been inoperative or abandoned
for one year. Applicants shall post a bond or other suitable undertaking
as a condition of the use permit in order to guarantee removal of
abandoned structures.
O.
Post-installation field report. A post-installation field report
identifying the facility's coverage area, the telecommunications tower's
maximum capacity, committed capacity and unused capacity, if any,
and co-located users of the telecommunications tower shall be submitted
to the Town.
P.
Proof of insurance. The applicant and the owner of the property where
the telecommunications tower and/or antenna are to be located shall
provide the Town Clerk with proof of insurance in a sufficient dollar
amount to cover potential personal and property damage associated
with construction and operation thereof.
Q.
Special use permit term. Special permits granted pursuant to this
section shall be issued for a term of 10 years or the period of time
requested by the applicant, whichever is less.
A.
In the R, AR or R Zone, fences, walls or hedges shall not be located
within two feet of any front lot line.
B.
On a corner lot in any district where a front yard is required, no
fence, wall, hedge or other structure or planting more than three
feet in height shall be erected, placed or maintained which obstructs
visibility of vehicular traffic within the triangular area formed
by the intersecting street right-of-way lines and a straight line
joining said lines at points 30 feet distant from the point of intersection
measured along said lines.
C.
Height.
(1)
No fence or freestanding wall shall exceed four feet in height in
any front yard.
(2)
No fence or freestanding wall shall exceed six feet in height in
any side yard or eight feet in any rear yard.
(3)
A maximum of 10 feet in height shall be allowed to enclose a private
or public tennis court, basketball, or sports courts provided that
the fence is not more than 60% opaque, and provided the fence is set
back at least 10 feet from the property line.
D.
Materials and construction.
(1)
All fences and freestanding walls shall be so installed so that the
finished side shall face outward; all bracing shall be on the inside
of the fence.
(2)
Barbed wire, chicken wire, pallets, fabric, plywood and construction
fencing shall not be used as a fencing material or as any part of
a fence visible from the public right-of-way except when used for
agricultural uses.
(3)
Retaining walls visible from the public right-of-way should be faced
with masonry or other decorative screening, textures, design, or landscaping
to minimize the blank appearance of walls and ensure compatibility
with existing structures.
E.
All fences, walls and hedges shall be maintained and, when necessary,
repaired or replaced.
A.
General conditions.
(1)
Number. No more than two windmills may be located on a single parcel
of property.
(2)
Visual impact.
(a)
No windmill shall be installed in a location where it is determined
by the Board to have a significant detrimental impact on the neighborhood
character.
(b)
Windmills shall not be installed in any location that would
substantially detract from or block the view of a portion of a recognized
scenic viewshed, as viewed from any public road right-of-way or publicly
owned land within the Town of Sand Lake.
(c)
All power transmission lines from or to the wind generation
and electricity generation equipment shall be located underground.
(3)
Broadcast interference.
(a)
Windmills shall not be installed in any location along the major
axis of an existing microwave communications link where its operation
is likely to produce electromagnetic interference in the link's operation.
(b)
Windmills shall not be installed in any location where their
proximity to existing fixed broadcast, retransmission, or reception
antenna (including residential reception antenna) for radio, television,
or wireless phone will create interference with signal transmission
or reception.
B.
Special use permit application requirements. In addition to the requirements
for special use permits outlined in this chapter, the special use
permit application for windmills shall also show:
(1)
Location of tower and tower height, including blades.
(2)
Property lines and physical dimensions of the tax parcel.
(3)
Underground utility lines within a radius equal to the proposed tower
height, including the blades.
(4)
Dimensional representation of the various structural components of
the tower construction, including the base and footings.
(6)
Location, approximate dimensions and types of major existing structures
and all uses on the tax parcel. Design data indicating the basis of
the design, including manufacturer's dimensional drawings, installation
and operation instructions.
(7)
Certification by a registered professional engineer or manufacturer's
certification that the tower design is sufficient to withstand wind
load requirements for structures as established by the New York State
Uniform Fire Prevention and Building Code.
(8)
Provide the zoning designations of the immediate and adjacent sites
and the locations of any buildings or improvements that are within
the "fall zone" of a proposed tower.
(9)
Proof of appropriate liability insurance. The applicant or owner
of the property where the structure is to be located shall provide
the Town Clerk with proof of insurance in a sufficient dollar amount
to cover potential personal and property damage associated with construction
and operation thereof.
C.
Dimensional conditions.
(1)
The maximum height of the windmill shall be determined by the Planning
Board during the special use permit process.
(2)
No windmill shall be erected in any location where its overall height,
including blades, is greater than 1.5 the distance from its base to
any property line.
(3)
Guy wires and anchors for towers shall not be located closer than
10 feet to any property line.
(4)
No windmill shall be erected less than 100 feet from the center line
of any public road.
(5)
These setback requirements may be waived where the applicant submits
a signed waiver from the owner(s) of the neighboring property, overhead
utility lines, or other structures in relation to which the applicant
does not meet the setback requirements set forth above.
(6)
For purposes of this subdivision, where an applicant proposes to
locate one or more windmills on a site consisting of multiple contiguous
parcels owned or leased by the applicant, the term "property lines"
shall mean the exterior boundaries of the contiguous parcels, which
adjoin parcels not owned or leased by the applicant.
D.
Safety.
(1)
Each windmill shall be equipped with both manual and automatic controls
to limit the rotational speed of the blade below the design limits
of the rotor. The application must include a statement by a New York
State registered professional engineer certifying that the rotor and
overspeed controls have been designed and fabricated for the proposed
use in accordance with good engineering practices.
(2)
The engineer shall also certify the structural compatibility of possible
towers with available rotors. This certification would normally be
supplied by the manufacturer and include the distance and trajectory
of the thrown blade from an exploding turbine or propeller according
to the Loss of Blade Theory.
(3)
The minimum distance between the ground and any protruding blades
shall not be less than 15 feet as measured at the lowest point of
the arc of the blades.
E.
Removal and restoration.
(1)
The windmill shall be removed if it is not used to generate electricity
for one continuous year. The property shall be restored within 18
months after the one-year period.
(2)
The applicant shall include the following information regarding decommissioning
and restoring the site:
(a)
The anticipated life of the project;
(b)
The estimated decommissioning costs in current dollars;
(c)
The method and schedule for updating the costs of decommissioning
and restoration;
(d)
The method of ensuring that funds will be available for decommissioning
and restoration; and
(e)
The anticipated manner in which the project will be decommissioned
and the site restored.
(3)
The Board and/or the Town Board shall require the applicant to provide
an appropriate and adequate demolition bond for purposes of removing
the windmill. Proof of this bond shall be provided upon request.
(4)
The sufficiency of the demolition bond shall be confirmed at least
every five years by an analysis and report of the cost of removal
and property restoration to be performed by a New York State licensed
professional engineer, the cost of same to be borne by the applicant.
If said analysis and report determines that the amount of the bond
in force is insufficient to cover the removal, disposal and restoration
costs, the bond shall be increased to the amount necessary to cover
such costs within 10 days of the applicant's receipt of such report.
