Town of Macedon, NY Article XXI Regulations Governing Special Permit Uses

§ 300-172 General provisions.

The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Town Board as an individual case. Upon application complying with the requirements of Article III, special use permits may be approved by the Town Board and issued by the Zoning Officer after referral and recommendation from the Town Planning Board in accordance with the administrative procedures set forth in Article III and only after it has found that each and all of the following standards have been met:

A. The proposed special use is consistent with the general intent of the Town's Master Plan and with each of the specific purposes set forth in this chapter.

B. The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it will be compatible with the orderly development of the use district.

C. Operation of the proposed special use is no more objectionable to the uses of nearby properties by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use.

D. The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of this article.

E. The Town Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property. The Zoning Officer shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Town Board. If the Zoning Officer shall determine that a violation of this chapter or the conditions imposed by the Town Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.

F. No site preparation or construction shall commence nor shall existing structures be occupied for special permit use until final site development plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

[Amended 3-9-2000 by L.L. No. 2-2000]

§ 300-173 Essential services.

A. Essential services as defined in § 300-8 herein may be allowed as a special permit use in any zone district upon the approval of a special use permit by the Town Board.

B. The Town Board shall determine the following prior to approving a special use permit:

(1) The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is located.

(2) The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.

(3) Adequate and attractive fences and other safety devices will be provided.

(4) A buffer strip not less than 15 feet in depth shall be provided around the perimeter of the property.

(5) Adequate off-street parking shall be provided.

(6) All other applicable requirements of this chapter shall be met.

C. Special use permit applications relative to the use, erection, relocation, reconstruction, modification, or alteration of telecommunications towers shall be subject to the provisions set forth in § 300-185.

[Added 12-10-2015 by L.L. No. 4-2015]

§ 300-174 Motor vehicle service stations and auto repair shops.

The Town Board may approve a special use permit for motor vehicle service stations, and auto repair shops in the GC General Commercial and ORM Office/Research/Manufacturing Districts, provided that the following standards and conditions are maintained:

A. In addition to the information required in the special permit application and enumerated in § 300-17 herein, the site development plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and number and location of fuel pumps to be installed.

B. Such uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Town Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Town Board shall determine on an individual case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Officer shall direct the property owner to replace said shrubs.

C. The entire area of the site traveled by motor vehicles shall be hard surfaced.

D. All repairs of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

E. Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.

F. Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

G. No building or structure, including gasoline pumps or automotive service appliances, shall be erected within 75 feet of any right-of-way line.

H. All unregistered vehicles must be stored inside a fully enclosed building at all times.

I. No motor vehicle service station or auto repair shop shall have more than two driveways on any public street fronting the site.

J. No driveway shall be closer than 50 feet to the intersection of two street corner lot lines or within 20 feet of an adjacent lot line.

K. No motor vehicle service station or auto repair shop, including any driveway to such uses, shall be established within 200 feet of the boundary line of any Residential District or of any school, church, park, playground, hospital, public library, institution for dependent children or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises are located. For purposes of this article, the distance shall be measured along the street line on the side of the street where such use is proposed or such driveway would cross.

L. No motor vehicle service station and no outdoor gasoline or oil pump or automotive service appliance shall be established on a lot that is within 1,000 feet of another lot measured along the same street frontage on which there is an existing motor vehicle service station or outdoor gasoline or oil pump or other automotive service establishment or of another lot for which a building permit has been issued for the erection of a motor vehicle service establishment.

§ 300-175 Commercial excavation operations.

[Amended 12-19-1993 by L.L. No. 2-1993]

The Town Board may approve a special permit for commercial excavation operations in the AR-40 Agricultural/Residential District, R-30 Residential District and MHD Mobile Home District, provided that the following standards and conditions are maintained.

A. The applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27, Article 23, of the Environmental Conservation Law, when applicable.

B. The minimum lot area for any such use shall be 20 acres.

C. All buildings and excavation operations shall be located or shall occur not less than 150 feet from any right-of-way or property line. The setback area shall not be used for any use in conjunction with the excavation and appurtenant activities, except for fencing, berms, buffers, access roads, parking and one public notice sign identifying the use of the property.

D. All equipment used for excavations and processing shall be constructed, maintained and operated in such a manner as to eliminate as far as is practicable, noises, vibrations and dust conditions which are injurious or a nuisance to persons living in the vicinity. Applicants shall provide a written statement which specifies the method proposed to be used and related operating procedures to keep roadways clean when hauling during mining operations.

E. All operations, including the starting of vehicles and excavation activities, shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., with no Sunday or holiday operations and except in the case of public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made.

[Amended 6-25-2020 by L.L. No. 3-2020]

F. All land which has been excavated must be rehabilitated in accordance with reclamation plans approved by the Town Board as part of the site development plan review and approval process. Whenever possible, the Town Board shall encourage excavation operators to reclamate areas on an ongoing basis as part of the excavation operation. All reclamation work shall be complete within one year after the termination of operations, at the expense of the operator. The rehabilitation plan shall be prepared by a licensed engineer, landscape architect or licensed surveyor and provide for at least the following objectives:

(1) The removal of all buildings and structures used in the operations.

(2) All excavations shall be graded and backfilled, and piles of waste material shall be leveled.

(3) Excavations made to a water-producing depth shall be properly sloped to the water line, with banks sodded or surfaced with soil of an equal quality to adjacent land area topsoil and shall be planted with trees, shrubs, legumes or grasses.

(4) Excavations not made to a water-producing depth must be graded or backfilled with nonnoxious, nonflammable, noncombustible solid material and in a topographic character which will result in a substantial general conformity to adjacent lands. Such grading or back-filling and leveled piles of waste materials shall be designed to minimize erosion and shall be surfaced with a soil equal in quality to that of adjacent land area and planted with trees, shrubs, legumes or grasses.

G. Where any open excavation will have a depth of 10 feet or more and a slope of more than 30°, there shall be a fence approved as to design, structure and height by the Town Board, with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residences as required by the Town Board.

H. The slope of material in any excavation shall not exceed the normal angle of repose or 45°, whichever is less.

I. A letter of credit shall be required to assure that the conditions stipulated in the approval of the special use permit, including the restoration of the site in accordance with the approved site development plan, are carried out.

J. Each tract of land to be granted a permit for excavation shall use only direct access to improved highways and demonstrate proof of legal right to that access.

K. All access roads shall be constructed to screen excavation and appurtenant activities from public view as much as feasible. The junction of the access and the public road must be at an angle of not more than 10° deviation from a right angle [90°].

L. All topsoil and subsoil shall be stripped from the active excavation area and stockpiled and seeded for use in accordance with the restoration plan. The location of topsoil to be stored shall be identified. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property. No topsoil shall be removed from the site without the express approval of the Town Board.

M. After any such operation, the site shall be made reusable for a use permitted in the district. Where topsoil is removed and ultimately replaced, sufficient arable soil shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of topsoil one foot in depth or original thickness, whichever is less. Fills shall be of suitable material approved by the Town Engineer.

N. Existing hills, trees and ground cover fronting along public roads or adjacent property shall be preserved, maintained and supplemented by selective cutting, transplanting and addition of new trees, shrubs and other ground cover for the purpose of screening and noise reduction. If, however, the existing topography and natural vegetation does not lend itself to an economically feasible supplement plan, the operation can, if properly landscaped with grass, trees and shrubs, grade back overburden around the perimeter of the excavation site to create a berm for the purpose of screening and noise reduction. No berm shall be constructed within 25 feet of any right-of-way line or other property boundaries.

O. Lateral support shall be sufficient to prevent the hazard or damage to persons, adjacent properties and public roads by reason of slides, sinking or collapse.

P. All access routes leading to public highways shall be dust and mud free. All precautions shall be taken to prevent dust and sand from being blown from the premises. Also, the first 200 feet of access from a public road shall be improved to meet written specifications as approved by the Town Board to ensure its suitability to carry heavy traffic.

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

R. An adequate and comprehensive drainage system shall be provided to convey the stormwater runoff originating on and crossing the premises in accordance with the natural direction of runoff for the total watershed area. No excavation shall be allowed within 50 feet of a natural stream. Sediment control measures shall be installed to keep sediment damage, if any, totally within the applicant's property. The Town Board shall determine whether or not the system and control measures are adequate and, in force, prior to approval of original or renewal permit.

S. The applicant shall include a plan for the control of soil erosion and excessive groundwater seepage upon public roads, streams or adjacent property. The Town Board shall determine whether or not the controls are adequate and in force prior to approval of the original or renewed permit.

T. All applications for a permit under this section must contain an operations plan in sufficient detail to describe the excavation operation, including active excavation and storage areas.

U. Permits under this section shall be issued for a period of one year and shall be subject to periodic site inspection and review by the Zoning Officer and Town Engineer. If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the term of such permit and all provisions of this chapter, such permit may be renewed by the Town Board for a period of one year. At least 10 days before taking any such renewal action, the Town Board shall cause a notice to be published in the official Town newspaper and posted on the official sign board a notice of the proposed renewal and a statement indicating clearly both the property affected and the nature of the operation. All ordinances and regulations in effect at the time a renewal is granted shall apply to the renewal permit in the same manner as when a new or original permit is issued.

V. Prior to taking action on any proposal for a permit under this section, the Town Board shall request and receive a written report from the Town Engineer on the adequacy and/or appropriateness of the proposed excavation.

§ 300-176 Private airstrips.

The Town Board may approve a special use permit for private airstrips in the AR-40 Agricultural/Residential and R-30 Residential Districts, provided that the following standards and provisions are maintained:

A. An application for the establishment, construction, enlargement or alteration of an airstrip shall include, in addition to requirements for special use permits outlined in § 300-14, the following statements and information:

(1) Name and address of the proponent.

(2) Classification of the proposed airport (commercial, noncommercial or restricted.)

(3) Type of aviation activities proposed (aircraft sales and service, flight instruction, crop dusting, air taxi, etc.).

(4) Number of aircraft expected to utilize the airstrip initially and within five years.

(5) Type of aircraft expected to utilize the facility.

(6) Statement as to the anticipated number of daily operations.

(7) Copy of the airspace clearance granted by the Federal Aviation Administration for this airport, including United States Geological Survey topographic map.

(8) A copy of the New York State Commissioner of Transportation's determination concerning this airport in accordance with the provisions of § 249 of the New York State General Business Law.

(9) A site development plan to be approved by the Town Board, which includes the following:

(a) Scale no smaller than one inch equals 100 feet.

(b) Location of existing and proposed structures.

(c) Alignment of existing and/or proposed runways shown in exact location and magnetic bearing to the nearest 30 minutes.

(d) Existing and proposed contours at intervals of five feet.

(e) Location of aircraft parking and tie-down areas.

(f) Provisions for access and off-street parking.

(g) Provisions for sanitary waste disposal and water supply, if applicable.

(h) Location and method of fuel storage.

(10) An area map at a scale of not less than one inch equals 500 feet showing:

(a) Distances from buildings, roads, natural features, power lines or other possible obstructions within 2,000 feet of the ends of runways, accurately plotted.

(b) Properties within 1,000 feet of the airport boundary, with owners identified and the location and height of each building demarcated.

B. Permits issued for the operation of an airstrip shall be valid for a period of three years. Said permit may be extended by action of the Town Board for successive periods of three years if the operation conforms to the initial proposal and the conditions on which the initial permit was issued are unchanged.

C. The Town Board, in considering a request for a special use permit or the extension of a permit to operate an airstrip, may impose any conditions it deems necessary to protect the health, safety and public welfare of the Town.

§ 300-177 Camping grounds.

[Amended 5-11-1995 by L.L. No. 2-1995; 6-14-2012 by L.L. No. 4-2012]

The Town Board may approve a special use permit for camping grounds in the AR-40 Agricultural/Residential, R-30 Residential, and ORM Office Research and Manufacturing Districts, provided that the following standards and provisions are maintained:

A. Camping grounds shall be occupied by travel trailers, pickup coaches, motor homes, camping trailers and recreational vehicles and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports, cabanas or patios may be attached to any travel trailer or other vehicular accommodation parked in a camping ground, and the removal of wheels and placement of a unit on a foundation in a camping ground is prohibited.

B. Minimum site area shall be 25 acres.

C. Minimum lot size shall be 25 feet by 80 feet to accommodate areas with travel trailers and campers and 25 feet by 50 feet for areas to be occupied exclusively with tents.

D. Not more than a total of 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

E. Location and access. A camping ground shall be so located that no entrance or exit from a site shall discharge traffic into an R-22 Residential District nor require movement of traffic from the camping ground through an R-22 Residential District. A camping ground shall have a minimum of 200 feet of frontage on a public street.

F. Site conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. Natural vegetation shall be retained wherever possible. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

G. Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:

(1) Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground.

(2) Such establishments shall be restricted in their use to occupants of the camping ground.

(3) Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.

H. Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Departments of Health and Environmental Conservation and shall receive approval from said agencies.

I. Streets.

(1) Streets in camping grounds shall be private, but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway-width requirements:

(a) One-way street, no parking: 12 feet.

(b) One-way street with parking on one side or two-way street with no parking: 18 feet.

(c) Two-way street with parking on one side: 27 feet.

(d) Two-way street with parking on both sides: 34 feet.

(2) Plans and specifications for streets shall be reviewed and approved by the Town Engineer. All roadways and public parking areas shall either be paved or dust treated.

J. Recreation facilities. A minimum of 10% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel-trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.

K. Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Road curbs shall have a minimum radius of 50 feet and shall be designed for drive-through campsite parking.

L. Off-street parking and loading. In connection with use of any camping ground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk or required buffer or right-of-way or any public grounds or on any private grounds not part of the camping ground, unless the owner has given written permission for such use. Each camping ground shall provide off-street parking, loading and maneuvering space, located and scaled so that the prohibitions above may be observed, and camping ground owners shall be responsible for violations of these requirements.

M. An adequate lighting system shall be provided for the camping ground. Pedestrian walkways shall be provided to lead to all parking areas, restrooms or other service buildings. All walkways shall have adequate lighting.

N. All utilities shall be underground.

O. Not less than one covered twenty-gallon garbage receptacle shall be provided for each camp site. No camp site shall be situated further than 100 feet from a garbage receptacle. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions.

P. All applicable sanitation standards promulgated by the State of New York shall be met.

Q. No camp structure, except fences, gates and permitted signs, shall be located within 150 feet of any street or property line.

R. Campsites and buildings shall be set back not less than 100 feet from major waterways and 50 feet from minor creeks.

S. Permits under this section shall be issued for a period of one year and shall be subject to periodic inspection by the Town Zoning Officer. If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the term of such permit and all provisions of this chapter, such permit may be renewed by the Town Board for a period of one year. At least 10 days before taking any such renewal action, the Town Board shall cause a notice to be published in the official Town newspaper and posted on the official sign board a notice of the proposed renewal and a statement indicating the property affected and the nature of the activity to be permitted. All rules and regulations in effect at the time a renewal is granted shall apply to the renewal permit in the same manner as when a new or original permit is issued.

§ 300-178 Public and semipublic uses and buildings.

The Town Board may approve a special use permit for public and semipublic uses of an institutional, health, educational, recreational, religious or cultural nature in any district, provided that the following standards and provisions are maintained:

A. A statement setting forth the details of the operation of the use.

B. The applicant shall provide the Town Board with evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

C. The proposal shall meet the minimum area and yard requirements for such uses as specified in Schedule I.[1]

[1] Editor's Note: Schedule I is included as an attachment to this chapter.

D. The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter, as well as provisions for landscaping, buffering, signs and accessways.

E. The Town Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Town.

§ 300-179 Multiple-family developments.

The Town Board may approve a special use permit for multiple-family developments in the R-22 Residential District and the GC General Commercial District, provided that the following standards and provisions are maintained:

A. The minimum land area required for such use shall be three acres.

B. The maximum gross density shall not exceed eight dwelling units per acre.

[Amended 5-11-1995 by L.L. No. 2-1995]

C. Apartment buildings shall contain no more than 12 dwelling units.

D. Townhouse buildings shall contain no more than eight dwelling units.

E. Minimum habitable floor area requirements:

(1) Townhouse unit having two bedrooms or less: 850 square feet.

(2) Townhouse unit having three bedrooms or more: 1,000 square feet.

(3) Apartment unit, efficiency: 450 square feet.

(4) Apartment unit having one bedroom: 550 square feet.

(5) Apartment unit having two bedrooms: 700 square feet.

(6) Apartment unit having three bedrooms: 800 square feet.

(7) Apartment units having four bedrooms: 900 square feet.

F. Unit distribution:

(1) No more than 30% of the total units within a multiple-family dwelling development shall be efficiency units.

(2) No more than 30% of the total units within a multiple-family dwelling development shall have three or more bedroom units.

G. Setback requirements. Minimum area and yard requirements for each multiple-family structure within a multiple-family development shall be as follows:

(1) Setback, front and rear, shall be 75 feet; and, side, 50 feet.

(2) Minimum distance between buildings shall be 60 feet.

(3) Direct line of sight visibility from one building to another shall not be less than 100 feet.

(4) Every building shall have a minimum setback of 25 feet from all interior roads, driveways and parking areas.

(5) A strip of land at least six feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height.

(6) Court yards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.

H. No exterior wall shall exceed 100 feet in length, unless there is a lateral offset of at least eight feet in its alignment, not less frequently than along each 100 feet of length of such exterior wall.

I. All stairways to the second floor or higher shall be located inside the building.

J. Access to public road:

(1) All multiple-family dwelling developments shall have direct access to a public road.

(2) If there are more than 12 dwelling units in a multiple-family dwelling development, direct access must be provided to a public road by a private driveway or a road dedicated to the Town by the developer.

(3) If there are more than 50 dwelling units in a multiple-family development, or if in the opinion of the Town Board the location or topography of the site indicates the need for additional access, the Town Board may require such additional access as a condition of site plan approval.

K. Requirements for off-street parking as provided in Article XI of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that such lots shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all living units each parking area is intended to serve.

L. The aggregate lot coverage of multiple-family dwelling developments shall not exceed 30% of the total lot area.

M. Services.

(1) Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.

(2) There shall be a minimum common storage area in each building for bicycles, perambulators and similar types of equipment of 40 square feet in area, a minimum of five feet in height and not less than four feet in width per dwelling unit.

(3) Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.

N. Recreation; open space; maintenance.

(1) Multiple-family dwelling complexes shall be designed to create usable private open space. A minimum of 10% of the total tract area, exclusive of the required setback areas, buffer strip and parking areas shall be designated for common recreational purposes.

(2) No recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width. Areas designated for recreation purposes shall be approved by the Town Board.

(3) Multiple-family dwelling complexes shall be attractively shrubbed and properly maintained. Open space adjacent to, around or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.

O. Utilities.

(1) All public utility, electric, gas, cable television and telephone lines shall be installed underground.

(2) Multiple-family developments shall be connected to and served by public water supply and sanitary sewer systems.[1]

[1] Editor's Note: Original Section 1009, which immediately followed this section and dealt with cluster residential development, was repealed 5-11-1995 by L.L. No. 2-1995.

§ 300-180 Planned business centers.

The Town Board may approve a special use permit for a planned business center in the AR-40 Agricultural/Residential, R-30 Residential and ORM Office/Research/Manufacturing District, provided that the following standards and provisions are maintained:

A. The Town Board shall determine that the physical character of the site proposed for planned business use is adequate to accommodate the proposed use, and that plans for storm drainage are capable of serving the planned business area.

B. The site shall be served by public water and sanitary sewer services.

C. The Town Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

D. Proposed planned business centers shall be located on a site of not less than four acres with not less than 300 feet of frontage on each highway which fronts the site.

E. Planned business centers shall be constructed in accordance with an overall plan for the entire area and shall be designed with a single architectural scheme with appropriate common off-street parking, service road access and landscaping. The development shall provide initially for the construction of either a minimum of 8,000 square feet of ground floor area or a minimum of four of the permitted uses.

F. Planned business centers shall not have more than one entrance to the site on each highway frontage. The location and width of said entranceways shall be subject to approval by the Town Board.

G. Uses permitted are shopping centers, stores and shops where retail goods are sold or personal services rendered which are similar, but not limited to, the following:

(1) Retail business establishments which are clearly of a neighborhood service character such as grocery stores, drugstores, stationery, variety and clothing stores and restaurants.

(2) Personal service establishments such as barber and beauty shops, shoe repair shops, business and professional offices, self-service laundries and dry-cleaning stores.

(3) Other uses approved by the Town Board.

H. Off-street parking shall be provided at a ratio of not less than one parking space per 150 square feet of floor area. Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use shall also be permitted.

I. Truck loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and materials on the premises rather than on a public street or customer off-street parking area on the premises. A dense landscaping screen of not less than six feet in height shall be required where off-street loading and unloading areas abut residential uses so that such operations shall be shielded from view from such residences.

J. The regulations of Article XXIII shall govern the location, size, number and characteristics of signs in a planned business center.

K. The Town Board may prescribe more restrictive conditions deemed reasonable or appropriate with respect to improving the design quality of a planned business center.

L. A letter of credit shall be established and provided prior to final approval of the planned business center to assure that all parking, entrances, exits, facilities and services are installed as required and proposed.

M. Where a planned business center abuts a residential use or district, there shall be a landscaped buffer strip not less than 30 feet in depth at the periphery of the planned business center. This landscaped buffer shall be provided within the minimum setback requirements. The buffer strip shall include materials and be perpetually maintained by the developer or owner to provide a visual screen between the planned business center and the adjoining residential lot(s), and shall be used for no other purpose.

N. Lighting within the center shall be provided in a manner so as to minimize potential disturbance to adjacent properties.

§ 300-181 Car wash establishments.

The Town Board may approve a special use permit for car wash establishments, including both coin-operated vehicle washers and automatic vehicle washers, in the GC General Commercial District, provided that the following standards and provisions are maintained:

A. Coin-operated vehicle washers. These washers are intended to be those where the vehicle operator washes the vehicle by using a device which is geared to a coin-operated, timed mechanism.

(1) The vehicle washing facility or customary uses or operations associated with the facility shall be located no closer than 300 feet to any residential district and shall be separated from a residential district by another nonresidential use.

(2) All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.

(3) Vacuuming facilities may be located outside the building, but shall not be in the front yard and shall meet the respective setback requirements as required for the GC General Commercial District. Such area shall be buffered or screened as deemed necessary by the Town Board.

(4) Off-street parking shall be provided on the property in the ratio of not less than four reservoir parking spaces entering each washing stall and three reservoir parking spaces at the exit from each stall plus one space per employee.

(5) All off-street parking areas shall be paved.

(6) Any lights used to illuminate the area shall be directed away from adjacent properties and roadways.

(7) The hours of operation shall be determined by the Town Board.

B. Automatic vehicle washers. These vehicle washers are intended to be those where the vehicle is either slowly driven through or pulled through by an automatic chain mechanism. This vehicle washer is one in which the vehicle operator does not perform any of the washing function other than to drive the vehicle where necessary.

(1) The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 500 feet to a residential district.

(2) All vehicle wash operations shall be so soundproofed. The entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial uses measured at the same point on said adjacent property.

(3) There shall be provided no less than 10 reservoir parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays and five parking spaces at the exit of each washing area. One parking space shall also be provided for each employee on the maximum shift.

(4) Vacuuming facilities may be provided outside of the building, but shall meet the setback requirements as required for the GC General Commercial District. Such area shall be buffered or screened as deemed necessary by the Town Board.

(5) [1]Any lighting shall be directed away from adjacent properties and roadways.

[1] Editor's Note: Original Subsection B(5), limiting operations on the property, was repealed 6-25-2020 by L.L. No. 3-2020.

(6) All off-street parking areas shall be paved.

(7) All washing operations shall be conducted within enclosed structures which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.

(8) Water used for washing vehicles shall be collected and recycled for additional use.

C. The Town Board may permit operators of car wash establishments to sell gasoline on the site of the car wash property. The Town Board in considering such a request may require the operator to submit additional information to adequately describe the location and operation of such activity and, as a condition of granting such approval, may impose any conditions it deems necessary to protect the health and safety of motorists and pedestrians and to protect adjacent properties from potential adverse impacts of such use. Under no conditions shall the operator be allowed to perform repairs to motor vehicles on the site. Further, any merchandise available for sale shall be maintained within a fully enclosed building.

§ 300-182 Commercial recreation uses.

[Amended 5-11-1995 by L.L. No. 2-1995; 6-25-2020 by L.L. No. 3-2020]

The Town Board may approve a special use permit for low-density commercial recreation in the AR-40 Agricultural/Residential District and R-30 Residential District and low- or high-density commercial recreation in the GC General Commercial District, provided that the following standards and provisions are maintained:

A. The applicant shall submit a written statement which sets forth the details of the operation of the proposed use.

B. The minimum tract size for such a use shall be five acres with not less than 300 feet of frontage on each highway which fronts the site.

C. The Town Board shall determine that the physical character of the site is adequate to accommodate the proposed use and that plans for water supply, sewage disposal and storm drainage are capable of meeting anticipated demands.

D. The Town Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

E. Prior to granting a special use permit for such uses, the Town Board may impose any conditions deemed reasonable or appropriate with respect to improving the design quality of the proposed use or to minimize the impact of such uses on adjacent properties.

F. The regulations of Article XXIII shall govern the location, size, number and characteristics of signs for such uses.

G. A letter of credit shall be established and provided prior to final approval of commercial recreation uses to ensure that all parking, entrances, exits, facilities and services are installed as required and proposed.

H. A landscaped buffer strip not less than 30 feet in depth shall be provided along the periphery of the proposed use. This landscaped buffer shall be provided within the setback requirements. The buffer strip shall include materials and be perpetually maintained by the developer or owner to provide a visual screen between the proposed use and adjoining properties and shall be used for no other purpose.

I. Lighting shall be provided in a manner so as to minimize potential disturbances to adjacent properties.

§ 300-183 Restaurants and taverns.

The Town Board may approve a special use permit for a freestanding restaurant or tavern in the GC General Commercial District, provided that the following standards and provisions are maintained:

A. The applicant shall submit a written statement setting forth the details of the operation of the proposed use.

B. The applicant shall provide the Town Board with evidence of approval, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

C. The proposal shall meet the minimum yard requirements for such uses as specified in Schedule I.[1]

[1] Editor's Note: Schedule I is included as an attachment to this chapter.

D. The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter, as well as the provisions for landscaping, buffering, sign controls and accessway requirements which limits each such use to only one accessway from the highway.

E. Lighting shall be provided in a manner so as to minimize potential disturbance to adjacent properties and roadways.

F. The Town Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Town.

§ 300-184 Small businesses.

[Added 5-11-1995 by L.L. No. 2-1995]

The Town Board may approve a special use permit for a small business in the AR-40 Agriculture Residential District, provided that the following standards and provisions are maintained:

A. The applicant shall submit a written statement setting forth the details of the proposed small business use.

B. The minimum size of the parcel upon which a small business shall be permitted is 10 acres.

C. A small business use shall be accessory to a use permitted as of right.

D. A small business shall be conducted between the hours of 7:00 a.m. and 7:00 p.m.

E. There shall be allowed at any one time no more than two Class 8 vehicles at the specially permitted small business location.

F. There shall be allowed at any one time no more than four employees or independent contractors at the specially permitted small business location.

G. Buffering and off-street parking shall be provided as may be recommended by the Planning Board and approved by the Town Board.

H. All lighting shall be directed away from adjacent properties and roadways.

I. Water and sewer service to the small business operation shall be reviewed by the Planning Board and approved by the Town Board.

J. The Town Board, in considering the request for a special permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Town.

§ 300-185 Telecommunications towers.

[Added 6-13-2002 by L.L. No. 2-2002]

A. Purpose.

(1) The purpose of these supplemental regulations is to promote the health, safety, and general welfare of the residents of the Town of Macedon; to provide standards for the safe provision of telecommunications towers consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures: and to minimize adverse siting, mitigate impacts and ensure appropriate landscaping and buffering.

(2) It is a further purpose of this section to prevent visual intrusion of such communication installations and to protect the natural features and aesthetic characteristics of the Town of Macedon. The Town of Macedon recognizes the increased demand for wireless communication transmitting facilities and the need for the services they provide. Often, the facilities require the construction of towers. The unaesthetic intrusion of large or high structures of unusual shape or size, monolithically towering above standard-appearing homes and structures, can be disturbing to visual sensitivities. Bulk and visual impact of such installations creates aesthetic problems making it appropriate to have some special limitations as to size and placement thereof. The intent of this section is to protect the Town's interest in properly siting towers in a manner consistent with sound land use planning while also allowing wireless services providers to meet their technological and service objectives. Accordingly, it is the intent of this section to provide a means of controlling the installation and maintenance of such installations. It is furthermore intended to provide a safe and effective way to maintain the aesthetic character of and harmony within the Town of Macedon.

B. Application of special permit regulations.

(1) No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and unless in conformity with these regulations.

(2) No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these regulations.

(3) Telecommunications towers and accessory facilities/structures shall be permitted in all zoning districts, subject to and upon the approval and issuance of a special use permit by the Town Board and final site plan approval by the Town of Macedon Planning Board under the procedures set forth in Macedon Code § 300-14 and § 300-185.

[Amended 12-10-2015 by L.L. No. 4-2015]

C. Shared use of existing tall structures or existing or approved towers. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers shall be preferred to the construction of new towers.

(1) An applicant proposing to share use of an existing tall structure or existing or approved tower shall be required to submit:

(a) A completed application for a special use permit.

(b) Documentation of intent from the owner of the existing facility to allow shared use.

(c) A site plan. The plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. In cases where shared use of an existing tall structure is proposed, any methods used to conceal this modification of the existing facility shall be indicated on the site plan.

(d) An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, or existing or approved tower, and explaining what modifications, if any, will be required in order to certify to the above.

(e) A completed long-form EAF and a completed visual EAF.

(f) A copy of its certificate of need from the Public Service Commission and a copy of its Federal Communications Commission (FCC) license.

(2) If an applicant proposing to share use of an existing tall structure, or existing or approved tower, submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Town Board, the Town Board shall grant a special use permit without further review under this section. If the Town Board determines that any modifications indicated according to subsection C(1) are significant, it may require further review according to Subsections H through S below.

(3) The Town Board may consider a new telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate inventory of all existing tall structures and existing or approved towers within eight miles (both within and outside of this municipality) of the proposed site and outlining opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.

D. Additional criteria for special use permit applications for the construction of new telecommunications towers. The Town Board shall grant a special use permit application to an applicant for shared usage of an existing tower site for a new tower or for construction of a new telecommunications tower and a new location, provided the applicant meets all applicable requirements set forth in Subsections E through S below, and sufficiently demonstrates the following:

[Added 12-10-2015 by L.L. No. 4-2015]

(1) The construction of a telecommunications tower on the proposed site is necessary to provide safe and adequate service and that it will eliminate substantial aspects of the existing gaps in cellular service, improve transmission and reception of existing service in the Town of Macedon and in the surrounding region, or provide service in places where no wireless service is currently available;

(2) Compelling reasons, related to technology, economics, efficiency and other factors, justify the position that it is preferable and more feasible to use this single site than multiple alternate sites; and

(3) The intrusion on the community is genuinely minimal and that it will have a negligible impact on the surrounding neighborhood.

E. Shared usage of an existing tower site for new tower. Where use of existing tall structures or approved towers is found to be impractical, the applicant shall investigate shared usage of a previously approved tower site. Documentation and conditions shall be in accordance with Subsection C(1) above. Any new telecommunications tower and/or equipment proposed for an existing tower site shall also be subject to the requirements of Subsections G through S below.

F. New tower at a new location. The Town Board may consider a new telecommunications tower on a site not previously developed with an existing tower when an applicant demonstrates that shared use of existing tall structures, and existing or approved towers, is impractical, and submits a report as described in Subsection C(1) above; and when the Town Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with this section. Any proposed new telecommunications tower shall also be subject to the requirements of Subsection G through S below. Applications for new tower construction shall be considered Type 1 actions under SEQRA regulations.

[Amended 12-10-2015 by L.L. No. 4-2015]

G. Future shared use of new towers. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the new tower owner, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter, which shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this section), shall commit the new owner and his/her successors in interest to:

(1) Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.

(2) Negotiate in good faith concerning future requests for shared use of the new tower, by other telecommunications providers.

(3) Allow shared use of the new tower if another telecommunications provider agrees in writing to pay charges.

(4) Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of the site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

H. Site plan review: submission requirements. Prior to the issuance of a special use permit by the Town Board and site plan approval by the Planning Board, the following requirements shall be complied with:

(1) An applicant shall be required to submit a site plan in accordance with Chapter 190, Land Use and Public Works, § 190-48. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. The site plan will also be required to show the following:

(a) The site plan shall also include a side elevation of the proposed tower and all accessory structures.

(b) The location of all structures on the property and all structures on any adjacent property within 100 feet of the property lines, together with the distance of these structures to the communication tower.

(c) Inventory of other existing and proposed communication towers within an eight-mile radius of the proposed site.

(2) Supporting documentation. The Planning Board shall require that the site plan include a complete long-form environmental assessment form and visual EAF and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The Planning Board shall also require a copy of the applicant's certificate of need from the Public Service Commission and a copy of the applicant's Federal Communications Commission (FCC) license.

[Amended 12-10-2015 by L.L. No. 4-2015]

(3) Preference for siting communication towers. The following establishes a system of preferred locations that a proposed tower be located in a specific setting or in a specific area or zoning district, provided there is a technologically feasible and available location. A guideline for the preference, from the most favorable to the least favorable district/setting/property, is as follows:

(a) Property with an existing structure suitable for collocations (including existing towers, farm silos, municipal water tanks, steeples, etc.).

(b) Municipal or government-owned property.

(c) ORM Office/Research Manufacturing District and GC General Commercial District.

[Amended 12-10-2015 by L.L. No. 4-2015]

(d) Any other zoning district.

[Added 12-10-2015 by L.L. No. 4-2015]

I. Lot size and setbacks. All proposed telecommunications towers and accessory structures for a single application shall be located on a single tax parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on-site all ice-fall or debris from tower failure and preserve the privacy of any adjoining residential properties.

(1) Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire lot required shall be leased from a single parcel.

(2) Telecommunication towers shall comply with all existing setback requirements of the underlying zoning district, or shall be located with a minimum setback from any property line equal to 1 1/2 times the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.

J. Visual impact assessment. The Planning Board shall require the applicant to undertake a visual impact assessment of any proposed new tower or any proposed modification of an existing tower, unless the modification is in conjunction with Subsections C(1) and C(2) above and found to be insignificant by the Planning Board, which shall include:

(1) A "Zone of Visibility Map" shall be provided in order to determine locations where the tower may be seen.

(2) Accurate pictorial representations of "before" and "after" views from key viewpoints both inside and outside of the Town, including but not limited to: state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Planning Board shall determine the appropriate key sites at a presubmission conference with the applicant.

(3) Assessment of alternative tower designs and color schemes, as described in Subsection K below.

(4) Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

K. New tower design. Alternative designs shall be considered for new towers, including but not limited to lattice, single-pole structures, and camouflaged designs. The design of a proposed new tower shall comply with the following:

(1) Any new tower shall be structurally designed to accommodate future shared use by at least three other telecommunications providers (four total carriers minimum). Ground lease areas shall be large enough to accommodate ground equipment for a total of four carriers.

(2) Unless specifically required by other regulations, all towers shall have a neutral earth tone or similar painted finish that shall minimize the degree of visual impact.

(3) The maximum height of any new tower in the Town of Macedon shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state, and/or federal law and/or regulation. Under no circumstance shall any antennas, extensions, or other devices extending above the structure of the tower measured from the ground surface immediately surrounding the site exceed 199 feet.

(4) The Planning Board may request a review of the application by a qualified engineer and/or legal counsel in order to evaluate the need for and the design of any new tower. Expenses for this evaluation shall be the responsibility of the tower applicant.

(5) Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

(6) No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company names, phone numbers, banners, and streamers.

L. Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special permit.

M. Screening. Deciduous or evergreen tree plantings shall be required to screen portions of the tower and accessory structures from adjacent property as well as from public sites known to include important views or vistas.

N. Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

O. Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces based upon a recommendation from the applicant.

P. Fencing. Sites of proposed new towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence, design of which shall be approved by the Planning Board, unless the applicant demonstrates to the Planning Board that such measures are unnecessary to ensure the security of the facility.

Q. Removal. The applicant shall submit to the Town Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. A bond shall be placed with the Town equal to the cost of removal and reclamation of the site. Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations will result in utilizing the bond for site reclamation.

R. Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use, prior to preliminary approval the Planning Board shall require:

(1) An applicant who proposes a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders the Town of Macedon, including the Towns of Penfield, Perinton, Victor, Farmington, Walworth, Marion, Palmyra, Manchester, the Village of Palmyra, and the Wayne County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.

[Amended 6-25-2020 by L.L. No. 3-2020]

(2) Documentation of the notification shall be submitted to the Planning Board at the time of application.

S. Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within a one-mile radius of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Town Board prior to the public hearing.

§ 300-186 Solid waste landfill.

[Added 2-24-2005 by L.L. No. 5-2005]

The Town Board may approve a special use permit for a solid waste landfill in the ORM — Office, Research and Manufacturing District, provided that the following standards and provisions are maintained:

A. Any application for a solid waste landfill shall be considered a "Type I" action, pursuant to the SEQRA review process, pursuant to 6 NYCRR 617.4(a)(1).

B. The applicant shall submit a written statement which sets forth the details of the operation of the proposed use, including the applicant's qualifications and experience in operating a solid waste landfill.

C. The special use permit term for a solid waste landfill shall be five years, after which the permit shall be considered for renewal by the Town Board, for subsequent terms of five years.

D. In making its decision to grant a special use permit for a solid waste landfill, the Town Board shall thoroughly investigate and consider all impacts relative to the operation of a solid waste landfill, including, but not limited to, traffic generation versus existing levels, traffic patterns and property values.

E. Solid waste landfills must provide a comprehensive, guaranteed property value protection program for all existing properties within 1/2 mile of the facility within the Town of Macedon at the time of the initial special use permit approval, in a manner satisfactory to the Town Board.

F. Solid waste landfills must provide the Town of Macedon a host community agreement, to be negotiated by the Town Board, which will adequately compensate the citizens of the Town of Macedon for permitting such use to exist.

G. To ensure that the facility remains under the control of a competent operator/owner, any change in ownership or operator of the solid waste disposal facility requires the new owner to apply for, and receive, a new special use permit from the Town Board, prior to any such change occurring.

H. The Town Board shall require adequate financial security from the owner of the facility to guarantee appropriate final closure of the facility to NYSDEC standards at no expense to the Town of Macedon.

I. The Town Board shall require adequate financial security from the owner of the facility to guarantee that the appropriate long-term monitoring and maintenance of the facility will occur following final closure, for a period of not less than the mandated long-term monitoring time frame required by the NYSDEC, or 50 years, whichever is greater, at no expense to the Town of Macedon.

J. The Town Board shall require substantial landscaping and buffering to mitigate visual impacts of the facility.

K. All site design considerations (i.e., size, height, location, setbacks, etc.) shall be considered by the Town Board on a site specific basis, considering the local conditions, impact on residents and all other relevant factors.

L. Solid waste landfills shall not be subject, in any way, to the requirements of Town Zoning Law § 300-191.

M. The Town Board shall impose any conditions and take any actions it deems necessary to protect the public health, safety and welfare.

§ 300-187 Solar as principal use.

[Added 6-8-2017 by L.L. No. 2-2017]

Principal use systems are permitted through the issuance of a special-use permit within the AR-40 Agricultural/Residential, GC General Commercial, and ORM Office/Research/Manufacturing districts, subject to the following requirements:

A. Height and setback. Principal use systems shall adhere to the height and setback requirements of the underlying zoning district. Additional restrictions may be imposed during the special-use permit process.

B. Principal use systems shall be located on lots with a minimum lot size of 10 acres.

C. All principal use systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the special-use permit process.

D. On-site electrical interconnection lines and distribution lines shall be placed underground, unless otherwise required by the utility.

E. The removal of existing vegetation is limited to the extent necessary for the construction and maintenance of the solar installation.

F. No principal use system shall be installed within 1,000 feet of a state road.

G. No principal use system shall be installed on a property adjacent to a property containing a dwelling unit unless the principal use system is more than 1,000 feet from the neighboring dwelling unit and set back at least 200 feet from the property line.

[Amended 5-28-2020 by L.L. No. 2-2020]

H. Additional special-use permit requirements. Principal use system special-use permits shall not be approved unless the applicant provides the following:

(1) Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

(2) Name, address, and contact information of the applicant, property owner(s), and agent submitting the proposed project.

(3) If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

(4) Site plan. Site plan approval is required.

(5) Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system.

(6) The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and invertors that are to be installed.

(7) Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

(8) Decommissioning plan.

(a) To ensure the proper removal of principal use systems, a decommissioning plan shall be required. The plan shall include the removal of all infrastructures and the remediation of soil and vegetation back to its original state prior to construction, unless otherwise permitted. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation.

(b) To protect the Town from the expense of removing the principal use system should the system be abandoned before being properly decommissioned in accordance with the decommissioning plan, the permittee shall be required to provide a form of surety, through escrow, bond, or the equivalency thereof, in the amount and manner deemed appropriate by the Town Board at the time the special use permit is authorized.

I. Lot coverage. The maximum lot coverage for a principal use system shall be 30% of the total lot area. The lot coverage of the principal use system shall be as measured at the exterior perimeter fence for the array.

[Added 5-28-2020 by L.L. No. 2-2020]

J. Landscape buffering. Excessive landscape buffering, including, but not limited to, earthen berms, fencing, and tree and shrub plantings, shall be provided which substantially shields the principal use system from any significant viewsheds, including adjacent residents, scenic vistas, and main roadways, to the satisfaction of the Town Planning Board. Significant viewsheds shall be determined by the Town Planning Board after reviewing the initial sketch plans for the project. The Planning Board shall require visual simulations of the developed project during its review to determine compliance with this requirement.

[Added 5-28-2020 by L.L. No. 2-2020]

K. Access to site. Access shall be provided to the fenced compound area by a driveway with a minimum width of 24 feet, designed to an HS-25 load rating capable of holding Fire Department apparatus. The surface of the driveway shall be maintained free of potholes, standing water and other obstructions.

[Added 5-28-2020 by L.L. No. 2-2020]

L. Third-party inspections. Third-party compliance inspections shall be required as follows, with all costs payable by the applicant and/or project owner. All third-party inspections required below shall be certified to the Town of Macedon, indicating the project complies with all applicable Town, state and federal codes, rules and regulations. Where deficiencies are identified by the third-party inspector, they shall be detailed in the report.

[Added 5-28-2020 by L.L. No. 2-2020]

(1) Site plans and building permit plans. Third-party review of submittal documents for site plan and building permit review shall be required at the time of initial reviews.

(2) Construction. Third-party inspections of the installation of the system during construction shall be required by an inspector satisfactory to the Town Engineer.

(3) Annual. Annual operation and maintenance inspections of the array by a third party acceptable to the Town Engineer shall be required.

§ 300-187.1 Agricultural event venue.

[Added 1-23-2025 by L.L. No. 1-2025]

A. Intent. The intent of this section is to promote health and safety and ensure compatibility with the neighborhood and general area where agricultural event venues are located and to minimize their impact on properties and residents in the Town.

B. Approvals required. Any person or entity seeking to operate an agricultural event venue, including any such agricultural event venue that began its operations prior to the adoption of the section, must obtain a site plan approval and a special use permit from the Town Board in accordance to the regulations set forth herein. In its sole discretion, the Town Board is authorized to waive any of the requirements of this section based upon the characteristics of the application.

C. Site plan review. Applicants must submit the following materials to the Planning Board for its review and approval:

(1) A sketch of the lot or lots which will be used as the agricultural event venue on a location map (e.g., tax map) showing boundaries and dimensions of the lot or lots involved and identifying contiguous properties, roadways and any known easements or rights-of-way which burden or benefit the lot or lots. Additionally, the sketch must show the following:

(a) The existing features of the lot or lots, including land, watercourses, wetlands, water or sewer systems and the approximate location of all existing structures (including buildings) on or immediately adjacent to the lot or lots.

(b) The proposed location and arrangement of the event area and structures, including but not limited to buildings, tents, gazebos, barns and parking.

(c) The proposed uses on the lot or lots, including means of ingress and egress, parking and circulation of traffic.

(2) A sketch of any proposed buildings, structures, tents, gazebos, barns or signs, including exterior dimensions and elevations of front, side and rear views of each. Include copies of any available blueprints, plans or drawings.

(3) A description of the intended use and location of the existing and proposed buildings, structures, tents, gazebos, barns and signs, including information regarding the anticipated frequency and types of events and any anticipated changes in the existing topography and natural features of the lot or lots to accommodate the changes.

(4) Provide the name and address of the applicant and all owners of the subject lot or lots. If the owners of the lot or lots are entities other than a natural person, please provide the names and addresses of the individual or individuals who are the owners or members of the entity.

(5) Provide the name and address of any professional advisors assisting the applicant, including but not limited to authorized agents, attorneys and engineers. If the applicant is not the owner of the lot or lots, provide written authorization of the owner of the lot or lots.

(6) Submit the application fee established by resolution of the Town Board.

D. Special use permit. No agricultural event venue special use permit shall be issued unless the owner or operator of the proposed agricultural event venue demonstrates to the Town Board that all proposed features are essential to the operation or support of the agricultural event venue, will create no significant sustained adverse effect on neighboring residential properties, and will be in harmony with the rural, historic and scenic character of the neighborhood.

E. The following regulations shall apply to agricultural event venues:

(1) Frequency. The maximum number of events permitted per calendar year at an agricultural event venue shall be determined by the Town Board based upon a review of site conditions at the agricultural event venue, including but not limited to lot size, the number and location of buildings and structures and parking facilities.

(2) Life safety plan. The applicant shall abide by a life safety plan, which shall contain all safety information, plans, and specifications as deemed necessary by the Town Code Enforcement Officer and Fire Marshal.

(3) Parking/driveways. The parking area shall be adequately screened from neighboring residences. No vehicles shall be permitted to park on accessways, driveways or roads. If the Town Board determines that the regulation of traffic on roads shall be necessary, such regulation shall only be done by law enforcement personnel. The cost of such traffic regulation shall fully be paid for by the agricultural event venue on a per event basis.

(4) Number of attendees. The Town Fire Marshal shall determine the maximum number of attendees allowed at any agricultural event venue, taking into account the size and occupancy capacity of buildings and structures located in the event area, the proximity of the event area to adjoining residences, the size and location of parking facilities, the potential for noise or other disruptions to the neighborhood, and the safety of all persons.

(5) Open space/historic building preservation. To the greatest extent practical, existing open space and unique natural areas, such as farmland, watercourses, wetlands, ponds, marshes, and steep slopes, should be preserved. Significant or historic buildings should be preserved and incorporated into the site plan wherever possible.

(6) Noise/sound. All sources of amplified sound occurring as a result of the event, including but not limited to music, performances, and spoken words, shall conform to the specifications contained in the Town noise ordinance, as codified in Chapter 201 of the Town Code. The Town Board may specify any further restrictions, conditions, or mitigation measures it deems appropriate relating to the use of amplified sound in order to reduce noise from traveling beyond the event area.

(7) Fireworks, firecrackers or other artificially generated loud noises are not permitted unless approved by the Town Board and a temporary permit is issued for the same.

(8) Inspections. An agricultural event venue shall be subject to periodic site inspections by the Code Enforcement Officer to determine compliance with the terms of its special use permit and site plan as well as the provisions of the Town Code.

(9) Special use permit review. Any special use permit issued to an agricultural event venue under this section shall be reviewed by the Town Code Enforcement Officer annually. In the event Town Code Enforcement Officer finds compliance violations or that operational conditions are negatively impacting public safety or the use and enjoyment of neighboring properties, or the permitholder gives notice of material additions or modifications to the operational conditions of the agricultural event venue to go in effect in the upcoming year, the Town Board shall hold a public hearing to review the continuation of the special use permit or any modifications thereof. Within 30 days of the conclusion of the public hearing, the Town Board shall issue a written determination which may amend or revoke the special use permit based upon the findings of its review. In the event that Town Code Enforcement Office finds there no compliance violations or operational conditions negatively impacting public safety or the use and enjoyment of neighboring properties, and the permitholder affirms that there will be no material additions or modifications to the operations of their agricultural event venue, then the special use permit shall be renewed.

(10) Noncompliance. In the event of violations of the Town Code or the conditions of the special use permit, the Code Enforcement Officer is authorized to issue a stop order prohibiting further operation of the agricultural event venue if deemed necessary to preserve the health, safety, and welfare of the public.

(11) Inconsistency. Whenever any sections of the Town Code are inconsistent with the express provisions of this section, the express provisions of this section shall govern, unless explicitly stated otherwise.

(12) Hours of operation. The Town Board shall specify dates and hours during which events may occur.

(13) Insurance. The owner of agricultural event venue shall maintain at all times comprehensive general liability insurance with limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate, with the Town and its officers and employees named as additional insureds on a primary and noncontributory basis. The owner shall annually and upon demand from the Code Enforcement Officer provide certificates of insurance evidencing the Town and its officers and employees have been named as additional insureds.

(14) The requirements of this section shall not apply to the following:

(a) Events or activities such as weddings, parties, religious celebrations and functions, and other similar events, occurring within, or upon the grounds of, a private residence, where the property owner receives no compensation for hosting the event and guests/attendees are not charged a fee or asked to contribute a donation, whether mandatory or voluntarily, for admission.

(b) Events or activities which are held on property owned by or leased to the Town or other governmental agency and which are sponsored, conducted, or otherwise permitted by the Town, municipal corporation or other governmental agency.

(c) Events or activities which are held on public property, excluding highway rights-of-way, not owned by or leased to the Town.

(d) Events or activities held on property owned by an incorporated fire company.

(e) Events or activities held on property not regularly available for hire. Such events or activities shall be regulated pursuant to the Macedon special events local law.[1]

[1] Editor's Note: See Ch. 47, Special Events.

(f) Agricultural tourism events or activities that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, and thereby constitute a "farm operation" as defined by Agricultural and Markets Law § 301(11).

(15) Violations. A violation of this section on or after May 1, 2025, is hereby declared to be an offense subject to the penalties set forth in Macedon Town Code § 300-204.