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General
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Land uses and activities in the Town of Walton which are regulated by this chapter shall be subject to additional requirements and to limitations and exceptions as set forth in this Article V.
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Lot Character
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A.
No area necessary under this chapter to satisfy area, yard, or other
open space requirements in relation to any lot, building, or use shall
be counted as part of required open space in relation to any other
lot, building or use.
B.
Every part of a required open space or yard shall be open and unobstructed,
except for ordinary building projections of sills, chimneys, eaves,
and unroofed steps, provided that no such projections extend more
than three feet into the required yard. Fences, stonewalls, trees,
and shrubbery are also accepted.
No obstruction to vision, such as shrubbery, brush, trees, earth,
or structures, shall be permitted at road intersections within the
triangle formed by the intersections of road center lines and a line
drawn between points along such lines 30 feet distant from their point
of intersection.
A.
Where any permitted nonresidential land use, multiple-family development
or mobile park abuts an existing residential parcel or a vacant parcel
where residential development could occur, a strip of land at least
20 feet wide shall be maintained as a landscaped area in a front,
side and/or rear yard.
B.
Required landscaping shall be installed and maintained in a healthy
growing condition and shall take the form of any or all of the following:
shade trees, deciduous shrubs, evergreens, well-kept grassed areas
or ground cover.
In determining percentage of building coverage of a lot or size
of yard, all principal buildings, roofed porches, garages, carports,
other accessory building and paved parking and driveway areas shall
be included.
When multiple-family dwelling construction takes the from of
townhouse units, where each unit has one or both side walls in common
with an adjacent unit, the side yard requirements shall double and
shall apply only to the end unit in the row.
Front-yard setbacks and minimum road frontages are required
on both road fronts. The two remaining yards shall be designated by
the applicant as to which will be the rear yard and which will be
the side yard.
Flag lots may be permitted by the Planning Board during the
subdivision review process, where appropriate, to allow for economical
development of back land areas and only under the follow conditions:
A.
The access strip of land shall be a minimum of 60 feet wide and shall
not exceed a grade of 10%.
B.
The minimum lot area, lot width and lot depth requirements shall
be met exclusive of the land contained in the access strip.
C.
Minimum front, side and rear setback requirements shall be met, excluding
the narrow access strip.
D.
No more than one flag lot shall be served by a single access strip.
E.
Access strips shall be a minimum distance apart of at least the minimum
lot width in the zoning district.
F.
Access strips shall not be a right-of-way, but shall be owned in
fee title by the owner of the flag parcel.
G.
No more than 10% of the lots in a residential subdivision shall be
flag lots.
Any parcel that exists legally on the day of the effective date
of this chapter in the R-2 or R-5 District of the Town of Walton which
is not subject to restrictions or covenants to the contrary may be
divided without a variance under the following conditions, all of
which must be met by such divisions:
A.
The average size of all lots created by such division shall not be
less than two acres in the R-2 District and five acres in the R-5
District.
B.
No lot shall be created with an area less than one acre, and, in
any case, no more that 20% of the total number of parcels permitted
shall be undersized.
C.
Minimum road frontages and building setbacks shall be in accordance
with the respective district regulations.
D.
All lots created that are less than the minimum lot area normally required shall be required to prove suitability for on-site sewage disposal and water supply systems in accordance with § 200-36 of this chapter.
E.
All divisions occurring under this section shall be classified and reviewed as either a minor or major subdivision under Chapter 180, Subdivision of Land.
F.
No further division of any lot created by such division shall be
allowable if such further division would result in an average size
of less than two acres or five acres, respectively, for all lots created
from the original parcel on record.
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Uses, General
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A.
There shall be only one principal building per lot, except that,
where a sufficiently large parcel exists, additional principal buildings
may be established, provided each such structure has an identifiable
land area which satisfies the lot area, frontage, and setback requirements
of the regulations of the district in which it is located. In the
cases of one- and two-family dwellings, a building permit application
shall not be issued until it has been referred to the Planning Board
and said Board finds the application meets the requirements of this
subsection.
B.
No part of any yard or area required for one building or use shall
be included as part of the yard or area similarly required for any
other building or use.
C.
Application for a building permit shall show the outline of land
associated with second or subsequent principal buildings, with the
proposed location of such buildings.
The height limitations of these regulations shall not apply
for barns and silos, private home antennas, spires, belfries, cupolas,
water tanks, ventilators, chimneys, solar equipment, windmills, transmission
towers, flagpoles, skylights, or other appurtenances usually required
to be placed above the roof level and not intended for human occupancy.
Every building hereafter erected or moved shall be on a lot
adjacent to a public street or with access to a street shown on an
approved subdivision plat, and all structures shall be as located
on lots as to provide safe and convenient access for servicing, fire
protection, and required off-street parking.
A.
For every building hereafter erected, altered or changed in use,
there shall be provided off-street parking spaces as set forth in
the following:
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Use
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Required Parking Spaces
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|---|---|
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Dwelling unit (1- and 2-family)
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2 parking spaces per dwelling unit on the same lot with the
main building
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Dwelling unit (multifamily)
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1 and 1/2 parking spaces per dwelling unit in the building(s)
rounded off to the next highest whole number
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Business and professional office, home occupation
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2 parking spaces, plus 1 space for every 300 square feet of
office area
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Retail and service establishment
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1 parking space for every 90 square feet of floor area devoted
to sales, plus 1 space for each employee
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Eating and drinking establishment
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1 parking space for every 3 seats, plus 1 space for each employee
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Industrial, wholesales, warehouse storage, freight and trucking
uses
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1 parking space for every motor vehicle used directly in the
business, plus additional parking as required by the Planning Board
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House of worship and other places of public assembly
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1 parking space for every 4 seats
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Hotels/motels
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1 parking space per room, plus 1 space for every employee
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Unspecified uses
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As required by the Planning Board based on use intensity, turnover,
customers, employees and vehicles used
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B.
Except for one-family and two-family dwellings, all off-street parking
spaces are to be arranged so that backing movements take place entirely
within the parking area.
C.
Dimensional requirements. Each parking space shall have a minimum
width of nine feet and a minimum length of 18 feet and shall be served
by suitable aisles to permit access and automobile maneuverability
into all parking spaces. Total parking area must provide a minimum
of 240 square feet per parking space, including access, egress and
circulation.
D.
Location of facility. All off-street parking facilities required
under this chapter shall be constructed on or adjacent to the site
of main use or on a lot adjoining the main use or directly across
the road.
E.
Off-street loading requirements. All commercial and industrial structures
erected after the adoption of this chapter shall provide adequate
off-street loading facilities. Such facilities shall be sufficient
in size to eliminate the projection of vehicles into a road right-of-way.
In all districts, uses are not permitted which exceed the following
standards measured at the individual property line. The Planning Board
under its powers of site plan review and approval shall decide whether
uses meet the standards. Uses shall meet state air and water pollution
standards and shall not:
A.
Emit noxious gases which endanger health, comfort, safety, or welfare
of any person, or have a tendency to cause injury or damage to property,
business or vegetation.
B.
Create vibration detectable to normal senses on adjoining properties.
C.
Create glare by lighting or signs which could impair a driver's
vision.
D.
Cause harmful of toxic waste to be discharged into sewer, streams,
or bodies of water, or to be stored on said property.
Unless connection to a municipal wastewater treatment system
is available and utilized, construction of one- and two-family residences
is allowed only on lots adequate to on-site sewage disposal and water
supply systems conforming to the requirements of the New York State
Department of Health publication "Water Treatment Handbook, Individual
System," as amended. This requirement must be met independently of
the minimum lot size allowed in any district and may require an increase
in lot size for conformance.
A.
Subsurface sewage disposal systems of the septic tank/absorption
field or seepage pit types are strongly preferred. Alternative designs
usually involve increased risk of groundwater contamination and will
be allowable only when constructed in accordance with a design prepared
by a licensed professional engineer or registered architect and approved
by the State Health Department prior to the issuance of any building
permit.
B.
Absorption fields, seepage pits or alternate means for sewage disposal
shall be sited to provide the specified minimum distances to existing
wells on adjacent properties and to probable future well locations
on adjacent properties.
C.
Residences for three or more families, commercial, industrial, and
institutional structures, and mobile home parks containing five or
more units shall conform to the applicable sections of the New York
State Building Code.
A.
The Planning Board may authorize the issuance of a temporary permit
by the Code Enforcement Officer for incidental and nonconforming uses
as follows:
B.
Permit shall be conditioned upon agreement by owner to remove use
on expiration of permit. Such permit shall be authorized for a period
of one year and may be extended for two similar periods when the Code
Enforcement Officer finds such work has been diligently pursued.
A.
Within three months following a construction project or the demolition
or abandonment of a building or structure, all construction materials
shall be removed from the site and excavation filled to normal grade
by owner.
B.
Unfenced excavation shall not be permitted for a period in excess
of 60 days.
C.
If the owner fails to cover over or fill such excavation after 30
days' notice by the Building Inspector, the Town Board may order
said excavation to be covered or filled and shall charge the owner
of said property any costs connected therewith.
The State Environmental Quality Review Act[1] requires that local governments examine the environmental
impact of all actions they permit, fund, or construct. Article 8 and
Part 617 of Title 6 of the New York Code of Rules and Regulations
are hereby adopted by reference.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
Any use not specifically permitted as a principal, accessory
or special permit use shall be deemed to be prohibited.
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Uses, Specific
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A permitted accessory building or structure, except for farm
purposes, may be located in any required side or rear yard, provided:
The following dimensional requirements are based upon the number
of bedrooms (units) for a particular accommodation type facility,
including those uses denoted in Schedule I of this chapter.[1]
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Number of Units
(bedrooms)
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R-2 District
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R-5 District
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|---|---|---|---|---|---|---|
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Minimum Lot Size
(acres)
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Minimum Frontage
(feet)
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Side/Rear Setback
(feet)
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Minimum Lot Size
(acres)
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Minimum Frontage
(feet)
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Side/Rear Setback
(feet)
| |
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0 to 5 units
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2
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200
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25
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2
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250
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25
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6 to 10 units
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3
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200
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50
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5
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250
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50
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11 to 25 units
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5
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250
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75
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5
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250
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75
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26 to 50 units
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10
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300
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100
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10
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300
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100
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Over 50 units
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15
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300
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100
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15
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300
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100
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[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
Petroleum bulk storage tanks with a capacity of greater than
1,100 gallons shall comply with the Petroleum Bulk Storage Regulations
adopted by the New York State Department of Environmental Conservation,
and as may be amended.
A.
All dish antennas shall be located in either the side or rear yards
unless the owner can prove his/her only window of reception is the
front yard. In the event that no window of reception is available
on the ground, such antenna may be place on the roof of the dwelling.
B.
The location and design of the dish antenna shall minimize the visual
impact on adjacent property as determined by the Code Enforcement
Officer, appealable to the Zoning Board of Appeals.
In no case shall any exterior lighting be directed toward the
highway so as to interfere with the vision or attract the attention
of the driver of a motor vehicle, nor shall the light be directed
toward any other lot or cause excessive illumination of adjacent lots.
On any parcel meeting the definition of "farm," one farm labor
dwelling may be permitted for each 50 acres.
Must meet the following conditions:
A.
The occupation or activity shall be carried on wholly within the
principal building or other structure accessory thereto. An area equivalent
to no more than 25% of the floor area of the dwelling shall be used
for the occupation. Such area shall be within the dwelling or another
structure accessory thereto. No outdoor storage is permitted.
B.
The occupation shall be carried on by the occupant of the dwelling,
and not more than three persons outside the residence household shall
be employed in the occupation or as assistants.
C.
There shall be no exterior display or sign except as permitted under
this chapter, no exterior storage of materials and no other exterior
indication of the home occupation or variation from the residential
character of the lot or of the surrounding neighborhood.
D.
The occupation shall not produce any offensive odor, noise, vibration,
smoke, dust, heat, electrical interference or glare detectable to
normal sensory perception outside the structure.
E.
Any need for parking generated by the occupation shall be met off
the street and in accordance with the regulations of this chapter.
F.
No more than one home occupation shall be permitted in association
with a dwelling.
All junkyards, wrecking yards, or places for the collection
of waste materials or inoperable equipment shall conform to the following
requirements:
A.
All such yards, enclosures or areas used for such collection or storage
shall be enclosed by an opaque fence, designed to obstruct view from
outside, which is at least eight feet in height and entirely surrounds
such yard or area.
B.
Materials shall not be collected or stored on a hillside of greater
than 10% slope, on a floodplain or within 100 feet of any stream bed.
C.
Materials stored or collected shall not be stacked or piled to a
height greater than the closest eight-foot opaque fence.
D.
Operation of a junkyard is conditional upon the granting of any annual
operating license from the Town Board in accordance with Section 136
of the General Municipal Law and this section of this chapter.
E.
The outdoor storage of two or more unregistered motor vehicles no
longer intended or in condition for legal use, or major portions of
such vehicles and/or a comparable quantity of inoperable machines,
implements, or appliances, or two or more unregistered travel trailers
vehicles or camping vehicles shall require licensing as a junkyard.
The outdoor storage of one or more uninhabitable mobile homes shall
require licensing as a junkyard unless structures are in use for permitted
nonresidential or accessory auxiliary uses.
F.
Inoperable agricultural equipment or machinery stored on an operating
farm for future restoration or for use as a source of spare parts
for other equipment in use on the farm shall not be subject to the
above provisions of this section.
In any district, the removal of more than 1,000 tons per year
of soil, sand, gravel or quarried stone for sale, except when incidental
to, or connected with, construction of a building on the same premises,
requires a New York State Department of Environmental Conservation
(DEC) permit. A special permit from the Town of Walton is required
for the aforementioned excavating and mineral extraction activities
involving more than 1,000 tons per year of material, excluding bluestone
quarrying. A special permit from Town of Walton is contingent upon
an approved permit from DEC.
Individual mobile homes shall be subject to all the regulations
pertaining to detached, one-family dwellings, in addition to the following
standards:
A.
The mobile home shall be provided with anchors or tie-downs, at least
at the corners, attached to concrete footings installed below the
frost line or embedded in concrete runners or concrete slab, which
may be provided as the mobile home stand.
B.
The mobile home will be provided with skirts to screen the space
between the mobile home and the stands. Such skirts shall be made
of concrete block of a permanent material similar to that used in
the mobile home and providing a finished exterior appearance, and
shall be installed within four months from date of issuance of permit
for the mobile home.
C.
Any construction or storage space, additional rooms, or enclosed
patios or carports shall have a finished exterior appearance. No exposed
building paper, wallboard or other impermanent and unfinished material
will be permitted.
D.
The mobile home bears the seal required by the State of New York
or an equivalent acceptable to the State of New York.
E.
No additions shall be made to a mobile home except a canopy and/or
porch open on three sides, or an addition made by the mobile home
manufacturer and/or built in conformance with New York State Uniform
Fire Prevention and Building Code Regulations.
A.
Mobile home permit.
(1)
No person shall construct or operate a mobile home park without first
obtaining site plan approval and a permit.
(2)
Application for a mobile home park permit shall be made to the Planning
Board, and shall be accompanied by a site plan in accordance with
procedures outlined in this chapter.
(3)
The Planning Board may accept, accept with recommended changes, or
reject plans.
B.
Mobile home park standards.
(1)
The minimum lot area for a mobile home park shall be at least 10
acres and contain at least 8,000 square feet per mobile home site.
(2)
Sewage disposal and water supply systems shall have the approval
of the New York State Department of Health and New York City Department
of Environmental Protection, Bureau of Water Supply, and conform to
the requirements of any ordinance or local law of the Town governing
such systems, whichever is more restrictive.
(3)
The area shall be well-drained and shall have such grades and soil
as to make it suitable for mobile homes.
(4)
No mobile home shall be less than 30 feet from any other mobile home.
Porches, carports, decks and additions shall not intrude into this
30 feet.
(5)
Each mobile home site shall provide an approved water supply system
and underground electrical service approved by New York State Electric
and Gas and New York State Board of Fire Underwriters.
(6)
Garbage and refuse shall be collected and removed from the premises
at least once a week. All refuse shall be stored in flytight, watertight,
rodent-proof containers, which shall be located not more than 15 feet
from any mobile home.
(7)
A public telephone shall be provided for each mobile home park, and
fire extinguishers, approved by the local fire district officers,
shall be furnished so that no mobile home shall be more distant than
15 feet from such extinguisher.
(8)
The outside burning of garbage, trash, or rubbish is prohibited.
(9)
All mobile homes and other structures shall be set back at least
50 feet from the right-of-way line of any public road or property
line and 25 feet from any internal access street.
(10)
All access roads within a mobile home park must be at least
30 feet wide and built to subdivision regulation road standard.
(11)
Off-street parking spaces shall be provided, containing at least
180 square feet per space. Two such spaces shall be furnished for
each mobile home and finished to an all-weather surface, such as gravel.
(12)
All entrances and exits, internal access streets and public
spaces shall be adequately illuminated.
(13)
A strip of land at least 20 feet wide shall be maintained as
a landscaped area abutting mobile home park property lines, inclusive
of that portion of said property fronting a public road.
(14)
The operator of a mobile home park shall keep a register in
which there shall be noted the name and permanent address of the owner
of every mobile home situated in the park, the registration number
of same, the date it was admitted, and the date of its removal. Such
register shall be signed by the owner of the mobile home or the person
bringing the same into the park.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(15)
The Planning Board may require the reservation of a recreational
area for exclusive use of the residents therein. The allowance of
recreational land shall not exceed 200 square foot of recreational
land per mobile home unit.
(16)
The sale of mobile homes shall be permitted at any properly
licensed mobile home park.
(17)
Each mobile home shall have a sign on the lot, not exceeding
one square foot, identifying the mobile home owner and lot number.
The Planning Board may authorize the Code Enforcement Officer
to issue permits for model homes, either in the singular or on several
parcels of land later offered for sale. Homes shall meet setback requirements.
Model homes on display for the public to visit and inspect, and not
intended to be sold as is, shall be required to meet all setback requirements
and shall provide for adequate off-street parking spaces as prescribed
by this chapter.
Public utility substations, and similar structures, shall comply
with the following:
A.
The facility shall be surrounded by a fence set back from property
lines in conformance with district regulations for front, side and
rear yards.
B.
A landscaped area at least 20 feet wide shall be maintained in front,
side and rear yards.
C.
There shall be no equipment visible from surrounding properties.
D.
Utility poles and attendant lines will be allowed, as necessary,
in all districts.
A.
Recreational vehicles or other equipment may be parked or stored
on any parcel of land, provided it complies with front, side and rear
setback requirements.
B.
No such equipment shall be used for living, sleeping, or housekeeping
in excess of 14 days per month when parked or stored on an individual
parcel or in any location, except an approved campground, without
a building permit.
No more than one automotive vehicle or trailer of any kind or
type without current license plates shall be parked or stored on any
lot other than in completely enclosed buildings. Farm equipment shall
be exempt if located on an operating farm.
A.
ACCESSORY SIGN
DETACHED SIGNS or GROUND SIGN
DOUBLE-FACED SIGN
FLASHING SIGN
FLAT SIGN or WALL SIGN
GENERAL ADVERTISING SIGN
ILLUMINATED SIGN
INDIRECTLY ILLUMINATED SIGN
MARQUEE SIGN
SIGN
SIGN AREA
SIGN FACE
SIGN, HEIGHT OF
Definitions. For the purpose of this article, certain terms and words
pertaining to signs are hereby defined.
A sign relating only to uses on the premises on which the
sign is located, or products sold on the premises on which sign is
located or indicating the name or address of a building or the occupants
or management of a building on the premises where the sign is located.
A sign not attached to or painted on a building, but which
is affixed to the ground. A sign attached to a flat surface, such
as a fence or wall, not a part of a building shall be considered a
"detached sign."
A sign with two parallel, or nearly parallel, faces, back
to back, and located not more than 24 inches from each other.
An illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity and color
at all times when in use. Any sign which revolves or moves, whether
illuminated or not, shall be considered a "flashing sign."
Any sign attached to and erected parallel to the face of,
or erected or painted on the outside wall of, a building and supported
throughout its length by such wall or building and not extending more
than 18 inches from the building wall.
Any sign which is not an accessory sign or which is not specifically
limited to a special purpose by these regulations. A billboard is
a large general advertising sign.
Any sign designed to give forth artificial light or designed
to reflect light from one or more sources of artificial light erected
for the purpose of providing light for the sign.
A sign which does not produce artificial light from within
itself but which is opaque and backlighted or illuminated by spotlights
or floodlights not a part of or attached to the sign itself, or a
sign of translucent, nontransparent material illuminated from within
but with no exposed or exterior bulbs, tubes or other light source.
Any sign attached to or hung from a marquee. For the purpose
of this section, a "marquee" is a covered structure projecting from
and supported by the building, with independent roof and drainage
provisions and which is erected over a doorway or doorways as protection
against the weather.
An identification, description, illustration, or device which
is affixed to or represented directly or indirectly upon a building,
structure, trailer, motor vehicle, wagon, or land and which directs
attention to a product, place, activity, person, institution or business.
That area within a line, including the outer extremities
of all letters, figures, characters and delineations, or within a
line, including the outer extremities of the framework or background
of the sign, whichever line includes the larger area. The support
for the sign background, whether it be columns, a pylon or a building,
or part thereof, shall not be included in the sign area. Only one
side of a doubled-faced sign shall be included in a computation of
sign area. The area of a cylindrical sign shall be computed by multiplying
1/2 of the circumference by the height of the sign.
The area or display surface used for the message.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The vertical distance from the road grade or the average
lot grade at the front setback line, whichever is greater, to the
highest point of the sign.
B.
General provisions. The following regulations apply generally to
all signs and are in addition to the regulations contained elsewhere
in this chapter.
(1)
No sign, unless herein accepted, shall be erected, constructed, posted,
painted, altered or relocated, except as provided in this section
and in these regulations, until a permit has been issued by the Code
Enforcement Officer (CEO). Before any permit is issued, an application
especially provided by the CEO shall be filed, together with a sketch
or drawing and/or specification as may be necessary to fully advise
and acquaint the CEO with the location, construction, materials, manner
of illuminating and/or securing or fastening, and number of signs
applied for.
(2)
Structural and safety features and electrical systems shall be in
accordance with requirements of the applicable codes and ordinances.
(3)
The following signs are exempted from the provisions of these regulations
and may be erected or constructed without a permit but in accordance
with the structural and safety requirements of the Building Code.
(a)
Official traffic signs or sign structure and provisional warning
signs or sign structures, when erected or required to be erected by
a governmental agency, and temporary signs indicating danger.
(b)
Changing of the copy on a bulletin board, poster board, display
encasement or marquee.
(c)
Temporary nonilluminated signs not more than 32 square feet
in area, advertising real estate for sale or lease or announcing contemplated
improvements of real estate, and located on the premises: one such
sign for each road frontage.
(d)
Temporary nonilluminated signs not more than 32 square feet
in area, erected in connection with new construction work and displayed
on the premises during such time as the actual construction work is
in progress: one such sign for each road frontage.
(e)
Nonilluminated signs, not exceeding 10 square feet in area,
with letters not exceeding one foot in height, painted, stamped, perforated
or stitched on the surface area of an awning, canopy, roller curtain
or umbrella.
(f)
Nonilluminated signs warning trespassers or announcing property
as posted.
(g)
Signs advertising a special civic or cultural event such as
a fair or exposition, play, concert or meeting, or fund-raising campaign,
sponsored by a governmental or charitable organization.
(h)
Special decorative displays used for holidays, public demonstrations
or promotion for nonpartisan civic purposes.
(i)
Special sales promotion displays, in a district where such sales
are permitted, incidental to the opening of a new business, provided
that such displays last no longer than two weeks.
(4)
Pennants, banners, streamers, and all other fluttering, spinning
or similar-type signs and advertising devices are allowed, providing
they are maintained and kept in good repair.
(5)
No flashing signs or exposed gas-filled or illuminated tubing, such
as neon, shall be permitted in any district.
(6)
No sign which is not an integral part of the building design shall
be placed on the roof of a building, and no projecting sign shall
extend over or above the roofline parapet wall of a building.
(7)
No sign shall be constructed, erected, used, operated or maintained
which:
(a)
Displays intermittent lights resembling or seeming to resemble
the flashing lights customarily associated with danger or such as
are customarily used by police, fire, or ambulance vehicles or for
navigation purposes.
(b)
Is located and so illuminated as to provide a background of
colored lights blending with traffic signal lights to the extent of
confusing a motorist when viewed from normal approaching position
of a vehicle at a distance of 25 feet to 300 feet.
(8)
Except as otherwise specifically provided in these regulations, all signs shall be subject to the provisions of Article VIII, governing nonconforming uses.
(9)
Except as otherwise provided, these regulations shall be interpreted
to permit one sign of each permitted type, in accordance with applicable
regulations, for each road frontage for each permitted use on the
premises. For the purpose of this regulation, sign types are flat
(or wall), detached (or ground), projecting and marquee signs, or
special-purpose signs specifically listed in the district regulations.
(10)
Except as otherwise provided, any sign may be a flat, detached
or projecting sign, and, except as otherwise provided, no detached
sign shall exceed a height of 20 feet.
(11)
Sign of permitted types and sign area may be placed on walls
of buildings other than the front, except on side or rear walls facing,
and within 100 feet of, a residential district.
(12)
Unless otherwise specified in these regulations, all signs shall
comply with the yard requirements of the district in which they are
located, provided that one accessory sign may occupy required yards
in a district where such sign is permitted by these regulations, if
such sign is not more than 32 square feet in area, and other requirements
of these regulations are complied with.
(13)
No sign, portable or otherwise, is to be placed or located or
conflict with the vision clearance or other requirements of applicable
traffic ordinances.
(14)
No sign shall be attached to trees, utility poles or any other
unapproved supporting structure.
(15)
The owner and/or tenant of the premises and the owner and/or
erector of the sign shall be held responsible for any violation of
these regulations.
(16)
All signs shall be maintained in good condition and appearance.
After due notice has been given as provided below, the Code Enforcement
Officer (CEO) may cause to be removed any sign which shows gross neglect
or becomes dilapidated.
(17)
The CEO shall remove or cause to be removed any sign erected
or maintained in conflict with these regulations if the owner or lessee
of either the site or the sign fails to correct the violation within
30 days after receiving written notice of violation from the CEO.
Removal of a sign by the CEO shall not affect any proceedings instituted
prior to removal of such sign.
A.
Accessory to single-family dwelling. Swimming pools, whether permanent
or portable, having a depth of at least two feet, shall meet the front
setback requirement.
B.
Accessory to residential developments. Swimming pools accessory to
residential developments, whether clustered single-family dwellings,
seasonal dwellings, bungalow colonies, camps or multifamily dwellings,
shall be of permanent construction and shall be located not closer
than 50 feet to any lot line and not closer than 50 feet to any dwelling
unit and shall meet the front setback requirement.
C.
Nonresidential. Swimming pools that are part of nonresidential uses,
whether commercial or noncommercial, such as hotels, motels, clubs,
campgrounds, day-use recreational facilities or institutions, shall
be of permanent construction and shall be located not closer than
the setback requirement for the district in which they are located.
D.
Fencing. Fencing of swimming pools shall comply with the New York
State Uniform Fire Prevention and Building Construction Code requirement.
No establishment selling alcoholic beverages for on-site or
off-site consumption shall be located within 1,000 feet of a building
used as a school, church, synagogue, or place of worship.
A.
Purpose. The purpose of this section is to provide for the construction
and operation of wind energy facilities in Town of Walton, subject
to reasonable conditions that will protect the public health, safety
and welfare.
B.
Applicability. The requirements of this section shall, in the event
of any state or federal requirements to allow for the placement of
wind energy facilities in the Town, apply to all wind energy facilities
proposed, operated, modified, or constructed within the Town, including
modification of existing wind energy facilities and wind measurement
towers erected for the purposing of testing the feasibility of wind
energy generation.
C.
Permits. No wind energy facility shall be constructed, reconstructed,
modified, or operated in the Town of Walton except by first obtaining
a wind energy facility permit as provided under this section. No permit
or other approval shall be required under this chapter for mechanical,
nonelectrical wind turbines utilized for applicants' on-site
agricultural activities. Replacement in kind or modification of a
wind energy facility may occur without Planning Board approval when
there shall be no increase in total height; no change in the location
of the wind turbine; no additional lighting or change in facility
color; and no increase in noise produced by the wind turbine. No transfer
of any wind energy facility or wind energy facility permit, or sale
of the entity owning such facility, shall eliminate the liability
of an applicant nor of any other party under this chapter.
D.
Application requirements. A complete application for a wind energy
facility permit shall include:
(1)
A copy of an executed interconnection agreement with NYISO and the
applicable transmission owner (if available at the time of the application).
(2)
A completed application for a wind energy facility permit.
(3)
A site plan prepared by a licensed professional engineer, including:
(a)
Property lines and physical dimensions of the site.
(b)
Location, approximate dimensions and types of major existing
structures and uses on the site, public roads, and adjoining properties
within 500 feet of the boundaries of any proposed wind turbines, or
1 1/2 times the total height of such wind turbines, whichever
shall be greater.
(c)
Location and elevation of each proposed wind turbine.
(d)
Location of all above- and below-ground utility lines on the
site, as well as transformers, the interconnection point with transmission
lines, and other ancillary facilities or structures.
(e)
Locations of buffers as required by this chapter.
(f)
Location of the nearest residential structure(s) on the site
and located off the site, and the distance from the nearest proposed
wind turbine.
(g)
All proposed facilities, including access roads, electrical
substations, storage or maintenance units, and fencing.
(4)
A vertical drawing of the wind turbine showing total height, turbine
dimensions, tower and turbine colors, ladders, distance between ground
and lowest point of any blade, location of climbing pegs, and access
doors. One drawing may be submitted for each wind turbine of the same
type and total height. The make, model, picture and manufacturer's
specifications, including noise decibels data, and material safety
data sheet documentation for all materials used in the operation of
the equipment shall be provided for each proposed wind turbine.
(5)
A lighting plan showing any FAA-required lighting and other proposed
lighting.
(6)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable; to New York City Environmental Protection standards,
if applicable; and to any standards as may be established by the Town
of Walton Planning Board on the recommendation of its Town Engineer
or consultants (at the time of the application, the plans may be submitted
as conceptual plans which identify the design parameters).
(7)
A construction schedule describing commencement and completion dates,
including a traffic analysis with a description of the routes to be
used by construction and delivery vehicles and the gross weights and
heights of those loaded vehicles.
(8)
An operations and maintenance plan providing for regular periodic
maintenance schedules, staffing, chemical usage, property maintenance,
any special maintenance requirements and procedures and notification
requirements for restarts during icing events.
(9)
A decommissioning plan that addresses the anticipated life of the
wind turbine, the estimated decommissioning costs, the method of ensuring
funds shall be available for decommissioning and restoration, the
method by which decommissioning cost shall be kept current, and the
manner in which the wind turbine shall be decommissioned and the site
restored, less any fencing or residual minor improvements requested
by the landowner.
(10)
List of property owners, with their mailing address, within
500 feet of the outer boundaries of the proposed site.
(11)
A complaint resolution process to address complaints from nearby
residents. The process may use an independent mediator or arbitrator
and shall include a time limit for acting on a complaint. The applicant
shall make every reasonable effort to resolve any complaint. The Walton
Planning Board in conjunction with the Walton Code Enforcement Officer
will be charged with mediating any complaints and their resolutions
after structures are in place. The applicant will make themselves
available to this process for the life of the structures.
(12)
A Full Environmental Assessment Form, as provided by the New
York State Environmental Quality Review Act (SEQRA)[1] shall be prepared for the wind energy facility. This full
environmental assessment shall, at a minimum, include:
(a)
A study of potential shadow flicker, including a graphic to
identify locations where shadow flicker may be caused by the wind
turbines and expected durations of the flicker at these locations.
The study shall identify areas where shadow flicker may interfere
with residences and describe measures to be taken to eliminate or
mitigate problems.
(b)
A visual impact study of the proposed wind turbines as installed,
which may include a computerized photographic simulation and digital
elevation models demonstrating visual impacts from strategic vantage
points. Color photographs of the site accurately depicting existing
conditions shall be included. The visual analysis shall also indicate
color treatment of system components and any visual screening to be
incorporated into the project to lessen the system's visual prominence.
(c)
A fire protection and emergency response plan, created in consultation
with the fire department(s) having jurisdiction over the proposed
site, as well as Delaware County Emergency Services.
(d)
A noise analysis by a competent acoustical consultant documenting
the noise levels associated with the proposed wind turbine, existing
noise levels at site property lines and at the nearest residence not
on the site. The noise analysis shall include low-frequency noise.
The applicant shall also submit plans for post-development noise monitoring.
(e)
Evidence of potential impacts on neighboring property values
compiled by a licensed appraiser based on experience at other locations,
extrapolating that evidence to analyze potential impacts on property
values near the site.
(f)
An assessment of potential electromagnetic interference with
microwave, radio, television, personal communication systems and other
wireless communication.
(g)
An assessment of the impact of the proposed development on the
local flora and fauna, including migratory and resident avian species.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
E.
Wind energy facility development standards. The following standards
shall apply to wind energy facilities in the Town of Walton, unless
specifically waived by the Planning Board.
(1)
All power transmission lines from the tower to any building or other
structure shall be located underground to the maximum extent practicable.
(2)
No television, radio or other communication antennas may be affixed
or otherwise made part of any wind turbine, except with approval by
the Town of Walton Planning Board. Applications may be jointly submitted
for wind turbine and telecommunications facilities.
(3)
No advertising signs are allowed on any part of the wind energy facility,
including fencing and support structures.
(4)
No tower shall be lit except to comply with Federal Aviation Administration
(FAA) requirements. Minimum-security lighting for ground-level facilities
shall be allowed as approved on the wind energy facility development
plan.
(5)
All applicants shall use measures to reduce the visual impact of
wind turbines to the extent possible. Wind turbines shall use tubular
towers. All structures in a project shall be finished in a single,
nonreflective, matte-finished color or a camouflage scheme. Wind turbines
within a multiple wind turbine project shall be generally uniform
in size, geometry, and rotational speeds. The rotation of turbine
blades should all be of one direction, either clockwise or counterclockwise.
No lettering, company insignia, advertising, or graphics shall be
on any part of the tower, hub, or blades.
(6)
Guy wires shall not be permitted except to address unique safety
issues and then only with specific permission by the Planning Board
in the form of a waiver.
(7)
Wind turbines shall be located in a manner that minimizes electromagnetic
interference with signal transmission or reception for radio, television,
or wireless phone or other communication systems. If it is determined
a wind turbine is causing electromagnetic interference, the operator
shall take necessary corrective action to eliminate this interference
and/or take such other measures to ensure the affected parties have
adequate reception. Failure to remedy electromagnetic interference
is grounds for revocation of the wind energy facility permit for the
specific wind turbine or wind turbines causing the interference.
(8)
All construction and ongoing debris shall be removed from the site
or otherwise disposed of in a manner acceptable to the Planning Board
and Code Enforcement Officer.
(9)
Wind turbines shall be designed to minimize the impacts of land clearing
and the loss of important open spaces. Development on agricultural
lands shall follow the Guidelines for Agricultural Mitigation for
Wind Power Projects, published by the State Department of Agriculture
and Markets, to the maximum extent practicable.
(10)
Wind turbines shall be located in a manner that minimizes significant
negative impacts on rare animal species in the vicinity.
(11)
Wind turbines shall be located in a manner that minimizes shadow
flicker on any off-site residences.
F.
Required site safety measures.
(1)
All wind turbines shall have an automatic braking, governing or feathering
system to prevent uncontrolled rotation, overspeeding and excessive
pressure on the tower structure, rotor blades and turbine components.
(2)
Wind energy facilities shall be gated or fenced to prevent unrestricted
public access to the facilities and reduce any attractive nuisance
aspects or otherwise secured in a manner acceptable to the Planning
Board.
(3)
Warning signs shall be posted at the entrances to the wind energy
facility and at base of each tower warning of electrical shock or
high voltage and containing emergency contact information.
(4)
No climbing pegs or tower ladders shall be located closer than 15
feet from the ground level at the base of the structure for freestanding
single-pole or guyed towers.
(5)
The minimum distance between the ground and any part of the rotor
or blade system shall be 30 feet.
(6)
Wind turbines shall be designed to prevent unauthorized external
access to electrical and mechanical components and shall have access
doors that are kept securely locked at all times.
G.
Traffic routes and road maintenance.
(1)
Construction and delivery vehicles for wind turbines and/or associated
facilities shall propose, and the Planning Board shall approve or
modify, designated traffic routes to minimize traffic impacts from
construction and delivery vehicles, wear and tear on local roads and
impacts on local business operations.
(2)
The applicant is responsible for remediation of damaged roads upon
completion of the installation or maintenance of a wind turbine. A
public improvement bond may be required prior to the issuance of any
building permit in an amount, determined by the Planning Board, sufficient
to compensate the Town for any damage to Town or county roads if any
of these roads will be among the designated traffic routes. The applicant
shall consult with the Town Highway Superintendent and/or the Delaware
County Department of Public Works to obtain a written recommendation
for bonding form and amount, which form and amount shall be approved
by the Planning Board.
(3)
The applicant shall provide predevelopment and post-development photographic
evidence of the condition of any Town or county roads along the proposed
route.
H.
Setbacks.
(1)
Each wind turbine shall be set back a distance of 500 feet or 1 1/2
times the total height of the wind turbine, whichever shall be greater,
from any public road, any residences, permanent lodging facility,
public building, church and other institution. No wind turbine shall
be located within its own total height of a site boundary line.
(2)
The statistical sound pressure level generated by a wind turbine
shall not exceed L90 - 45 dBA measured at the
nearest residence located off the Site. Sites can include more than
one piece of property, and the requirement shall apply to the combined
properties. A ten-minute time interval shall be used as the standard
time period over which to measure the sound pressure. Independent
verification by an acoustical engineer certified with the Institute
of Noise Control Engineering shall be provided before construction,
demonstrating compliance with this requirement.
(3)
In the event audible noise due to wind energy facility operations contains a steady, pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection H(2) of this section shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 hertz and above, by eight dBA for center frequencies between 160 hertz and 400 hertz, or by 15 dBA for center frequencies less than or equal to 125 hertz.
(4)
Should the ambient noise level (exclusive of the development in question)
exceed the applicable standard given above, the applicable standard
shall be ambient dBA plus five dBA. The ambient noise level shall
be expressed in terms of the highest whole number sound pressure level
in dBA, which is exceeded for more than six minutes per hour. Ambient
noise levels shall be measured at the exterior of potentially affected
existing residences, schools, hospitals, churches and public buildings.
Ambient noise level measurements shall be performed when wind velocities
at the proposed project site are sufficient to allow wind turbine
operation.
I.
Noise and setback easements.
(1)
An applicant may, with approval from the Planning Board, meet noise
and setback standards by obtaining written consents from affected
property owners stating they are aware of the wind energy facility
and the noise and/or setback limitations imposed by this section,
and that consent is granted to allow noise levels to exceed the maximum
limits provided herein or reduce setbacks to less than required.
(2)
Such consents shall be in the form required for easements and be
recorded in the County Clerk's Office, describing the benefited
and burdened properties. Such easements shall be permanent and shall
state that they may not be revoked without the consent of the Planning
Board, which consent shall be granted upon either the decommissioning
of the benefited wind turbine in accordance with this law, or the
acquisition of the burdened parcel by the owner of a benefited parcel
or the wind turbine company.
J.
Issuance of wind energy facility permits.
(1)
The Planning Board shall, within 120 days of determining the application
is complete and completion of SEQRA and upon consideration of the
standards in this section and the record of the SEQRA review, issue
a written decision with the reasons for approval, conditions of approval
or disapproval fully stated. This time period may be extended with
consent of the applicant. Should the applicant not consent to such
an extension and the time period elapse without a decision, the application
shall be considered approved without conditions.
(2)
If approved, the Planning Board shall direct the Town Code Enforcement
Officer to issue a wind energy facility permit upon satisfaction of
all conditions for said permit, and upon compliance with the New York
State Building Code, if applicable.
(3)
The decision of the Planning Board shall be filed within 15 days
in the office of the Town Clerk and a copy mailed to the applicant
by first-class mail.
(4)
If any approved wind energy facility is not substantially commenced
within four years of issuance of the wind energy facility permit,
the wind energy facility permit shall expire, unless the Planning
Board shall have granted an extension.
K.
Abatement.
(1)
If any wind turbine remains nonfunctional or inoperative for a continuous
period of 24 months, the applicant shall remove said system at its
own expense following the requirements of the decommissioning plan.
Removal of the system shall include at least the entire aboveground
structure, including transmission equipment and fencing, from the
property. This provision shall not apply if the applicant demonstrates
to the Town that it has been making good-faith efforts to restore
the wind turbine to an operable condition, but nothing in this provision
shall limit the Town's ability to order a remedial action plan
after public hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Nonfunction or lack of operation may be proven by reports to the
Public Service Commission, NYSERDA, New York Independent System Operator,
or by lack of income generation. The applicant shall make available
(subject to a nondisclosure agreement) to the Planning Board all reports
to and from the purchaser of energy from individual wind turbines,
if requested and necessary to prove the wind turbine is functioning,
which reports may be redacted as necessary to protect proprietary
information.
(3)
The applicant, or successors, shall continuously maintain a fund or bond payable to the Town, in a form approved by the Town, for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution or an interest-bearing escrow account. All costs of the financial security shall be borne by the applicant. All decommissioning bond requirements shall be fully described in the decommissioning plan. After application and construction of turbines, the applicant or successors shall work with the Planning Board and Code Enforcement Officer to update the fund/bond so that it is consistent with Subsection D(9) of this regulation. This should be done at a minimum of every 10 years after construction is complete.
L.
Limitations on approvals. Nothing in this section shall be deemed
to give any applicant the right to cut down surrounding trees and
vegetation on any property to reduce turbulence and increase wind
flow to the wind energy facility. Nothing in this section shall be
deemed a guarantee against any future construction or Town approvals
of future construction that may in any way impact the wind flow to
any wind energy facility. It shall be the sole responsibility of the
facility operator or owner to acquire any necessary wind flow or turbulence
easements or rights to remove vegetation.
M.
Permit revocation.
(1)
The applicant shall fund periodic noise testing and overall inspections
by a qualified, independent, third-party acoustical measurement consultant,
which may be required as often as biannually, or more frequently,
upon request of the Code Enforcement Officer, in response to complaints
by neighbors. The scope of the noise testing shall be to demonstrate
compliance with the terms and conditions of the wind energy facility
permit and this section and shall also include an evaluation of any
complaints received by the Town. The applicant shall have 90 days
after written notice from the Code Enforcement Officer to cure any
deficiency. An extension of the ninety-day period may be considered
by the Code Enforcement Officer, but the total period may not exceed
180 days.
(2)
A wind turbine shall be maintained in structurally operating condition
at all times, subject to reasonable maintenance and repair outages.
"Operational condition" includes meeting all noise requirements and
other permit conditions. Should a wind turbine become inoperable,
or should any part of the wind turbine be damaged, or should a wind
turbine violate a permit condition, the owner or operator shall remedy
the situation within 90 days after written notice from the Code Enforcement
Officer. The applicant shall have 90 days after written notice from
the Code Enforcement Officer to cure any deficiency. An extension
of the ninety-day period may be considered by the Code Enforcement
Officer, but the total period may not exceed 180 days.
(3)
Should a wind turbine not be repaired or made operational or brought
into permit compliance after said notice, the Town Board may, after
a public meeting at which the operator or owner shall be given opportunity
to be heard and present evidence, including a plan to come into compliance,
order either remedial action within a particular time frame, or order
revocation of the wind energy facility permit for the wind turbine
and require its removal within 90 days. If the wind turbine is not
removed, the Town Board shall have the right to use the security posted
as part of the decommissioning plan to remove the wind turbine.
N.
Wind measurement towers.
(1)
Installation of wind measurement towers, also known as "anemometer
towers," shall be permitted, upon the issuance of a wind energy facility
permit, to determine the wind speeds and the feasibility of using
particular sites. The distance between a wind measurement tower and
the property line shall be at least 1 1/2 times the total height
of the tower. Wind energy facility permits for wind measurement towers
shall be issued for a period of two years and shall be renewable upon
application to the Planning Board. An application for a wind measurement
tower shall include:
(a)
Name, address, telephone number and signatures of the applicant
and agent for the applicant, if any.
(b)
Name, address, telephone number and signature of the property
owner along with written authorization by the property owner to submit
the application.
(c)
Proposed development plan.
(d)
Decommissioning plan, including a security bond for removal,
should the tower not be converted to permanent use for wind energy
generation.
(2)
Other development standards as set forth above for wind energy facilities
shall be applied to the maximum extent practicable, as determined
by the Planning Board, recognizing the temporary nature of wind measurement
towers. The Planning Board's approval of the wind measurement
tower application is considered a Type 2 action under SEQRA.
O.
Small wind turbines. The Planning Board is hereby authorized to approve,
approve with conditions, or disapprove small wind turbine applications
designed for residential, farm, institutional and business use on
the same parcel. Such applications shall be processed in the same
manner as those prescribed above for all wind energy facilities, but
may be appropriately modified by the Planning Board to reflect the
scale of the proposed facility. All small wind turbines shall comply
with the following standards and, to the maximum extent practicable,
with all other requirements of this section not in conflict herewith:
(1)
A system shall be located on a lot a minimum of one acre in size;
however, this requirement can be met by multiple owners submitting
a joint application.
(2)
Only one small wind turbine per acre shall be allowed.
(3)
Small wind turbines shall be used primarily to reduce the on-site
consumption of electricity.
(4)
Total heights shall be a maximum of 150 feet.
(5)
Tower-climbing apparatus shall be located no closer than 12 feet
from the ground, a locked anti-climb device shall be installed on
the tower, or a locked, protective fence of at least six feet in height
that encloses the tower shall be installed to restrict tower access.
(6)
Anchor points for any guy wires for a system tower shall be located
within the property that the system is located on and not on or across
any aboveground electric transmission or distribution lines. The point
of attachment for the guy wires shall be enclosed by a fence six feet
high or sheathed in bright orange or yellow covering from three to
eight feet above the ground.
P.
Fees.
(1)
Permit fee for commercial WECS permit: $100 per megawatt of rated
maximum capacity.
(2)
Retention of expert assistance and reimbursement by applicant.
(a)
The Town may hire any consultant and/or expert necessary to
assist the Town in reviewing and evaluating the application, including
but not limited to site inspections, the construction and modification
of the sites, once permitted, and any requests for recertification.
(b)
An applicant shall deposit with the Town funds sufficient to
reimburse the Town for all reasonable costs of consultant and expert
evaluation and consultation to the Town in connection with the review
of the application.
[1]
The initial deposit shall be $8,500 and shall be placed with
the Town preceding the preapplication meeting.
[2]
The Town shall maintain a separate escrow account for all such
funds. The Towns consultants/experts shall invoice the Town for their
services in reviewing the application, including the modification
of the site, once permitted.
[3]
If, at any time during the process, this account has a balance
of less than $2,500, the application shall immediately, upon notification
by the Town, replenish said escrow account so that it has a balance
of at least $5,000. Such additional escrow funds shall be deposited
with the Town before any further action or consideration is taken
on the application.
[4]
In the event that the amount held in escrow by the Town is more
than the amount of the actual invoicing at the conclusion of the project,
the remaining balance shall be promptly refunded to the applicant.
Q.
Tax exemption. The Town hereby exercises its right to opt out of
the tax exemption provisions of Real Property Tax Law § 487,
pursuant to the authority granted by paragraph 8 of that law.
A.
Application requirements. Applicants for a permit to place, construct,
or modify communication towers and/or facilities within the Town of
Walton shall submit the following information to the Town Planning
Board:
(1)
State Environmental Quality Review Act[1] (SEQRA) Environmental Assessment Form and Visual Environmental
Assessment Form (Visual EAF), landscaping plan and visual assessment
report, including appropriate modeling and photography assessing the
visibility from key viewpoints identified in the Visual EAF, existing
tree lines, potential bird mortality from migratory bird corridors,
surrounding wetlands, known nesting and breeding areas, and proposed
elevations. Construction of a facility shall be considered a Type
1 action under SEQRA.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(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 and/or signal strengths
in the Town.
(c)
Surrounding topography in 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 for construction activities, including
those within the public's right-of-way or land or controlled
by the Town of Walton.
(f)
Identity of location, ownership and usage of currently existing
telecommunications facilities within the Town.
(g)
Plans for construction of telecommunications accessory equipment
building or structures and landscaping.
(h)
Proposed mitigation measures for visual impacts.
(i)
Proposed safety measures.
(3)
In the case of an application for a telecommunications tower, additional
information describing the telecommunications tower's height
and design, including a cross section of the structure; the telecommunications
tower's compliance with applicable structural standards; and
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,
including their precise point of attachment, shall be indicated.
(5)
Demonstration of a need for proposed telecommunications facility
and, when applicable, explanation describing the impracticality of
upgrading or expanding an existing site.
(6)
Demonstration that the proposed site is the most appropriate site
within the immediate area for the location of the telecommunications
facility.
(7)
Inventory of existing telecommunications facilities within the Town
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.
(8)
Description of the applicant's long-range plans which project
market demand and long-range facility expansion needs within the Town.
(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 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 boundaries
of the proposed location.
(11)
Certification by a New York State licensed professional engineer
(PE) that the facility will comply with Federal Communications Commission
(FCC) regulations for radio frequency (RF) emissions.
(12)
Such other information as may be required by the Town Planning
Board or its engineer or consultant.
(13)
When available, a copy of the FCC license for the facility.
(14)
In the event that the Town Planning Board determines that the
use of a professional(s) qualified to review the required plans, reports,
and other technical information submitted in support of an application
for a communication tower and facilities is necessary, the applicant
shall establish an escrow account to reimburse the Town for the costs
incurred.
(15)
Where feasible and practical, plans for the tower shall include
sections which can be removed as the need for height decreases.
(16)
Where a tower is over 199 feet in height, plans shall be made
to mitigate migratory bird paths affected by the tower and its lighting
to minimize bird kills. This part shall include a continuing obligation
to modify said tower with light patterns, ultrasound, bird diverters,
predator calls, noisemakers, streamers, sleeves, balls, paint, and
other methods of reducing bird kills as they become generally accepted
for that purpose in the industry and financially feasible.
B.
Standards. The development of communication towers, facilities and
related structures shall be permitted by approval by the Town Planning
Board. Communication towers and facilities shall be subject to the
following requirements.
(1)
Specific provisions.
(a)
Co-location preferred. Whenever possible, new telecommunications
facilities shall be sited on existing telecommunications facilities
or in areas already in use for telecommunications and/or utility distribution
lines in order to preserve the aesthetic and scenic value of the Town.
Except in cases where mechanical, structural or regulatory factors
prevent co-location, applicants cannot be denied or denied space on
a telecommunications tower, provided that the applicant pays a reasonable
fee to the owner of the telecommunications tower.
(b)
Location.
[1]
Applicants for telecommunications towers shall locate, erect
and site towers in accordance with the following priorities, with
Subsection B(1)(b)[1][a] being the highest priority and Subsection
B(1)(b)[1][e] being the lowest priority.
[2]
Upon filing an application for a permit for a telecommunications
tower, the applicant shall submit a report to the Town Planning Board
demonstrating the technological reason the site selection was selected.
If the site selected is not the highest priority as listed above,
a detailed explanation as to why sites of a higher priority were not
selected shall be included in the application.
[3]
Notwithstanding the above, the Town Planning Board may approve
a site location within the list of priority areas if the alternative
site provides reasonable services and meets the minimum needs of the
service provider and the Board, in writing, finds it is in the best
interest of the health, safety, and general welfare of the Town.
(2)
Approval for personal wireless telecommunications service facilities
shall be subject to the following general conditions:
(a)
Separation distance. Telecommunications facilities shall be
separated by a distance of no less than 500 feet from a property line
or road and no less than 1,000 feet from public buildings, day-care
centers, schools, libraries, senior citizens' centers, churches, and
recreational facilities.
(b)
Setbacks. All telecommunications facilities shall be set back
a distance at least equal to their fall zones as certified by a New
York State licensed professional engineer, plus an additional 50%
of their fall zone. Additional setbacks may be required by the Town
Planning Board in order to provide for the public safety, health and
welfare.
(c)
Minimal visual impacts. All telecommunications towers and telecommunications
antennas shall be sited to have the least possible visual effect on
the environment. No tower shall be located so that the total length
of the tower rises above the ridge tree canopy.
(d)
Lighting. Telecommunications towers shall not be artificially
lighted unless otherwise required by the Federal Aviation Administration
or other federal, state or local authority.
(e)
Material and paint. Telecommunications towers and telecommunications
antennas shall be of a galvanized finish or painted gray above the
surrounding tree lines, and gray or green below the tree lines; the
mountings of telecommunications antennas should be nonreflective and
of the appropriate color to blend with their background.
(f)
Signs. No portion of any telecommunications tower and facilities
shall be used for advertising purposes.
(g)
Screening.
(h)
Vegetative screening.
[1]
Where a personal wireless telecommunications facility abuts
residential or public property, the following vegetative screening
shall be provided: native evergreen shrubs or trees capable of forming
a continuous hedge at least five feet in height within two years of
planting to effectively screen a telecommunications tower base and
accessory facilities.
[2]
Additional screening may be required by the Town Planning Board
to screen portions of the telecommunications tower from nearby residential
property or important views.
(i)
Architectural screening. Creative design measures to camouflage
facilities by integrating them with existing buildings and among other
existing uses is preferred.
(j)
Height. The height of telecommunications towers should be limited
to the minimum required to provide the proposed telecommunications
services.
(k)
Access road. Existing roadways shall be used for access to the
site whenever possible.
(l)
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.
(m)
Telecommunications antennas. Due to their high visibility, dish
and parabolic telecommunications antennas shall 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 should
be of mesh construction wherever possible.
(n)
Utility service. Electrical and land-based telephone and/or
microwave utilities extended to serve telecommunications sites shall
be underground if determined appropriate by the Planning Board.
(o)
Security provisions. Each site shall have a security program,
including physical features, such as fencing, anti-climbing devices
or elevating ladders on telecommunications towers, and/or monitoring,
either by staff or electronic devices, to prevent unauthorized access
and vandalism.
(p)
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 development.
(q)
Noise. Noise-producing equipment shall be sited and/or insulated
to minimize noise impacts on adjacent properties.
(r)
Annual inspection and report. Telecommunications towers over
100 feet in height shall be inspected annually by a licensed professional
engineer, and a copy of the inspection report submitted to the Town
Building Inspector and Town Board.
(s)
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 two years. Applicants may be required to post a bond or other
suitable undertaking and shall provide a written contract with the
Town agreeing to be fully responsible for removal and indemnifying
the Town for the costs of removal as a condition of the site plan
approval in order to guarantee removal of abandoned structures. Such
bond or cash value undertaking shall be no less than 150% of the current
cost of removal and shall be renewed every five years and adjusted
by the Town Planning Board. Removal shall include reclamation of the
tower site.
(t)
A post-installation field report identifying the facilities
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 within
90 days of completion.
(u)
When available, a copy of the FCC license. No building permit
will be issued except to a provider producing proof of an agreement
for attachment with an FCC-licensed provider or a letter of intent
from a provider with an FCC license.
(v)
Prior to the issuance of a building permit, a policy of liability
insurance in the amount of $1,000,000, naming the Town of Walton as
an additional insured, will be provided by applicant, covering the
Town of Walton for damage for injury to person or property which may
result from the failure of a tower or any part of it, including but
not limited to costs of a legal defense or negotiation, to be continued
until the facility is completely dismantled.
(w)
All towers shall provide at no cost, upon request, up to two
antenna spaces for Town and county governments on the top third of
a tower. These spaces shall not be leased or rented by the municipality
to third parties. The Town Board may waive requirements for these
spaces, with or without fees. The placement of public equipment shall
be by separate lease with the provider as landlord.
(x)
Maintenance/upkeep of the parcel grounds vegetation screening
and access road will be the sole responsibility of the communication
tower and facilities owner and/or the parcel owner if the communication
tower and facilities owner leases the property.
(3)
The Town Planning Board may grant the permit, deny the permit or
grant the permit with written stated conditions.
(a)
Denial of the application shall be by written decision based
upon substantial evidence submitted to the Board.
(b)
All decisions shall address the projected impact of the facility
on the area, alternate sites (including existing facilities) and whether
or not they are viable options, if there are existing gaps in coverage,
capacity and coverage weaknesses projected for the facility, and whether
or not existing facilities provide adequate service.
(4)
Application fees and other costs to the applicant shall be set by
the Town Council by resolution.
C.
Appeals. Any person, firm or corporation aggrieved by any decision
of the Planning Board relative to a cell tower site plan may have
such decision reviewed by a special term of the Supreme Court in the
manner provided by Article 78 of the Civil Practice Law and Rules.
D.
Waivers. Where the Planning Board finds that extraordinary hardship
may result from strict compliance with this chapter, the Planning
Board shall have the authority to vary or modify the application of
any of the requirements herein, provided that any such waiver will
not have the effect of nullifying the spirit and intent of this chapter.
E.
Penalties. Any person, firm, or corporation who violates any provision
of this section shall be guilty of an offense against said section
and subject to a fine of not more than $500 or imprisonment for a
period of not more than six months, or both such fine and imprisonment
for a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $500 nor more than $1,000 or imprisonment for a period
of not more than six months, or both; and, upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $1,000 nor more
than $2,000 or imprisonment for a period of not more than six months,
or both. The imposition of penalties for any violation of this section
shall not excuse the violation or permit it to continue. The application
of the above penalty or penalties or the prosecution of the violation
of the provisions of this section shall not be held to prevent the
enforced removal of conditions prohibited by this section. Each week
thereof shall constitute a separate and distinct violation.
F.
Fees. The application fee shall be $500.
