A.
General. Accessory structure and/or use shall be located on the same
lot of record as the permitted principal building and/or use. If a
permitted principal building and/or use does not exist on a lot of
record, an accessory structure or use may be constructed on such lot
of record but shall be customarily incidental and subordinate to any
future permitted principal building and/or use.
B.
Criteria for determining whether a use is accessory.
(1)
Use must be subordinate to the permitted principal use. A subordinate
use incorporates the requirement that the accessory use be minor in
relation to the permitted principal use. The following factors shall
be considered in determining whether a use is subordinate:
(a)
Purpose and intent of the zoning district. The purpose and intent
of the zoning district and the nature of uses allowed as a permitted
principal use shall be considered. As written in its definition, an
accessory use shall not be a nonconforming use, prohibited use and/or
a special use.
(b)
Area devoted to the use. The area devoted to the use in relation
to the permitted principal use shall be considered. However, the fact
that an accessory use occupies less area than the permitted principal
use does not necessarily make it subordinate, and the fact that a
use occupies more area than the permitted principal use does not necessarily
preclude it from being subordinate. For example, on a one-acre lot
with a single-unit dwelling as the permitted principal use, gardening
would nonetheless be subordinate to the permitted principal use even
though the gardened portion of the lot may consume a significant portion
of the lot's area.
(c)
Frequency of the use. The time devoted to the use in relation
to the permitted principal use shall be considered. An occasional/seasonal
use, in relation to a year-around permitted principal use, would likely
be considered to be subordinate to the permitted principal use. Conversely,
a purported year-round accessory use would not be subordinate to a
occasional/seasonal permitted principal use.
(d)
Active versus passive activities. The relative intensity of
the use, and the resulting impacts on the land and the neighboring
structures and/or lots of record, shall be considered. For example,
as between a landscaping business and a nursery, the landscaping business
is often the more intense use because it may have a business office,
employees and landscaping vehicles and equipment coming and going,
as well as a storage yard where landscaping equipment and materials
are stored and equipment is maintained. A nursery, on the other hand,
may be limited to an area where plants are stored and watered until
they can be used in the landscaping work.
(e)
Number of employees and work hours. The number of employees
assigned to a use and their work hours shall be a relevant consideration.
Although in most cases one may expect that the accessory use will
have fewer employees than the permitted principal use, that is not
always the case. For example, an equipment storage yard use may have
a single employee assigned to work on storage-related activities.
However, the maintenance of the stored equipment could be considered
to be a permitted subordinate use, even though there are more employees
performing equipment maintenance work.
(f)
Whether the use is truly subordinate to the permitted principal
use or whether it is a different, alternative additional principal
use. The use must truly be subordinate to the permitted principal
use and not be a different, alternative or additional use. For example,
a barn constructed to house heavy construction equipment used solely
for construction services is a different, alternative additional use
than a farm operation.
(2)
Use shall be customarily incidental to the permitted principal use.
The term "incidental" incorporates the concept of a reasonable relationship
with the permitted principal use. It is not enough that the use be
subordinate; it must also be attendant or concomitant. To ignore this
latter aspect of "incidental" would be to permit any use which is
not a permitted principal use, no matter how unrelated it is to the
permitted principal use. The following factors shall be considered
in determining whether a use is customarilincidentalal to the permitted
principal use:
(a)
The size of the lot of record and surrounding land conditions.
(b)
The nature of the permitted principal use located at the lot of record,
adjacent lots of record and allowed in the applicable zoning district.
(c)
The goals, objectives and purpose of the applicable zoning district
as indicated in the Comprehensive Plan and this chapter.
(d)
Whether the proposed use is customarily incidental to the permitted
principal use as determined by an AHJ.
For example, the kinds of uses that are commonly, habitually
and by long practice established as uses that are reasonably associated
with a single-unit dwelling include garages, swimming pools, decks,
gazebos, small sheds and small-scale gardening; the kinds of uses
that are commonly, habitually and by long practice established as
uses that are reasonably associated with a farm operation include
barns, sheds, silos, the storage of farm equipment and machinery,
and the raising of crops and livestock.
C.
Location. Accessory structures shall be constructed in compliance
with requirements for the zoning district in which such structure
is located, except as noted elsewhere in this chapter. Exemption(s):
(1)
Clothesline and flagpoles. Notwithstanding any other provision of
this chapter, clotheslines and flagpoles shall be exempt from any
yard requirements, provided that such poles shall be constructed of
standard materials used for such purposes.
(2)
Exterior stairs not acting as a means of egress. Exterior stairs
not acting as a means of egress as prescribed by the Uniform Code
shall be at least five feet from any lot line. However, such stairs
are permitted to be located at the MHWL at lots of record contiguous
to Keuka Lake or Seneca Lake, unless permitted otherwise by an AHJ.
(3)
Private garage. A private garage shall be permitted to be located
a minimum of 10 feet from the front lot line at a sloping lot of record
unless it is located within the Lakefront Residential District, which
such setback is five feet from a lake road.
 Figure 27 - Private Garage and Sloping Lot of Record
|
(4)
Outdoor hot tubs, spas and swimming pools.
(a)
Location. Outdoor hot tubs, spas and swimming pools shall be
located only at a rear and/or side yard of a lot of record.
(b)
Setbacks. Outdoor hot tubs, spas and swimming pools shall be
at least five feet from any lot line, measured to the exterior wall
of the pool. Filters, pumps and other appurtenant machinery shall
also be located at least five feet from any lot line.
(c)
Supported by other structures. Hot tubs, spas and swimming pools
that are supported by other structures (e.g., decks, porches, etc.)
shall be certified by a registered design professional to support
such additional loads.
(5)
School bus waiting shelter. A school bus waiting shelter shall be
permitted to be located a minimum of 10 feet from the front lot line
and five feet from a side lot line. Such shelter shall not be greater
than 50 square feet in gross floor area.
(6)
Shoreline structure. A shoreline structure shall be permitted to
be located at the MHWL unless permitted otherwise by the Keuka Lake
Uniform Docking and Mooring Law of the Town, as currently in effect
and as hereafter amended from time to time,[1] or an AHJ (e.g., NYSDEC, U.S. Army Corps of Engineers,
etc.).
(7)
Trams.
(a)
Registered design professional. Trams shall be designed and
certified by a registered design professional.
(b)
Setbacks. A tram shall be at least five feet from any lot line.
However, a tram is permitted to be located at the MHWL at lots of
record contiguous to Keuka Lake or Seneca Lake unless permitted otherwise
by an AHJ.
 Figure 28 - Tram
|
The lands covered at a lot of record by principal buildings
and accessory structures shall not exceed the maximum building coverage
set forth in the bulk regulations for the zoning district where such
lot of record is located. Exemption(s):
A.
Agricultural buildings.
B.
Driveways, sidewalks, walkways and/or similar surfaces.
C.
Exterior electrical, mechanical and plumbing equipment.
D.
Exterior means of egress.
E.
Fences and similar types of structures.
F.
Landscaping.
G.
Loading docks and parking spaces.
H.
Patios.
 Figure 29 - Building Coverage
|
No structure shall have an aggregate height of a greater number
of feet than is permitted in the bulk regulations for the zoning district
in which such structure is located, except as noted elsewhere in this
chapter. Exemption(s):
A.
Unless specifically regulated in this chapter, nothing contained
herein shall limit or restrict the building height of any structure
used solely for agricultural purposes; or any clothesline poles, flagpoles,
church spires, belfries, clock towers, chimney flues, cupolas and
domes, elevator penthouses, airport and/or heliport control towers,
parapet walls extending not more than four feet above the limiting
height of the structure, plumbing stacks, personal television or radio
antennas, or similar structures.
A.
Intent. The provisions contained within this section are intended
to serve as supplemental requirements to the Uniform Code in order
to protect the public health, safety and general welfare insofar as
they are affected by the demolition of structures. Such provisions
also establish procedures in order to provide a clean, level, seeded,
buildable site at the conclusion of a demolition process. These regulations
shall supplement and not replace the applicable provisions established
within the Uniform Code.
B.
Excavation and fill. Excavation and fill for demolitions shall be
executed so as not to endanger life or property. Additionally, the
slope of fill surfaces shall be no steeper than is safe for the intended
use. Fill slopes steeper than two units horizontal to one unit vertical
(50% slope) shall be designed and certified by a registered design
professional.
C.
Explosive material.
(1)
The storage, handling and use of explosive materials shall be in
accordance with NFPA 495, Explosive Materials Code, as currently in
effect and as hereafter amended from time to time.
(2)
All blasting operations shall be under the direct supervision of
an individual who is legally licensed to use explosives and who possesses
the required permits from the NYS Department of Labor or any other
approval authority.
(3)
A fire watch as defined and implemented by the Uniform Code shall
be required at all blasting operations.
D.
Restoration. Where a structure or a portion thereof has been demolished
or removed, any disturbed area of the lot of record shall be restored
to the existing grade in an approved and workmanlike manner. Such
lot of record shall be seeded and landscaped in a workmanlike manner
after the demolition and fill work have been completed.
E.
Safety. Safety measures shall be taken during demolition work and
such measures shall comply with the applicable requirements of the
Unites States Department of Labor, OSHA and the applicable provisions
of the Uniform Code.
F.
Utility services. Utility services shall be abandoned and capped
in accordance with the approved policies and/or regulations of the
AHJ.
G.
Waste disposal. Waste shall not be accumulated within structures
and shall be disposed in accordance to the law.
The maximum density of dwelling units at a lot of record shall
be one dwelling unit per lot of record. Exemption(s):
A.
Accessory dwelling unit where authorized by this chapter.
B.
Camp, children's overnight, where authorized by this chapter.
C.
Camp, summer day, where authorized by this chapter.
D.
Caretaker quarters where authorized by this chapter.
E.
Cottage housing development where authorized by this chapter.
F.
Extended stay hotel where authorized by this chapter.
G.
Manufactured housing community where authorized by this chapter.
H.
Multiple-unit dwelling where authorized by this chapter.
I.
Planned unit development where authorized by this chapter.
J.
Two -unit dwelling where authorized by this chapter.
A.
Purpose and intent. The purpose of this section is to protect public
safety and welfare in the Town by establishing minimum standards for
the location, design and construction of driveways to ensure access
that does not impede drainage, traffic, public safety or road maintenance;
and to ensure access for emergency response vehicles and services.
B.
Applicability. The driveway standards prescribed in this section
are applicable to new driveways proposed to be installed at a lot
of record and such driveways are not regulated by the Uniform Code.
Driveways that are regulated by the Uniform Code shall conform to
the applicable provisions of such state code.
C.
Design. The design of driveways, including bridges and other supporting
structure of driveways, shall facilitate passage of fire apparatus
and be approved.
(1)
Accessory driveway structures. An accessory driveway structure
shall have a minimum setback distance of 10 feet to any public right-of-way
unless approved otherwise by an AHJ.
(2)
Bridge or elevated surface. A bridge or elevated surface, except
culvert pipes approved by an AHJ, shall be designed by a registered
design professional as well as reviewed and approved by the Town Engineer
and the Fire Department having jurisdiction. Where a bridge or an
elevated surface is part of a driveway, the bridge shall be constructed
and maintained in accordance with AASHTO HB-17, as currently in effect
and as hereafter amended from time to time. Bridges and elevated surfaces
shall be designed for a live load sufficient to carry the imposed
loads of fire apparatus. Vehicle load limits shall be posted at both
entrances to bridges where required by an AHJ. Where elevated surfaces
designed for emergency vehicle use are adjacent to surfaces that are
not designed for such use, approved barriers, approved signs or both
shall be installed and maintained where required by an AHJ.
(3)
Dimensions. Driveways shall provide a minimum unobstructed width
of 12 feet and a minimum unobstructed height of 13 feet six inches.
(4)
Distance to lot lines. Driveways shall provide a minimum distance
of five feet to side lot lines.
(5)
Gates. The installation of security gates across a driveway
shall be approved by the Fire Department having jurisdiction. Where
gates are installed, they shall have an approved means of emergency
operation. The gates and the emergency operation shall be maintained
operational at all times. Electric gate operators, where provided,
shall be listed in accordance with UL 325, as currently in effect
and as hereafter amended from time to time. Gates intended for automatic
operation shall be designed, constructed and installed to comply with
the requirements of ASTM F2200, as currently in effect and as hereafter
amended from time to time.
(6)
Grade. The maximum driveway grade is 10%, unless written documentation
from a registered design professional is submitted to the Code Enforcement
Officer that such driveway and/or road cannot be built with a maximum
grade of 10%, in which case, a maximum grade of 15% may be approved
prior to construction. Such design professional shall design and certify
the construction of such driveway and/or road.
(a)
Exception(s):
[1]
A maximum driveway grade of more than 15% shall
designed by a registered design professional as well as reviewed and
approved by the Town Engineer and the Fire Department having jurisdiction.
Such design professional shall design and certify the construction
of such driveway and/or road.
(7)
Surface. Driveways shall be designed and maintained to support
the imposed loads of fire apparatus and shall have an all-weather
driving surface.
D.
Maintenance. Owners of real property having access to a public highway
or private road shall be fully responsible for maintenance of their
driveway and channelization (e.g., culvert pipe). This maintenance
responsibility includes removal of snow and ice and keeping the portion
of a driveway located within a highway right-of-way in a safe condition
for the general public and emergency responders.
E.
Obstructions. Driveways shall not be obstructed in any manner except
for the parking of vehicles at lot of record containing only a residential
use.
A.
Construction activity. All land development activities shall conform
to the substantive requirements of the NYSDEC's State Pollutant
Discharge Elimination System (SPDES) general permit for construction
activities GP-02-01 or as amended or revised.
B.
Industrial activity. All industrial activities, which such activities
are classified by the NYSDEC, shall conform to the substantive requirements
of the NYSDEC's State Pollutant Discharge Elimination System
(SPDES) multisector general permit (MSGP) for stormwater discharges
from industrial activity GP-0-12-001 or as amended or revised.
All structures and uses that require the extension of essential
public services, such as sewers, storm drains, fire hydrants, potable
water, public roads, streetlighting and similar services, shall obtain
such approval as required by the AHJ providing such service prior
to the start of work. No availability of essential public services
shall be permitted to be grounds for denying and certificate or permit
required to be issued by the Town for additional development until
such services are available. The AHJ is not obligated to extend or
supply essential public services. If approval to extend an essential
public service is granted by the AHJ, the extension of such services
shall be by and at the cost of the owner, unless deemed otherwise
by the AHJ. All extensions of an essential public service shall be
designed and installed in full compliance with the AHJ's standards
for such service, which shall include but is not limited to review
of applications, permitting and inspections.
A.
General. Lawfully established structures and uses in existence at
the time of the adoption of this chapter shall be permitted to have
their existing use continued, provided such continued use is not a
threat to life and safety.
B.
Additions. Additions shall be permitted to be made to any structure
or use without requiring the existing portions of such structure or
use to comply with the requirements of this chapter, provided that
the addition conforms to the applicable provisions of this chapter
for a new structure or use.
C.
Change of use. A change of use of an existing structure or use shall
comply with the applicable provisions of this chapter for a new structure
or use.
D.
Illegal structures and uses. Structures and uses that were illegally
established prior to the adoption of this chapter shall remain illegal.
E.
Moved structures or land uses. Structures or uses moved into or within
the Town shall comply with the applicable provisions of this chapter
for new structures or uses.
F.
Reconstruction of existing structures. Any existing structure may
be rebuilt within the same footprint and building height of such structure
without complying with the applicable provisions of this chapter for
new structures. The rebuilding shall start within one year from the
date of the damage or start date of demolition and shall be diligently
pursued to completion but shall not be greater than four years from
the date of damage or start date of demolition. Lastly, the rebuilt
structure shall be constructed to comply with the Energy Code, Uniform
Code and/or any other applicable law.
The fire separation distance for the construction, projections,
openings and penetrations of exterior walls between structures shall
comply with the applicable provisions of the Uniform Code.
Land, structures and/or uses shall be regulated by the applicable
provisions of the Flood Damage Prevention Law of the Town, as currently
in effect and as hereafter amended from time to time.
At a new development containing a commercial or industrial use,
all garbage and/or rubbish containers shall be located in the side
or rear yard at a lot of record, set back five feet from a lot line,
and not visible from the public right-of-way. In addition, garbage
and/or rubbish containers at a new development containing a commercial
or industrial use that is visible to a contiguous lot of record containing
a residential use shall be screened. Exemption(s):
A.
Garbage and/or rubbish containers used to remove debris generated
from construction activity at a lot of record.
B.
Garbage and/or rubbish containers are permitted to be located at
the front yard during the time periods of collection by a recycling
and/or trash hauler.
C.
Garbage and/or rubbish containers are permitted to be located at
the front yard if such containers are screened from public view. However,
such containers shall be set back a minimum of 10 feet from a road,
including its associated right-of-way.
D.
Garbage and/or rubbish containers are permitted to be located in
an area visible from the public right-of way, but such containers
shall be screened from public view.
 Figure 30 - Garbage and/or Rubbish Containers Screened from
Public View
|
The storage, deposit, placement, maintenance or causing or permitting
to be stored, deposited, placed or maintained outdoors any junk, regardless
of quantity, within sight of persons traveling the public roads shall
be regulated by the Junk Storage Law of the Town, as currently in
effect and as hereafter amended from time to time.[1]
A.
Landscaping plan.
(1)
Guidelines. The following guidelines shall be used in developing
required landscaping plans:
(a)
Plants selected shall be suited to the climate and region as
well as the geologic and topographic conditions of the site. Protection
and preservation of native plant materials and natural areas are encouraged.
(b)
Water-intensive ornamental plant materials shall not exceed
10% of the total landscaped area.
(c)
Decorative water features should use recirculating water, when
possible.
(d)
When providing for privacy and screening for adjacent land uses,
visual, noise and air quality factors shall be considered.
(e)
All plant materials located in snow storage areas shall be selected
to withstand the conditions associated with these areas. Additionally,
all parking lot landscaping shall be salt tolerant.
(2)
Landscaping plan. Landscaping plans, if required, shall be drawn
to scale, including dimensions and distances, and shall clearly delineate:
(a)
Plant materials, including trees, shrubs, ground cover, turf
and other vegetation, shall be shown clearly on the plan. In addition,
plants shall be labeled by botanical name, common name, caliper or
container size, spacing and quantities in each group; and
(b)
Lot lines and road names; and
(c)
Driveways, roads, walkways and other paved area; and
(d)
Pools, ponds, water features, lighting fixtures, fences and
retaining walls; and
(e)
Existing and proposed buildings and structures, including elevation,
if applicable; and
(f)
Natural features, including but not limited to rock outcroppings,
and existing plant materials that will be preserved; and
(g)
Tree staking, plant installation, soil preparation details and
all other applicable planting and installation details; and
(h)
Calculation of the total landscaped area; and
(i)
Designation of recreation areas, if applicable.
(3)
Special uses. If the proposed use is a special use, the landscaping
plan shall be signed and sealed by a landscape architect or registered
design professional. It shall also be included in the application
for a special use permit as prescribed in this chapter.
B.
Maintenance.
(1)
All required planting shall be permanently maintained in good condition
and, when necessary, replaced with new plant material to ensure continued
compliance with these standards. For the purpose of enforcement, the
owner shall be responsible for maintenance. Maintenance shall include
but is not limited to watering, weeding and pruning.
(2)
All landscaping shall be maintained to avoid creating a hazard or
an obstruction to traffic or vehicular visibility, or where such comes
into contact with or covers, hides or obstructs any traffic control
device.
C.
Retaining walls. The requirements of this subsection shall apply
to the construction, installation, extension and replacement of all
retaining walls. However, retaining walls constructed as part of a
public capital improvement project are exempt from these requirements.
(1)
Design. Retaining walls shall
be designed to comply with any applicable provision of the Uniform
Code.
(2)
Easements.
(a)
Access easement. Retaining walls shall not be constructed over
a private or public access easement.
(b)
Drainage easement. Retaining walls shall not impede the normal
flow of stormwater and shall not cross an open drainage channel. Retaining
walls proposed in a drainage easement shall be approved by the AHJ.
(c)
Utility easement. Retaining walls shall not restrict access
to utilities. Retaining walls proposed in a utility easement shall
be approved by the AHJ.
(3)
Location.
(a)
General. All retaining walls shall be located on a lot of record
with the consent of the owner. No retaining wall shall encroach upon
contiguous lot lines unless consent is granted by the applicable owner.
(b)
Setback from road right-of-way. Retaining walls shall be set
back from a public right-of-way by a minimum of 10 feet unless approved
otherwise by the AHJ.
A.
Access.
(1)
Each lot of record shall be contiguous to a road that conforms to
the requirements of the Uniform Code as it pertains to fire apparatus
access roads and § 280-a of the Town Law of NYS, as currently
in effect and as hereafter amended from time to time. This abutment
shall have a frontage that conforms to the minimum lot width for the
zoning district in which such lot is located except for flag lots,
which the latter shall have at least 50 feet of frontage suitable
for access by emergency vehicles.
(2)
Where topography or other natural conditions (e.g., watercourse)
separates a road from a lot of record, provisions shall be made for
access to such lot of record by means of culverts or other structures
approved by the AHJ.
B.
Arrangement.
(1)
General. The arrangement of lots of record shall be such that in
constructing a structure there will be no foreseeable difficulties
for reasons of topography or other natural conditions, and each lot
shall have a buildable area and building envelope that shall conform
to the requirements of this chapter, except where such requirements
have been modified pursuant to a cluster development approved pursuant
to the Subdivision of Land Law of the Town, as currently in effect
and as hereafter amended from time to time,[1] as well as a planned unit development approved pursuant
to this chapter.
(2)
Bulk regulations. A lot of record's dimensions and area shall
conform to the requirements of this chapter, except where such requirements
have been modified pursuant to a cluster development approved pursuant
to the Subdivision of Land Law of the Town, as currently in effect
and as hereafter amended from time to time,[2] as well as a planned unit development approved pursuant
to this chapter.
(3)
Side lot lines. All side lot lines shall be at right angles to straight
road lines and radial to curved road lines, unless a variance from
this rule will give a better designed road or lot.
(4)
Corner lots. Corner lots shall have two front yards and two or fewer
side yards (i.e., no rear yard) to provide for proper building setback
from each road and provide a desirable building site, and to avoid
obstruction of free visibility at a road intersection.
(5)
Double frontage lots. Double frontage lots shall have two or more
front yards and two or fewer side yards (i.e., no rear yard) to provide
for proper building setback from each road and provide a desirable
building site, and to avoid obstruction of free visibility at a road
intersection.
(6)
Flag lots. Flag lots shall be prohibited except that a lot line adjustment
or subdivision designed with a flag lot may be approved by the designated
approval authority, which is designated by the Subdivision of Land
Law of the Town, as currently in effect and as hereafter amended from
time to time,[3] where an existing lot of record is landlocked and such
lot line adjustment or subdivision is proposing to provide legal access
to a road. Lastly, a flag lot shall comply with the following standards:
(a)
Driveway. A driveway at a flag lot shall be constructed as a
fire apparatus access road in accordance to applicable provisions
of the Uniform Code. In addition, a driveway at a flag lot shall have
a separation distance of 20 feet from an existing contiguous driveway.
(b)
Pole configuration, road frontage. Each flag lot shall be designed
to provide a "pole" that functions primarily as an accessway and egressway
from a road to the main body ("flag" portion) of the lot. A minimum
of 50 feet of width shall be maintained throughout the length of the
pole portion. The pole portion shall be deemed to end, and the flag
portion of the lot shall be deemed to commence, at the extension of
the front lot line.
A screen shall be installed at mechanical equipment (e.g., HVAC
equipment) that is located on the ground or roofs of a structure containing
a nonresidential use(s). Such screen shall conceal such equipment
from public view unless such equipment is located so as not to be
visible from any public way.
 |
A.
Purpose. Within the zoning districts established by this chapter
or amendments that may be adopted, there exist lots of record, structures,
uses and characteristics of a use that were lawful before this chapter
or amendments thereto were adopted, but that would be prohibited or
restricted under terms of this chapter or future amendments. For these
reasons, regulations for the continuance, maintenance, repair, restoring,
moving and discontinuance of such nonconforming lots of record, structures
and uses are hereby established for the following purposes:
(1)
To permit these nonconformities to continue but to minimize significant
adverse impacts on contiguous lots of record and development; and
(2)
To require a nonconforming use's permanent discontinuance if
such use is abandoned or discontinues in operation after a certain
period of time; and
(3)
To require conformity with this chapter if they are discontinued.
B.
Basic rights.
(1)
Existing nonconforming lots, structures, or uses may continue in
the same form and use so long as the nonconformity remains otherwise
compliant with this chapter.
(2)
Status as an existing nonconformity runs with the lot, structure
and/or use and is not affected by changes in tenancy, ownership, or
management.
C.
Determination of conformity.
(1)
Burden of proof. The owner shall have the burden to provide evidence
to the AHJ that a lot, structure and/or use is an existing nonconformity.
(2)
Certificate of zoning compliance. The owner shall apply for a certificate
of zoning compliance in order to obtain a determination as to whether
a particular lot, structure and/or use is conforming or nonconforming.
The Town is not responsible to notify an owner of the existence of
a nonconformity at his/her/their lot of record.
D.
Nonconforming lot of record.
(1)
Contiguous nonconforming lots under common ownership. It is recommended
but not required that contiguous nonconforming lots of record under
common ownership be changed through a resubdivision (i.e., lot line
adjustment or lot consolidation/merger) to create conforming lots
or reduce the extent of its nonconformity.
(2)
Development permitted. Any nonconforming lot of record may still
be developed by any use which is permitted principal use or special
use within its applicable zoning district. However, any development
on said lot shall comply with the applicable provisions of this chapter.
(3)
Further subdivision prohibited. A nonconforming lot of record shall
not be further subdivided but its lot lines may be changed via a resubdivision
(i.e., lot line adjustment or lot consolidation/merger) pursuant to
the Subdivision of Land Law of the Town, as currently in effect and
as hereafter amended from time to time,[1] but only if the extent of the nonconformity remains unchanged
or is reduced.
E.
Nonconforming structures. A nonconforming structure may continue
to exist, provided that it remains otherwise lawful, subject to the
following conditions:
(1)
Any nonconforming structure shall not be enlarged or altered in a
manner that increases its nonconformity, but any structure or portion
thereof may be altered to decrease its nonconformity.
(2)
Any nonconforming structure which is intentionally altered to conform
to an applicable provision of this chapter shall thereafter conform
to such provision and the nonconformity may not be renewed.
(3)
Any nonconforming structure may be altered in order to provide accessibility
to physically disabled persons, which such accessibility shall conform
to the Uniform Code.
(4)
Any nonconforming structure may be altered in order to comply or
increase its compliance with an applicable provision prescribed in
the Energy Code or Uniform Code.
(5)
Any nonconforming structure may be altered in order to comply or
increase its compliance with any applicable regulation or rule of
an AHJ.
(6)
If a nonconforming structure is moved for any reason, for any distance,
it shall thereafter conform to the applicable provisions of this chapter.
(7)
If a nonconforming structure is, by any cause, damaged or determined
to be an unsafe structure by an AHJ, the structure may be rebuilt
to the same building area, building footprint, building height and
location on the lot of record with the nonconformity resumed. The
rebuilding shall start within one year from the date of the damage
and shall be diligently pursued to completion but shall not be greater
than four years from the date of damage. Lastly, the rebuilt structure
shall be constructed to comply with the Energy Code, Uniform Code
and/or any other applicable law.
F.
Nonconforming uses. A nonconforming use may continue to exist, provided
that it remains otherwise lawful, subject to the following conditions:
(1)
Any nonconforming use shall not be enlarged, increased or extended
to occupy a greater area of land or gross floor area within a structure.
(2)
Any nonconforming use shall not be moved in whole or in part to any
other portion of the lot, to another structure, and/or to another
lot of record.
(3)
An accessory use shall not become a nonconforming use.
(4)
Any nonconforming use may be altered to decrease its nonconformity.
(5)
Any nonconforming use may be altered in order to provide accessibility
to physically disabled persons, which such accessibility shall conform
to the Uniform Code.
(6)
Any nonconforming use may be altered in order to comply or increase
its compliance with an applicable provision prescribed in the Energy
Code or Uniform Code.
(7)
Any nonconforming use may be altered in order to comply or increase
its compliance with any applicable regulation or rule of an AHJ.
(8)
Any nonconforming use which is intentionally altered to conform to
an applicable provision of this chapter shall thereafter conform to
such provision and the nonconformity may not be renewed.
(9)
Any nonconforming use shall be terminated if it is abandoned or discontinues
in operation for more than one year from the date of such abandonment
or discontinuance. Evidence of abandonment or discontinuance of a
nonconforming use shall be based on any one of the following factors:
(10)
If a nonconforming use is, by any cause, damaged to the extent
of 50% of its assessed value prior to the date of damage as determined
by the AHJ, it shall not thereafter be operated as such.
G.
Maintenance and repair. No regulation described within this chapter
shall be deemed to prevent the maintenance and repair of a nonconforming
lot of record, structure or use.
The operational performance standards contained herein are applicable
to the development and operation of all commercial and/or industrial
uses in the Town in order to protect the environment and the public
health, safety and general welfare.
A.
Air pollution. Any use which causes or tends to cause the release
of air contaminants into the atmosphere shall comply with applicable
laws, rules and regulations governing such release.
B.
Dangerous materials. No material that is dangerous due to explosion,
extreme fire haza
C.
Electromagnetic radiation and/or interference. No use shall cause
or tend to cause electromagnetic radiation and/or interference in
such quantities as to violate the accepted levels as established by
the FCC, NYS Department of Labor, Division of Safety and Health, or
OSHA.
D.
Glare and heat. Any use producing intense glare or heat shall be
conducted in such a manner so that the glare or heat shall be completely
imperceptible from any point along a lot line.
E.
Liquid or solid wastes. Any use that causes or tends to cause the
discharge or other release of liquid or solid waste shall comply with
applicable laws, rules and regulations governing such discharge or
release.
F.
Noise. No use that causes or tends to cause noise in such quantities
as to violate the accepted levels as established by the NYS Department
of Labor, Division of Safety and Health or OSHA.
G.
Odorous matter. Any use that causes or tends to cause the discharge
or other release of odorous matter shall comply with applicable laws,
rules and regulations governing such discharge or release.
H.
Radiation.
(1)
Any use shall comply with the regulations of the U.S. Atomic Energy Commission set out in Chapter 1 of Title 10 of the CFR which apply to by-product material, source material and special nuclear material, as those terms are defined in Section 11(e), (z), and (aa) of the Atomic Energy Act of 1954, as amended [42 U.S.C. § 2014(e), (z), and (aa)], as currently in effect and as hereafter amended from time to time.
(2)
No use shall cause radiation emissions that are in violation of the
Radiation Control for Health and Safety Act of 1968 (PL 90-602), as
currently in effect and as hereafter amended from time to time, or
the implementing regulations of the NYSDOH established pursuant thereto.
I.
Vibration. Any use that causes or tends to cause ground vibration,
which is perceptible without instruments, in such quantities as to
produce a public nuisance or hazard beyond the lot occupied by the
use shall not be permitted.
A.
Applicability. These standards for outdoor lighting shall apply to
any new development containing a commercial and/or industrial use(s).
Such standards are intended to provide safe, convenient, and efficient
lighting for pedestrians and operators of vehicles in a manner that
mitigates significant adverse impacts typically associated with outdoor
lighting. Exemption(s):
(1)
Holiday decorations.
(2)
Illuminated signs that conform with the sign control regulations
prescribed in this chapter.
(3)
Interior lighting.
(4)
Lighting integral to equipment and/or instrumentation, which such
lighting was installed by the manufacturer.
(5)
Navigation lights (i.e., airports, docks, heliports, radio/television
towers, etc.).
(6)
Outdoor lighting fixtures existing and operative prior to the effective
date of this chapter.
(7)
Outdoor lighting used for special events (e.g., carnivals, fairs,
weddings, etc.).
(8)
Outdoor lighting installed at farm operations.
(9)
Outdoor lighting mandated by law.
(10)
Outdoor lighting used for theatrical purposes, including but
not limited to performance, stage, film production and video production.
(11)
Outdoor lighting used to highlight features of public monuments
and registered landmark structures.
(12)
Streetlights installed at a road and its associated right-of-way.
(13)
Temporary emergency lighting (i.e., fire, police, repair workers).
(14)
Traffic control signals and devices.
B.
Standards. All lighting fixtures designed or placed so as to illuminate
any portion of a lot of record shall meet the following requirements:
(1)
Fixture (AKA "luminaire"). The light source shall be concealed and
shall not be visible from any road or adjacent lot of record. In order
to direct light downward and minimize the amount of light spillage
into the night sky and onto adjacent lots of record, all lighting
fixtures shall be full cutoff fixtures. Only architectural lighting
may be directed upward, provided that all other provisions of this
section are met.
 Figure 32 - Difference in Light Spillage from No Cutoff and
Full Cutoff Light Fixtures
|
(2)
Fixture height. Lighting fixtures shall be a maximum of 25 feet in
height within parking lots and shall be a maximum of 15 feet in height
within nonvehicular pedestrian areas. Exemption(s):
(3)
Limit lighting to periods of need. To eliminate unneeded lighting,
outdoor lighting systems are encouraged to include automatic timers,
dimmers, sensors, or similar controls that will turn off such lights
during daylight hours and when the use is not occupied or open for
business.
(4)
Outdoor lighting required for specific uses.
(a)
Architectural accent lighting. Outdoor lighting fixtures used
to accent architectural features, materials, colors, landscaping or
art shall be located, aimed and shielded so that light is directed
only on those features.
 Figure 34 - Architectural Accent Lighting
|
(b)
Canopy area lighting. All lighting fixtures mounted on the underside
of canopies must be "full-cutoff" classified, being either completely
recessed/flush in the canopy, or having solid sides on a surface mounted
fixture. (Note: Canopy edges do not qualify as shielding.)
 Figure 35 - Canopy Area Lighting
|
(c)
Recreational and sports field lighting.
[1]
Design. Outdoor recreational and sports field lighting systems
shall be designed and certified by a registered design professional,
which such design shall conform to the following industry standards,
if applicable:
[a]
Energy Code.
[b]
IESNA Sports and Recreational Area Lighting (IESNA
RP-6), as currently in effect and as hereafter amended from time to
time.
[c]
IESNA Lighting for Exterior Environments (IESNA
RP-33), as currently in effect and as hereafter amended from time
to time.
[d]
IESNA Guide for Photometric Measurements of Area
and Sports Lighting Installations (IESNA LM-5), as currently in effect
and as hereafter amended from time to time.
[e]
IESNA Light Trespass: Research, Results and Recommendations
(IESNA TM-11), as currently in effect and as hereafter amended from
time to time.
[f]
International Dark Sky Association - Community
Friendly Outdoor Sports Lighting Program Guidelines, as currently
in effect and as hereafter amended from time to time.
[g]
International Dark Sky Association certification
and field verification. Outdoor recreational and sports field lighting
systems shall obtain the International Dark Sky Association's
certification and field verification letters to document compliance
with its Community Friendly Outdoor Sports Lighting Program. A copy
of these letters shall be submitted to the Town.
[h]
National Little League Association Standards and
Safety Audit, as currently in effect and as hereafter amended from
time to time.
[i]
Uniform code.
[2]
Maximum height of light fixture. The maximum height of a light
fixture for recreational and sports field lighting shall not exceed
the maximum building height for a principal building allowed at the
applicable zoning district.
 Figure 36 - Recreational and Sports Field Lighting
|
(d)
Security lighting. Outdoor security lighting shall be designed
to provide safety to a building's occupant as it pertains to
the outdoor illumination of means of egress that is mandated by the
Uniform Code. In order to minimize the amount of light trespass, all
security lighting fixtures shall be shielded and aimed so that the
main beam is directed toward the ground or designated area where security
lighting is needed.
 Figure 37 - Security Lighting
|
A.
Outdoor storage at a commercial or industrial use.
(1)
Area. Outdoor storage shall not occupy more than 40% of the lot area
of a lot of record.
(2)
Buffer. A buffer shall be installed between areas dedicated to outdoor
storage and a contiguous lot of record containing a residential use.
However, this requirement shall not be deemed to apply to construction
materials stored on a site during a period of construction or agricultural
equipment, materials and/or products used in conjunction with a farm
operation.
(3)
Location. Areas dedicated to outdoor storage shall be located within
the building envelope that is permitted for an accessory structure
at the applicable zoning district.
 Figure 38 - Outdoor Storage at a Commercial Use
|
B.
Outdoor storage at a residential use.
(1)
Recreational vehicles.
(a)
Recreational vehicles stored in the open at the exterior property
areas of a lot of record shall be owned by an occupant whose permanent
place of abode is the subject lot of record.
[1]
Exemption(s). Recreational vehicles that are being parked or
stored while the owner of such vehicle(s) is:
(b)
Recreational vehicles shall not have any fixed connections to
electricity, gas, wastewater and/or water facilities, nor shall any
recreational vehicle be used at any time as habitable space while
parked or stored at a lot of record.
(c)
Recreational vehicles shall be kept in good repair and in working
condition, with current license plate and registration.
(d)
Setbacks. A recreational vehicle stored in the open at the exterior
property areas of a lot of record shall be set back a minimum of:
[1]
A recreational vehicle shall not be stored in the open at the
exterior property areas of the front yard of a lot of record. Exemption(s):
[a]
One recreational vehicle is permitted to be stored
in the open at the exterior property areas of the front yard of a
lot of record but shall be located at the driveway for such lot.
[2]
A recreational vehicle stored in the open at the exterior property
areas of a lot of record shall be set back a minimum of five feet
from the rear lot line of such lot.
[3]
A recreational vehicle stored in the open at the exterior property
areas of a lot of record shall be set back a minimum of five feet
from the side lot line of such lot.
 Figure 39 - Outdoor Storage of Recreational Vehicles
|
C.
Outdoor storage at a vacant lot of record. Outdoor storage at a vacant
lot of record shall conform to the regulations pertaining to outdoor
storage at a residential use. Exemption(s):
(1)
At the Agriculture (AG) and Agricultural Residential (AR) Zoning
Districts, one recreational vehicle is permitted to be stored in the
open at the exterior property areas of a vacant lot of record but
shall conform to the dimensional requirements for a principal building
at the applicable zoning district.
(2)
At the Agriculture (AG) and Agricultural Residential (AR) Zoning
Districts, one recreational vehicle that is stored in the open at
the exterior property areas of a vacant lot of record is permitted
to have fixed connections to utilities, whether private or public,
and it may be used for occasional occupancy solely for recreational
purposes by the owner of the vacant lot of record. Such vehicle shall
be designed by the manufacturer for such use and shall not be used
for permanent occupancy at any time.
A.
Applicability. The standards prescribed in this section shall apply
to a new use at a lot of record. Such standards are intended to ensure
there are adequate amounts of off-road parking and loading spaces
to adequately serve such use(s). Exemption(s):
(1)
Any parking or loading space that lawfully existed prior to the effective
date of this chapter shall not be subject to the provisions of this
section, provided the parking or loading space is not changed. Alterations,
expansions, or conversions of uses that would increase the amount
of parking or loading spaces required shall conform to these regulations.
B.
Loading spaces.
(1)
When required. Uses involving the frequent receipt or distribution
of materials or merchandise by vehicles shall provide and permanently
maintain adequate space for standing, loading, and unloading services
in order to avoid undue interference with public use of roads, and
thus, help relieve traffic congestion.
(2)
Standards.
(a)
Every such structure housing such a use and having over 25,000
square feet of gross floor area shall be provided with at least one
loading space on the lot of record not less than 12 feet in width,
25 feet in length, and 14 feet in height. One additional loading space
of these dimensions shall be provided for every additional 50,000
square feet or fraction thereof of gross floor area in the structure.
(b)
Permeable surfaces are preferred but not required at loading
spaces for environmental and drainage reasons.
(c)
No loading space shall be located at a front yard of a lot of
record. Provisions for handling of all freight shall be on those sides
of any structure which do not face on any road, whether private or
public, unless approved otherwise via the issuance of a special use
permit as prescribed by this chapter.
 Figure 40 - Loading Space
|
C.
Parking spaces.
(1)
General. In all zoning districts, parking spaces for all uses shall
be provided and permanently maintained in accordance with Table 1
- Number of Parking Spaces. Where no requirement is designated and
the use is not comparable to any of the listed uses, the minimum parking
space(s) shall be determined based upon the capacity of the structure
and its associated uses. The designated approval authority may consult
with the Town Engineer or other resources in making his or her determination.
Exemption(s):
(a)
Parking demand study. Based on the completion and submittal
of a parking demand study prepared and sealed by a professional traffic
operations engineer (PTOE), the designated approval authority may
approve a reduction in the amount of parking from that otherwise required
by this section. The parking demand study shall be prepared in accordance
with established professional practices, such as but not limited to
Parking Generation, current edition, by the ITE.
|
Table 1 — Number of Parking Spaces
| |
|---|---|
|
Use
|
Number of Parking Spaces
|
|
Assembly
| |
|
Bar, restaurant or tavern
|
1 per 4 occupants at maximum capacity
|
|
Funeral establishment
|
1 per 6 occupants at maximum capacity
|
|
Place of worship
|
1 per 6 occupants at maximum capacity
|
|
All other uses
|
1 per 6 occupants at maximum capacity
|
|
Business
| |
|
All uses
|
1 per 500 square feet of net floor area
|
|
Educational
| |
|
Elementary school
|
As determined by the NYSED
|
|
Higher education school
|
Determined by parking demand study
|
|
Parochial school
|
2 per classroom plus 1 per 10 students
|
|
Private high school
|
2 per classroom plus 1 per 10 students
|
|
Secondary school
|
As determined by the NYSED
|
|
Hotel/Motel
| |
|
Hotel/motel
|
1 per unit plus 1 per employee during largest working shift
|
|
Industrial
| |
|
All uses
|
1 per each employee during largest working shift
|
|
Institutional
| |
|
Hospice
|
1 per 4 beds plus 1 per employee during largest working shift
|
|
Hospital
|
Determined by parking demand study
|
|
Medical clinic, medical office
|
1 per examination room plus 1 per employee during largest working
shift
|
|
Medical marijuana dispensary
|
Determined by parking demand study
|
|
Veterinary Facility
|
1 per examination room plus 1 per employee during largest working
shift
|
|
Mercantile
| |
|
All uses
|
1 per 350 square feet of net floor area
|
|
Recreational
| |
|
Camp, children's overnight
|
Determined by parking demand study
|
|
Camp, summer day
|
Determined by parking demand study
|
|
Recreational facility
|
Determined by parking demand study
|
|
Summer day cabins
|
Determined by parking demand study
|
|
All other uses
|
Determined by parking demand study
|
|
Residential
| |
|
Bed-and-breakfast dwelling
|
1 per sleeping room plus any dwelling unit requirements
|
|
Boardinghouse
|
1 per sleeping room
|
|
Cottage housing development
|
2 per cottage
|
|
Dormitory, fraternity and/or sorority
|
Determined by parking demand study
|
|
Dwelling unit
|
2
|
|
Home occupation
|
2 plus any dwelling unit requirements
|
|
Manufactured housing community
|
2 per manufactured housing community site
|
|
Storage
| |
|
All uses
|
1 per employee during largest working shift
|
|
Vehicle Related Uses
| |
|
Vehicle repair station
|
2 plus 1 per bay
|
|
Vehicle service station
|
1 per 350 square feet of net floor area
|
|
Vehicle sales
|
4 plus 1 per employee during largest working shift
|
|
Vehicle rental
|
1 per 1,000 square feet of net floor area
|
(2)
Accessible spaces. Accessible parking spaces and passenger loading
zones shall be provided in accordance with the ADA Standards for Accessible
Design, as currently in effect and as hereafter amended from time
to time, and/or the Uniform Code.
(3)
Combination of uses. Where there is a combination of uses on a lot
of record, the required number of parking spaces shall be the sum
of that found for each use.
(4)
Location of lot. The parking spaces required by this section shall
be provided on the same lot of record as the use. Exemption(s):
(a)
Municipal parking. Uses within 500 feet of a municipal parking
lot or designated on-road parking may be wholly or partially exempt
from the parking space requirements at a lot of record if approval
is obtained by the AHJ of such parking lot or on-road parking.
(b)
Shared parking. Parking space requirements for two or more uses
that are located on the same lot of record or a contiguous lot of
record may be allowed to share parking spaces if a shared parking
agreement, which shall be approved by the Town Attorney, is executed
and such agreement is recorded at the Office of the County Clerk against
the deed(s) of affected lot(s) of record.
(5)
Parking spaces at a residential use. Parking spaces at a lot of record
whose principal use is a residential use may be provided within a
carport, private garage or a similar type of accessory structure designed
for vehicular storage or in the open at a designated driveway associated
with such use.
 Figure 41 - Parking Spaces at a Residential Use
|
(6)
Standards. Parking spaces shall be installed and permanently maintained
in accordance with Table 2 - Dimensional Standards of Parking Spaces.
Type of Parking Angle
|
Table 2 — Dimensional Standards of Parking Spaces
| ||||
|---|---|---|---|---|
|
Type of Parking Space
|
Angle of Parking Space
(degrees)
|
Length of Parking Space
|
Width of Parking Space
(feet)
|
Aisle Width
(feet)
|
|
Traditional
|
90°
|
19 feet
|
9
|
24
|
|
Traditional
|
60°
|
21 feet
|
9
|
18
|
|
Traditional
|
45°
|
19 feet 10 inches
|
9
|
13
|
|
Accessible
|
90°
|
19 feet
|
13
|
24
|
|
Accessible
|
60°
|
21 feet
|
13
|
18
|
 Figure 42 - Dimensional Standards of Parking Spaces
|
(a)
Parking and loading spaces shall be set back a minimum of 10
feet from a public right-of-way unless approved otherwise by the AHJ.
(b)
Parking spaces for residential uses shall be located on the
same lot of record as the dwelling unit they are intended to serve.
(c)
Parking spaces for nonresidential uses shall be located on the
same lot of record unless a shared parking agreement is approved by
the Town Attorney as well as it being located within 500 feet of the
structure it is intended to serve.
(d)
Permeable surfaces are preferred but not required at parking
spaces for environmental and drainage reasons.
D.
Parking lots.
(1)
Design. Parking lots for a new development containing a nonresidential
use(s) shall be grouped in blocks of parking spaces of no more than
50 contiguous parking spaces. These spaces may be in a linear row
or two or more parallel rows. A landscaped area of at least 12 feet
wide shall separate parking areas.
 Figure 43 - Example of a Parking Lot
|
(2)
Landscaping. Any new development containing a nonresidential use(s)
requiring more than 50 parking spaces shall be required to have the
following amount of landscaping in parking lots:
(a)
For parking lots with fewer than 150 parking spaces, landscaping
islands shall be a minimum of 10% of the parking area.
(b)
For parking lots with 150 parking spaces or more, landscaping
islands shall be a minimum of 20% of the parking area.
(c)
Landscape islands. The size and number of landscape islands
shall be required as identified below. These requirements shall not
apply when a row of parking spaces is located under a structure or
at the end of a parking row that coincides with a required front,
side or rear yard:
[1]
A parking row containing fewer than 15 contiguous parking spaces
shall be terminated by a landscape island with a minimum dimension
of nine feet in width by 18 feet in length.
[2]
A parking row containing between 15 and 30 contiguous parking
spaces shall be:
[a]
Terminated by a landscape island with a minimum
dimension of 12 feet in width by 18 feet in length, which is illustrated
as Option A in the below figure; or
[b]
Terminated by a landscape island with a minimum
dimension of nine feet in width by 18 feet in length and shall contain
one landscape island in the middle of the row with a minimum dimension
of nine feet in width by 18 feet in length, which is illustrated as
Option B in the below figure.
 Figure 44 - Example of Landscape Island(s) at Parking Lot
|
(3)
Setback(s). In any off-road parking area, other than that provided
for a single- or two-unit dwellings, no vehicle shall be allowed to
park closer than five feet to any lot line. However, any buffer requirement(s)
prescribed in this chapter shall be satisfied and may be more restrictive.
A.
Lakefront Residential (LRES) Zoning District. In the Lakefront Residential
(LRES) Zoning District, it is prohibited to have more than one principal
use at a single lot of record. Exemption(s):
(1)
A lot of record that contains a single-unit dwelling as well as farm
operation excluding livestock.
B.
Other zoning districts. Except for the Lakefront Residential (LRES)
Zoning District, more than one principal use (AKA "mixed use development")
but not greater than three principal uses may be operated at a lot
of record, provided it conforms to all of the following:
(1)
The uses proposed at a mixed use development are authorized at the
zoning district it is proposed to be located.
(2)
The proposed uses at a mixed use development conform to the standards
prescribed in this chapter.
(3)
The mixed use development conforms to the applicable requirements
of the Uniform Code, such as but not limited to the installation of
fire rated assemblies, fire protection systems and/or fire separation
distances.
(4)
At a mixed use development, a lot of record shall have a minimum
lot area that equals the minimum lot area mandated by the subject
zoning district times by the number of proposed uses. For example,
an owner of a lot of record at the Agricultural Residential Zoning
District proposes two distinct principal uses. This chapter prescribes
that the minimum lot area for such zoning district is two acres. Therefore,
such lot of record shall have a minimum lot area of four acres, which
is the product of two acres times by two proposed uses. Exemption(s):
(a)
A lot of record whose principal uses are a farm operation and
single-unit dwelling.
A.
Accessible ramps and lifts. Accessible ramps and lifts shall be exempt
from yard requirements. However, accessible ramps and lifts shall
not encroach on any public way or contiguous lot of record. Furthermore,
accessible ramps and lifts shall not be constructed in such a manner
as to create a hazard to the general public. Lastly, such ramp and
lift shall be set back from a contiguous lot line pursuant to the
applicable provisions of the Uniform Code or five feet, whichever
requirement is more restrictive.
 Figure 45 - Accessible Ramp Encroachment upon Yard(s)
|
B.
Architectural features. Architectural features (e.g., sills, belt
courses, pilasters, leaders, cornices, eaves and other types of ornamental
features) may extend not more than two feet into any required yard.
Lastly, such projection shall be separated from a contiguous lot line
pursuant to the applicable provisions of the Uniform Code or five
feet, whichever requirement is more restrictive.
C.
Bay. Bays, including their cornices and eaves, may extend not more
than two feet into any required yard, provided that the sum of such
projections on any building elevation shall not exceed 1/4 the length
of such elevation. However, bays shall not encroach on any public
way or contiguous lot of record. Furthermore, bays shall not be constructed
in such a manner as to create a hazard to the general public. Lastly,
such bay shall be set back from a contiguous lot line pursuant to
the applicable provisions of the Uniform Code or five feet, whichever
requirement is more restrictive.
D.
Chimneys. Chimneys or other types of exhaust systems may extend not
more than three feet into any required yard. Lastly, such projection
shall be separated from a contiguous lot line pursuant to the applicable
provisions of the Uniform Code or five feet, whichever requirement
is more restrictive.
 Figure 46 - Architectural Features, Bay and Chimney Encroachment
upon Yard(s)
|
E.
Emergency standby generator. An emergency standby generator serving
a principal building and/or accessory structure at a lot of record
shall be set back from a contiguous lot line pursuant to the applicable
provisions of the Uniform Code, the manufacturer's installation
instructions or five feet, whichever requirement is more restrictive.
F.
HVAC. An HVAC unit serving a principal building and/or accessory
structure at a lot of record shall be set back from a contiguous lot
line pursuant to the applicable provisions of the Uniform Code, the
manufacturer's installation instructions or five feet, whichever
requirement is more restrictive.
G.
Means of egress. A means of egress shall be exempt from yard requirements.
However, any type of means of egress shall not encroach on any public
way or contiguous lot of record. Furthermore, a means of egress shall
not be constructed in such a manner as to create a hazard to the general
public. Lastly, such means of egress shall be set back from a contiguous
lot line pursuant to the applicable provisions of the Uniform Code
or five feet, whichever requirement is more restrictive.
H.
Temporary agricultural building. A temporary agricultural building
(e.g., temporary greenhouse) shall be exempt from yard requirements.
However, a temporary agricultural building shall not encroach on any
public way or contiguous lot of record. Furthermore, a temporary agricultural
building shall not be constructed in such a manner as to create a
hazard to the general public. Lastly, such agricultural building shall
be set back from a contiguous lot line pursuant to the applicable
provisions of the Uniform Code or five feet, whichever requirement
is more restrictive.
A.
The maintenance of all lands, structures and/or uses shall be regulated
by the Uniform Code or any other applicable law.
B.
Boarding standards.
(1)
A door or window at a structure shall not be boarded except under
the following circumstances:
(a)
A door or window may be boarded for a period of time not to
exceed six months due to a disaster or emergency related event (e.g.,
fire or hurricane).
(b)
A door or window may be boarded for a period of time not to
exceed six months due to a replacement of a door, window or portion
thereof, such as but not limited to a broken pane of glass.
(c)
A structure required to be boarded to protect life and safety
as determined by an AHJ.
(2)
If a door or window is boarded, it shall be boarded in a workmanlike
manner and shall continue to appear as a window or door.
 Figure 48A - Prohibited Type of Boarding
|
 Figure 48B - Permitted Type of Boarding
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C.
Shoreline structures. A shoreline structure shall comply with any
applicable law as well as be maintained in good repair and structurally
sound.
The disturbance of a steep slope shall be regulated by the Protection
of Steep Slopes Law of the Town, as currently in effect and as hereafter
amended from time to time.[1]
A.
Intent. The intent of this section is to prevent loss of life and
property due to flooding and erosion by establishing requirements
for minimum setbacks between perennial streams and principal buildings
or accessory structures that are located at a lot of record.
B.
Applicability. The requirements of this section apply to all new
principal buildings and/or accessory structures proposed to be located
at a lot or record, which also contains a perennial stream, in any
zoning district of the Town. The replacement, renovation or restoration
of existing principal buildings and/or accessory structures located
within the minimum setback between perennial streams and such buildings
and/or structures shall be permitted under the following conditions:
(1)
The existing principal building's and/or accessory structure's
footprint within such setback is in the same location; and
(2)
The existing principal building's and/or accessory structure's
encroachment into such setback shall not be made more nonconforming
by such replacement, renovation or restoration.
C.
Setback.
(1)
Measurement. The setback from perennial streams to principal buildings
and/or accessory structures shall be measured from the closest stream
bank of such stream to the building line of such building and/or structure.
 Figure 47 - Setback from Perennial Streams
|
(2)
Minimum setback. The minimum setback between perennial streams and
principal buildings and/or accessory structures shall be 10 feet.
Exemption(s):
(a)
Principal buildings and/or accessory structures may encroach
upon such setback only if flood control, stormwater management structures,
and/or stream bank stabilization measures are designed and sealed
by a registered design professional.
A.
Compliance required. Temporary structures and/or uses shall comply
with the applicable regulations of this chapter as it pertains to
permanent structures and/or uses. Exemptions:
(1)
Agricultural business that is temporary in nature (e.g., holiday
related seasonal sales, farm stand, etc.).
(2)
Temporary agricultural building.
 Figure 48 - Temporary Agricultural Building
|
(3)
Temporary emergency and disaster shelter when approved by an AHJ.
 Figure 50A - Temporary Emergency and Disaster Shelter
|
B.
Standards.
(1)
Any temporary use shall be a permitted principal use allowed within
the applicable zoning district.
(2)
Any temporary structure shall be completely removed within five business
days upon the termination of the temporary use.
(3)
Any temporary use at a lot of record shall have adequate on-site
parking, ingress, egress, traffic control, garbage/rubbish containers,
fire protection, and sanitary facilities to host such a use.
(4)
Any temporary structure and/or use shall comply with the Uniform
Code or any other applicable law.
(5)
Any temporary use of hazardous material or disposal of hazardous
waste is prohibited.
(6)
Any temporary use shall not cause external effects, such as but not
limited to offensive odors, increased lighting or glare, dust, smoke,
noise or vibration detectable to normal sensory perception at the
property line of a contiguous lot of record.
A.
Height of unobstructed sight distance. No structure shall be located
in the visibility triangle that shall obstruct the visibility of drivers
between a height of three feet and 10 feet unless approved otherwise
by the AHJ.
 Figure 49 - Height of Unobstructed Sight Distance
|
B.
Visibility triangle. At an intersection of two or more public roads,
the visibility triangle is the triangular area formed by the edge
of a public road, which shall not include its associated right-of-way,
and a line connecting them at points a minimum of 30 feet from the
intersection of such edge of road. Depending on the curvature and
grade of intersecting public roads, the AHJ may require a larger triangular
area.
 Figure 50 - Visibility Triangle
|
All on-site utility lines shall be placed underground. However,
nothing contained in this section shall prohibit:
A.
The temporary aboveground location of utility lines during construction
or emergency conditions.
B.
Renewal, reinstallation, relocation, replacement, repair or maintenance
of existing aboveground utility lines; or installation of aboveground
utility lines in location predominantly served by existing aboveground
utility lines.
C.
Aboveground utility lines where underground location would not be
feasible due to soil conditions, physical obstructions or terrain.
D.
Above-grade location of transformers, service or meter pedestals
and similar accessory installations, including any aboveground utility
lines necessarily or customarily extending above grade in an underground
utility line system.
Yards define the minimum open space to be provided along the
perimeter of a lot of record. Yards are the minimum setback distance
required between a lot line and a building line as set forth in the
zoning district where such lot of record is located. Lastly, every
part of a required yard shall not contain structures except where:
A.
Intent. The Town recognizes that there are many benefits associated
with the creation of legal accessory dwelling units on a lot of record.
These benefits include but are not limited to:
(1)
Accessory dwelling units at owner occupied lots of record foster
better property maintenance and neighborhood stability.
(2)
Accessory dwelling units provide the opportunity for increased security
and companionship for older or other owners who fear crime and personal
accidents.
(3)
Accessory dwelling units help meet the growth management goals of
the Comprehensive Plan by creating more housing opportunities without
the need to subdivide existing lots of record.
(4)
Accessory dwelling units enhance the local property tax base.
(5)
Benefiting older and younger owners, single parents and the disabled.
(6)
Increasing the supply of affordable housing without government subsidies.
(7)
Providing a cost-effective means of accommodating development by
making better use of existing infrastructure and reducing the need
to provide new infrastructure.
(8)
Providing a means for adult children to give care and support to
a parent in a semi-independent living arrangement.
(9)
Providing owners with extra income to help meet the rising cost of
home ownership.
(10)
Reducing the incidence of housing deterioration and blight by
preventing absentee ownership of property.
(11)
Reducing the number of applications for subdividing lots of
record in order to provide housing for family members.
B.
Construction, fire prevention and maintenance.
(1)
The design, color, material and texture of the exterior building
surfaces utilized at an accessory dwelling unit shall be substantially
the same as the principal building. Furthermore, an accessory dwelling
unit shall be designed and classified as an independent single-unit
dwelling and such unit shall conform to the standards prescribed in
this chapter for dwelling units.
(2)
An accessory dwelling unit shall comply with the applicable provisions
of the Energy Code, Uniform Code and/or any other local, state and/or
federal law.
(3)
The net floor area of an accessory dwelling unit shall not exceed
1,500 square feet.
C.
Deed restrictions. Prior to the authorization of an accessory dwelling
unit by the Town, the owner shall provide written proof to the designated
approval authority that a covenant setting forth all of the following
requirements, which shall be in a form satisfactory to the Town Attorney,
and such covenant has been recorded in the Office of the County Clerk:
(1)
A reference to the deed under which the lot of record was acquired
by the owner.
(2)
A restriction that the accessory dwelling unit shall not be sold
or owned separately, and the lot of record upon which the unit is
located shall not be subdivided in any manner that would authorize
such sale or ownership.
(3)
A restriction that the accessory dwelling unit is an independent
dwelling unit only so long as principal building is occupied by the
owner as his or her permanent place of abode in accordance to the
records of the Town Assessor.
(4)
The restrictions described herein shall be binding upon any successor
in ownership of the lot of record.
D.
Maximum number per lot of record. In no case shall more than one
accessory dwelling unit be located on a lot of record.
E.
Owner occupancy required. The owner of the lot of record in which
the accessory dwelling unit is located, or, if the owner of such lot
of record is a trust, the grantor of the trust shall occupy the principal
building as their permanent place of abode, except for bona fide temporary
absences, in accordance to the records of the Town Assessor. If, thereafter,
the owner fails to comply with this requirement, the accessory dwelling
unit shall change its use to another type of accessory use that is
permitted at the applicable zoning district. For clarification purposes,
"owner occupancy" means the owner, as reflected in the records filed
at the office of the County Clerk, or, if such owner is a trust, the
grantor of such trust makes his/her/their legal residence at the applicable
lot of record, as evidenced by voter registration, vehicle registration,
or other approved means. Exemption(s):
(1)
Caretaker quarters as permitted at a specific use as prescribed by
this chapter.
F.
Principal building/use. An accessory dwelling unit shall be located
on a lot of record whose principal building/use is only one, existing,
single-unit dwelling. Exemption(s):
(1)
Caretaker quarters as permitted at a specific use as prescribed by
this chapter.
G.
Sale. The sale of an accessory dwelling unit that is separate from
the sale of the lot of record, including all of the accessory structures
and principal buildings located on such lot, is prohibited.
H.
Subdivision. The owner shall acknowledge, in writing, which is signed
in the presence of a notary public, that he/she/they understand and
agree that should a subdivision of the lot of record later be proposed,
all parcels illustrated in said subdivision shall comply with the
minimum requirements of this chapter, including but not limited to
the dimension requirements of a lot of record and the yard requirements
for principal buildings and accessory structures.
I.
Vehicular access. An accessory dwelling unit shall utilize the same
vehicular access that serves the principal building, unless such unit
is located on a corner lot or double frontage lot for which a secondary
access is permitted by an AHJ.
Accessory living quarters shall conform to the standards pertaining
to an accessory dwelling unit except for the following:
A.
Construction, fire prevention and maintenance. Accessory living quarters
shall not be designed as a dwelling unit since such quarters are prohibited
to have a kitchen. Furthermore, accessory living quarters shall contain
no more than one bedroom.
B.
Net floor area. The net floor area of accessory living quarters shall
not exceed 1,000 square feet.
C.
Occupancy. Accessory living quarters shall only be occupied by a
person(s) who is part of the group of persons occupying the principal
building. For clarification purposes, the rental of a room(s) to a
person(s) who is not part of a single group occupying the principal
building is deemed transient by the Uniform Code since each room is
occupied similar to those in a nonresidential transient occupancy,
such as, but not limited to, a hotel or motel.
This use shall be regulated by the Adult Entertainment Establishment
Law of the Town, as currently in effect and as hereafter amended from
time to time.[1]
A.
Access. Access to an agricultural business shall only be taken from
a public road.
A.
Access. Access to an agricultural fairground shall only be taken
from a public road.
B.
Caretaker quarters. A caretaker quarters may be provided within a
principal building as an accessory dwelling unit or on the lot of
record as a detached single-unit dwelling.
C.
Compliance with the Sanitary Code. An agricultural fairground shall
comply with Part 7, specifically Subpart 7-5, of the Sanitary Code
of NYS, as currently in effect and as hereafter amended from time
to time. Where, in any specific case, conflicts occur between provisions
of this chapter and such state law, the more restrictive requirement
shall govern.
D.
Minimum lot area. An agricultural fairground shall be located on
a lot of record with a lot area of 25 acres or more.
A.
Access. Access to an agricultural service use shall only be taken
from a public road.
A.
Access.
Access to an agricultural tourism use shall only be taken from a public
road.
A.
Intent. The provisions of this section are to establish regulations
for the siting of amateur radio communications towers in order to
accommodate such towers as required by the FCC PRB-1, 101 FCC 2d 952
[September 16, 1985]. Such regulations have been created to reasonably
accommodate the amateur radio service and to establish the minimum
practicable regulation deemed necessary to accomplish the Town's
legitimate purpose described in Article 16 of the Town Law of NYS,
as currently in effect and as hereafter amended from time to time,
which is to promote the health, safety, morals, and/or the general
welfare of the community.
B.
AMATEUR RADIO SERVICE
COMPELLING COMMUNICATIONS NEED
LICENSED AMATEUR COMMUNICATIONS
Specific definitions. The following terms are specific to the use
regulated by this section:
The amateur service, the amateur satellite service and the
radio amateur civil emergency service.
A need for relief based upon the inability of the applicant
to obtain reasonable communications goals due to engineering or technical
limitations or physical characteristics, such as but not limited to
trees or structures located on the subject and adjacent lots of record
that obstruct or significantly impede communications to and from the
subject lot of record.
Amateur radio operations, also known as the "amateur radio
service," as regulated and licensed by the FCC pursuant to 47 CFR
Part 97.
C.
Application. In addition to the application requirements described
within this chapter, applications for the installation of an amateur
radio communications tower shall comply with the following application
requirements and the more restrictive requirement shall apply in cases
of conflict:
(1)
A scaled plan or drawing of the proposed amateur radio communications
tower, with design data, certified by a professional engineer or the
manufacturer that such structure meets or exceeds the current specifications
of the Electronics Industry Association guidelines or the Telecommunications
Industry Association guidelines.
(2)
Satisfactory evidence that the amateur radio communications tower
shall be constructed to conform to the applicable provisions prescribed
within the Uniform Code (e.g., fire separation distance, wind load,
etc.).
(3)
A site plan illustrating the lot of record and its dimensions, any
and all structures and the locations thereof, any and all easements
and the locations thereof, and the location of the amateur radio communications
tower and its setback from all easements, lot lines and/or structures.
(4)
Any application for an amateur radio antenna communications tower
shall include written evidence that the owner is an amateur radio
operator licensed by the FCC. Exemption(s):
(a)
If the FCC license holder and operator is not the owner but
an occupant at the lot of record, written evidence that the occupant
is an amateur radio operator licensed by the FCC and the owner shall
sign the application, which both individuals shall be bound by the
regulations of this section.
D.
Standards.
(1)
Abandonment and removal. The owner of a lot of record that contains
an amateur radio communications tower agrees to remove such structure
and to restore the land to its original state upon selling such lot
of record or when the owner or occupant no longer holds a valid FCC
license to operate as an amateur radio operator.
(2)
Aesthetics.
(a)
No amateur radio communications tower shall be artificially
lighted unless required by the FAA or any other AHJ.
(b)
No signage shall be permitted upon an amateur radio communications
tower other than those required by the FCC, FAA, manufacturer for
safety and part replacement identification purposes or signs mandated
by an AHJ.
(3)
Height.
(a)
Maximum height. An amateur radio communications tower that is
located at a lot of record shall not exceed 70 feet.
(b)
Special consideration. In considering an application for an
area variance as it pertains to an amateur radio communications tower
exceeding the permitted height, special consideration shall be accorded
to those licensed in the Amateur Radio Service by the FCC. Such consideration
shall ensure that such tower's height, as approved by the designated
approval authority, achieves the applicant's need for effective
communications but does not create a significant adverse impact to
health, safety and aesthetic considerations. In establishing the permitted
height, the designated approval authority shall consider the submitted
compelling communications need regarding radio signal propagation.
It is the responsibility of the applicant to supply such compelling
communications need to the designated approval authority to substantiate
and justify the proposed height for an amateur radio communications
tower.
(4)
Industry standards. All amateur radio antenna communications towers,
including any antennas and other appurtenances, shall be constructed,
operated, maintained, repaired, provided for the removal of, modified
or restored in strict compliance with applicable industry standards,
such as but not limited to NATE, NESC and the NEC.
(5)
Maintenance. All amateur radio antenna communications towers, including
any antennas and other appurtenances, that have, due to damage, lack
of repair, or other circumstances, become unstable, lean significantly
out-of-plumb, or pose a danger of collapse shall be removed or brought
into a state of good repair. Such repair work shall be prepared and
sealed by a registered design professional.
(6)
Maximum number of structures. No more than one amateur radio communications
tower shall be allowed per lot of record. Exemption(s):
(a)
Upon showing of compelling communications need, the designated
approval authority may approve additional amateur radio communication
towers at a lot of record.
(7)
Operation.
(a)
An amateur radio communication towers shall be maintained in
operational condition meeting all of the requirements of this section
at all times, subject to reasonable maintenance and repair. If such
tower becomes inoperative, damaged, unsafe, or violates a standard,
the owner shall remedy the situation within 90 days after written
notice from the Code Enforcement Officer. The Code Enforcement Officer
may extend the period by 90 days.
(b)
If an amateur radio communications tower is not repaired or
brought into compliance within the time frame stated above, the Town
may, after a public hearing, order remedial action or revoke any issued
certificate and/or permit, and order removal of such tower within
90 days.
(8)
Setbacks.
(a)
No part of an amateur radio communications tower, including
stays, guy or supporting wires as well as ground anchors, shall be
in violation of the relevant yard requirements of the applicable zoning
district.
 Figure 51- Amateur Radio Communications Tower and Yard Requirements
|
(b)
No part of an amateur radio communications tower, including
stays, guy or supporting wires as well as ground anchors, shall be
located in the front yard at a lot of record.
(c)
No part of an amateur radio communications tower, including
stays, guy or supporting wires as well as ground anchors, shall be
located on any easement.
(9)
Type of tower.
(a)
Hamlet, Lakefront Commercial and Lakefront Residential Zoning
Districts. Due to aesthetic concerns, crank-up towers (e.g., US Tower
TMM series compact crank-up towers) shall be the only permitted type
of amateur radio communications tower at the Hamlet, Lakefront Commercial
and Lakefront Residential Zoning Districts. At such tower's retracted
height, the visual impact is reduced to a minimum and antenna servicing
is made easier. Lastly, an amateur radio communications tower that
is located within such zoning districts shall be fully retracted when
not transmitting.
(b)
Other zoning districts. Any type of tower specifically manufactured
as part of an amateur radio communications tower shall be permitted.
Examples of various towers are crank-up towers, lattice towers with
guy wires, monopole towers and other types of self-supporting towers.
 Figure 52 - Amateur Radio Antenna Support Structure (Crank-Up
Tower)
|
A.
Access.
(1)
Bedrooms. Access to the sleeping rooms shall be provided through
the main entrance to the bed-and-breakfast dwelling. In addition,
no sleeping rooms for transient use shall be located above the second
story of a bed-and-breakfast dwelling.
(2)
Public road. Access to a bed-and-breakfast dwelling shall only be
taken from a public road.
B.
Accessory dwelling units. Accessory dwelling units are not permitted
in conjunction with a bed-and-breakfast dwelling.
C.
Accessory living quarters. Accessory living quarters are not permitted
in conjunction with a bed-and-breakfast dwelling.
D.
Cooking facilities prohibited. No cooking facilities (e.g., microwave)
shall be provided or permitted in any sleeping room.
E.
Meals. Accommodations at the bed-and-breakfast dwelling shall include
breakfast for the guests and included in the charge for the room.
No meal other than breakfast may be prepared on the premises for the
guests. The owner shall comply with all federal, state and local requirements
for the preparation, handling and serving of food.
F.
Minimum floor area. A bed-and-breakfast dwelling shall have a minimum
gross floor area of 2,000 square feet.
G.
Minimum lot area. A bed-and-breakfast dwelling shall be located on
a lot of record that is compliant with the minimum lot area of the
applicable zoning district but shall not be less than two acres.
H.
Owner's residency required. The owner shall have his or her
permanent place of abode at the bed-and-breakfast dwelling.
I.
Parking.
(1)
One parking space shall be provided for each sleeping room, which
shall be in addition to those required for the dwelling unit.
(2)
All parking spaces shall be located at the rear and/or side yards,
and be designed to facilitate the exiting of vehicles in a forward
motion from the lot of record onto the contiguous road.
(3)
A buffer shall be installed between all parking spaces and a contiguous
lot of record that contains an existing residential use.
A.
Access. Access to a children's overnight camp shall only be
taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided at a children's
overnight camp as an accessory use. A caretaker quarters shall only
be occupied by an employee(s) of said camp and may be located within
a principal building that may be designed as a dwelling unit or as
a sleeping unit.
D.
Compliance with the American Camping Association (ACA) standards.
A children's overnight camp shall comply with the American Camping
Association (ACA) standards. Where, in any specific case, conflicts
occur between provisions of this chapter and such standard, the more
restrictive requirement shall govern.
E.
Compliance with the Sanitary Code. A children's overnight camp
shall comply with Part 7, specifically Subpart 7-2, of the Sanitary
Code of NYS, as currently in effect and as hereafter amended from
time to time. Where, in any specific case, conflicts occur between
provisions of this chapter and such state law, the more restrictive
requirement shall govern.
F.
Design. The design of all camp structures and/or uses, including
site layout, building orientation and accessory structures and/or
uses, shall be directed inward with minimal visibility to public rights-of-way
and contiguous lots of record.
G.
Minimum lot area. A children's overnight camp shall be located
on a lot of record with a lot area of 20 acres or more.
H.
Summer camp cabin. A summer camp cabin may be provided at a children's
overnight camp as an accessory use, but it shall comply with 10 NYCRR,
Chapter I, Part 7, Subpart 7-2, Section 7-2.12 of the Sanitary Code
of NYS, as currently in effect and as hereafter amended from time
to time, and any other applicable law (e.g., Uniform Code). Lastly,
the occupants of this cabin shall be registered and/or employed at
a children's overnight camp.
A.
Access. Access to a summer day camp shall only be taken from a public
road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided at a summer
day camp as an accessory use. A caretaker quarters shall only be occupied
by an employee(s) of said camp and may be located within a principal
building that may be designed as a dwelling unit or as a sleeping
unit.
D.
Compliance with the American Camping Association (ACA) standards.
A summer day camp shall comply with the American Camping Association
(ACA) standards. Where, in any specific case, conflicts occur between
provisions of this chapter and such standard, the more restrictive
requirement shall govern.
E.
Compliance with the Sanitary Code. A summer day camp shall comply
with Part 7, specifically Subpart 7-2, of the Sanitary Code of NYS,
as currently in effect and as hereafter amended from time to time.
Where, in any specific case, conflicts occur between provisions of
this chapter and such state law, the more restrictive requirement
shall govern.
F.
Design. The design of all camp structures and/or uses, including
site layout, building orientation and accessory structures and/or
uses, shall be directed inward with minimal visibility to public rights-of-way
and contiguous lots of record.
G.
Minimum lot area. A summer day camp shall be located on a lot of
record with a lot area of 20 acres or more.
A.
Intent. The provisions of this section are enacted for the purpose
of protecting public health, safety and general welfare of residents
and transients in this Town, to prevent overcrowding and unsanitary
conditions, and to establish minimum standards for the operation of
campgrounds in the Town.
B.
CAMPING UNIT
CAMPSITE
Specific definitions. The following terms are specific to the use
regulated by this section:
This term shall bear the same meaning as "camping unit" that
is defined in 10 NYCRR Part 7, Subpart 7-3, as currently in effect
and as hereafter amended from time to time.
This term shall bear the same meaning as "campsite" that
is defined in 10 NYCRR Part 7, Subpart 7-3, as currently in effect
and as hereafter amended from time to time.
C.
Compliance with NFPA 1194. A campground shall comply with NFPA 1194,
Recreational Vehicle Parks and Campgrounds, as currently in effect
and as hereafter amended from time to time. Where, in any specific
case, conflicts occur between provisions of this chapter and such
standard, the more restrictive requirement shall govern.
D.
Compliance with the Sanitary Code. A campground shall comply with
Part 7, specifically Subpart 7-3, of the Sanitary Code of NYS, as
currently in effect and as hereafter amended from time to time, regardless
of its applicability. Where, in any specific case, conflicts occur
between provisions of this chapter and such state law, the more restrictive
requirement shall govern.
E.
Standards.
(1)
Access. Access to a campground shall only be taken from a public
road.
(2)
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
(3)
Campsites. Boundaries of campsites shall be well-defined and permanently
marked. In addition, campsites shall meet the following requirements:
(a)
The density of campsites in a campground shall not exceed an
average of 10 campsites per acre, inclusive of service roads, service
buildings and accommodations, recreational areas, etc.
(b)
Each campsite, which shall include its parking space, shall
provide a minimum of 2,500 square feet of space and shall not be less
than 30 feet at its narrowest point.
(c)
Each campsite shall be identified by number and section. Camping
units within a campground shall be required to located within the
designated campsites. It shall be unlawful for more than one camping
unit to occupy a single campsite.
(d)
Each campsite shall be well-drained, with no pooling of water,
and shall provide sufficient open and graded space for the accommodation
of camping units.
(e)
Each campsite shall provide a parking space for a vehicle, which
such space shall not interfere with the convenient and safe movement
of traffic at the campground.
(4)
Caretaker quarters. A caretaker quarters may be provided within a
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
(5)
Interior roads. An interior road located within a campground shall
be designed and certified as fire apparatus access roads pursuant
to the Uniform Code.
(6)
Length of stay. The maximum continuous habitation allowed in a campground
is seven continuous months. After seven months, the camper shall vacate
from that campground for a minimum of five continuous months.
(7)
Lot area. A campground shall be located on a lot of record with a
lot area of 20 acres or more.
(8)
(9)
Recreation area. No less than 20% of the gross area of any campground
shall be devoted to common recreational areas with facilities, such
as playgrounds, trails, swimming pools or community buildings on suitable
land for the stated purpose.
(10)
Safety.
(a)
The electrical installation and electrical hookup provided for
camping units shall be in accordance with the provisions of the NEC,
current edition.
(b)
If open fires are permitted, there shall be a fireplace or fire
pit provided for the building of fires by a camper, which shall be
located within a cleared area to aid in fire control.
(11)
Service building(s) and accommodations.
(a)
General. A campground shall have a suitable building(s) for
housing toilets, lavatories, showers and slop sinks. The building(s)
shall be located to not exceed 200 feet travel distance from any campsite.
The building(s) shall be constructed to provide adequate lighting,
privacy and ventilation as prescribed by the Uniform Code.
[1]
The amount of plumbing facilities shall be based on the total
campground capacity according to the approved site plan.
[2]
Floors of such buildings shall be of concrete, tile or similar
material impervious to water and easily cleaned and drained by means
of a floor drain.
 Figure 54 - Lavatory and Toilet Facilities at a Campground
|
(b)
Garbage and/or rubbish disposal. All garbage and rubbish shall
be stored in a suitable watertight as well as animal and pest resistant
receptacle. It shall be the duty of the owner of the campground to
regularly dispose of garbage and rubbish in a sanitary manner.
(c)
Potable water. A campground shall obtain potable water from
a source approved by the NYSDOH. The drinking, cooking, laundry, bath
and general water supply for each campsite shall be obtained only
from faucets or other plumbing fixtures connected directly to the
potable water supply system. Such faucets or water supply fixtures
may be either located by each campsite or at centralized watering
stations.
(d)
Public telephone. At least one public telephone shall be provided
that is accessible and operational at all times. Such telephone shall
be located in the vicinity of the permanent registration center and
shall be illuminated at all times.
[1]
Emergency information sign. A permanent and waterproof emergency
information sign shall be installed within the immediate vicinity
of the public telephone and shall contain the following information:
(e)
Sewage disposal. A campground shall contain facilities for the
proper disposal of wastewater via an approved septic system, legal
RV dump station or any other system approved by an AHJ.
 Figure 55 - Site Plan of a Campground
|
A.
Compliance with the law. No person or entity shall produce, grow,
or sell cannabis or hold itself out as an NYS-licensed organization
unless it has complied with Article 33 of the Public Health Law of
NYS, as currently in effect and as hereafter amended from time to
time, and/or any other applicable law.
B.
Approved products. A cannabis retail dispensary shall only dispense
approved cannabis products in accordance with the applicable laws
of NYS.
C.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
D.
Building requirements.
(1)
A cannabis retail dispensary shall operate within a permanently
constructed, fixed structure. It is prohibited to operate from a vehicle
or within a nonpermanent structure.
(2)
A cannabis retail dispensary shall have its means of egress
independent from any other use and shall directly discharge to a public
way. For the purposes of this section, "means of egress" and "public
way" are defined by the Uniform Code.
(3)
A cannabis retail dispensary shall only dispense approved cannabis
products in an indoor, enclosed, secure facility.
(4)
A cannabis retail dispensary shall have a security system to
prevent and detect diversion, theft, or loss of cannabis and/or cannabis
products, using commercial grade equipment.
E.
Licenses and/or permits. A cannabis retail dispensary shall submit
evidence that all necessary licenses and/or permits have been obtained
from NYS and all other AHJs to the Town. Said licenses and/or permits
shall be posted in a conspicuous place, near the main exit or exit
access doorway.
F.
Location restriction(s).
(1)
A cannabis retail dispensary shall not be located and/or operated
within 500 feet of:
(a)
A place of worship; or
(b)
A building containing a child day-care establishment; or
(c)
A building containing a school; or
(d)
A park; or
(e)
A building containing a residential use and/or Residential Group
R use and occupancy as defined by the Uniform Code; or
(f)
A structure or facility providing, whether wholly or partially,
an essential public service; or
(g)
A building containing licensed premises as defined by § 3
of the Alcoholic Beverage Control Law of the State of New York, as
currently in effect and as hereafter amended from time to time; or
(h)
A building containing another cannabis retail dispensary.
(i)
A correctional facility.
(2)
For the purpose of this subsection, measurement shall be made
in a straight line, without regard to the intervening structures or
objects, from the nearest portion of the building or structure used
as the part of the premises where a cannabis retail dispensary is
conducted to the nearest portion of the building or structure of a
restricted location listed herein. Presence of a Town, village or
other political subdivision boundary shall be irrelevant for purposes
of calculating and applying these distance requirements.
G.
Prohibited action(s). A cannabis retail dispensary shall not dispense
cannabis products from the same location where the cannabis is grown
or manufactured.
A.
Access. Access to a cemetery shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within a
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Cemetery related structures. Cemetery related structures such as
but not limited to mausoleums and columbariums are encouraged in order
to maximize the use of interment acreage. Existing cemeteries shall
not be required to obtain a special use permit or a use variance for
the construction of cemetery-related structures.
E.
Compliance with the state law. A cemetery shall comply with state
law, such as but not limited to Article 15 of the Not for Profit Corporations
Law of NYS, §§ 450 through 451 of the Real Property
Law of NYS and §§ 4216 through 4221 of the Public Health
Law of NYS, as currently in effect and as hereafter amended from time
to time. Where, in any specific case, conflicts occur between provisions
of this section and such state law, the more restrictive requirement
shall govern.
F.
Flood zone. Burial plots or cemetery-related structures shall only
be permitted in areas outside the 500-year-flood zone as prescribed
by the Flood Insurance Rate Map of the Town, which is created by FEMA.
G.
Parking spaces. The minimum number of parking spaces as prescribed
within this chapter shall not apply to burial plots and cemetery-related
structures, such as but not limited to a mausoleum or a columbarium.
H.
Setbacks. All burial plots as well as cemetery-related structures
shall be set back from any lot line in accordance to the minimum yard
dimensions for a principal building at the applicable zoning district.
 Figure 56 - Site Plan of a Cemetery
|
A.
Intent. The Town recognizes that one of the methods to address our
environmental sustainability and housing affordability is to build
smaller dwellings. A cottage housing development is generally defined
as a grouping of small, detached, single-unit dwelling units clustered
around a common open space or courtyard and developed under a coherent
plan. It is typically built on small infill sites in established residential
zoning districts. It fills a niche between traditional choices of
single-unit and multiunit dwellings. Although less spacious than conventional
single-unit dwelling, it offers the privacy and personal space of
a detached single-unit dwelling in a less costly package. Additionally,
cottages may be located on separate lots of record, or on an undivided,
commonly-owned lot of record. Residents may share use and maintenance
expense of common facilities, such as parking, storage areas, and
amenities. Furthermore, thoughtful design and efficient use of space
are hallmarks of these developments. Well-designed cottage housing
developments can offer significant community benefits, such as efficient
use of land, and reduced demand for energy and building materials
compared to conventional single-unit dwellings. It allows moderate
increases in density while minimizing development scale. The number
of people and vehicles per unit as well as overall building coverage
are less than for a similar number of single dwelling units. Lastly,
the smaller-sized units also are generally affordable to a wider pool
of buyers.
B.
COMMON OPEN SPACE
COMMUNITY BUILDING
COTTAGE
FOOTPRINT
Specific definitions. The following terms are specific to the use
regulated by this section:
Unoccupied land within a cottage housing development, not
individually owned or publicly dedicated, that is designed and intended
for the common use or enjoyment of such community's occupants
and their guests and may include recreational improvements.
A building owned in common by the cottage housing development's
homeowners and designated for multipurpose uses by the cottage housing
community. It should be consistent with the design and scale of the
cottages, and its use should clearly be accessory to the cottage housing
development.
A detached single-unit dwelling that is part of a cottage
housing development.
The gross floor area of a cottage's ground-level story.
C.
Community assets.
(1)
Community building(s).
(a)
Community buildings are permitted in a cottage housing development
and shall be incidental in use and size to the cottages. In addition,
community buildings shall conform to the design standards for a cottage.
(b)
Dining facilities, entertainment space, guest quarters, library,
recreational space and/or storage space may be permitted as part of
a community building.
(c)
A community building shall not exceed one story.
(d)
Community buildings shall be located on the same lot of record
as a cottage housing development, and shall be commonly owned by the
residents of such development.
 Figure 57 - Community Building at a Cottage Housing Development
|
(2)
Common open space.
(a)
Each cottage shall be oriented to the common open space to provide
a sense of openness and community for residents.
(b)
At least 100 square feet per cottage of common open space is
required. However, the common open space shall be at least 1,000 square
feet in area, regardless of the number of cottages.
(c)
Each area of common open space shall be in one contiguous and
usable piece.
(d)
To be considered as part of the minimum open space requirement,
an area of common open space shall have a minimum dimension of 20
feet on all sides.
(e)
At least two sides of the common open area shall have cottages
along its perimeter.
(f)
The common open space shall be distinguished from the private
open space of a cottage via the installation of landscaping and/or
fences to provide a visual boundary, or a walkway around the perimeter
of the common open space.
 Figure 58 - Common Open Space at a Cottage Housing Development
|
E.
Density. The number of dwelling units proposed for a cottage housing
development is permitted to be 1.5 times the maximum density permitted
for a lot of record at an applicable zoning district. Moreover, the
following density bonuses may be awarded by the designated approval
authority that will allow a cottage housing development to increase
such maximum density.
(1)
Accessibility. Up to a 10% density bonus may be granted for the provision
of making sites, facilities, buildings, and elements accessible pursuant
to ICC/ANSI A117.1 — Accessible and Usable Buildings and Facilities.
(2)
Agriculture. A 1% density bonus may be granted for each additional
1% of the site that will preserve farm operations. However, such bonus
shall not exceed 10% regardless of the amount of proposed farm operations.
(3)
Amenities. Up to a 10% density bonus may be granted for the provision
of amenities such as but not limited to docks, parks as well as indoor
and outdoor recreation facilities (e.g., swimming pools, gyms, playgrounds,
walking trails, golf courses, etc.) considered beneficial to the cottage
housing development. Such amenities shall not be required to be accessible
to the public.
(4)
Blight. Up to a 10% density bonus may be granted for the cleanup
of a blighted site, contamination removal or demolition of obsolete
structures.
(5)
Common open space. A 1% density bonus may be granted for each additional
1% of the site that will be designated as common open space. However,
such bonus shall not exceed 10% regardless of the amount of proposed
common open space.
(6)
Fire detection system, monitored. Up to a 10% density bonus may be
granted for the provision of a monitored fire detection system in
all structures. To be eligible for this bonus, such system shall be
designed, installed and maintained in accordance to the reference
standard(s) described within the Uniform Code.
(7)
Fire protection system. Up to a 10% density bonus may be granted
for the provision of a fire protection system in all structures. To
be eligible for this bonus, such system shall be designed, installed
and maintained in accordance to the reference standard(s) described
within the Uniform Code.
(8)
Historic preservation. Up to a 10% density bonus may be granted for
preservation and adaptive reuse of historically or architecturally
significant structures, which such classification shall be determined
by the County Genealogical and Historical Society or approved equivalent
authority, that are located on the site.
(9)
Noncombustible siding. Up to a 10% density bonus may be granted for
the provision of noncombustible siding at all structures.
(10)
Renewable energy systems. Up to a 10% density bonus may be granted
for the provision of renewable energy systems, such as but not limited
to solar photovoltaic and/or thermal systems and wind energy conversion
system. Such amenities shall not be required to be connected to a
public service agency.
F.
Design standards.
(1)
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
(2)
Building coverage. A cottage housing development shall be allowed
a building coverage of 60%.
(3)
Building height. The maximum building height of cottage shall be
28 feet.
(4)
Carports and/or garages. Shared carports and/or garages shall be
limited to five parking spaces per structure and shall be detached
from cottages. Roofs of carports and/or garages shall be pitched.
(5)
Cottage design.
(a)
Appearance. Cottages shall contain a variety of designs that
include articulation of facades, changes in materials, texture, color,
and window treatments, and other architectural features so all units
do not appear identical.
 Figure 59 - Appearance of Cottages at a Cottage Housing Development
|
(b)
Basement or crawl space. A cottage may have a basement or a
crawl space.
(c)
Floor area. The gross floor area of each cottage shall not exceed
1,500 square feet. However, the following habitable spaces shall not
be included in the gross floor area calculations:
(d)
Front porch. A covered front porch, which shall be a minimum
of 60 square feet, is required at each cottage. Such porch shall be
oriented toward the common open space.
(e)
Manufactured home. A manufactured home is prohibited to be utilized
as a cottage.
(f)
Orientation. Each cottage shall be clustered around a common
open space. Each cottage shall have a primary entry and covered porch
oriented to the common open space.
(g)
Private garage. A private garage is prohibited to be attached
to a cottage.
(h)
Roof. A roof of a cottage shall be pitched.
 Figure 60 - Size of a Cottage at a Cottage Housing Development
|
(6)
Parking spaces.
(a)
Parking shall be separated from the common open space and public
roads by a buffer.
(b)
Parking spaces shall be accessed only by a private driveway
or road.
(c)
The design of garages and carports, including their associated
roof lines, shall be similar to and compatible with that of the cottages
within the cottage housing development.
(d)
Parking areas shall be limited to no more than five contiguous
parking spaces. Clusters must be separated by a distance of at least
20 feet.
(7)
Private open space. Each cottage in a cottage housing development
shall be provided an area of private open space. The private open
space shall separate the main entrance to the cottage from the common
open space to create a sense of privacy as well as small but pleasant
private yard area. The private open space may be separated from the
common open space with landscaping, fences or other similar visual
separation to create a sense of separate ownership.
(8)
Setbacks. The minimum setbacks for all structures, which includes
cottages, parking structures and community buildings, in a cottage
housing development are:
(9)
Walkways. A system of interior walkways shall connect each cottage
to each other and to the parking area, and to any sidewalks abutting
any roads bordering the cottage housing development.
G.
Ownership. Community buildings, parking areas and common open space
shall be owned and maintained commonly by the cottage housing development's
residents, through a condominium association, a homeowners' association,
or a similar mechanism that is approved by the Town Attorney, and
shall not be dedicated to the Town.
 Figure 62 - Site Plan of a Cottage Housing Development
|
A.
Access. Access to a commercial use, whether heavy or light, shall
only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit or on the lot of
record as a detached single-unit dwelling.
A.
Access. Access to a country club shall only be taken from a public
road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Design.
(1)
Accessory uses. A country club may include the following accessory
uses, provided such uses are reasonably sized and located so as to
provide incidental service to a country club:
(a)
Clubhouse, which may consist of:
[1]
Restaurant, snack bar, lounge, and banquet facilities;
[2]
Locker rooms and restrooms;
[3]
Pro shops;
[4]
Administrative offices;
[5]
Golf cart and maintenance equipment storage and service facilities;
[7]
Fitness and health equipment, including workout machines, spas,
whirlpools, saunas, and steam rooms;
[8]
Game rooms, including card tables, billiards, ping-pong, video
games, pinball machines, and other similar table games; and
[9]
Babysitting rooms and connected fence-enclosed play lots.
(b)
Accessory recreation amenities located outside of a building,
including:
[1]
Golf courses.
[2]
Driving ranges, provided that the applicant shall furnish expert
evidence that all lighting has been arranged to prevent glare on contiguous
lots of record and roads;
[3]
Practice putting greens;
[4]
Swimming pools;
[5]
Tennis, platform tennis, handball, racquetball, squash, volleyball,
and badminton courts;
[6]
Bocce ball, croquet, shuffleboard, quoits, horseshoe pits, and
washers courses;
[7]
Picnic pavilions, picnic tables, park benches, and barbecue
pits;
[8]
Hiking, biking, horseback riding, and cross-country ski trails;
and
[9]
Playground equipment and play lot games, including four square,
dodgeball, tetherball, and hopscotch.
(2)
Minimum lot area. The minimum lot area for a lot of record containing
a country club shall conform to the following requirements but shall
not be less than 30 acres:
(a)
Eighteen hole regulation length golf course: 350 acres.
(b)
Eighteen hole executive length golf course: 70 acres.
(c)
Eighteen hole par-three length golf course: 50 acres.
(d)
Nine hole regulation length golf courses: 70 acres.
(e)
Nine hole executive length golf course: 40 acres.
(f)
Nine hole par-three length course: 30 acres.
(3)
Setbacks. A 50-foot-minimum setback shall be provided from any accessory
and principal building, swimming pool, tennis court or any amenity
area, excluding fairways and greens, to any contiguous lot line.
A.
Access. Access to a cultural center shall only be taken from a public
road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
A drive-through window facility shall be a component of a nonresidential
use, such as but not limited to a bank, pharmacy or restaurant. Such
facility shall comply with the following standards:
A.
Access. Access to a drive-through window facility shall only be taken
from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Orientation. A drive-through window facility shall not be located
at the front yard of a lot of record.
D.
Setbacks. The location of a drive-through window facility shall be
a minimum of 50 feet from a contiguous lot of record.
E.
Stacking lanes.
(1)
Entrances to stacking lane(s) shall be clearly marked and a minimum
of 40 feet from the intersection with a road. The distance shall be
measured from the lot line along a road to the beginning of the entrance.
(2)
Each stacking space shall be a minimum of 20 feet in length and 10
feet in width along all portions of the lane(s).
(3)
Restaurants shall have a minimum of five spaces for queuing vehicles
accessing the ordering window or speaker. If pickup/payment windows
are provided separately, the queuing distance between windows and/or
speaker(s) shall be a minimum of two stacking spaces.
(4)
Banks, service and retail establishments shall have a minimum of
three stacking spaces for queuing vehicles accessing a drive-through
window or speaker.
(5)
Stacking lanes shall be delineated from traffic aisles, other stacking
lanes and parking areas with striping, curbing, landscaping and the
use of alternative paving materials or raised medians.
(6)
Stacking lanes shall be designed to prevent congestion, both on-site
and on adjacent roads.
(7)
Stacking lane layout:
(a)
Shall be integrated with the on-site circulation pattern; and
(b)
Shall minimize conflicts between pedestrian and vehicular traffic
by providing physical and visual separation between the two; and
(c)
Shall provide an emergency bypass or exit, if such stacking
lane is curbed; and
(d)
Shall not impede or impair access into or out of parking spaces;
and
(e)
Shall not impede or impair pedestrian or vehicular traffic movement;
and
(f)
Shall not interfere with required loading and trash storage
areas; and
(g)
Shall not enter or exit directly into a public right-of-way.
 Figure 63 - Drive-Through Window Facility
|
A.
Floor area. All dwelling units shall conform to the occupancy limitations
prescribed in the Uniform Code. However, a dwelling unit shall not
be less than 800 square feet in net floor area. Exemption(s):
(1)
Accessory dwelling unit. An accessory dwelling unit is permitted
to have a minimum net floor area as prescribed in this chapter.
(2)
Caretaker quarters. A caretaker quarters is permitted to have a minimum
net floor area of 400 square feet.
(3)
Dwelling unit at an extended stay hotel. A dwelling unit at an extended
stay hotel is permitted to have a minimum net floor area of 400 square
feet.
B.
Foundation. All dwelling units shall be constructed or placed upon
and anchored to a foundation that complies with the applicable provisions
of the Uniform Code. In the event that a dwelling unit is a manufactured
home, it shall be installed and anchored pursuant to the manufacturer's
installation instructions and the applicable regulations of the Uniform
Code, and none of the undercarriage shall be visible from outside
the manufactured home.
C.
Farm worker housing unit.
(1)
Compliance with the Sanitary Code. A farm worker housing unit shall
comply with Part 15 of the Sanitary Code of NYS, as currently in effect
and as hereafter amended from time to time, if such state regulation
is applicable. Where, in any specific case, conflicts occur between
provisions of this chapter and such state law, the more restrictive
requirement shall govern.
(2)
NYS-certified agricultural district. Farm worker housing units shall
be permitted at farm operations located in an NYS-certified agricultural
district and shall be classified as an accessory use. Any farm worker
housing unit that has not been used for such purposes for three or
more years shall be removed from the lot of record.
D.
Manufactured home.
(1)
General. The provisions contained within this section are intended
to serve as supplemental requirements to the Uniform Code in order
to protect the public health, safety and the general welfare insofar
as they are affected by the installation of manufactured homes. The
regulations shall supplement and not replace the applicable provisions
established within the Uniform Code. Lastly, the more restrictive
provision shall apply where conflicts occur between provisions of
this section, the Uniform Code or and other applicable law.
(2)
Age. Except on the conditions specified herein, no certificate or
permit shall be issued for any manufactured home built more than five
years from the application date of such certificate or permit. However,
such period of time may be extended upon the submission of a written
report prepared and sealed by a registered design professional that
the manufactured home conforms to all of the following criteria:
(3)
Use. A manufactured home shall be used in accordance to the manufacturer's
design and specifications. For example, a manufactured home designed
in accordance with the Manufactured Home Construction and Safety Standards
(AKA, the "HUD Code"), as currently in effect and as hereafter amended
from time to time, is only permitted to be used as a single-unit dwelling.
E.
Mobile home. The new installation of a mobile home shall be prohibited
in the Town but existing mobile homes are allowed to remain but shall
be classified as a nonconforming use.
F.
Multiple-unit dwelling.
(1)
Access. Access to a multiple-unit dwelling shall only be taken from
a public road.
(2)
Compliance with the law. A multiple-unit dwelling shall comply with
the applicable provisions of the Energy Code, Multiple Residence Law
of NYS, Uniform Code and/or any other applicable law.
(3)
Number of dwelling units. A maximum of 10 dwelling units shall be
permitted at each multiple-unit dwelling.
A.
Agricultural manure storage facility.
(1)
Intent. The intent of this subsection is to:
(2)
Location. An agricultural manure storage facility is only permitted
at a farm operation located within an NYS-certified agricultural district.
(3)
Design. Upon receipt of an application for an agricultural manure
storage facility, the designated approval authority shall transmit
such application and its site plan to YCSWCD for its recommendations.
The owner shall comply with any recommendation of YCSWCD. Exemption(s):
(a)
The design of an agricultural manure storage facility that is
prepared and sealed by a registered design professional shall not
be required to be transmitted to YCSWCD.
(5)
Use classification. An agricultural manure storage facility shall
be classified as a customarily accessory use to a farm operation.
 Figure 64 - Agricultural Manure Storage Facility
|
B.
Commercial horse boarding and/or equine operation.
(1)
Access. Access to a commercial horse boarding and/or equine operation
shall only be taken from a public road.
(2)
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
(3)
Location. A commercial horse boarding and/or equine operation shall
be located within an NYS-certified agricultural district.
(4)
Minimum lot area. A commercial horse boarding and/or equine operation
shall be located on a lot of record that has a minimum lot area of
seven acres pursuant to § 301 of the Agriculture and Markets
Law of NYS, as currently in effect and as hereafter amended from time
to time.
 Figure 65 - Site Plan of a Commercial Horse Boarding and/or
Equine Operation
|
C.
Farm stand. Farm stands operated in conjunction with a farm operation
are permitted, provided that such use meets all of the following standards:
(1)
Access. Access to a farm stand shall only be taken from a public
road.
(2)
Safety. Safe ingress and egress from a farm stand shall be required,
including the provision of adequate pulloff areas and/or parking space
for at least one vehicle.
(3)
Setback. A farm stand shall be set back a minimum of 10 feet from
a road and its associated right-of-way.
D.
Farm waste energy system.
(1)
Intent. The intent of this subsection is to:
(2)
Location. A farm waste energy system is only permitted at a farm
operation located within an NYS-certified agricultural district.
(3)
NYS Real Property Tax Law exemption. The Town exercises its right
to opt out of the tax exemption provisions of § 487 of the
Real Property Tax Law of NYS, as currently in effect and as hereafter
amended from time to time.
(4)
Registered design professional. The design of a farm waste energy
system shall be prepared and sealed by a registered design professional.
Exemption(s):
(a)
The design of a farm waste energy system that has obtained approval
from the NYSDEC (e.g., solid waste and air pollution control permits)
shall not be required to prepared and sealed by a registered design
professional unless required otherwise by such state department. A
copy of applicable NYSDEC approval shall be submitted for the Town
to permit such exemption.
(6)
Use classification. A farm waste energy system shall be classified
as an accessory use to a farm operation.
 Figure 66 - Farm Waste Energy System
|
E.
Nursery. A nursery dealer or nursery grower shall be registered with
NYSDAM as prescribed by Article 14 of the Agriculture and Markets
Law of NYS, as currently in effect and as hereafter amended from time
to time.
This structure shall be regulated by the Fence Law of the Town,
as currently in effect and as hereafter amended from time to time.[1]
A.
Access. Access to a funeral establishment shall only be taken from
a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Compliance with the Sanitary Code. A funeral establishment shall
comply with § 77.7 of the Sanitary Code of NYS, as currently
in effect and as hereafter amended from time to time. Where, in any
specific case, conflicts occur between provisions of this chapter
and such state law, the more restrictive requirement shall govern.
A.
Intent. The Town recognizes the need to establish regulations pertaining
to home occupations as a result of increased opportunities and requirements
to work at home. Home occupations will particularly benefit individuals
with physical disabilities, as well as those having to care for children
or the elderly within their home. The Town also recognizes the potential
benefits to the local community that could be realized by those seeking
services or goods supplied through home occupations. For these reasons,
it is the intent of this section to establish regulations which will
permit home occupations in a manner which will preserve the peace,
quiet, and tranquility of the community and to ensure the compatibility
of such uses with other uses permitted within the same zoning district.
B.
Uses permitted as a home occupation. Home occupations shall include
but are not limited to the following uses:
(1)
Artists and sculptors.
(2)
Cabinet and furniture making as well as other types of fine woodworking.
(3)
Computer programming and support.
(4)
Contracting, masonry, plumbing or painting, or other contracting
services. However, the storage of equipment and materials at the exterior
property areas (i.e., not in an enclosed structure) is not permitted.
(5)
Clothing, repair and sales.
(6)
Direct sale product distribution (Amway, Avon, Jaffra, Mary Kay,
Tupperware, etc.), provided there is no production on the premises.
(7)
Drafting and graphic services.
(8)
Dressmaking, sewing, tailoring and contract sewing.
(9)
Flower arranging.
(10)
Gunsmith, who shall be licensed by the ATF. A copy of such license
shall be submitted to the Town to document compliance with this subsection.
(11)
Hair cutting and styling.
(12)
Home cooking and preserving.
(13)
Homebound employment of an emotionally, mentally and/or physically
handicapped person who is unable to work away from home by reason
of his or her disability.
(14)
Home crafts, including ceramics with kiln up to six cubic feet,
jewelry making, basketry, etc.
(15)
Household items, repair and sales.
(16)
Locksmith.
(17)
Maintenance and repair of equipment, engines, tools and/or vehicles
not requiring registration with NYS.
(18)
Music composing or instruction.
(19)
Pet grooming.
(20)
Professional office (e.g., attorney at law, dentist, doctor,
financial consultant, insurance agent, real estate agent, registered
design professional, etc.).
(21)
Quilting.
(22)
Saw, scissors, and blade sharpening.
(23)
Tailoring.
(24)
Television, radio, electronics, and appliance repair.
(25)
Tradesman's shop (e.g., carpentry shop, machine shop, welding
shop, etc.).
(26)
Tutoring, provided that instruction is not given to more than
four students at a time, except for occasional groups.
(27)
Watch repair.
(28)
Other similar uses which have been determined, in the opinion
of the Code Enforcement Officer, to meet the intent of this section
but shall not be a use prohibited as a home occupation as prescribed
herein.
C.
Uses prohibited as a home occupation. The following uses by the nature
of the investment or operation have a pronounced tendency once started
to rapidly increase beyond the limits permitted for home occupations
and thereby impair the use and values of the dwelling and are more
suited to a commercial or industrial use defined by this chapter.
Therefore, the following uses shall be prohibited as a home occupation:
(1)
Ambulance service.
(2)
Cannabis retail dispensary.
(3)
Cultural and/or fraternal activity.
(4)
Funeral establishment, hearse service.
(5)
Junkyards.
(6)
Kennels.
(7)
Laundromats and dry cleaning.
(8)
Limousine or taxi services that exceed more than one vehicle.
(9)
Maintenance and repair of equipment, engines, tools and/or vehicles
requiring registration with NYS.
(10)
Medical marijuana dispensary.
(11)
Place of worship.
(12)
Tow truck services.
(13)
Tractor trailer operations or parking.
(14)
Uses intended for food and/or drink consumption (e.g., bars,
night clubs, restaurants, taverns, etc.).
(15)
Veterinary facility.
(16)
Other similar uses which may, in the opinion of the Code Enforcement
Officer, result in a significant adverse impact to the residential
use of the subject lot of record or the community.
D.
Standards. A home occupation shall comply with the following standards:
(1)
Access to a home occupation shall only be taken from a public road.
(2)
A home occupation shall be conducted in whole or in part in a single-unit
dwelling or an accessory structure that is incidental and subordinate
to such dwelling.
(3)
No exterior evidence of the presence of a home occupation shall be
permitted except as permitted in this section; nor shall the presence
of such incidental and subordinate use change the exterior character
of the single-unit dwelling.
(4)
The owner shall have his/her/their permanent place of abode at the
subject lot of record in accordance with the records of the Town Assessor
and shall be the owner/operator of the home occupation.
(5)
Only members of the family residing in the same single-unit dwelling
and not more than one other employee shall be employed in the operation
of a home occupation.
(6)
Not more than one home occupation shall be permitted at a lot of
record.
(7)
A home occupation located within a single-unit dwelling shall not
exceed 50% of the gross floor area of such dwelling. However, a home
occupation located in an accessory structure is permitted to occupy
the entire structure, but shall comply with the applicable provisions
of this chapter and any other applicable law.
(8)
Inventory and supplies shall not occupy more than 50% of the gross
floor area permitted for a home occupation.
(9)
No traffic shall be generated in substantially greater volumes than
would normally be expected from a single-unit dwelling (i.e., a maximum
of 10 vehicle trips per day per ITE Trip Generation, 10th edition).
(10)
A home occupation shall not involve a high hazard (Group H)
occupancy as defined by the Uniform Code.
(11)
Adequate provisions shall be made for water, wastewater and
the disposal of solid waste, in accordance with any applicable law.
(12)
In no case shall a home occupation be open to the public at
times earlier than 7:00 a.m. nor later than 7:00 p.m.
(13)
A home occupation shall be permitted to have one sign that conforms
to the following:
A.
Access. Access to a hospice shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Compliance with Public Health Law. A hospice shall comply with Article
40 of the Public Health Law of NYS, as currently in effect and as
hereafter amended from time to time. Where, in any specific case,
conflicts occur between provisions of this chapter and such state
law, the more restrictive requirement shall govern.
A.
Access. Access to a hotel shall only be taken from a public road.
B.
Accessory uses. Accessory uses associated with a hotel, which are
but shall not be limited to a restaurant, cafeteria, swimming pool
and health facility, newsstand, pharmacy, barbershop, hairdresser,
gift shop and other personal service shops for the convenience of
guests, shall be classified as an customarily accessory use and shall
be permitted.
C.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
D.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit or on the lot of
record as a detached single-unit dwelling.
E.
Compliance with the Sanitary Code. A hotel shall comply with Part
7, specifically Subpart 7-1, of the Sanitary Code of NYS, as currently
in effect and as hereafter amended from time to time. Where, in any
specific case, conflicts occur between provisions of this chapter
and such state law, the more restrictive requirement shall govern.
F.
Minimum lot area. A hotel shall be located on a lot of record with
a lot area of five acres or more.
This use shall conform to the standards for a hotel as well
as the following additional standards:
A.
Cooking facilities. Each unit having cooking facilities shall be
required to install electrical cooking devices that are equipped with
a maximum sixty-minute automatic power off-timer.
B.
Maximum stay for individual guest. No individual guests shall register,
reside in, or occupy any dwelling unit within an extended stay hotel
for more than a ninety-day period.
A.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
A.
COMMERCIAL KENNEL
DOG
EXEMPT KENNEL
NONCOMMERCIAL KENNEL
Specific definitions. The following terms are specific to the use
regulated by this section:
This term shall bear the same meaning as "commercial kennel"
that is defined in the Animals Law of the Town of Milo, as currently
in effect and as hereafter amended from time to time.[1]
This term shall bear the same meaning as "dog" that is defined
in the Animals Law of the Town of Milo, as currently in effect and
as hereafter amended from time to time.[2]
This term shall bear the same meaning as "exempt kennel"
that is defined in the Animals Law of the Town of Milo, as currently
in effect and as hereafter amended from time to time.[3]
This term shall bear the same meaning as "noncommercial kennel"
that is defined in the Animals Law of the Town of Milo, as currently
in effect and as hereafter amended from time to time.[4]
C.
Other laws. This use shall comply with the applicable provisions
of the following state and federal laws:
(1)
Article 7 of the Agriculture and Markets Law of NYS, Licensing, Identification
and Control of Dogs, as currently in effect and as hereafter amended
from time to time.
(2)
Article 26 of the Agriculture and Markets Law of NYS, Animals, as
currently in effect and as hereafter amended from time to time.
(3)
Article 26-A of the Agriculture and Markets Law of NYS, Care of Animals
by Pet Dealers, as currently in effect and as hereafter amended from
time to time.
(4)
Article 35-D of the General Business Law of NYS, Sale of Dogs and
Cats, as currently in effect and as hereafter amended from time to
time.
(5)
Title 1 NYCRR Part 65, Importation of Dogs and Cats, as currently
in effect and as hereafter amended from time to time.
D.
Minimum lot area.
(1)
Commercial kennel. The minimum lot size for a commercial kennel shall
be as follows:
(a)
Five to 10 dogs, each of which complies with the criteria prescribed
in the definition of a "commercial kennel," shall have a minimum lot
size of two acres.
(b)
Eleven to 20 dogs, each of which complies with the criteria
prescribed in the definition of a "commercial kennel," shall have
a minimum lot size of three acres.
(c)
For each additional one acre beyond three acres, an additional
10 dogs, each of which complies with the criteria prescribed in the
definition of a "commercial kennel," is permitted.
(d)
The minimum lot size requirements set forth herein shall be
waived if the number of dogs, each of which complies with the criteria
prescribed in the definition of a "commercial kennel," at a commercial
kennel is deemed acceptable by NYSDAM, USDA or a veterinarian.
(2)
Exempt kennel. The minimum lot size for an exempt kennel shall comply
with the minimum lot size for an essential government service (e.g.,
municipal animal shelter) or veterinary facility as prescribed by
this chapter.
(3)
Noncommercial kennel. The minimum lot size for a noncommercial kennel
shall comply with the minimum lot size for the applicable zoning district
as prescribed by this chapter.
E.
Hours of confinement. All dogs shall be confined in a fully enclosed
shelter between the hours of 9:00 p.m. and 7:00 a.m.
G.
Standard of care.
(1)
State- or federal-licensed kennels. A kennel that is licensed by
NYSDAM and/or the USDA shall comply with the minimum standards of
care prescribed by such state and/or federal departments.
(2)
Other kennels. A kennel that is not required to be licensed by NYSDAM
and/or the USDA shall comply with the minimum standards of care prescribed
within § 401 of the Agriculture and Markets Law of NYS regardless
of whether such kennel is classified as a pet dealer as defined in
§ 400 of the Agriculture and Markets Law of NYS, as currently
in effect and as hereafter amended from time to time.
(3)
Veterinary care. All veterinary care shall be provided in accordance
with Article 135 of the Education Law of NYS, as currently in effect
and as hereafter amended from time to time, and the "Practice Guidelines
for Veterinary Medicine and Veterinary Technology in NYS," which such
guidelines were developed and approved by the NYS Board for Veterinary
Medicine and the NYSED.
H.
Complaints.
(1)
State- or federal-licensed kennels. Complaints of cruelty, abuse,
or neglect of dogs at a kennel that is required to be licensed by
NYSDAM and/or the USDA shall be investigated by such state and/or
federal department.
(2)
Other kennels. Complaints of cruelty, abuse, or neglect of dogs at
a kennel that is not required to be licensed by NYSDAM and/or the
USDA shall be investigated by any police officer having jurisdiction
in the Town or an agent or officer of the American Society for the
Prevention of Cruelty to Animals or any duly incorporated society
for the prevention of cruelty to animals, which such authority is
prescribed in § 373 of the Agriculture and Markets Law of
NYS, as currently in effect and as hereafter amended from time to
time.
I.
Assistance from a veterinarian. The Code Enforcement Officer and/or
designated approval authority shall have the authority to obtain the
assistance from a veterinarian as may be deemed necessary and appropriate
under the circumstances. The owner shall pay any expense incurred
by the Town as it pertains to such assistance.
 Figure 67 - Kennel
|
A.
Access. Access to an industrial use, whether heavy or light, shall
only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Food processing establishment and commissary.
(1)
Access. Access to a food processing establishment and commissary
shall only be taken from a public road.
(2)
Use classification. A food processing establishment and commissary
shall be classified as a light industrial use for the purposes of
this chapter.
(3)
Caretaker quarters. A caretaker quarters may be provided within the
food processing establishment and commissary as an accessory dwelling
unit, or on the lot of record as a detached single-unit dwelling.
(4)
Compliance with the Sanitary Code. A food processing establishment
and commissary shall comply with Part 14 of the Sanitary Code of NYS,
as currently in effect and as hereafter amended from time to time.
Where, in any specific case, conflicts occur between provisions of
this chapter and such state law, the more restrictive requirement
shall govern.
D.
High volume water withdrawal system.
(1)
Compliance with 6 NYCRR Part 601. A high volume water withdrawal
system shall comply with 6 NYCRR Part 601, Water Withdrawal Permitting,
Reporting and Registration, as currently in effect and as hereafter
amended from time to time.
(2)
Use classification. A high volume water withdrawal system shall be
classified as a heavy industrial use for the purposes of this chapter.
(3)
Town Engineer. An application for a high volume water withdrawal
system shall be reviewed by the Town Engineer prior to any determination
by the designated approval authority.
E.
Mining.
(1)
Intent. These standards shall apply to any new mining activities
in the Town that are not subject to the jurisdiction of Article 15
of the Environmental Conservation Law of NYS or to the Public Lands
Law of NYS, as currently in effect and as hereafter amended from time
to time.
(2)
Use classification. Mining shall be classified as a heavy industrial
use for the purposes of this chapter.
(3)
Town Engineer. An application for any new mining activities in the
Town shall be reviewed by the Town Engineer prior to any determination
by the designated approval authority.
(4)
Application. In addition to the application requirements for a special
use permit as prescribed by this chapter, the owner shall submit all
of the following additional information:
(a)
A survey, which shall be prepared and sealed by a land surveyor,
of the entire site on which the mining activity is proposed showing
topography, the locations of all streams, wetlands and other bodies
of water and existing vegetation.
(b)
A site plan, which shall be prepared and sealed by a registered
design professional, showing the lands to be mined, all proposed buildings
or structures, equipment, parking or storage areas, access roadways
and all required buffer areas and visual barriers.
(c)
A mined land use plan that is in compliance with § 23-2713
of the Environmental Conservation Law of NYS, as currently in effect
and as hereafter amended from time to time. If the proposed mining
activities are not applicable to such law, the provisions of this
section of state law shall still be satisfied but the designated approval
authority shall be substituted for the term "department."
(d)
Information shall be prepared and sealed by a registered design
professional as it pertains to the width, bearing capacity and type
of road surface of all Town roads proposed to be used by truck traffic
to or from the site and the nearest county or state highway, and the
weight of the vehicles using the facility.
(e)
Any other information deemed reasonable and necessary by the
designated approval authority.
(5)
Standards.
(a)
Access.
[1]
Vehicular access shall be so arranged as to minimize danger
and congestion along adjoining roads and to avoid the creation of
nuisances to nearby lands. Access drives used by trucks shall only
intersect with a county- or NYS-designated road.
[2]
All vehicular access shall be designed and located so as to
permit the following minimum sight distances measured from a point
at least 10 feet behind the curbline or edge of the right-of-way of
an intersecting public road. No sight obstructions shall be permitted
which are greater than three feet or less than 10 feet above the road's
surface.
|
Table 3 — Sight Distances
| |
|---|---|
|
Speed Limitation on Public Road
(mph)
|
Required Sight Distance
(feet)
|
|
25
|
250
|
|
30
|
275
|
|
35
|
315
|
|
40
|
350
|
|
45
|
426
|
|
50
|
475
|
|
55
|
550
|
[3]
The design of all vehicular access shall be prepared and sealed
by a registered design professional and such design shall comply with
the applicable requirements for a fire apparatus access road prescribed
in the Uniform Code.
[4]
In general, vehicular access shall intersect public roads at
90° as site conditions permit, however in no case shall access
drives intersect public roads at less than 70°. Such angle shall
be measured from the center line of the public road to the center
line of the access drive.
(b)
Fencing. In order to protect life and safety, a fence measuring
at least six feet in height shall enclose all mining activities. If
a chain-link fence is used, such fence shall include a vegetative
screen that is provided along the outside of the fence.
(c)
Financial security for reclamation. The owner shall provide
evidence that the financial security for reclamation as prescribed
by § 23-2715 of the Environmental Conservation Law of NYS,
as currently in effect and as hereafter amended from time to time,
has been provided. If the proposed mining activities are not applicable
to such law, the provisions of this section of state law shall still
be satisfied but the designated approval authority shall be substituted
for the term "department." Lastly, the designated approval authority
shall determine the amount, condition, and terms of the financial
security based on the written recommendations of the Town Attorney
and Town Engineer.
(d)
Minimum lot area. A lot of record containing a mining activity
shall have a minimum lot area of 25 acres.
(e)
Screening. Where a lot of record containing a mining activity
is contiguous to a boundary of a zoning district, a lot of record
containing an existing residential use and/or a public road, screening
shall be provided that is comprised of an earthen berm at least 10
feet in height. Such berm shall be located on the lot of record containing
the mining activity and placed so as to maximize the berm's ability
to absorb and/or block views of and/or noise, dust, smoke, etc., generated
by the mining activities. The berm shall also be completely covered
and maintained with an approved vegetative ground cover. In addition,
a landscape screen shall also be provided atop of such berm. The landscape
screen shall consist of evergreen shrubs and trees arranged to form
both a low-level and a high-level screen within a strip of land with
a minimum width of 10 feet. The high-level screen shall consist of
evergreen trees of not less than five feet in height at the time of
planting that shall be planted at intervals of not more than 10 feet.
The low-level screen shall consist of evergreen shrubs of not less
than three feet in height at the time of planting that shall be planted
at intervals of not more than five feet. The landscape screen shall
be permanently maintained.
(f)
Setbacks.
[1]
Any excavation or quarry wall, and any equipment used for rock,
gravel, soil or mineral crushing or other processing, shall be located
a minimum of 250 feet from a contiguous lot of record or public road,
which the later shall include its right-of-way.
[2]
No internal roadways (AKA "private roads") within the lot of
record shall be closer than 200 feet from contiguous lot of record.
[3]
No buildings or structures, equipment, parking spaces or storage
areas shall be closer than 100 feet from a contiguous lot of record
or public road, which the later shall include its right-of-way.
[4]
No mining activities, buildings, structures, parking areas,
equipment or production storage areas shall be located within 100
feet from a stream or any wetland as defined by local, state or federal
law.
(g)
Traffic impact. The owner proposing a mining activity at a lot
of record shall submit a traffic impact study prepared and sealed
by a registered design professional. Furthermore, such owner shall
comply with the applicable provisions of the Highways and Private
Roads Law of the Town, as currently in effect and as hereafter amended
from time to time,[1] which may require such owner to submit additional information
in order to obtain a highway preservation use and repair permit. Lastly,
the owner shall submit evidence that approval has been obtained from
the AHJ (e.g., Highway Superintendent of the County, NYSDOT, etc.)
as it pertains to the use of other public roads for the mining activity.
F.
Underground gas storage facility.
(1)
Use classification. An underground gas storage facility shall be
classified as a heavy industrial use for the purposes of this chapter.
(2)
Town Engineer. An application for an underground gas storage facility
shall be reviewed by the Town Engineer prior to any determination
by the designated approval authority.
(3)
NYSDEC. Approvals such as but not limited to a well permit and underground
storage permit are required to be issued by the NYSDEC prior to the
commencement of operations and/or work for an underground gas storage
facility. A copy of such approvals shall be submitted to the Town.
G.
Prohibited industrial uses. The following industrial uses are prohibited
in the Town:
(1)
Acetylene gas manufacture for commercial purposes.
(2)
Ammonia, chlorine and/or bleaching powder manufacture.
(3)
Arsenal.
(4)
Asphalt manufacture and/or refining.
(5)
Blast furnace, not including cupola and/or converter furnaces used
in foundries and/or inverter furnaces used in foundries and in which
no wood is used as fuel.
(6)
Boiler shops, structural steel fabricating shops, metalworking shops,
which operate reciprocating hammers and/or chisels and/or other noise-producing
electric and/or pneumatic tools within 100 feet of any contiguous
lot of record and outside of any masonry buildings.
(7)
Bronze and/or aluminum powder manufacture.
(8)
Carbon, lampblack, shoe blacking, graphite and/or stove polish manufacture.
(9)
Celluloid and/or other cellulose products manufacture.
(10)
Coal tar products manufacture.
(11)
Creosote treatment and/or manufacture.
(12)
Disinfectant and/or insecticide manufacture.
(13)
Disposal, storage and/or treatment of natural gas and/or petroleum
exploration, extraction and/or production materials by high volume
hydraulic fracturing.
(14)
Disposal, storage and/or treatment of natural gas and/or petroleum
exploration, extraction and production wastes by hydraulic fracturing.
(15)
Disposal of radioactive material.
(16)
Distillation of coal, wood and/or bones.
(17)
Excelsior and/or fiber manufacture.
(18)
Exploration for or extraction of natural gas and/or petroleum
by high volume hydraulic fracturing.
(19)
Explosives, fireworks and/or match manufacture, assembling or
storage in bulk, except the manufacture, assembling and/or storage
in bulk of safety matches in book form.
(20)
Fat rendering.
(21)
Fertilizer manufacture and/or potash refining.
(22)
Glue and/or gelatin manufacturing and/or processing involving
recovering from fish and/or animal offal.
(23)
Incinerator, unless operated by the Town.
(24)
Lime, gypsum, cement, plaster and/or plaster of paris manufacture,
except the mixing of plaster.
(25)
Linoleum and/or oil cloth manufacture.
(26)
Natural gas and/or petroleum support activities for high volume
hydraulic fracturing.
(27)
Natural gas and/or petroleum wastes dump.
(28)
Ore reduction and/or the smelting of iron, copper, tin, zinc
and/or lead.
(29)
Paint, oil varnish, turpentine, shellac and/or enamel manufacture,
except the mixing of wet paints.
(30)
Perfume and/or extract manufacture.
(31)
Petroleum refining.
(32)
Poisons manufacture, fumigates, carbon disulphide, hydrocyanic
acid, ethyl, stomach poisons, arsenate of lead, arsenate of calcium,
hellebore and/or paris green, contact insecticides, lime, sulfur,
nicotine and/or kerosene emulsions.
(33)
Printing ink manufacture.
(34)
Radium extraction.
(35)
Solid waste management facility.
(36)
Storage, coloring, curing, dressing and/or tanning of raw, green
salted hides and/or skins.
(37)
Rubber caoutchouc and/or gutta percha manufacture from crude
and/or scrap material, except in connection with a rubber products
manufacture plant.
(38)
Soap, soda ash and/or washing compound manufacture, except products
not containing caustic soda.
(39)
Starch, glucose and/or dextrine manufacture.
(40)
Sulfurous, sulfuric, nitric, picric and/or hydrochloric acid
and/or other corrosive and/or offensive acid manufacture and/or their
use and/or storage, except on a limited scale as accessory to a permitted
industry.
(41)
Tallow, grease, lard and/or candle manufacture and/or refining.
(42)
Tar distillation and/or the manufacture of aniline dyes.
(43)
Tar roofing and/or waterproofing manufacture, except where the
tar and/or asphalt is treated at a temperature under 100° F.
(44)
Wool pulling and/or scouring, except in connection with a woolen
mill.
(45)
Yeast manufacture.
A.
MANUFACTURED HOUSING COMMUNITY SITE
OPEN SPACE
SERVICE BUILDING
Specific definitions. The following terms are specific to the use
regulated by this section:
A designated parcel of land in a manufactured housing community
designed for accommodating one manufactured home, its accessory structures
and accessory equipment for the exclusive use of the occupants of
the manufactured home.
Any area of land and/or water within a manufactured housing
community, not individually owned or publicly dedicated, that is designed
and intended for the common use or enjoyment of such community's
occupants and their guests and may include recreational improvements
as are necessary and appropriate. A maintenance and ownership agreement
shall be prepared, approved by the Town Attorney and recorded at the
Office of the County Clerk for all proposed open space. The Town shall
not be held responsible for any ownership or maintenance of any proposed
open space.
A structure built to accommodate services for the occupants
of the manufactured housing community, such as but not limited to
the management office, indoor recreational facilities (e.g., gym,
indoor swimming pool, etc.) and light commercial uses supplying essential
goods or services (e.g., convenience store, ice cream parlor, laundry
facilities, etc.). Such services may be open to the public but the
structure accommodating such service shall be located so it is adjacent
to a public road, separated from a manufactured housing community
side by 25 feet and shall provide the minimum number of parking spaces
required for such use as prescribed by this chapter.
B.
Compliance with the Sanitary Code. A manufactured housing community
shall comply with Part 17 of the Sanitary Code of NYS, as currently
in effect and as hereafter amended from time to time, regardless of
its applicability. Where, in any specific case, conflicts occur between
provisions of this chapter and such state law, the more restrictive
requirement shall govern.
C.
Existing manufactured housing community.
(1)
Classification as a nonconforming use. An existing manufactured housing
community that does not meet the standards set forth in this section
shall be classified as a nonconforming use.
(2)
Modifications at an existing manufactured housing community. Any
modifications to an existing manufactured housing community that causes
a nonconforming element to become more conforming to an applicable
provision of this chapter shall be permitted as a right.
(3)
Replacement of a manufactured home. An existing manufactured home
located at an existing manufactured housing community is permitted
to be replaced without requiring nonconforming elements of such community
to be rectified nor a variance approved by the designated approval
authority.
D.
Standards.
(1)
Access. Access to a manufactured housing community shall only be
taken from a public road.
(2)
Buffer. A buffer shall be installed at the perimeter of a lot of
record containing a manufactured housing community.
(3)
Interior roads. An interior road located within a manufactured housing
community shall be classified as a private road and shall be designed,
constructed and maintained pursuant to law.
(4)
Landscaping. A landscaping plan, which includes sizes and types of
vegetation, shall be submitted for review and approval. This plan
shall include a buffer located adjacent to all contiguous lots of
record. No recreational activities, parking and/or structures shall
be allowed in this buffer.
(5)
Manufactured housing community.
(a)
A manufactured housing community shall be located on a lot of
record with a lot area of 20 acres or more.
(b)
A manufactured housing community shall be located on a well-drained
site and shall be designed and maintained as not to create a public
health hazard or nuisance, and shall meet all applicable provisions
of law.
(c)
Any building, manufactured home and/or structure shall be set
back a minimum distance of 25 feet from any of the lot lines of a
lot of record whose principal use is a manufactured housing community.
(d)
All utilities shall be located underground.
 Figure 68 - Site Plan of a Manufactured Housing Community
|
(6)
Manufactured housing community site.
(a)
A manufactured home community site shall have a driveway that
will ensure safe and easy access under normal use and weather conditions.
(b)
A manufactured home installed at a manufactured housing community
site shall be set back a minimum of 10 feet from an abutting edge
of a right-of-way of an interior road.
(c)
A manufactured home installed at a manufactured housing community
site shall be set back a minimum of 10 feet from such site's
side lines.
(d)
A manufactured home installed at a manufactured housing community
site shall be set back a minimum of 10 feet from such site's
rear line.
(e)
A maximum of one private garage, which shall be less than 144
gross square feet, may be erected on a manufactured housing community
site.
(f)
The outdoor storage of marine and/or recreation vehicles shall
not be permitted on a manufactured housing community site.
 Figure 69 - Manufactured Housing Community Site
|
(7)
Open space. A lot of record whose principal use is a manufactured
housing community shall dedicate a minimum of 10% of the lot area
to open space, which such space shall comply with the following minimum
standards:
(a)
For the purpose of calculation of the open space, such space
shall be separate and distinct from required buffers, setbacks and
yards. Open space may also include wetlands and their buffers, other
critical environmental areas, and stormwater facilities.
(b)
All open space shall include any two or more facilities for
active and/or passive recreation from the lists below.
[1]
Active recreation facilities.
[a]
Children's play equipment, such as slides,
swings, and play structures.
[b]
A paved hard court for activities such as basketball,
tennis, pickleball, etc.
[c]
A flat, open lawn area that may serve as a ball
field for active play.
[d]
Golf orientated facility.
[e]
Swimming pool.
[f]
Other type of active recreation facility approved
by the designated approval authority.
[2]
Passive recreation facilities.
[a]
Facilities for walking, such as trails, benches,
etc.
[b]
Picnicking facilities, such as picnic tables, shelters,
etc.
[c]
Year-round water features, such as a fountain,
pond, stream, etc.
[d]
Other types of passive recreation facility approved
by the designated approval authority.
 Figure 70 - Recreational Facilities at a Manufactured Housing
Community
|
(c)
The open space shall have access for residents of the manufactured
housing community and shall be consolidated to provide maximum access,
visibility, usability, minimization of impacts to residential uses,
and ease of maintenance. The requirement that the open space be consolidated
may be waived by the designated approval authority upon a finding
that the residents of the manufactured housing community would receive
a greater benefit if the required open space were provided in another
configuration due to the unique topographic conditions or fish and
wildlife habitat values of the lot of record.
(8)
Outdoor storage of marine and/or recreational vehicles. A manufactured
housing community may include a designated area for the parking of
marine and/or recreation vehicles, which may not be considered as
part of the open space requirement of this section. Furthermore, such
designated area shall be set back a minimum of 50 feet from any manufactured
home as well as any lot line of the lot of record whose principal
use is a manufactured housing community. Lastly, such storage shall
be executed in a safe manner and shall not obstruct any means of egress
or road.
(9)
Service buildings.
(a)
A service building shall be a permanent structure that is constructed
in accordance to the applicable provisions of the Uniform Code.
(b)
A service building provided within the manufactured housing
community shall be set back from a manufactured home by 10 feet.
 Figure 71 - Service Building (i.e., Laundry Facility) at a Manufactured
Housing Community
|
A.
Access. Access to a marina shall only be taken from a public road.
B.
Accessory uses. Accessory uses associated with a marina, which are
but shall not be limited to fueling, repairs and maintenance, hauling
and indoor storage, retail sales, and yacht club facilities, including
restaurant or lounge, shall be classified as a customarily accessory
use and shall be permitted.
C.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
D.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit or on the lot of
record as a detached single-unit dwelling.
E.
Marine vessels prohibited as permanent living quarters. Marine vessels
shall not be utilized as permanent living accommodations. Such vessels
may be utilized for temporary sleeping or living accommodations, provided
that an adequate shoreline pump-out installation is provided and is
approved by the AHJ.
F.
Outdoor storage of boats and/or boat trailers may be permitted at
a marina by the means of a special use permit if the following additional
determination criteria are satisfied:
G.
Rear yard. An accessory and/or principal building at a marina is
permitted to have a rear yard that is contiguous to Keuka Lake or
Seneca Lake of zero feet.
 Figure 72 - Site Plan of a Marina
|
A.
Compliance with the law. No person or entity shall produce, grow,
or sell medical marijuana or hold itself out as an NYS-licensed organization
unless it has complied with Article 33 of the Public Health Law of
NYS, as currently in effect and as hereafter amended from time to
time, and/or any other applicable law.
B.
Approved products. A medical marijuana dispensary shall only dispense
approved medical marijuana products in accordance with Article 33
of the Public Health Law of NYS, as currently in effect and as hereafter
amended from time to time, and/or any other applicable law.
C.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
D.
Building requirements.
(1)
A medical marijuana dispensary shall operate within a permanently
constructed, fixed structure. It is prohibited to operate from a vehicle
or within a nonpermanent structure.
(2)
A medical marijuana dispensary shall have its means of egress
independent from any other use and shall directly discharge to a public
way. For the purposes of this section, "means of egress" and "public
way" are defined by the Uniform Code.
(3)
A medical marijuana dispensary shall only dispense approved
medical marijuana products in an indoor, enclosed, secure facility.
(4)
A medical marijuana dispensary shall have a security system
to prevent and detect diversion, theft, or loss of marijuana and/or
medical marijuana products, using commercial grade equipment.
E.
Licenses and/or permits. A medical marijuana dispensary shall submit
evidence that all necessary licenses and/or permits have been obtained
from NYS and all other AHJs to the Town. Said licenses and/or permits
shall be posted in a conspicuous place, near the main exit or exit
access doorway.
F.
Location restriction(s).
(1)
A medical marijuana dispensary shall not be located and/or operated
within 500 feet of:
(a)
A place of worship; or
(b)
A building containing a child day-care establishment; or
(c)
A building containing a school; or
(d)
A park; or
(e)
A building containing a residential use and/or Residential Group
R use and occupancy as defined by the New York State Uniform Fire
Prevention and Building Code; or
(f)
A structure or facility providing, whether wholly or partially,
an essential public service; or
(g)
A building containing licensed premises as defined by § 3
of the Alcoholic Beverage Control Law of the State of New York, as
currently in effect and as hereafter amended from time to time; or
(h)
A building containing another medical marijuana dispensary;
(i)
A correctional facility.
(2)
For the purpose of this subsection, measurement shall be made
in a straight line, without regard to the intervening structures or
objects, from the nearest portion of the building or structure used
as the part of the premises where a medical marijuana dispensary is
conducted to the nearest portion of the building or structure of a
restricted location listed herein. Presence of a Town, village or
other political subdivision boundary shall be irrelevant for purposes
of calculating and applying these distance requirements.
G.
Prohibited action(s). A medical marijuana dispensary shall not dispense
approved medical marijuana products from the same location where the
marijuana is grown or manufactured.
A.
Compliance with the law. A midwifery birth center shall comply with
the 10 NYCRR, Chapter V, Subchapter C, Part 795, as currently in effect
and as hereafter amended from time to time, and any other applicable
law. Where, in any specific case, conflicts occur between the provisions
of this chapter and such state law, the more restrictive requirement
shall govern.
B.
Accreditation of a midwifery birth center; approval to operate.
C.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
A.
Access. Access to a motel shall only be taken from a public road.
B.
Accessory uses. Accessory uses associated with a motel, which are
but shall not be limited to a restaurant, cafeteria, swimming pool
and health facility, newsstand, pharmacy, barbershop, hairdresser,
gift shop and other personal service shops for the convenience of
guests, shall be classified as an customarily accessory use and shall
be permitted.
C.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
D.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
E.
Compliance with the Sanitary Code. A hotel shall comply with Part
7, specifically Subpart 7-1, of the Sanitary Code of NYS, as currently
in effect and as hereafter amended from time to time. Where, in any
specific case, conflicts occur between provisions of this chapter
and such state law, the more restrictive requirement shall govern.
F.
Minimum lot area. A motel shall be located on a lot of record with
a lot area of five acres or more.
A.
Access. Access to a museum shall only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
A.
Access. Access to a retail nursery shall only be taken from a public
road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Registration. A nursery dealer or nursery grower shall be registered
with NYSDAM as prescribed by Article 14 of the Agriculture and Markets
Law of NYS, as currently in effect and as hereafter amended from time
to time.
E.
Setbacks. The following setbacks are required in addition to those
of the zoning district:
(1)
Any and all mechanized firewood equipment not located within an enclosed
structure shall be located a minimum of 100 feet from any contiguous
lot of record.
(2)
Outdoor storage of nursery materials and/or products as well as nursery
display areas shall meet all the setback requirements applicable to
accessory structures.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Conjunction with permitted commercial use. Outdoor retail sales shall
only be allowed in conjunction with a principal building whose use
is commercial, whether heavy or light in nature.
D.
Pedestrian and/or vehicle traffic. Outdoor retail sales shall not
encroach upon any driveway, means of egress and/or required loading
or parking space. In addition, outdoor retail sales shall not obstruct
sight distances or otherwise create hazards for pedestrian and/or
vehicle traffic.
E.
Outdoor retail sales of machinery and/or vehicles.
A.
Access. Access to an outdoor sportsperson club shall only be taken
from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Indoor recreational facilities. Any type of indoor recreational facility
shall be designed that it absorbs or dissipates noise from the firing
of weapons and/or any mechanical equipment.
E.
Minimum lot area. An outdoor sportsperson club shall be located on
a lot of record with a lot area of 60 acres or more.
F.
Outdoor recreational facilities. Any type of outdoor recreational
facility shall be set back a minimum of 100 feet from any lot line.
G.
Pro shop. A pro shop, which sells and services outdoor sportsperson's
equipment and merchandise, is permitted as an accessory use at an
outdoor sportsperson club.
(1)
ATF. Any use engaged in the sales and service of firearms shall obtain
the applicable license issued by the ATF. A copy of such license shall
be submitted to the Town to document compliance with this subsection.
H.
Shooting range facilities. The planning, design, construction and
maintenance of shooting range facilities shall comply with the NRA
Range Source Book.
A.
Compliance with the 6 NYCRR Part 247. An outdoor wood boiler shall
comply with 6 NYCRR Part 247, Outdoor Wood Boilers, as currently in
effect and as hereafter amended from time to time.
A.
Access. Access to a place of worship shall only be taken from a public
road.
B.
Accessory uses. Accessory uses associated with a place of worship,
which are but shall not limited to convents, meeting halls, monasteries,
parish houses, parsonages, rectories and/or seminaries shall be classified
as an customarily accessory use and shall be permitted.
C.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
A.
Findings. The Town hereby finds and determines that:
(1)
When coordinated with the Comprehensive Plan, a planned unit development
can be an effective tool for guiding development in ways that support
community goals and priorities.
(2)
Planned unit development provides a means by which different land
uses within an area covered by a single development plan may be combined
to achieve compatibility among such uses. Unattainable with traditional
zoning techniques, planned unit development provides flexibility in
the regulation of land use development in order to:
(a)
Encourage innovation in land use variety and design, in the
layout and type of new structures and in their integration with existing
structures;
(b)
Enhance efficiency in the use of land, natural resources, energy,
community services and utilities;
(c)
Encourage open space preservation and protection of natural
resources, historic sites and structures;
(d)
Facilitate the provision of housing and improved residential
environments; and
(e)
Enhance the ability of the Town to promote business and employment
opportunities.
B.
OPEN SPACE
Specific definitions. The following terms are specific to the use
regulated by this section:
Any area of land and/or water within a planned unit development,
not individually owned or publicly dedicated, that is designed and
intended for the common use or enjoyment of such development's
occupants and their guests and may include recreational improvements
as are necessary and appropriate. A maintenance and ownership agreement
shall be prepared, approved by the Town Attorney and recorded at the
office of the County Clerk for all proposed open space areas. The
Town shall not be held responsible for any ownership or maintenance
of any proposed open space.
C.
Eligibility criteria. To be eligible for approval of a planned unit
development, the applicant shall demonstrate that the following criteria
will be met:
(1)
Availability and capacity of public services. The proposed type and
intensity of use shall not exceed the existing or planned capacity
of existing public services and facilities, including police and fire
protection, traffic capacity of the Town's roads, drainage and
stormwater management facilities, availability of water, capacity
of private septic or public sanitary sewer treatment facilities, refuse
disposal, and educational services.
(2)
Compatibility. The proposed development shall be consistent with
the intent and spirit of this chapter as stated in this section.
(3)
Economic impact. The proposed development shall not impede the continued
use or development of surrounding lots of record for uses permitted
by this chapter.
(4)
Unified control. The proposed development shall be under single ownership
or unified control, where a single entity has responsibility for completing
the project.
(5)
Sufficient land area for proposed uses. The planned unit development
shall be a minimum of 10 acres of contiguous land. Additional noncontiguous
land areas within the Town may be included as part of the proposed
open space dedications for a planned unit development. The proposed
development shall provide sufficient land area to comply with all
applicable regulations of this section, adequately serve the needs
of all permitted uses in the planned unit development, and ensure
compatibility between uses and the surrounding neighborhood.
D.
Standards. A planned unit development shall comply with the following
standards:
(1)
Architecture. A planned unit development shall incorporate a consistent
architectural theme which is unique to the specific site through the
use of materials, signage and design. Generic corporate architecture
and big box designs are strongly discouraged but not prohibited. Uses
should be designed according to the limitation of the site rather
than the removal of the limitations. Specific design details, such
as roof parapets, architectural details, varying roof heights, pitches
and materials and building colors and materials, should be addressed.
 Figure 73 - Architecture at a Planned Unit Development
|
(2)
Compatibility of uses. The design of a planned unit development shall
take into account the relationship of the site to the surrounding
areas and between differing uses on the site. The perimeter of the
planned unit development and arrangement of uses at such development
shall be designed to minimize adverse impacts between the project
and adjacent land uses, and different types of potentially incompatible
land uses. Compatibility factors include but are not necessarily limited
to visual and audio intrusion and conspicuous visual barriers.
(3)
Density. The number of dwelling units proposed for a planned unit
development is permitted to be 1.5 times the maximum density permitted
for a lot of record at an applicable zoning district. Moreover, the
following density bonuses may be awarded by the designated approval
authority that will allow a planned unit development to increase such
maximum density.
(a)
Accessibility. Up to a 10% density bonus may be granted for
the provision of making sites, facilities, buildings, and elements
accessible pursuant to ICC/ANSI A117.1 - Accessible and Usable Buildings
and Facilities.
(b)
Agriculture. A 1% density bonus may be granted for each additional
1% of the site that will preserve farm operations. However, such bonus
shall not exceed 10% regardless of the amount of proposed farm operations.
(c)
Amenities. Up to a 10% density bonus may be granted for the
provision of amenities, such as but not limited to child care services,
dining facilities, laundry services, parks as well as indoor and outdoor
recreation facilities (e.g., swimming pools, gyms, playgrounds, walking
trails, golf courses, etc.) considered beneficial to the planned unit
development. Such amenities shall not be required to be accessible
to the public.
 Figure 74 - Amenities at a Planned Unit Development
|
(d)
Blight. Up to a 10% density bonus may be granted for the cleanup
of a blighted site, contamination removal or demolition of obsolete
structures.
(e)
Fire detection system, monitored. Up to a 10% density bonus
may be granted for the provision of a monitored fire detection system
in all buildings and/or structures. To be eligible for this bonus,
such system shall be designed, installed and maintained in accordance
to the reference standard(s) described within the Uniform Code.
(f)
Fire protection system. Up to a 10% density bonus may be granted
for the provision of a fire protection system in all buildings and/or
structures. To be eligible for this bonus, such system shall be designed,
installed and maintained in accordance to the reference standard(s)
described within the Uniform Code.
(g)
Historic preservation. Up to a 10% density bonus may be granted
for preservation and adaptive reuse of historically or architecturally
significant buildings or structures, which such classification shall
be determined by the County Genealogical and Historical Society or
approved equivalent authority, that are located on the site.
(h)
Noncombustible siding. Up to a 10% density bonus may be granted
for the provision of noncombustible siding at all buildings and/or
structures.
(i)
Open space. A 1% density bonus may be granted for each additional
1% of the site that will be designated as common open space. However,
such bonus shall not exceed 10% regardless of the amount of proposed
common open space.
(j)
Renewable energy systems. Up to a 10% density bonus may be granted
for the provision of renewable energy systems, such as but not limited
to solar photovoltaic and/or thermal systems and wind energy conversion
system. Such amenities shall not be required to be connected to a
public service agency.
(4)
Dimensional standards for lots of record.
(a)
Building height. Building height may exceed the maximum permitted
in the underlying zoning district by 20%, provided that the project
design protects adjacent uses both inside and outside of the planned
unit development from adverse impacts on privacy, light and air.
(b)
Building coverage. Building coverage of individual lots of record
may exceed the maximum percentage permitted by the underlying zoning
district by 20%, provided that the planned unit development meets
the standards of this section.
(c)
Lot depth, size and width. The minimum lot depth, size and width
of the underlying zoning district may be reduced provided the planned
unit development meets the design standards of this section.
(d)
Yard. The minimum yard dimensions of the underlying zoning district
may be reduced provided that the planned unit development meets the
design standards of this section and it is demonstrated:
[1]
A better or more appropriate design can be achieved by not applying
the provision of the zoning district; and
[2]
That compensating design and/or structural measures are used
to ensure the protection of the users and inhabitants of the development
health, safety and welfare, including but not necessarily limited
to visual and acoustical privacy, and adequate light and air.
(5)
Landscaping. A landscaping plan, which includes sizes and types of
vegetation, shall be submitted for review and approval. This plan
shall include a buffer located adjacent to all contiguous lots of
record. No recreational activities, parking and/or structures shall
be allowed in this buffer.
(6)
Open space. Usable open space(s) shall be provided in an amount equal
to or greater than 10% of the total area of a lot of record(s) that
is the subject of a planned unit development. These spaces may be
provided in the form of parks, plazas, arcades, commons, trails, sports
courts or other athletic and recreational areas, outdoor areas for
the display of sculptural elements, etc. Land reservations for community
facilities may be considered in lieu of usable open space.
 Figure 75 - Open Space at a Planned Unit Development
|
(7)
Privacy and security. The design of the site and dwelling units should
promote privacy and security consistent with crime prevention through
environmental design (CPTED) strategies.
(8)
Signage. A consistent signage theme shall be provided within a planned
unit development. Freestanding signs shall be monument style and of
a size and height that is complimentary of the architecture of the
development.
 Figure 76 - Signage at a Planned Unit Development
|
(9)
Transportation system. A planned unit development shall incorporate
transportation elements, which allow for connections to existing developments
or undeveloped land both within and outside such development. These
transportation elements should provide for improvements through road
designs, and ingress and egress to the existing transportation network
depending on the foreseeable needs of future residents and users of
the site, and the relationship of the project site to the community
at large.
A.
Access. Access to a private club shall only be taken from a public
road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
A private small animal operation shall be permitted as an accessory
use at all zoning districts except for the Lakefront Commercial (LCOM),
Lakefront Recreational (LREC) and Lakefront Residential (LRES) Zoning
Districts, in which such use shall be prohibited. However, a private
small animal operation shall comply with the following requirements
if such operation is located within the Hamlet (HA) Zoning District:
A.
Breeding. Breeding of small animals shall not be permitted.
B.
Commercial use. A private small animal operation shall not be used
as a commercial use (e.g., selling of eggs).
C.
Enclosure. Small animals shall be kept in a structure or in a fenced
enclosure at all times.
D.
Minimum lot area. A private small animal operation shall be located
on a lot of record that has a minimum lot area of two acres.
E.
Number of small animals. A lot of record shall have a maximum limit
of five small animals.
F.
Roosters prohibited. Roosters are prohibited.
G.
Setback. A structure used to shelter small animals shall have a setback
of 25 feet from a rear and side lot line. Such shelter shall not be
located in the front yard.
A private stable shall be permitted as an accessory use at all
zoning districts except for the Lakefront Commercial (LCOM), Lakefront
Recreational (LREC) and Lakefront Residential (LRES) Zoning Districts,
in which such use shall be prohibited. However, a private stable shall
comply with the following requirements if such stable is located within
the Hamlet (HA) Zoning District:
A.
Commercial use. A private stable shall not be used as a commercial
use (e.g., commercial horse boarding operation and/or commercial equine
operation, which such uses are defined in § 301 of the Agriculture
and Markets Law of NYS, as currently in effect and as hereafter amended
from time to time).
B.
Enclosure. A horse or horses shall be kept in a structure or in a
fenced enclosure at all times.
C.
Manure. Manure that has not been composted or spread shall not be
stored and remain on a lot of record for a period in excess of one
year.
D.
Minimum lot area. A minimum of one acre per horse is required.
E.
Number of horses. A private stable shall have a maximum limit of
five horses per lot of record.
F.
Setback. A structure used to shelter a horse or horses shall have
a setback of 25 feet from a rear and side lot line.
A.
Compliance with the Sanitary Code. A recreational cabin shall comply
with Part 7, specifically Subpart 7-1, of the Sanitary Code of NYS,
as currently in effect and as hereafter amended from time to time,
if it is applicable. Where, in any specific case, conflicts occur
between provisions of this chapter and such state law, the more restrictive
requirement shall govern.
B.
Area. A recreational cabin shall have a gross floor area equal to
or greater than 500 square feet.
C.
Occupancy. A recreational cabin shall not be used as a dwelling unit
and shall only be occupied occasionally for recreational purposes.
D.
Utilities. A recreational cabin is not required to be connected to
public utilities nor be required to have pressurized or indoor plumbing
and an on-site wastewater treatment system.
A.
Access. Access to a recreational use shall only be taken from a public
road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Design.
(1)
The design of all recreational facilities, structures and/or
uses, whether active or passive, including site layout, building orientation
and accessory structures and/or uses, shall be directed inward with
minimal visibility to public rights-of-way and contiguous lots of
record.
(2)
The design of all recreational facilities, structures and/or
uses, whether active or passive, shall comply with the ADA standards
for accessible design ("ADA standards"), as currently in effect and
as hereafter amended from time to time, and/or the Uniform Code.
(3)
The design of all recreational facilities, structures and/or
uses, whether active or passive, shall comply with the applicable
standards and guidelines developed by the National Park Service and/or
the NYS Office of Parks, Recreation and Historic Preservation.
D.
Setbacks.
(1)
A recreational facility shall be located not less than 50 feet
from a contiguous lot of record containing a residential use, except
where greater distances are otherwise required by law or an AHJ.
(2)
Recreational structures and/or uses, whether active or passive,
shall be located not less than 50 feet from a contiguous lot of record
containing a residential use, except where greater distances are otherwise
required by law or an AHJ.
A.
Access. Access to a residential care/assisted living facility shall
only be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Compliance with state law. A residential care/assisted living facility
shall comply with the applicable state law governing the type of care
provided (e.g., Article 28 of the Public Health Law of NYS, as currently
in effect and as hereafter amended from time to time).
A.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
B.
Elementary and secondary school. Elementary and/or secondary schools
shall be regulated by the applicable provisions of 8 NYCRR, as currently
in effect and as hereafter amended from time to time, and the designated
approval authority is the Commissioner of the NYSED.
C.
Higher education school.
(1)
Access. Access to a higher education school shall only be taken from
a public road.
(2)
Accessory uses. Accessory uses associated with a higher education
school, which are but shall not limited to dormitories, fraternities,
indoor and/or outdoor instructional and/or recreational facilities,
and sororities, shall be classified as a customarily accessory use
and shall be permitted.
(3)
Minimum lot area. A higher education school shall be located on a
lot of record that has a minimum lot area of five acres.
(4)
NYSED. A higher education school shall comply with any applicable
provision of 8 NYCRR, as currently in effect and as hereafter amended
from time to time.
D.
Parochial or private school.
(1)
Access. Access to a parochial or private school shall only be taken
from a public road.
(2)
Accessory uses. Accessory uses associated with a parochial or private
school, which are but shall not limited to dormitories, and indoor
and/or outdoor instructional and/or recreational facilities, shall
be classified as a customarily accessory use and shall be permitted.
(3)
Minimum lot area. A parochial or private school shall be located
on a lot of record that has a minimum lot area of two acres.
(4)
NYSED. A parochial or private school shall comply with any applicable
provision of 8 NYCRR, as currently in effect and as hereafter amended
from time to time.
A.
Agricultural solar photovoltaic and/or thermal systems. NYSDAM has
determined that solar photovoltaic and/or thermal systems used to
supply a portion of a farm operation's electrical and/or heating/hot
water needs, which shall not exceeding 110% of the farm operation's
anticipated demand, to be on-farm equipment. This determination designates
such solar photovoltaic and/or thermal systems as a customarily accessory
use to a farm operation. For these reasons, this chapter shall not
restrict the use of solar photovoltaic and/or thermal systems installed
at a farm operation to supply such operation's electrical and/or
heating/hot water needs, which shall not exceeding 110% of the farm
operation's anticipated demand.
B.
Building mounted solar photovoltaic and/or thermal systems.
(1)
A building-mounted solar photovoltaic and/or thermal system may be
mounted on a principal and/or accessory structure.
(2)
A building-mounted solar photovoltaic and/or thermal system on pitched
roofs shall be installed parallel to the roof surface on which it
is mounted or attached.
(3)
A building-mounted solar photovoltaic and/or thermal system on pitched
roofs shall not extend higher than the highest point of the roof surface
on which it is mounted or attached.
(4)
A building-mounted solar photovoltaic and/or thermal system on flat
roofs shall not extend above the top of the surrounding parapet, or
more than 24 inches above the flat surface of the roof, whichever
is higher.
(5)
Prior to installation, a report, which shall be prepared and sealed
by a registered design professional, shall be submitted to the designated
approval authority that documents that the building and/or structure
to which a building-mounted solar photovoltaic and/or thermal system
is mounted can support the additional imposed loads.
C.
Freestanding solar photovoltaic and/or thermal systems. A freestanding
solar photovoltaic and/or thermal system is permitted as an accessory
structure in all zoning districts but shall comply with the following
standards:
(1)
The height of such system and any mounts shall not exceed 20 feet
when oriented at maximum tilt.
(2)
The location of such system and any mounts shall meet the setback/yard
requirements for accessory structures at the applicable zoning district.
(3)
The total surface area of such system, which may be calculated by
factoring in the moutning angle at maximum tilt, shall be considered
impervious and calculated in the building coverage of the lot of record
on which the system is located. Exemption(s):
(a)
The total surface area of such system shall not exceed 10% of
the lot area of the subject lot of record or 4,000 square feet, whichever
is more restrictive.
 Figure 77A - Panel area and height
|
(4)
All plumbing and/or power transmission lines from a freestanding
solar photovoltaic and/or thermal system to any other structure shall
be located underground.
(5)
At all zoning districts, a freestanding thermal system shall provide
heated liquid, which is used for such purposes as space heating and
cooling, domestic hot water, and heating pool water, only for structures
located at the subject lot of record.
D.
Design.
(1)
The design of the solar photovoltaic and/or thermal system shall
conform to applicable industry standards as well as the Uniform Code
and/or Energy Code.
(2)
A solar photovoltaic and/or thermal system shall provide power and/or
hot water for the principal use and/or accessory use of a lot of record
on which such system is located. However, this provision shall not
be interpreted to prohibit the sale of excess power and/or hot water
generated from time to time to a public service agency (i.e., interconnected
customer-owned solar photovoltaic and/or thermal system).
(3)
A solar photovoltaic and/or thermal system shall have antireflective
coating(s). Furthermore, a solar photovoltaic and/or thermal system
shall be designed and located to avoid concentrated glare or reflection
onto structures at a contiguous lot of record. Lastly, a solar photovoltaic
and/or thermal system shall be designed and located to avoid concentrated
glare or reflection onto adjacent roads and shall not interfere with
traffic or create a safety hazard.
(4)
All mechanical equipment associated with and necessary for the operation
of the solar photovoltaic and/or thermal system shall comply with
the following:
(a)
Mechanical equipment shall be screened from any contiguous lot
of record containing a residential use. The screen shall consist of
shrubbery, trees, or other noninvasive plant species which provides
a visual screen. In lieu of a planting screen, a decorative fence
meeting the requirements of the Fence Law of the Town, as currently
in effect and as hereafter amended from time to time,[1] may be used.
(b)
Mechanical equipment shall not be located within the minimum
front yard setback of the underlying zoning district.
(c)
Mechanical equipment shall comply with the setbacks specified
for accessory structures in the underlying zoning district.
(5)
A solar photovoltaic and/or thermal system shall not be used to display
advertising, including signage, streamers, pennants, spinners, reflectors,
ribbons, tinsel, balloons, flags, banners or similar materials. The
manufacturers and equipment information, warning, or indication of
ownership shall be allowed on any equipment of the solar photovoltaic
and/or thermal system.
E.
Abandonment. If a solar photovoltaic and/or thermal system ceases
to perform its originally intended function for more than 12 consecutive
months, the owner shall remove the system, including but not limited
to any mounts and associated equipment, by no later than 90 days after
the end of the twelve-month period.
F.
Farm operation and/or prime farmland. Solar photovoltaic and/or thermal
systems located on a farm operation and/or prime farmland shall be
constructed/designed in accordance with the construction mitigation
requirements for agricultural lands as prescribed by NYSDAM.
G.
NYS Real Property Tax Law exemption. The Town exercises its right
to opt out of the tax exemption provisions of § 487 of the
Real Property Tax Law of NYS, as currently in effect and as hereafter
amended from time to time.
H.
Public service agency notification. The owner of a solar photovoltaic
and/or thermal system shall provide evidence that the applicable public
service agency has approved his/her/their intent to install an interconnected
customer-owned solar photovoltaic and/or thermal system. Off-grid
solar photovoltaic and/or thermal systems shall be exempt from this
requirement.
 Figure 78 - Solar Photovoltaic and Thermal Systems (i.e., Freestanding)
|
A.
Access. Access to a self-service storage facility shall only be taken
from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Permitted storage. The permitted storage at a self-service storage
facility shall be restricted to the following:
(1)
No activity other than rental of storage units and pick up and deposit
of material goods shall be allowed at a facility, except for accessory
or incidental uses required in administration and security of the
site. The use of storage units for any purpose other than storage
shall be prohibited.
(2)
All goods and/or other objects stored shall be secured inside storage
structures. Outdoor retail sales and/or outdoor storage shall be prohibited.
(3)
The storage of flammable liquids including petroleum products, highly
combustible or explosive materials, corrosive or hazardous chemicals
shall be prohibited.
(4)
Servicing or repair of vehicles or any similar equipment shall be
prohibited.
 Figure 79 - Self-Service Storage Facility
|
A.
Intent. The purpose of this section is to establish predictable and
balanced regulations for the siting of telecommunications facilities
in order to accommodate the growth of such facilities while protecting
the public against any adverse impacts on aesthetic resources and
the public safety and welfare. The Town wants to accommodate the need
for telecommunications facilities while regulating their location
and number, minimizing adverse visual impacts through proper design,
siting and screening, avoiding potential physical damage to adjacent
properties, and encouraging joint use of telecommunications towers.
This section also seeks 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, in order to further minimize adverse visual effects from
telecommunications towers. Lastly, this section is not intended to
prohibit or have the effect of prohibiting the provision of personal
wireless services nor shall it be used to unreasonably discriminate
among providers of functionally equivalent services consistent with
current federal regulations.
B.
Co-location of a telecommunication facility permitted as a right.
The co-location of a telecommunications facility shall be permitted
as a right in the Town.
C.
CO-LOCATION
HEIGHT
TELECOMMUNICATIONS ANTENNA
TELECOMMUNICATIONS TOWER
Specific definitions. The following terms are specific to the use
regulated by this section:
The act of siting a telecommunication facility on an existing
telecommunication tower or similar structure (e.g., aboveground water
storage tower) without the need to construct a new telecommunications
tower.
 Figure 80 - Co-Location
|
The height of the telecommunications facility shall be measured
from the grade plane at the base of the telecommunications tower to
the highest point of the tower, including, but not limited to, antennas,
transmitters, satellite dishes or any other structures affixed to
or otherwise placed on such tower. If the base of the telecommunications
tower is not on ground level, the height of the telecommunications
facility shall include the grade plane at the foundation of the building
or structure to which such tower is attached.
A system of electrical conductors that transmit or receive
radio frequency waves.
A structure on which one or more antennas will be located,
that is intended for transmitting and/or receiving radio, television,
telephone, wireless or microwave communications for an FCC-licensed
carrier, but excluding those used exclusively for fire, police and
other dispatch communications, or exclusively for private radio and
television reception and private citizen's bands, amateur radio
and other similar private, residential communications.
D.
Applications. In addition to the application requirements described
within this chapter, applications for the installation of a telecommunications
facility proposing a new telecommunications tower shall comply with
the following application requirements and the more restrictive requirement
shall apply in cases of conflict:
(1)
Documentation of need.
(a)
The applicant shall demonstrate, using technological evidence,
that the telecommunications facility must be located in its proposed
location in order to satisfy its function pursuant to the applicant's
technological requirements.
(b)
The applicant shall provide a report inventorying all existing
tall structures and/or existing telecommunications towers within a
reasonable distance of the proposed site. Such distance shall be determined
by the designated approval authority in consultation with the applicant.
The report shall outline opportunities for co-location at these existing
structures and/or towers as an alternative to a proposed new telecommunications
tower. The report shall demonstrate good faith efforts to secure co-location
from the owner of each existing tall structure and/or existing telecommunications
tower as well as documentation of the physical, technical and/or financial
reasons why co-location is not practical in each case. Written requests
and responses for co-location shall be provided.
(2)
Site plan. Provide a scaled site plan(s) prepared and sealed by a
registered design profession that illustrates the following:
(a)
Location and size of the proposed telecommunications tower,
support structures, accessory structures, roads, parking, fences,
signs, and landscaped areas.
(b)
Setback dimensions to all contiguous lot lines, buildings and/or
structures.
(c)
Existing topography, with contour intervals of not more than
10 feet, related to the United States Geological Survey datum.
(d)
The location of bridges, flood hazard areas, roads, steep slopes,
waterbodies/watercourses, wetlands, wooded areas and other geological
features within the site.
(3)
County airport coordination. Provide a copy of written notice to
the county airport and any comments received from such airport.
(4)
Decommissioning plan. Provide a decommissioning plan outlining the
anticipated means and cost of removing the telecommunications facility,
including all accessory facilities and structures, at the end of their
serviceable life or at facility abandonment.
(5)
Emergency response plan. Provide an emergency response plan that
is approved by the fire department having jurisdiction and the County
Office of Emergency Management.
(6)
FAA. FAA approval for telecommunications facilities exceeding 200
feet in height shall be provided. Otherwise, provide documentation
that telecommunications facilities less than 200 feet in height shall
meet the requirements of 14 CFR Part 77.13(a), as amended.
(8)
Fire apparatus access road. Provide construction documents that are
prepared and sealed by a professional engineer that a fire apparatus
access road shall be constructed from a public road to the telecommunications
facility. Such fire apparatus access road shall comply with the applicable
provisions of the Uniform Code.
(9)
Intermunicipal notification. In order to keep any neighboring municipalities
informed and to facilitate co-location of telecommunications facilities
in such municipalities, the applicant shall provide written documentation
that he/she/they have notified the legislative bodies of each municipality
that borders the Town, the County Planning Board, the County Board
of Legislatures, the County Office of Emergency Management and the
County Office of the Sheriff. Such notification shall include the
exact location of the proposed new telecommunications tower and a
general description of the project, including but not limited to the
height of such tower and its capacity for future shared use.
(10)
Landscaping plan. Provide a landscaping plan prepared and sealed
by a registered design professional showing the current vegetation,
describing the area to be cleared, listing the specimens proposed
to be added and detailing regrading and restoration measures to be
taken after construction according to NYSDAM and NYSDEC guidelines.
The plan should also include details regarding how erosion and sediment
control will be dealt with.
(11)
Letter of credit/security. Provide a letter of credit or other
form of security acceptable to the Town Attorney as to the form and
manner of execution in an amount sufficient for the faithful performance
of the terms and conditions of this section; the conditions of the
permit or approval issued hereunder for the observation of all Town
laws to cover the maintenance of a telecommunications facility during
its lifetime and provide for its removal. The amount required shall
be at the applicant's expense as determined by the Town Engineer.
In the event of default upon the performance of any such conditions,
the letter of credit or security shall be forfeited to the Town which
shall be entitled an action thereon. The letter of credit or security
shall remain in full force and effect until the remove of the telecommunications
facility and site restoration.
(12)
Professional studies on:
(a)
Visual impact. This professional study shall include a computerized
photographic simulation showing the site fully developed and demonstrating
any visual impacts from strategic vantage points. Color photographs
of the proposed site from at least five locations accurately depicting
the existing conditions shall be included. The study shall also indicate
the color treatment of the facility's components and any visual
screening incorporated into the project that is intended to lessen
visual prominence. Lastly, the study shall comply with NYSDEC's
program policy titled "Assessing and Mitigating Visual Impacts."
(b)
Geotechnical impact. This professional study shall at a minimum
include an analysis of soils engineering and engineering geologic
characteristics of the site based on on-site sampling and testing,
foundation design criteria for all proposed structures, slope stability
analysis, grading criteria for ground preparation, cuts and fills,
and soil compaction.
(c)
Engineer's report. This report shall be prepared and sealed
by a registered design professional that verifies that the telecommunications
tower conforms to acceptable industry standards and can withstand
the loading requirements (e.g., wind.) for structures as established
by the Uniform Code.
(d)
Fiscal and economic impact. This professional study shall include
a property value analysis prepared by an appraiser licensed in NYS
in accordance with industry standards, regarding the potential impact
on the value of lots of record adjoining the project site.
(13)
Telecommunications tower.
(a)
Provide the manufacturer's construction drawings and specifications
for the telecommunications tower.
(b)
Provide a letter of intent committing the owner of any proposed
new telecommunications tower and his/her/their successors in interest
to negotiate in good faith for shared use of the proposed tower by
other telecommunications providers in the future. Such letter shall
state that the owner will:
[1]
Respond within 90 days to a request for information from a potential
shared use applicant; and
[2]
Negotiate in good faith concerning future requests for shared
use of the new tower by other telecommunications providers; and
[3]
Allow shared use of the new telecommunications tower if another
telecommunications provider agrees, in writing, to pay reasonable
charges. Such charges may include but are not limited to a prorated
share of the cost of the site selection, site design, construction
and maintenance financing, return on equity and depreciation, and
all costs of adapting the telecommunication tower and its associated
equipment to accommodate a shared user without causing electromagnetic
interference.
E.
Standards.
(1)
Abandonment and removal. At the time of submission of the application
for a telecommunication facility, the applicant shall submit an agreement
to remove all antennas, driveways, structures, buildings, equipment
sheds, lighting, utilities, fencing, gates, accessory equipment or
structures, as well as any tower used as a telecommunications facility
if such facility becomes technologically obsolete or ceases to perform
its originally intended function for more than 12 consecutive months.
Upon removal, the land shall be restored to its previous condition,
including but not limited to the seeding of exposed soils.
(2)
Access and parking spaces. A fire apparatus access road and required
parking spaces will be provided to assure adequate emergency and service
access.
(3)
Co-location. The shared use of existing telecommunications towers
or other structures shall be preferred to the construction of new
towers. Any application proposing to construct a new telecommunications
tower shall include proof that reasonable efforts have been made to
co-locate within an existing telecommunications facility or upon an
existing structure within a reasonable distance, regardless of municipal
boundaries, of the site. The applicant must demonstrate that the proposed
telecommunications facility cannot be accommodated on existing telecommunications
facilities due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of
existing and approved telecommunications facilities or other structures,
considering existing and planned use for those facilities;
(b)
The planned equipment would cause radio frequency interference
with other existing or planned equipment, which cannot be reasonably
prevented;
(c)
Existing or approved telecommunications facilities or other
structures do not have space on which proposed equipment can be placed
so it can function effectively and reasonably;
(d)
Other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures; and
(e)
The owner of the existing telecommunications facility or other
structure refuses to allow such co-location or requests an unreasonably
high fee for such co-location compared to current industry rates.
(4)
Engineering standards.
(5)
Fall zones. Telecommunications facilities shall be constructed so
as to minimize the potential safety hazards and located in such a
manner that, if the facility should fall, it will remain within the
lot of record and avoid buildings, structures, roads, utilities and
other telecommunications facilities.
(6)
Height. Telecommunications facilities shall be designed to be the
minimum height needed to meet the service objectives of the applicant
and anticipated co-locators.
(7)
Lighting. Telecommunications facilities shall not be lighted unless
required by the FAA or FCC.
(8)
Security.
(a)
Towers, anchor points around guyed towers, and accessory structures
shall each be surrounded by fencing not less than six feet in height.
(b)
There shall be no permanent climbing pegs within 15 feet of
the ground.
(c)
Motion-activated or staff-activated security lighting around
the base of a tower or site entrance may be provided if such lighting
does not project off the site.
(d)
A locked gate at the junction of the access way and a public
thoroughfare may be required to obstruct entry by unauthorized vehicles.
Such gate must not protrude into the public road.
(9)
Setbacks. Telecommunications facilities shall comply with all existing
setbacks within the affected zoning district. Setbacks shall apply
to all tower parts, including guy wire anchors, and to any accessory
facilities. Additional setbacks may be required by the designated
approval authority to protect life and safety from icefall or debris
from tower failure as well as to preserve privacy at contiguous lots
of record containing a public or residential use.
(10)
Signage. Signs located at telecommunications facilities shall
be limited to ownership and contact information, FCC antenna registration
number and any other information as required by law. Commercial advertising
is strictly prohibited.
(11)
Telecommunications tower.
(a)
Any new telecommunications tower shall be designed to accommodate
future shared use by at least three other telecommunications providers.
(b)
Unless required otherwise by the FAA or FCC, a telecommunications
tower shall have a finish, whether painted or unpainted, that minimizes
its degree of visual impact.
(12)
Vegetation and screening.
(a)
Existing on-site vegetation shall be preserved to the maximum
extent possible. Clear cutting of all trees in a single contiguous
area shall be minimized to the extent possible.
(b)
The designated approval authority may require appropriate buffering
around the fences of the tower base area, accessory structures and
the anchor points of guyed towers to buffer their view from neighboring
residences, recreation areas, waterways, historic or scenic areas,
or public roads.
Timber and lumber production facilities shall comply with the
following standards:
A.
Access. Access to a timber and lumber production facility shall only
be taken from a public road.
B.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
C.
Caretaker quarters. A caretaker quarters may be provided within the
principal building as an accessory dwelling unit, or on the lot of
record as a detached single-unit dwelling.
D.
Setbacks. The following setbacks are required in addition to those
of the zoning district:
A.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
B.
Vehicle rental and sales establishment.
(1)
Vehicle loading and unloading. Vehicle loading and unloading for
a vehicle rental and sales establishment shall occur on the lot of
record containing such use, unless approved otherwise by the AHJ.
C.
Vehicle repair station.
D.
Vehicle service station.
(1)
Canopy.
(a)
A canopy shall be located between the principal building and
the rear or side lot lines. No canopy shall be permitted between the
principal building and front lot line.
(b)
Canopies shall not exceed 16 feet in height or the height of
the principal building, whichever is less.
(c)
Canopies shall be architecturally integrated with the principal
building and all other accessory structures on the site through the
use of the same or compatible materials, colors and roof pitch.
(d)
Any lighting fixtures or source lights that are a part of the
underside of the canopy shall be recessed into the underside of the
canopy so as not to protrude below the canopy ceiling surface.
(2)
Abandonment.
(a)
If the operation of a vehicle service station is abandoned for
any reason for a continuous period in excess of two calendar years,
such discontinuance of operation shall be grounds for revocation of
any certificate and/or permit issued pursuant to this chapter; and
(b)
Upon the revocation of any certificate and/or permit, the owner
shall remove all canopies, pumps, pump islands, signs, underground
storage tanks and all other equipment and/or instruments related to
the vehicle service station in a workmanlike manner.
 Figure 81 - Vehicle Service Station
|
E.
Vehicle wash establishment.
(1)
General. All washing and machine-drying operations shall be conducted
within an enclosed building.
(2)
Discharge. A vehicle wash establishment shall discharge into an oil
water separator that shall effectively treat wastewater prior to discharging
into wastewater treatment systems and/or NYSDEC permitted discharge
points.
(3)
Setbacks.
(a)
The building exit for vehicles that have completed the washing
and machine-drying process shall be set back a minimum of 50 feet
from the nearest point of any front lot line.
(b)
Washing, vacuuming, steam cleaning, waxing, polishing or machine-drying
operations, and any building within which such operations are conducted,
shall be located a minimum of 50 feet from a contiguous lot of record
containing a residential use.
(4)
Vacuuming equipment. Vacuuming equipment associated with the vehicle
wash establishment shall not be placed adjacent to or face a contiguous
lot of record containing a residential use, unless an intervening
building exists between such equipment and lot of record.
(5)
Wash bays. Wash bays shall not face a contiguous lot of record containing
a residential use.
 Figure 82 - Vehicle Wash Establishment
|
A.
Access. Access to a veterinary facility shall only be taken from
a public road.
B.
Animal boarding.
(1)
All animal boarding facilities that are not completely enclosed,
and any outdoor animal pens, stalls, or runways shall be located within
the rear yard.
(2)
All animal boarding facilities that are not completely enclosed,
and any outdoor animal pens, stalls, or runways shall be a minimum
of 100 feet from any contiguous lot of record.
(3)
All outdoor pasture/recreation areas shall be enclosed to prevent
the escape of the animals; all such enclosures shall be set back a
minimum of 10 feet from any contiguous lot of record.
C.
Buffer and landscaping. A landscaping plan, which includes sizes
and types of vegetation, shall be submitted for review and approval.
This plan shall include a buffer located adjacent to all contiguous
lots of record containing a residential use. No recreational activities,
parking and/or structures shall be allowed in this buffer.
D.
Minimum lot area. A veterinary facility shall be located on a lot
of record with a lot area of five acres or more.
E.
Veterinarian's residence. A single-unit dwelling may be provided
for the veterinarian within the principal building as an accessory
dwelling unit, or on the lot of record as a detached single-unit dwelling.
A.
Intent. As energy costs increase and financial assistance becomes
more available, an increasing number of farm operations are considering
the installation of wind energy conversion systems to help offset
a farm operation's electrical needs. Let the record reflect that
NYSDAM has determined that wind energy conversion systems used to
supply a portion of a farm operation's electrical needs, which
shall not exceeding 110% of the farm operation's anticipated
demand, to be on-farm equipment. This determination designates such
wind energy conversion system as a customarily accessory use to a
farm operation. For these reasons, this section is designed to promote
the safe, efficient and effective use of wind energy conversion systems
installed at a farm operation to supply a portion of such operation's
electrical needs.
B.
NONPARTICIPATING OWNER
OVERSPEED CONTROL
PARTICIPATING OWNER
SETBACK
SITE
TOTAL HEIGHT
TOWER
Specific definitions. The following terms are specific to the use
regulated by this section:
Any owner of a lot of record that has not entered into any
agreement with a wind energy developer to allow for a wind energy
conversion system on or near their lot of record.
A mechanism used to limit the speed of blade rotation to
below the design limits of the wind energy conversion system.
Any owner of a lot of record that has entered into an agreement
with a wind energy developer to allow a wind energy conversion system
on or near their property. For clarification purposes, a wind energy
developer can also be an owner of a lot of record who has independently
installed a wind energy conversion system at his/her/their such lot.
The distance measured from the closest extension of a rotor
blade of a wind energy conversion system to an adjacent building,
lot line, structure and/or use. For the purpose of this section, measurement
shall be made in a straight line without regard to topography. Presence
of a town, village or other political subdivision boundary shall be
irrelevant for purposes of calculating and applying the setback requirements
of this section.
 Figure 83 - Wind Energy Conversion System and Setbacks
|
The lot(s) of record where the wind energy conversion system
is to be placed, including related tower and transmission equipment.
The site may be publicly or privately owned by an individual or group
of individuals controlling single or adjacent lots of record. Where
multiple lots of record are in joint ownership, the combined lots
shall be considered as one for purposes of applying setback requirements.
Height of wind energy conversion system measured from the
grade plane to top of tip of blade in vertical position.
Support structure, including guyed, monopole, and lattice-types,
upon which wind turbine or other mechanical device is mounted.
 Figure 84 - Wind Energy Conversion System
|
C.
Use classification. An agricultural wind energy conversion system
shall be classified as a customarily accessory use at a farm operation
that is located wholly in an NYS-certified agricultural district.
D.
Standards.
(1)
Advertising. No advertising shall be allowed on any part of
the wind energy conversion system, including the fencing and support
structures. No lettering, company insignia, brand names, logo, or
graphics shall be allowed on the tower or blades. Reasonable identification
of the wind energy conversion system by the manufacturer and owner
is permitted.
(2)
Capacity. An agricultural wind energy conversion system shall
generate no more than 110% of the farm operation's anticipated
demand at the time of application.
(3)
Colors and surfaces of wind energy conversion system. Colors
and surface treatment of all wind energy conversion system shall minimize
visual disruption by using white, beige, off-white, gray or another
non-reflective, unobtrusive color, unless mandated otherwise by the
FAA.
(4)
Lighting.
(a)
Wind energy conversion system shall comply with all applicable
FAA requirements for air traffic warning lights.
(b)
No artificial lighting shall be allowed on wind energy conversion
system except to the extent required by the FAA or other air safety
authority. Minimal ground level security lighting is permitted.
(5)
Minimum lot size. An agricultural wind energy conversion system
shall be installed on a lot of record equal to or greater than seven
acres.
(6)
Maximum number per lot of record. A maximum of one agricultural
wind energy conversion system shall be installed on a lot of record.
(7)
Noise. An agricultural wind energy conversion system shall not
exceed 50 dBA, as measured at the closest neighboring inhabited dwelling
at the time of installation. This level, however, may be exceeded
during short-term events, such as utility outages and/or severe wind
storms.
(8)
Operation. All wind energy conversion system shall be maintained
in operational condition meeting all of the requirements of this section
at all times, subject to reasonable maintenance and repair outages.
If the wind energy conversion system becomes inoperative, damaged,
unsafe, or violates a standard, the owner shall remedy the situation
within 90 days after written notice from the Code Enforcement Officer.
The Code Enforcement Officer may extend the period by 90 days.
(9)
Safety.
(a)
The minimum distance from the ground to the rotor blade tips
shall not be less than 20 feet.
(b)
Wind energy conversion system shall not be climbable up to 15
feet above the ground. This can be achieved through anticlimbing devices
or a fence around the tower with locking portals at least six feet
high.
(c)
All access doors on towers or to electrical equipment shall
be locked or fenced.
(d)
There shall be clearly visible signs on all wind energy conversion
system, electrical equipment, and wind energy facility entrances warning
of electrical shock or high voltage and harm from revolving machinery.
Signage shall also include twenty-four-hour emergency contact information.
(e)
Each wind energy conversion system shall be equipped with both
manual and automatic controls to limit the rotational speed of the
blade within the design limits of the rotor. Manual electrical and/or
overspeed shutdown disconnect switches shall be provided and clearly
labeled on the wind energy conversion system. No wind energy conversion
system shall be permitted which lacks an automatic braking, governing,
or feathering system to prevent uncontrolled rotation, overspeeding,
and excessive pressure on the tower structure, rotor blades, and turbine
components.
(f)
All structures which may be charged with lightning shall be
grounded according to the NEC.
(10)
Setbacks.
(a)
Each wind energy conversion system shall be set back 1.5 times
its height from all existing residences on a nonparticipating owner's
lot of record.
(b)
Each wind energy conversion system shall be set back two times
its height from the nearest school, hospital, place of worship, or
public library.
(c)
Each wind energy conversion system shall be set back 1.5 times
its height from all lot lines, overhead utility or transmission lines,
other towers, electrical substations, meteorological towers, and roads.
 Figure 85 - Wind Energy Conversion System Setback from Lot Lines
|
(d)
Each wind energy conversion system shall be set back 1.5 times
tower height from all structures and buildings. Exemption(s):
[1]
A wind energy conversion system is not required
to be setback from structures and buildings at a participating owner's
property.
(e)
Waivers. Setbacks may be waived by the designated approval authority
if there is written consent from the affected owner(s) stating that
he/she/they are aware of the wind energy conversion system and the
setback limitations imposed by this section and that his/her/their
consent is granted to allow reduced setbacks. However, in order to
advise all subsequent owners of the burdened property, the consent
shall be in the form required for an easement describing the benefited
and burdened properties and shall be recorded at the office of the
County Clerk. The easement shall be permanent and may not be revoked
without the consent of the Town Board, which consent shall be granted
upon either the completion of decommissioning of the benefitted wind
energy conversion system in accordance with this section, or the acquisition
of the burdened lot of record by the owner of the benefitted parcel.
(11)
Total height. The total height of an agricultural wind energy
conversion system shall not exceed 150 feet.
E.
Abatement and decommissioning. An agricultural wind energy conversion
system that is not used for 12 successive months shall be deemed abandoned
and shall be dismantled and removed from the lot of record at the
expense of the owner.
F.
Tax exemption. The Town exercises its right to opt out of the tax
exemption provisions of § 487 of the Real Property Tax Law
of NYS, as currently in effect and as hereafter amended from time
to time.
G.
Public service agency notification. The owner of an agricultural
wind energy conversion system shall provide written authorization
that the applicable public service agency has approved his/her/their
intent to install an interconnected customer-owned small wind energy
conversion system. Off-grid wind energy conversion systems shall be
exempt from this requirement.
A.
Intent. This section is designed to properly regulate and site large
wind energy conversion systems and, thus, deal with potential problems
they can create, including aesthetic impacts, drainage problems, harm
to farm operations, a risk to bird and bat populations, risks to the
property values of adjoining properties, significant noise, traffic
problems during construction, and electromagnetic interference with
various types of communication. Exemption(s):
(1)
The substantive and procedural requirements of this section
shall not apply to any wind energy conversion system that is governed
by Article 10 of the Public Service Law of NYS, as currently in effect
and as hereafter amended from time to time.
B.
Specific definitions. The terms prescribed in the section of this
chapter pertaining to agricultural wind energy conversion systems
shall also be applicable to large wind energy conversion systems.
C.
Use classification. A large wind energy conversion system shall be
classified as an accessory use at a lot of record.
D.
Application. In addition to the application requirements for a special
use permit, an application for a large wind energy conversion system
shall include the following additional information:
(1)
Construction plan. A detailed construction plan, including but
not limited to a construction schedule, hours of operation; designation
of heavy haul routes; a list of material equipment and loads to be
transported; identification of temporary facilities intended to be
constructed and contact agent in the field with name, email address
and telephone number.
(2)
Decommissioning and site restoration plan. A decommissioning
and site restoration plan that shall identify the lot(s) of record
it applies to and shall indicate removal of all buildings, structures,
wind turbines, access roads and/or driveways and foundations to four
feet below finish grade; road repair costs, if any; and all regrading
and revegetation necessary to return the site to the condition existing
prior to establishment of the commercial wind energy conversion system.
The restoration shall reflect the site specific character, including
topography, vegetation, drainage, and any unique environmental features.
The plan shall include a certified estimate of the total cost (by
element) of implementing the removal and site restoration plan.
(3)
Description. A description of the project, including the number
of wind energy conversion systems, data pertaining to each tower's
safety and stability, including safety results from test facilities
and certification from the turbine manufacturer that the turbine is
manufactured to operate at safe speeds, and, for each wind energy
conversion system, the make, model, a picture, and manufacturing specifications,
including noise decibel data and maximum rated capacity.
(4)
Emergency response plan. A detailed emergency response plan
created in consultation with the emergency response agency(ies) having
jurisdiction over the site. The proposed plan may include, but is
not limited to, the following:
(a)
Fireproof or fire-resistant building materials.
(b)
Buffers or fire-retardant landscaping.
(c)
Availability of water.
(d)
An automatic fire-extinguishing system for all buildings or
equipment enclosures of substantial size containing control panels,
switching equipment, or transmission equipment.
(e)
Provision of training and firefighting equipment for local fire
protection personnel.
(5)
Engineering report. This shall be prepared by a professional
engineer and provide information regarding:
(a)
Ice throw. The report shall calculate the maximum distance that
ice from the turbine blades could be thrown.
(b)
Blade throw. The report shall calculate the maximum distance
that pieces of the turbine blades could be thrown.
(c)
Catastrophic tower failure. The report shall include a statement
from the turbine manufacturer detailing the wind speed and conditions
that the turbine is designed to withstand.
(d)
Certification that the foundation and tower design are sufficient
to withstand wind-loading requirements for structures as established
by the Uniform Code.
(6)
FAA notification. A copy of written notification to the FAA
pertaining to the installation of a wind energy conversion system.
(7)
Insurance. Proof of insurance in a sufficient dollar amount
to cover potential personal and property damage associated with the
construction and operation of the proposed project. The Town shall
be named as an additional insured under the general liability policy
of the applicant.
(8)
Landscaping plan. A landscaping plan prepared and sealed by
a registered design professional showing the current vegetation, describing
the area to be cleared, listing the specimens proposed to be added,
and detailing regrading and restoration measures to be taken after
construction according to NYSDAM and NYSDEC guidelines. The plan should
also include details pertaining to erosion and sediment control as
well as stormwater management pursuant to any applicable regulation
of the NYSDEC.
(9)
NYSERDA. Evidence from NYSERDA that the site is feasible for
commercial wind energy generation.
(10)
Site plan. A site plan prepared and sealed by a licensed land
surveyor or registered design professional drawn in sufficient detail
to clearly show the following:
(a)
Lot lines, physical dimensions of the site, and the location,
dimensions and types of existing structures and uses on the site.
(b)
Roads, whether private or public.
(c)
Adjoining properties within 500 feet of the site, including
zoning designations, residences, schools, churches, hospitals, and
libraries within 1,000 feet of each tower.
(d)
The proposed location, elevation, and total height of each wind
energy conversion system.
(e)
Aboveground and underground utility lines within a radius of
1.5 times the total height of the wind energy conversion system.
(f)
Setback lines.
(g)
All other proposed facilities on the site, including transformers,
electrical lines, substations, storage or maintenance units, ancillary
equipment or structures, transmission lines, and fencing.
(h)
Federal, state, county or local parks, recognized historic or
heritage sites, state and federal identified wetlands, or important
bird areas within a radius of 10 miles, as identified in federal,
state, county, local or New York Audubon's GIS databases or other
generally available documentation.
(11)
Studies. Studies prepared by a qualified person on:
(a)
Agricultural mitigation. An analysis detailing the agricultural
mitigation needed to restore a farm operation disturbed by a wind
energy conversion system. The applicant shall solicit input from the
NYSDAM on such studies and shall follow any pertinent protocols established,
adopted, or promulgated by such state department.
(b)
Avian impact. An analysis of bird and bat migration, nesting,
and habitat that would be affected by the proposal. The applicant
shall solicit input from the NYSDEC on such studies and shall follow
any pertinent protocols established, adopted, or promulgated by such
state department.
(c)
Cultural resources. An analysis describing the potential impacts
of the project upon cultural resources as identified by NYSOPRHP.
Such study shall be approved by such state office and include any
follow-up study or assessment recommended by NYSOPRHP.
(d)
Electromagnetic interference. An analysis of the potential for
electromagnetic interference with microwave, radio, television, personal
communication systems, 911, and other wireless communication. A copy
of the written notification to all communication operators within
two miles of the project shall be attached to such study.
(e)
Fiscal and economic impact. A property value analysis prepared
by a licensed appraiser in accordance with industry standards, regarding
the potential impact on the value of lots of record adjoining the
project site.
(f)
Geotechnical impact. An analysis of soils engineering and engineering
geologic characteristics of the site based on on-site sampling and
testing, foundation design criteria for all proposed structures, slope
stability analysis, grading criteria for ground preparation, cuts
and fills, and soil compaction.
(g)
Land use and water impacts. An analysis detailing potentially
impacted wetlands, surface water and groundwater resources, and the
geology and land use of the site.
(h)
Noise. A noise analysis that shall include a description and
map of the project's noise-producing features and the noise-sensitive
environment, including the range of noise levels and the tonal and
frequency characteristics expected. The applicant shall solicit input
from the NYSDEC on such studies and shall follow any pertinent protocols
established, adopted, or promulgated by such state department.
(i)
Shadow flicker. An analysis that shall identify locations where
shadow flicker may interfere with residences and roadways and the
expected duration of the flicker. The study shall identify measures
that shall be taken to eliminate or mitigate the problem, which may
include ceasing operation during periods when shadow flicker effects
are at its greatest.
(j)
Visual impact. An analysis that shall include a computerized
photographic simulation showing the site fully developed and demonstrating
any visual impacts from strategic vantage points. The applicant shall
solicit input from the NYSDEC on such studies and shall follow any
pertinent protocols established, adopted, or promulgated by such state
department.
(12)
Transportation plan. A preliminary transportation plan describing
ingress and egress to the proposed project site to deliver equipment
and provide access during and after construction. Such plan shall
describe any anticipated improvements to existing roads, bridges,
or other infrastructure, as well as measures which will be taken to
restore damaged or disturbed access routes following construction.
A copy of the written notification to all local, state and/or federal
transportation agencies shall be included in such plan.
(13)
Wind energy conversion system drawings. Vertical drawings of
all wind energy conversion systems, showing total height, turbine
dimensions, tower and turbine colors, ladders, distance between the
ground and the lowest point of any blade, and the location of climbing
pegs and access doors. One drawing may be submitted for each wind
energy conversion system of the same type and total height.
E.
Standards.
(1)
Advertising. No advertising shall be allowed on any part of
the wind energy conversion system, including the fencing and support
structures. No lettering, company insignia, brand names, logo, or
graphics shall be allowed on the tower or blades. Reasonable identification
of the wind energy conversion system by the manufacturer and owner
is permitted.
(3)
Interference with electromagnetic communications, radio signals,
microwave and television signals. No wind energy conversion system
shall be installed in any location where its proximity with microwave
communications, fixed broadcast, retransmission or reception antenna
for radio, wireless phone, or other personal communications systems
would produce substantial electromagnetic interference with signal
transmission or reception. Any interference with television signals
shall be mitigated.
(4)
Colors and surfaces of wind energy conversion system. Colors
and surface treatment of all wind energy conversion system shall minimize
visual disruption by using white, beige, off-white, gray or another
nonreflective, unobtrusive color unless mandated otherwise by the
FAA.
(5)
Landscaping. Subject to the owner's preference, the landscaping
of the wind energy conversion system should be appropriate to screen
accessory structures from roads and adjacent residences. It should
be designed to minimize the impacts of land clearing and loss of open
space.
(6)
Lighting.
(a)
Wind energy conversion system shall comply with all applicable
FAA requirements for air traffic warning lights.
(b)
No artificial lighting shall be allowed on wind energy conversion
system except to the extent required by the FAA or other air safety
authority. Minimal ground level security lighting is permitted.
(7)
Minimum lot size. A large wind energy conversion system shall
be installed on a lot of record equal to or greater than 20 acres.
(8)
Operation.
(a)
Maintenance. The owner of the wind energy conversion system
shall submit an annual report of operations and maintenance to the
Town.
(b)
All wind energy conversion system shall be maintained in operational
condition meeting all of the requirements of this section at all times,
subject to reasonable maintenance and repair outages. If the wind
energy conversion system becomes inoperative, damaged, unsafe, or
violates a standard, the owner shall remedy the situation within 90
days after written notice from the Code Enforcement Officer. The Code
Enforcement Officer may extend the period by 90 days.
(c)
If the wind energy conversion system is not repaired or brought
into compliance within the time frame stated above, the Town may,
after a public hearing, order remedial action or revoke the special
use permit and order removal of the wind energy conversion system
within 90 days.
(d)
Inspections. All wind energy conversion system shall be inspected
annually for structural and operational integrity by a registered
design professional. The Town has the right to enter the lot of record
containing a wind energy conversion system at any reasonable time
to inspect the wind energy conversion system.
(9)
Noise.
(a)
The noise level generated by a wind energy conversion system
shall not exceed 45 dBA for more than six minutes out of any one-hour
time period, nor exceed 50 dBA for any time period, as measured at
the lot line of a nonparticipating lot of record.
(b)
The noise level generated by a wind energy conversion system
shall not increase ambient sound levels by more than three dBA at
any sensitive noise receptors, including residences, hospitals, libraries,
schools, and places of worship, within 2,500 feet of the participating
lot of record.
(c)
If the ambient noise level measured at participating lot of
record exceeds the standard, the standard shall be equal to the ambient
noise level plus three dBA.
(d)
Independent certification shall be required after construction
demonstrating compliance with this noise standard.
(10)
Safety.
(a)
The minimum distance from the ground to the rotor blade tips
shall not be less than 50 feet.
(b)
Wind energy conversion system shall not be climbable up to 15
feet above the ground. This can be achieved through anticlimbing devices
or a fence around the tower with locking portals at least six feet
high.
(c)
All access doors on towers or to electrical equipment shall
be locked or fenced.
(d)
There shall be clearly visible signs on all wind energy conversion
system, electrical equipment, and wind energy facility entrances warning
of electrical shock or high voltage and harm from revolving machinery.
Signage shall also include twenty-four-hour emergency contact information.
(e)
Each wind energy conversion system shall be equipped with both
manual and automatic controls to limit the rotational speed of the
blade within the design limits of the rotor. Manual electrical and/or
overspeed shutdown disconnect switches shall be provided and clearly
labeled on the wind energy conversion system. No wind energy conversion
system shall be permitted which lacks an automatic braking, governing,
or feathering system to prevent uncontrolled rotation, overspeeding,
and excessive pressure on the tower structure, rotor blades, and turbine
components.
(f)
All structures which may be charged with lightning shall be
grounded according to the NEC.
(11)
Setbacks.
(a)
Each wind energy conversion system shall be set back 1.5 times
its height from all existing residences on a nonparticipating owner's
lot of record.
(b)
Each wind energy conversion system shall be set back two times
its height from the nearest school, hospital, place of worship, or
public library.
(c)
Each wind energy conversion system shall be set back 1.5 times
its height from all lot lines, overhead utility or transmission lines,
other towers, electrical substations, meteorological towers, and roads.
(d)
Each wind energy conversion system shall be set back 1.5 times
tower height from all structures and buildings other than residences
on a nonparticipating owner's property.
(e)
Waivers. Setbacks may be waived by the designated approval authority
if there is written consent from the affected owner(s) stating that
he/she/they are aware of the wind energy conversion system and the
setback limitations imposed by this section and that his/her/their
consent is granted to allow reduced setbacks. However, in order to
advise all subsequent owners of the burdened property, the consent
shall be in the form required for an easement describing the benefited
and burdened properties and shall be recorded at the office of the
County Clerk. The easement shall be permanent and may not be revoked
without the consent of the Town Board, which consent shall be granted
upon either the completion of decommissioning of the benefitted wind
energy conversion system in accordance with this section, or the acquisition
of the burdened lot of record by the owner of the benefitted parcel.
(12)
Shadow flicker. Wind energy conversion system shall be located
in a manner that makes reasonable efforts to minimize shadow flicker
to any building and/or structure on a nonparticipating owner's
lot of record or road. An owner of a wind energy conversion system
shall be required to undertake reasonable mitigation measures for
shadow flicker, provided it allows the continued operation of the
wind energy conversion system.
(13)
Siting and installation.
(a)
Any construction on agricultural land should be conducted according
to the NYSDAM's "Guidelines for Agricultural Mitigation for Wind
Power Projects."
(b)
Connection of transmission lines from the wind energy facility
to local distribution lines.
[1]
No construction of any wind energy conversion system
shall be started until evidence is given of a signed interconnection
agreement or letter of intent with an interconnecting public service
agency.
[2]
A wind energy conversion system shall meet the
requirements for interconnection and operation as set forth in the
public service agency's regulations.
[3]
Transmission lines and points of connection to
local distribution lines should be combined to the extent possible.
The wind energy conversion system should be connected to existing
substations if possible, or if new substations are needed, the number
should be minimized.
(c)
Power lines. Power lines between wind energy conversion systems
and any other buildings or structures should be completely underground.
Power lines between wind energy conversion system and the on-site
substation should be placed underground. Power lines for connection
to a public service agency and transmission poles, towers, and lines
may be aboveground.
(d)
Road access to project site. Subject to the owner's preference,
entrances to access roads shall be gated and kept locked. The project
shall only use designated traffic routes established in the application
review process. Routes should be chosen to minimize traffic impacts
and shall take into consideration a wind energy conversion system
adverse impact to traffic during school bus times, wear and tear on
local roads, and impacts on local businesses. Existing roads should
be used to the extent possible or, if new roads are needed, they should
minimize the amount of land used and the adverse environmental impacts.
The applicant is responsible for remediation of any damaged roads
due to siting and installation of the wind energy conversion system.
(14)
Total height. The total height of a large wind energy conversion
system shall not exceed 400 feet.
(15)
Traffic routes.
(a)
Construction of large wind energy conversion systems poses potential
risks because of the large sized construction vehicles and their impact
on traffic safety and their physical impact on local roads. Construction
and delivery vehicles for such systems and for associated facilities
shall use traffic routes established as part of the application review
process. Factors in establishing such corridors shall include:
[1]
Minimizing traffic impacts from construction and
delivery vehicles, including impacts on local residential areas; and
[2]
Minimizing related traffic during times of school
bus activity; and
[3]
Minimizing wear and tear on local roads; and
[4]
Minimizing impacts on local business operations;
and
[5]
A plan for disseminating traffic route information
to the public.
(b)
The applicant/owner is responsible for obtaining all necessary
permits and repairing damage on all roads, whether such damage occurs
during the construction or maintenance of a wind energy conversion
system. All applicable local, county, state and federal highway departments
shall approve the transportation plan and a copy of such approvals
shall be submitted to the Town.
(16)
Type of construction. A wind energy conversion system shall
be of monopole construction (single pole). No lattice structures or
guy-wire-supported structures shall be permitted.
F.
Abatement, decommissioning, site restoration plan and bond.
(1)
Abatement and decommissioning. If a wind energy conversion system
is not operated for a continuous period of 12 months, the Town will
contact the owner by registered mail and provide 90 days for a response.
The owner is required to respond and set forth reasons for the stoppage
and a timetable for action. If the Town has made all reasonable efforts
to notify the owner but the owner does not satisfactorily respond,
the Town can contract for removal and restoration using the money
in the decommissioning bond, after salvage value, and charge the owner
any difference in cost.
(2)
Decommissioning and site restoration plan. The plan shall include:
(a)
The anticipated life of the wind energy conversion system; and
(b)
Triggering events for decommissioning and removal; and
(c)
The estimated decommissioning costs in current dollars; and
(d)
How the estimate was determined; and
(e)
Provision for a reestimate of such decommissioning costs every
five years by a registered design professional; and
(f)
The manner in which the wind energy conversion system will be
decommissioned and the site restored, including removal of all structures,
turbines, cabling, electrical components, debris, and foundations
to a depth of four feet, restoration of the soil and vegetation, and
restoration of roads and driveways, less any fencing or residual minor
improvements requested by the owner.
(3)
A decommissioning bond payable to the Town in an amount to be
determined by the Town for removal of nonfunctional wind energy conversion
system and restoration of the site shall be maintained by the owner.
(4)
The bond, letter of credit, or other equivalent form of security
shall be confirmed to be sufficient to cover decommissioning and site
restoration costs every five years.
G.
Transfer and replacement.
(1)
If ownership of a wind energy conversion system changes, the
new owner shall present full contact information and proof to the
Town that all required bonds and insurance policies remain in full
force 30 days prior to the transfer of ownership.
(2)
Any replacement of or modification or alteration to a wind energy
conversion system, excluding regular maintenance and repair, requires
an amendment to the special use permit, which amendment shall not
be unreasonably withheld.
(3)
Replacement of a wind energy conversion system may occur without
an amendment to the special use permit when there will be:
(a)
No increase in the total height of the wind energy conversion
system; and
(b)
No change in the location of the wind energy conversion system;
and
(c)
No additional lighting on the wind energy conversion system,
except to the extent required by the FAA; and
(d)
No increase in noise produced by the wind energy conversion
system.
H.
Tax exemption. The Town exercises its right to opt out of the tax
exemption provisions of § 487 of the Real Property Tax Law
of NYS, as currently in effect and as hereafter amended from time
to time.
I.
Public service agency notification. The owner of a large wind energy
conversion system shall provide written authorization that the applicable
public service has approved his/her/their intent to install an interconnected
customer-owned large wind energy conversion system. Off-grid wind
energy conversion systems shall be exempt from this requirement.
A.
Intent. The intent of this section is to balance the need for clean,
renewable energy resources and the necessity to protect the public
health, safety and welfare of the community. The Town Board finds
these regulations are necessary to ensure that small wind energy conversion
systems are appropriately designed, sited and installed.
C.
Use classification. A small wind energy conversion system shall be
classified as an accessory use at a lot of record.
D.
Standards.
(1)
Accessory use. A small wind energy conversion system shall be
classified as an accessory use.
(2)
Advertising. No advertising shall be allowed on any part of
the wind energy conversion system, including the fencing and support
structures. No lettering, company insignia, brand names, logo, or
graphics shall be allowed on the tower or blades. Reasonable identification
of the wind energy conversion system by the manufacturer and owner
is permitted.
(3)
Colors and surfaces of wind energy conversion system. Colors
and surface treatment of all wind energy conversion system shall minimize
visual disruption by using white, beige, off-white, gray or another
nonreflective, unobtrusive color unless mandated otherwise by the
FAA.
(4)
Lighting.
(a)
Wind energy conversion system shall comply with all applicable
FAA requirements for air traffic warning lights.
(b)
No artificial lighting shall be allowed on wind energy conversion
system except to the extent required by the FAA or other air safety
authority. Minimal ground level security lighting is permitted.
(5)
Minimum lot size. A small wind energy conversion system shall
be installed on a lot of record equal to or greater than five acres.
(6)
Noise. A small wind energy conversion system shall not exceed
50 dBA, as measured at the closest neighboring inhabited dwelling
at the time of installation. This level, however, may be exceeded
during short-term events, such as utility outages and/or severe wind
storms.
(7)
Operation.
(a)
All wind energy conversion system shall be maintained in operational
condition meeting all of the requirements of this section at all times,
subject to reasonable maintenance and repair outages. If the wind
energy conversion system becomes inoperative, damaged, unsafe, or
violates a standard, the owner shall remedy the situation within 90
days after written notice from the Code Enforcement Officer. The Code
Enforcement Officer may extend the period by 90 days.
(b)
If the wind energy conversion system is not repaired or brought
into compliance within the time frame stated above, the Town may,
after a public hearing, order remedial action or revoke the special
use permit and order removal of the wind energy conversion system
within 90 days.
(8)
Safety.
(a)
The minimum distance from the ground to the rotor blade tips
shall not be less than 20 feet.
(b)
Wind energy conversion system shall not be climbable up to 15
feet above the ground. This can be achieved through anticlimbing devices
or a fence around the tower with locking portals at least six feet
high.
(c)
All access doors on towers or to electrical equipment shall
be locked or fenced.
(d)
There shall be clearly visible signs on all wind energy conversion
system, electrical equipment, and wind energy facility entrances warning
of electrical shock or high voltage and harm from revolving machinery.
Signage shall also include twenty-four-hour emergency contact information.
(e)
Each wind energy conversion system shall be equipped with both
manual and automatic controls to limit the rotational speed of the
blade within the design limits of the rotor. Manual electrical and/or
overspeed shutdown disconnect switches shall be provided and clearly
labeled on the wind energy conversion system. No wind energy conversion
system shall be permitted which lacks an automatic braking, governing,
or feathering system to prevent uncontrolled rotation, overspeeding,
and excessive pressure on the tower structure, rotor blades, and turbine
components.
(f)
All structures which may be charged with lighting shall be grounded
according to the NEC.
(9)
Setbacks.
(a)
Each wind energy conversion system shall be set back 1.5 times
its height from all existing residences on a nonparticipating owner's
lot of record.
(b)
Each wind energy conversion system shall be set back two times
its height from the nearest school, hospital, place of worship, or
public library.
(c)
Each wind energy conversion system shall be set back 1.5 times
its height from all lot lines, overhead utility or transmission lines,
other towers, electrical substations, meteorological towers, and roads.
(d)
Each wind energy conversion system shall be set back 1.5 times
tower height from all structures and buildings other than residences
on a nonparticipating owner's property.
(e)
Waivers. Setbacks may be waived by the designated approval authority
if there is written consent from the affected owner(s) stating that
he/she/they are aware of the wind energy conversion system and the
setback limitations imposed by this section and that his/her/their
consent is granted to allow reduced setbacks. However, in order to
advise all subsequent owners of the burdened property, the consent
shall be in the form required for an easement describing the benefited
and burdened properties and shall be recorded at the Office of the
County Clerk. The easement shall be permanent and may not be revoked
without the consent of the Town Board, which consent shall be granted
upon either the completion of decommissioning of the benefitted wind
energy conversion system in accordance with this section, or the acquisition
of the burdened lot of record by the owner of the benefitted parcel.
E.
Abatement and decommissioning. A small wind energy conversion system
that is not used for 12 successive months shall be deemed abandoned
and shall be dismantled and removed from the lot of record at the
expense of the owner.
F.
Tax exemption. The Town exercises its right to opt out of the tax
exemption provisions of § 487 of the Real Property Tax Law
of NYS, as currently in effect and as hereafter amended from time
to time.
G.
Public service agency notification. The owner of a small wind energy
conversion system shall provide written authorization that the applicable
public service agency has approved his/her/their intent to install
an interconnected customer-owned small wind energy conversion system.
Off-grid wind energy conversion systems shall be exempt from this
requirement.
