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]
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.
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.
[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.
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:
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.
[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:
(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.
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.
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.
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.
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.
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.
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.
(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.
[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.
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.
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.
[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.
[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.
(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.
[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.
[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.
