A.
Regulations in Article III, regulations governing lot area and lot width, front, side and rear yards, building coverage and building height, are as specified in Article III. All permitted uses are subject to the regulations appearing in Article II and Article III and to additional regulations as follow.
B.
Additional area and yard regulations.
(1)
Lots of less than required dimensions.
(a)
Any lot with an area or a width less than that required in the
district in which said lot is located may be used for any purpose
permitted in the district, provided that all other regulations prescribed
for the district shall be complied with, and further provided that
said lot was held under separate ownership at the time of the adoption
of this chapter and the owner thereof owned no adjoining land that
could be combined with said lot to meet the dimension requirements.
(b)
In the event that compliance with the yard and coverage requirements
of the district would result in a residential structure of less width
than 24 feet, the Zoning Board of Appeals shall determine and fix
yard and coverage requirements for said lot to permit its reasonable
utilization for a permitted use.
(2)
Reduction of lot area. The minimum yards and open spaces, including
lot area per family, required by this chapter for any building existing
at the time of adoption of this chapter or for any building hereafter
erected or structurally altered shall not be encroached upon or considered
as yard or open space requirements for any other building, nor shall
any lot be reduced below the district requirements of this chapter.
(3)
Corner lots. On a corner lot in any district where a front yard is required, a yard shall be provided on each street, equal in depth to the required front yard on such streets. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his application for a zoning permit. For fences on corner lots in Riverbend, see § 161-56. Nothing in this subsection shall be so interpreted as to reduce the building width of a corner lot, facing an intersecting street and of record at the time of the passage of this chapter, to less than 24 feet.
(4)
Visibility at street corners. On a corner lot in any district where
a front yard is required, no fence, wall, hedge, or other structure
or planting more than three feet in height shall be erected, placed,
or maintained so as to obstruct visibility of vehicular traffic within
the triangular area formed by the intersecting street right-of-way
lines and a straight line joining said lines at points 20 feet distant
from the point of intersection, measured along said lines. No fence
shall be placed within the road right-of-way.
(5)
Front yard exceptions. The front yard of all buildings and structures
hereafter constructed within a residence district shall not be less
than the average front yard of all buildings in the block for a distance
of 300 feet on each side of such building. A vacant lot within the
300-foot distance shall be considered as having the minimum front
yard required in the district for the purpose of computing such average
front yard.
(6)
Transition yard requirements.
(a)
Where two districts abut the same street between two intersecting
streets and the front yard requirements of one district are less than
those of the other district, there shall be provided for buildings
hereafter constructed or structurally altered within a distance of
50 feet from the district boundary line in the less-restricted district
a front yard equal in depth to the average of the required depth in
the two districts.
(b)
Where the side or rear yard of a lot abuts a side or rear yard
of a lot in a more-restricted district, there shall be provided along
such abutting line or lines a side or rear yard equal in depth to
that required in the more-restricted district.
(7)
Projecting architectural features, terraces, porches, and fire escapes.
(a)
The space in any required yard shall be open and unobstructed
except for the ordinary projections of windowsills, belt courses,
cornices, eaves, and other architectural features; provided, however,
that such features shall not project more than two feet into any required
yard.
(b)
A paved terrace shall not be considered as part of a building
in the determination of yard sizes or lot coverage, provided that
such terrace is unroofed and without walls, parapets or other forms
of enclosure exceeding six feet in height.
(c)
In determining the percentage of building coverage or the size
of yards for the purpose of this chapter, enclosed porches or porches
open at the side but roofed shall be considered a part of the building.
(d)
An open fire escape may extend into any required yard by more
than six feet, provided that such fire escape shall not be closer
than four feet, at any point, to any lot line.
(e)
Unenclosed entrance steps or stairways providing access to the
first story of a building may extend into any required yard a distance
not to exceed six feet.
(8)
Walls, fences, and hedges. The yard requirements of this chapter
shall not prohibit any necessary retaining wall, nor any fence, wall
or hedge permitted by Town ordinance, provided that, in any residence
district, such fence, wall or hedge shall be no closer to any front
lot line than two feet and shall comply with visibility at street
corners as provided in this article. Fences and hedges shall be a
maximum height of six feet between buildings used as dwellings.
C.
Additional height requirements.
(1)
Chimneys, spires, etc. The height limitations of this chapter shall
not apply to belfries, church spires, cupolas, penthouses, and domes
which are not used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks and necessary mechanical appurtenances usually
carried above the roof level; nor to barns, silos, monuments, transmission
towers and cables, radio and television antennas or towers and similar
structures. Such features, however, shall be erected only to such
height as is necessary to accomplish the purpose for which they are
intended. No advertising device of any kind whatsoever shall be inscribed
upon or attached to that part of any chimney, tower, tank, or other
structure which extends above the roof limitations.
(2)
On through lots. On through lots 120 feet or less in depth, the height
of a building may be measured from the grade of either street. On
through lots more than 120 feet deep, the height regulations and basis
of height measurement for the street permitting the greater height
shall apply to a depth of not more than 120 feet from that street.
D.
Accessory buildings: number, height, and location.
(1)
Height. The maximum height of accessory buildings shall be one story
or 15 feet, except for buildings used for agricultural purposes.
(2)
Location.
(a)
Unattached accessory buildings in residence districts. Accessory
buildings which are not attached to a principal building may be erected
within the rear yard, in accordance with the following requirements:
(3)
Not closer to a principal building than 10 feet.
(4)
Attached accessory buildings in residence districts. When an accessory
building is attached to the principal building, it shall comply, in
all respects, with the requirements of this chapter applicable to
the principal building.
(5)
Accessory buildings in business districts. Nondwelling accessory
buildings shall comply with front and side yard requirements for the
principal building to which they are accessory.
The following are green space requirements for the districts
indicated:
|
District
|
Percentage of Green Space Calculated from Total Acreage
|
|---|---|
|
C-1 Commercial District
|
35%
|
|
C-2 Commercial District
|
35%
|
|
C-3 Commercial District
|
35%
|
|
M-1 Manufacturing District
|
35%
|
|
M-2 Manufacturing District
|
35%
|
|
Planned Development District - Commercial or Manufacturing
|
35%
|
|
Planned Development District - Residential
|
50%
|
|
Any major subdivision in a Commercial District
|
35%
|
|
Any major subdivision in the R Rural District
|
A.
Off-street parking.
(1)
Off-street parking space shall be required for all buildings constructed or new uses established after the effective date hereof. Each off-street space shall consist of at least 162 square feet with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided. Parking requirements are specified in Subsection D, Off-Street Parking Schedule. For uses not specified, the Planning Board shall establish parking requirements in specific cases, to meet 85% of peak parking demand. The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(2)
For any building having more than one use, parking spaces shall be
required as provided for each use. Further, the Planning Board is
authorized to accept shared parking spaces where the applicant has
a signed agreement with another parking lot to cover a portion of
parking requirements. Shared parking lots shall be within 300 feet
of each other in order to be counted.
(3)
Parking spaces required in Residence Districts shall be located in
the side or rear yard on the same lot or tract as the principal use.
For parking lots in Commercial Districts, the following standards
shall be incorporated into the design for new commercial uses, unless
waived by the Planning Board:
(a)
All parking shall be placed to the side or rear of the principal
building to the maximum extent feasible. Where side or rear placement
is not feasible due to lot configuration, parking lots may be placed
to the front of a structure, provided that they shall be screened
and landscaped to minimize direct views of parked vehicles from streets.
However, screening shall not impede sight distances for vehicles and
pedestrians. Screening of parking lots preexisting prior to the adoption
of this chapter and associated with existing commercial or public
uses is not required.
(b)
The interior of all new parking lots shall be landscaped to
provide shade and visual relief through the use of planting islands
or peninsulas. Parking lots with 10 or fewer spaces may not require
interior landscaping if the Planning Board determines that there is
adequate perimeter landscaping.
(c)
Parking lot layout shall take into consideration pedestrian
circulation. Where necessary and appropriate, crosswalks shall be
provided for and be distinguished by textured paving or other markings
and integrated into the larger pedestrian network.
(d)
Where feasible, use of permeable surfaces in parking lots are
preferred.
(e)
In any commercial district, a minimum of one bicycle rack designed
to contain at least four bicycles shall be provided for every 10 vehicular
parking spaces.
(f)
Cross-easements between two commercial parcels should be used
to provide opportunities for shared access to parking to the maximum
extent practical.
(4)
Floor areas, for the purposes of computing parking requirements,
shall be the sum of the horizontal area within exterior walls of the
several floors of a building, excluding basement, cellar and attic
areas used primarily for storage or service.
B.
Off-street loading.
(1)
When necessary for the proposed commercial use, at least one off-street
loading facility shall be provided for each commercial or industrial
establishment hereafter erected or substantially altered. Space for
off-street loading shall be in addition to space for off-street parking.
(2)
Each facility shall be subject to the following minimum requirements:
(a)
Each berth shall be not less than 12 feet wide, 33 feet long
and 14 feet in height when covered.
(b)
Space for such berth may occupy any part of any required side
or rear yard, except that no such berth shall be located closer than
100 feet to any lot in any residence district unless wholly within
a completely enclosed building.
D.
Off-Street Parking Schedule. In addition to the following minimum
spaces, all ADA requirements shall also be met:
|
Use
|
Spaces Required
|
|---|---|
|
Dwellings
|
2 for each dwelling unit
|
|
Residential unit in mixed-use structure
|
1.25 for each dwelling unit
|
|
Rooming houses, tourist homes, motels, hotels
|
1 for each guest room plus 1 per 400 square feet of public meeting
area or restaurant space
|
|
Administrative, professional, eleemosynary, governmental or
utility offices
|
1 for each 600 square feet of floor space
|
|
Funeral homes
|
10, plus space for all employee and resident personnel cars
|
|
Physicians' or surgeons' offices
|
4 for each physician or surgeon who maintains an office in the
building
|
|
Churches or temples
|
1 for each 5 seating spaces in main assembly room
|
|
Schools
|
2 for each elementary classroom
|
|
Theaters or other places of assembly
|
1 for each 5 seating spaces
|
|
Hospitals, sanatoriums, nursing or convalescent homes
|
1 for each 4 beds
|
|
Retail stores or banks
|
1 for each 400 square feet of floor area
|
|
Clubs, lodges and restaurants
|
1 for each 50 square feet of floor area
|
|
Bowling alleys
|
5 for each alley
|
|
Wholesale, storage, freight terminal or utility uses
|
1 for each 1,000 square feet of floor area
|
|
Industrial or manufacturing uses
|
1 for each 2 employees on the maximum working shift
|
|
Home occupations, major
|
1 for each 100 square feet of floor area devoted to such use
|
|
Multifamily dwellings
|
2 for each dwelling unit in the building; provided, however,
that no front yard shall be used for the open-air parking or storage
of any motor vehicle
|
|
Office buildings
|
1 for each 300 square feet of office floor area
|
Signs that are included as an element in a site plan review
or special use permit application shall be reviewed by the Planning
Board at the same time as all other elements reviewed during the site
plan or special use process. If a proposed sign is not part of a site
plan review or special permit application, such sign shall be reviewed
and permitted with a sign permit by the Building Inspector. The size,
type and location of any sign or advertising device shall be in accordance
with the following regulations:
A.
Signs in R Residence Districts.
(1)
The following signs shall be permitted in R Residence Districts:
(a)
Nameplate, identification signs and professional signs on any
premises used for any of the uses permitted in a residence district,
provided that such signs shall not exceed four square feet in area
and shall not emit any flashing or intermittent illumination.
(b)
Institutional signs for schools, churches, hospitals or similar
public or semipublic institutions, provided that such signs shall
not be greater than 15 square feet in area and shall not emit any
flashing lights or letters, scrolling or changing graphics, or intermittent
illumination including lights from electronic signs or LED-style signs.
(c)
Business signs pertaining only to a legal nonconforming use
of the premises on which it is located, provided that such signs shall
not exceed 20 square feet in area and shall not emit any flashing
lights or letters, scrolling or changing graphics, or intermittent
illumination, including lights electronic signs or LED-style signs.
Such signs shall be ground-mounted only and with a maximum height
of eight feet. Freestanding pole signs shall not be permitted.
(d)
Temporary signs located on the premises on which they are located,
provided that such signs shall not exceed six square feet in area,
shall not be illuminated and shall be promptly removed by the property
owner when the circumstances leading to their erection no longer apply.
B.
Signs in C Commercial Districts.
(1)
The following signs shall be permitted in C Commercial Districts:
(a)
Signs permitted in R Residence Districts.
(b)
Business signs on the premises on which they are located. Two
signs per business shall be allowed with one building-mounted and
one freestanding or ground-mounted. For premises having more than
one business located within the structure, each business shall be
allowed one building-mounted sign having a maximum size of 12 square
feet and the premises shall be allowed one freestanding or ground-mounted
sign with a maximum size of 24 square feet. The maximum height for
a freestanding sign or a ground-mounted sign shall be 10 feet.
(c)
Temporary signs on the premises on which they are located, provided
that such signs shall not exceed 10 square feet in area and shall
be promptly removed by the agent or owner when the circumstances leading
to their erection no longer apply.
(2)
Signs not pertaining to the premises on which they are located shall
not be permitted in any C Commercial District.
C.
Signs in M Manufacturing Districts. The following signs shall be
permitted in M Manufacturing Districts:
(1)
Signs permitted in C Commercial Districts.
(2)
No off-premises signs shall be allowed.
(3)
Sign size shall be limited to 36 square feet in total sign per face.
(4)
Temporary signs on the premises on which they are located, provided
that such signs shall not exceed 100 square feet in area and shall
be promptly removed by the agent or owner when the circumstances leading
to their erection no longer apply.
D.
General regulations.
(1)
The number of signs permitted on any single parcel shall not exceed
the number of lot lines of said parcel which abut a public right-of-way.
(2)
Signs shall be constructed of durable materials and shall be maintained
in a good condition. Signs which are permitted to deteriorate shall
be removed upon direction of the Town Board following notification
to the owner.
(3)
No sign shall project more than four feet beyond property lines over
public sidewalk areas.
(4)
No sign shall be erected which, in the opinion of the Planning Board,
may cause hazardous or unsafe conditions. Such signs shall be removed
upon direction of the Building Inspector following notification to
the owner.
(5)
No building-mounted sign shall be located higher than the front facade
to which it is attached.
(6)
No sign, other than an official traffic sign, shall be erected within
the right-of-way of any public street.
(7)
No sign shall have a source of illumination directed toward a public
street or adjacent property. LED signs shall be allowed only in C
and M Districts but, where allowed, shall not include use of flashing,
moving, or changing color text. Externally lighted signs are preferred.
(8)
No off-premises signs shall be allowed. No sign shall be permitted
which faces the front or side lot line of any residential district
within 100 feet of such lot line or which visibly faces any public
parkway, public square or entrance to any public park, school, library,
church, or similar institutions within 300 feet thereof, or within
1,000 feet of any federal, state, county, or Town existing or proposed
limited access highway.
E.
Signs exempt from sign regulations:
(1)
Signs one square foot or less in area.
(2)
Flags and insignia of any government.
(3)
Flags depicting the open or closed status of a business.
(4)
Legal notices and identification, informational or directional signs
erected or required by governmental bodies.
(5)
On-premises signs directing and guiding traffic and parking on private
property.
(6)
Signs which mark property boundaries, trespassing signs, or warning
or hazard signs (two square feet per side).
(7)
Temporary signs for a maximum 12 square feet per side and located
on-premises, placed for no more than 30 days. Temporary signs erected
by and for municipal uses may be allowed to be in place for more than
30 days.
A.
The regulations for large-scale planned districts are intended to
provide a means for the development of entirely new residential, commercial
or industrial subdivisions, parks or estates in which certain economies
of scale or creative architectural or planning concepts may be utilized
by the developer without departing from the spirit and intent of this
chapter. In no case shall the regulations of this section be so interpreted
as to circumvent the benefits of this chapter to the residents or
occupants of such development or the residents or occupants of adjoining
properties. Large-scale planned districts as defined herein may be
established only in accordance with the procedure specified in this
section.
B.
Objectives. In order to carry out the intent of this section, a large-scale
planned development district shall achieve the following objectives:
(1)
A creative use of land and related physical development which is
consistent with the Town of Waterford Comprehensive Plan.
(2)
A development pattern that has design, aesthetic qualities, scale,
and density that is consistent with the character of Waterford.
(3)
A development pattern that is in harmony with adjacent or nearby
uses.
(4)
A density of development that does not adversely impact traffic conditions
on local roads and highways.
(5)
The preservation of environmental features, especially those related
to the rivers, canals, and waterfront areas.
(6)
A development that provides a maximum choice in the types of environment,
occupancy tenure (for example, cooperatives, individual ownership,
condominium, or leasing), types of housing, lot sizes, and community
facilities available to existing and potential Town residents at all
economic levels.
(7)
More suitable open space and recreation areas. Large-scale planned districts shall be considered as a single parcel for the purpose of applying the regulations for yard dimensions as specified in Article III. Individual buildings and structures within such district need not conform to the regulations of Article III, provided that any variation from such regulations shall not be contrary to the intent of this chapter and shall conform to the standards set forth in Subsection B hereof. The requirements for off-street parking, loading and unloading, screening and other transitional measures shall be as specified in this chapter. Such requirements are minimum specifications and may be more restrictive in accordance with the standards set forth in the following subsection.
C.
A large-scale planned development shall require the following minimum
amount of net acres:
(1)
Commercial use: three net acres.
(2)
Industrial use: 10 net acres.
(3)
Residential use: 10 net acres.
(4)
"Net acres" is defined as the total parcel acreage minus all acreage located within the parcel involving Subsection C(4)(a) through (i) as follows:
(a)
Existing streets.
(b)
Easements.
(c)
Parks.
(d)
Other dedicated lands or water areas.
(e)
Lands undevelopable by reason of topography (slopes > 15%).
(f)
Drainage (including lands used for drainage ditches, swales,
and other storage areas).
(g)
Floodplains (including the FIRM mapped floodway, 100-year and
500-year flood hazard areas).
(h)
Jurisdictional wetlands (federal NWI and state).
(i)
Areas with adverse subsoil conditions that would substantially
affect the integrity of the proposed improvements or have adverse
impacts on the land, including those soils that have high erosion
potential and those defined as hydric.
D.
Application for establishment of a planned development district shall
be made, in writing, to the Town Board. The application shall include
seven copies of a sketch plan and narrative and a completed Full Environmental
Assessment Form, Part I. The Town Board shall refer the application
to the Town Planning Board within 30 days of the date of application
if it determines that the application has merit for further review.
The sketch plan shall be to scale and shall delineate the parcel(s)
to be developed. In addition, the sketch plan shall include:
(1)
Topography.
(2)
Land use areas, approximate building locations, easements, natural
features to be preserved, data concerning the number and type of residential
units or commercial buildings proposed and the amount (in area) of
any other uses to be built.
(3)
Proposed traffic circulation, including existing public roads to
be used, on-site circulation and/or approximate parking and loading.
(4)
Schematic of proposed landscape and open space plan.
(5)
Sketches of typical structures proposed, including signage.
(6)
Concept plan or narrative describing the proposed public utilities,
including water supply, wastewater disposal and storm drainage facilities,
to be constructed.
(7)
The Planning Board may require that the applicant submit for review
a traffic impact analysis to indicate the trip generations from the
project and any potential impacts that may occur on the surrounding
road network. A traffic impact analysis shall be required whenever
100 or more cars per day are proposed to be associated with the development
proposal. The analysis should discuss any possible mitigation measures
that may be required. Upon review of the impact analysis, the Planning
Board may require that a traffic impact study be performed with the
scope of the report to be determined by the Planning Board and its
engineering consultant.
(8)
Project narrative. A narrative description of the proposed project is required, addressing its scope of operation, purpose, justification, and impact on the immediate area of influence and the Town in general (school, traffic generation, population, utilities aesthetics and land use compatibility) and including necessary information so that the Planning Board can adequately evaluate the considerations detailed in § 161-32D of this subpart.
(9)
The Planning Board shall review the sketch plan with the applicant
and may require additional changes to the sketch plan as are deemed
reasonably necessary to protect the established or permitted uses
in the vicinity and to promote the orderly growth and sound development
of the Town pursuant to this article. The Planning Board shall initiate
a coordinated review as per SEQR, 6 NYCRR Part 617, and unless such
coordinated review identifies another non-Town agency interested in
being lead agency, shall take on the lead agency role for the purposes
of SEQR. The Planning Board shall require the applicant to furnish
basic site data pertaining to the boundaries of the proposed planned
development, existing zoning, the topography and subsoil conditions
and such preliminary plans as may be required for an understanding
of the proposed development, with the petitions for the desired zoning
changes.
E.
(Reserved)
F.
The Planning Board may require such changes in said preliminary plans
as are found to be necessary to meet the requirements of this chapter.
The Board may make such additional requirements as are deemed reasonably
necessary to protect the established or permitted uses in the vicinity,
protect the environment, and to promote and protect the orderly growth
and sound development of the municipality. In reaching its decision
on the proposed development and changes, if any, in the preliminary
plans, the Planning Board shall consider, among other things, the
following:
(1)
The need for the proposed land use in the proposed location.
(2)
The existing character of the neighborhood in which the use would
be located.
(3)
The location of principal and accessory buildings on the site in
relation to one another.
(4)
The pedestrian circulation and open space in relation to structures.
Sidewalks, and/or trails shall be required to connect within the development.
The Planning Board or Town Board may require trails or sidewalks to
be constructed to adequately link the developed area with other areas
adjacent to the parcel.
(5)
The traffic circulation features within the site and the amount,
location and access to automobile parking areas.
(6)
The height and bulk of buildings and their relation to other structures
in the vicinity.
(7)
The proposed locations, types and sizes of display signs, driveways,
loading zones and landscaping.
(8)
The safeguards provided to minimize possible detrimental effects
of the proposed use on the environment, community character, adjacent
properties and the neighborhood in general.
(9)
The compatibility with the Town's Comprehensive Plan and LWRP, if
applicable.
(10)
The capacity of public infrastructure, including but not limited
to roads, water, and sewer, to ensure adequate facilities are or can
be provided for the number of units or square footage proposed.
G.
In coordination with the Town Board and any other involved agencies
identified through the SEQR process, the Planning Board shall make
a SEQR determination prior to making a full recommendation to the
Town Board. The Planning Board shall recommend, recommend with modifications
or not recommend such application and shall report its findings to
the Town Board within 60 days following the date of referral to the
Planning Board. The report shall include findings related to the adequacy
of the proposal and consistency with Town policy. The time frame may
be extended by mutual agreement between the Planning Board and the
applicant.
H.
The Town Board shall hold a public hearing on the proposal with public
notice, as provided by law as in the case of an amendment to this
chapter. All requirements for SEQR, 6 NYCRR Part 617, and General
Municipal Law §§ 239-m and 239-n shall be met prior
to final decision by the Town Board to approve the large-scale planned
district.
I.
The Town Board may then amend this chapter in order to approve this
rezoning so as to define the boundaries of the planned district. Such
action shall have effect only of granting permission for development
of the specific proposed use in accordance with the preliminary plans
filed with the Town Board. The Town Board shall identify each allowed
use within the development and determine whether it is a permitted
or a special use permitted use, any density or other dimensions required,
and any other conditions it feels necessary to ensure the objectives
of the Town are met. Upon approval by the Town Board, the applicant
shall submit plans as required for site plan or special use permit
approval as may be required in accordance with Town Code requirements.
Such approved planned districts shall be designated Residential Planned
District (R-P), Commercial Planned District (C-P) or Manufacturing
Planned District (M-P) according to the type of development. Such
amendment of this chapter shall not constitute or imply a permit for
construction or approval of construction plans.
J.
In the event that the Planning Board has not recommended such proposal,
or recommended with modifications which the applicant is unwilling
to make, an affirmative vote of not less than 2/3 of the members of
the Town Board shall be required to establish such planned district.
K.
If construction work on the proposed development is not begun within
time limits specified by the Town Board or if such work is not completed
within the period of time specified by the Town Board, approval of
the application shall become null and void, and all rights thereunder
shall lapse, and the land shall be deemed subject to the same regulations
and restrictions as were effective before such approval, unless the
Town Board, for good cause, authorizes an extension of either period.
Such extension may be authorized without a public hearing.
L.
All conditions imposed by the Town Board, including those the performance
of which are conditions precedent to the issuance of any permit necessary
for the development of any part of the entire site, shall run with
the land and shall not lapse or be waived as a result of any subsequent
change in the tenancy or ownership of any or all of said area. Such
conditions shall be a part of any certificate of occupancy issued
for any use or structure in such development.
M.
Use and area, height, and bulk regulations for large-scale planned
districts.
(1)
(2)
C-P Planned Commercial Districts. The following uses shall be permitted,
and the following regulations shall apply to any C-P Planned Commercial
District:
(a)
Uses permitted in C-1 and C-2 Commercial Districts.
(3)
M-P Planned Manufacturing Districts. The following uses shall be
permitted, and the following regulations shall apply to any M-P Planned
Manufacturing District:
(a)
Laboratories; manufacturing, compounding, assembling or fabricating
plants; warehouses or storage facilities; agricultural product packaging,
processing or storage facilities; and business signs, none of which
may become hazardous, noxious or offensive by reason of the emission
of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse
matter or water-carried wastes or may cause a potentially hazardous,
noxious or offensive condition.
A customary agricultural use shall have a minimum lot size of
two acres for farming without any animals, or five acres for farming
with animals. No agricultural use shall create a public nuisance or
hazard due to use of chemicals, storage or use of manure, production
of noise beyond the ambient noise levels, or excessive odors. Custody
of poultry or livestock for personal or farm use, except as household
pets, shall have a minimum lot size of five acres and be approved
by the Planning Board upon the filing of application for a special
permit with said Board. The basis on which the Board shall grant such
a permit shall be that such use shall not constitute a public or private
nuisance.
A.
Whenever a customary agricultural use includes animals, a 100-foot
buffer shall be placed between the animals and any property line and
from any stream bank.
B.
All animals shall be enclosed with fencing.
C.
On-site farm stands or other direct sales of agricultural products shall require a special use permit from the Planning Board. Farm stands shall be set back at least 20 feet from any public right of way. Any signs shall conform to the provisions set forth in § 161-31. Adequate off-street parking shall be provided for pursuant to § 161-30.
A.
It is one of the intentions of this chapter and the Zoning Map[1] to safeguard the citizens of Waterford from undue health
and sanitation hazards. For this reason, the boundaries between the
R-75 and R-100 Residence Districts were determined primarily by the
location of sewer lines on the date of establishment of this chapter.
The smaller minimum frontage dimension (R-75) in most, but not necessarily
all, cases represents those areas where sewer lines were previously
installed.
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
B.
Where it can be shown that adequate facilities exist, or will exist
prior to the subdivision of land, for the adequate collection, treatment
and disposal of sewage in areas presently zoned R-100, petitions will
be favorably received by the Town Board for the reclassification of
such sewer-serviced areas to R-75 Residence Districts, except where
there is intended frontage upon state and county highways. Lands contiguous
with state and county highways and serviced by adequate sewers may
be reclassified R-75 by the Town Board where access is to a street
other than said state or county highways. In such cases, lot depths
on the side facing the county or state highways shall be at least
40 feet.
A.
Applicability. These standards shall be applied to all permitted or specially permitted commercial uses as permitted, including those requiring site plan review as per Table 1, in all commercial districts except for home occupations and farms. These standards are in addition to all others required by this Chapter 161.
B.
Standards.
(1)
Sidewalks. Sidewalks shall be provided to connect buildings
to one another, to parking areas, and to public streets and other
sidewalks. Pedestrian exits from all parking lots shall also be linked
to the sidewalk.
(2)
Street trees, screening and landscaping.
(a)
Landscaping shall be provided for in accordance with a landscaping
plan approved by the Planning Board. Plant species selected should
be hardy for the climate in Waterford and preferably native species.
Street trees shall be planted within planters or strips using a single
or alternating species aligned every 30 feet on center. Any dead or
dying tree shall be replaced by the applicant within two years from
the time of planting.
(b)
Detention basins, headwalls, outlet structures, flow channels
and other drainage improvements shall be screened with plant materials
and/or berms. In cases where these features are not architecturally
compatible, fencing can be used to screen the feature from the street
or adjacent properties, provided they are fully screened with vegetation
or a decorative fence style that is compatible with the character
of the neighborhood.
(c)
Maximum effort should be made to save existing, mature vegetation
that is on-site.
(3)
Lighting.
(a)
Lighting poles shall be post-style, with a maximum height of
18 feet.
(b)
In general, lighting poles shall be spaced at no greater than
80 feet on center.
(c)
All luminaires shall be full cutoff fixtures and shielded to
direct light downwards.
(d)
Traditional fixtures instead of shoebox-style fixtures are preferred.
Lighting fixtures attached to the exterior of a building shall be
architecturally compatible with the style, materials, colors, and
details of the building.
(e)
Non-color-corrected low-pressure sodium and mercury vapor light
sources are prohibited.
(f)
The Planning Board may require a lighting plan to illustrate
light levels at property lines as part of the site plan or special
use review process.
(4)
Building and lot layout.
(a)
One principal building is allowed along the road frontage.
(b)
One accessory building per lot is allowed, it shall be placed
to the rear or side of the principal building and set back at least
at the required building setback.
(c)
Front setbacks may be allowed by the Planning Board to match
that of existing, adjacent principal building setbacks if such change
increases consistency with neighborhood character. All other setbacks
shall conform to the dimension requirements of Table 2.
(d)
All dumpster or trash receptacles shall be placed to the rear
of a principal structure, or, if lot configuration is such that rear
access is not feasible, in the side yard, provided it is set back
the farthest possible distance from the frontage.
(e)
All facades shall be parallel to the street line.
(f)
Two-way vehicular entrances to parking lots, garages, and parking
structures shall be no wider than 24 feet at the frontage. One-way
entrances shall be no wider than 12 feet at the frontage.
(g)
Major modifications to the existing landscape, such as extensive
grading, clear-cutting of mature trees or other similar activities,
should be avoided to the extent possible.
(h)
Low-impact development (LID) for stormwater management shall be incorporated and shall use the New York State Stormwater Management Design Manual, and, in particular, Chapter 5 (Green Infrastructure Practices), Section 5.1 (Planning for Green Infrastructure: Preservation of Natural Features and Conservation Design).
(5)
Building design. Buildings shall generally relate in scale and
design features to the local context of the surrounding buildings,
and larger district area.
(a)
There shall be no blank and windowless walls along any street
frontage. The architectural treatment of the front facade shall be
continued, in its major features, around all visibly exposed sides
of a building. On side elevations, blank wall or service areas that
are visible from the public viewshed are not allowed.
(b)
No single building shall have a building footprint exceeding
20,000 square feet. All buildings having facades longer than 80 feet
shall be articulated to appear as multiple buildings or with offsets,
each part of which does not exceed a maximum building footprint of
80 feet. Building wall offsets, including projections, recesses, and
changes in floor level shall be used in order to add architectural
interest and variety, and to relieve the visual effect of a long wall.
Roofline offsets shall be provided in order to add architectural interest
and variety the massing of a building and to relieve the effect of
a single, long roof.
(c)
Buildings shall be located to front towards and relate to public
streets, both functionally and visually, to the greatest extent feasible.
Where the street frontage is not the functional front of the structure,
windows and building accessories on the structure shall be required
to make it appear visually as the front.
(d)
Where a mix of residential and commercial uses is allowed in
one structure, residential uses shall be placed to the rear or upstairs
of the commercial use. All ground-floor spaces facing the frontage
shall be the commercial use.
(e)
Gable roofs with a minimum pitch of 9/12 and hipped roofs of
6/12 shall be used to the greatest extent possible. Dead-flat roofs
are generally inconsistent with the existing character of the Town
and should be avoided. Where the size or type of the building requires
a flat roof, other architectural features shall be used to screen
or disguise the flatness of the roof.
(f)
All HVAC, stacks, pipes, and other utility structures shall
be thoroughly screened from view from the street and from adjacent
properties.
(g)
Where drive-through facilities are allowed, they shall be located
at the side or rear of buildings and landscaping should be used to
reduce the visibility of such facilities.
(h)
LEED (leadership in energy and environmental design) standards,
or an equivalent standard (or such others as may succeed them), are
encouraged to be incorporated into the building design.
(i)
Solar panels are permitted uses when placed on roofs in any
Commercial District.
A.
Certain related ancillary facilities may be permitted, either in
a separate building or in combination with structures containing senior
dwelling units. Such ancillary facilities shall be subordinate to
the residential character of the development. The following facilities
may be included as an integral part of a senior housing development:
B.
Senior housing units may include single-, two-family, townhouses,
multifamily or congregate housing, or any combination of these.
C.
The design of the senior housing shall, to the maximum extent practical,
emulate the rooflines, windows and doors, facades, and other features
similar to single-family dwellings and with the design of the surrounding
neighborhood.
D.
Design shall emphasize pedestrian circulation and shall provide a
safe system of drives and parking conveniently accessible to all occupants.
Sidewalks shall be provided to link parking lots, buildings, and existing
sidewalks. All ADA requirements for parking and sidewalk construction
shall be met.
A bed-and-breakfast facility may be within an owner-occupied
single-family dwelling subject to applicable special permit and site
plan approvals and compliance with the following standards:
A.
Each bed-and-breakfast establishment shall be designed, maintained
and operated so as to preserve and complement the residential appearance
of the site and the existing character of the surrounding area.
B.
A resident host of the property shall live on the site throughout
the visitors' stay and supervise guests so as not to disrupt the neighborhood.
C.
The guest rooms shall be limited to the principal dwelling.
D.
No guest shall stay for a period of time in excess of 30 days.
E.
The owner shall collect and preserve registration records for a minimum
of three years.
F.
A public dining room, restaurant, bar, or other commercial use is
prohibited in a bed-and-breakfast, except for the serving of breakfast
to guests.
G.
Off-street parking shall be available and located to the side or rear of principal structure outside of any required yard setback and shall be consistent with the residential character of the site. Parking shall be consistent with § 161-30.
H.
One identification sign is permitted, not to exceed four square feet in area and five feet in height and shall be otherwise in compliance with § 161-31.
I.
The owner shall give reasonable access for inspections to be conducted
to ensure compliance with the provisions of this chapter and the New
York State Building Code.
J.
No sleeping rooms for guest use shall be located above the second
story. A firesafety notice shall be affixed to the occupied side of
the entrance door of each bedroom for guest use, indicating means
of egress and evacuation procedures to be followed in the event of
a fire or smoke condition or upon activation of a fire or smoke-detecting
alarm device. All means of egress shall meet requirements of the Building
Code. Smoke-detecting alarms, installed in conformity with Building
Code, shall be provided outside each separate sleeping area, in each
sleeping space and on each floor level.
A.
Permitting and review process.
(1)
Required approvals. Solar panels that are rooftop- or ground-mounted,
for use by an individual residential dwelling or commercial building,
and with a rated capacity of 25 kW or less, that generate electricity
primarily for on-site consumption shall be permitted within the Town
of Waterford subject to the issuance of a unified solar permit granted
by the Town's Building Inspector. Such systems shall be subject to
any additional requirements in this chapter for such systems.
(2)
Solar farms, as defined in this chapter and with a rated capacity
of 5 MW or less, that generate electricity primarily for off-site
consumption shall be permitted in the R-Rural District only upon approval
of a special use permit by the Planning Board.
B.
General standards for solar energy systems. The following standards
shall apply to all solar panels permitted in the Town of Waterford.
(1)
All solar panels shall be designed, erected, and installed in
accordance with all applicable codes, regulations and industry standards
as referenced in the New York State Uniform Fire Prevention and Building
Code (the "State Code"), the New York State Energy Conservation Code
("Energy Code"), as well as those that may be required by Public Service
Commission regulations.
(2)
All solar panels shall be placed and arranged such that reflected
solar radiation or glare shall not be directed onto adjacent properties
or public roadways. To the extent practicable, solar panels shall
have a nonreflective finish and neutral paint colors, materials, and
textures to achieve visual harmony with the surrounding area.
(3)
Any on-site power lines connecting with solar panels shall,
to the maximum extent practicable, be underground installations.
(4)
The location, size and intensity of the proposed solar facility
shall be in harmony with the orderly development of the district.
The character and appearance of the proposed project shall be in general
harmony with the character and appearance of the surrounding neighborhood.
(5)
Nothing in this section shall be deemed to allow any applicant
the right to remove any trees, vegetation, or other obstruction located
on any real property over which said applicant does not have fee title.
C.
Rooftop solar panels.
(1)
Rooftop installations shall incorporate, when practicable, the
following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels 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.
(2)
Rooftop solar panels shall be designed according to New York
State Building Code to withstand heavy snow loads. Appropriate access
points required to maintain the solar panels and solar equipment in
proper working order shall be incorporated in all plans for installations
of rooftop solar panels.
(3)
Rooftop systems shall be designed at the scale required to generate
power for the reasonably projected on-site consumption by owners,
lessees, tenants, residents, or other occupants of the parcel on which
they are erected.
D.
Ground-mounted panels.
(1)
A parcel must have a minimum area of one acre in order for a
ground-system to be permitted.
(2)
The location of the ground-mounted system shall be at least
20 feet from any property line.
(3)
No ground-mounted system shall be permitted between the principal
building on the parcel and the fronting street or roadway.
(4)
The maximum height of the top edge of any solar panel shall
be 15 feet above ground level when the panel is oriented at a maximum
vertical tilt.
(5)
Ground-mounted systems shall be screened from adjoining residential
parcels and public rights-of-way through the use of architectural
features, earth berms, landscaping consisting of a naturally appearing
blend of deciduous and coniferous species, fencing or other features
which will harmonize with the character of the property and surrounding
area.
(6)
Ground-mounted systems shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property
to the north, while still providing adequate solar access.
(7)
Ground-mounted systems and their associated support elements
shall, at the time of installation, be designed according to New York
State Building Code to withstand snow loads and wind pressures applied
to exposed areas by snow or wind from any direction, to minimize the
migration of light or sound from the installation and to minimize
the development of sight obstructions for adjacent structures or land
parcels.
E.
Solar farms.
(1)
General requirements.
(a)
The parcel on which the solar farm is sited shall be a minimum
of three acres.
(b)
Solar farms shall be set back at least 300 feet from all property
lines. No component of any solar farm may be located within 150 feet
of any roadway, other than a private service road used solely for
access to the site of such energy system.
(c)
No more than 50% of the parcel shall be occupied by the entirety
of the solar farm.
(2)
Siting considerations.
(a)
It is a goal of the Town of Waterford to protect and preserve
natural features. Certain locations shall be considered more favorable
than other locations in siting solar farms. Solar farms shall be located
in such a manner as to avoid, to the maximum extent feasible, sensitive
environmental locations, such as wetlands, wetland buffers, streams
and canals, and steep slopes > 15%.
(b)
Development and operation of the system shall not have a significant
adverse impact on fish, wildlife or plant species or their critical
habitats or other significant habitats identified by the Town of Waterford
or other federal or state regulatory agencies.
(3)
Review by the Planning Board shall include, but not be limited
to:
(a)
Consideration of the requirements of this section;
(b)
Protection of the scenic values, neighborhood character, visual
qualities of Waterford's landscape and historic character;
(c)
The applicant shall also coordinate with local emergency responders
during Planning Board review to clarify on-site safety procedures
and shall receive written correspondence from the responding fire
department and emergency care provider as to the acceptability of
the proposed ingress to and egress from the site.
(4)
Application. In addition to requirements of Article XIII of this chapter, all applications to the Planning Board for a special use permit shall also include:
(a)
Plans and drawings of the solar farm installation signed by
a professional engineer registered in New York State showing the proposed
layout of the entire solar farm along with a description of all components,
whether on-site or off-site, existing vegetation, and proposed clearing
and grading of all sites involved. Property lines and physical features,
such as roads, shall be included on all plans and drawings.
(b)
An electrical diagram detailing the solar farm installation,
associated components and electrical interconnection methods, with
all National Electrical Code compliant disconnects and over-current
devices identified.
(c)
All existing and proposed access to the site, including road,
electric power, emergency access, land-based telephone line connection,
and other utilities existing and proposed within the property boundaries
of the proposed location. Existing roadways shall be used for access
to the site whenever possible and determined acceptable by the Planning
Board.
(d)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(e)
A landscape plan showing all existing natural land features,
trees, forest cover, and all proposed changes to these features, including
size and type of plant materials. The plan shall show any trees and/or
vegetation which is proposed to be removed for purposes of providing
greater solar access.
(f)
A property operation and maintenance plan that describes the
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(g)
A stormwater pollution prevention plan per New York State Department
of Environmental Conservation and Town of Waterford requirements to
detail stormwater runoff management and erosion control plans for
the site.
(h)
The Planning Board may require photo simulations showing the
proposed solar farm in relation to the building/site along the elevation
views and dimensions and manufacturer's specs and photos of the proposed
solar farm, solar collectors, and all other components. Additional
simulations may be required that include neighboring properties.
(i)
Details of the proposed noise that may be generated by inverter
fans. The Planning Board may require a noise analysis to determine
potential adverse noise impacts.
(j)
Part I of the full environmental assessment form (FEAF).
(k)
Proof of insurance. The applicant and the owners of the property
where the solar farm is to be located shall file with the Building
Department proof of insurance in a sufficient dollar amount to cover
potential personal and property damage associated with construction
and operation thereof as determined by the Planning Board.
(l)
Plan for post-construction maintenance of grounds and structures
and roadways. Such plan shall describe continuing photovoltaic maintenance
and property upkeep, such as mowing and trimming. Chemical control
of vegetation shall be minimized.
(m)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar farm.
Such information of the final system installer shall be submitted
prior to the issuance of a building permit.
(n)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar farm.
(o)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying use(s) of the land for the
duration of the project, including easement, decommissioning, and
other arrangements shall be submitted.
(p)
A decommissioning plan. In addition, the Planning Board may
require the posting of a removal bond to be held in escrow to provide
for the decommissioning of the solar farm.
(5)
Specific design standards.
(a)
Visual.
[1]
Accessory buildings and structures associated with
solar farms shall, to the maximum extent practicable, use materials,
colors and textures that will blend the facility into the existing
environment.
[2]
Any associated structure, such as but not limited
to storage batteries and fences, shall be screened, placed underground,
depressed, surrounded by an earthen berm, or sited below a higher
topographic grade or the ridgeline, particularly in areas of high
visibility and along road frontages.
[3]
Any solar farm located within one mile of an existing
solar farm shall be reviewed with the additional consideration of
the cumulative impacts.
(b)
Fencing.
[1]
Solar farms shall be enclosed by perimeter fencing,
with locking access gate, to prevent unauthorized access and vandalism
to the solar farm. The Planning Board may require fencing to accommodate
passage of small mammals.
[2]
The fence shall be a minimum of seven feet in height.
The height of the fence may be adjusted by the Planning Board considering
visual impact upon neighboring properties.
[3]
The type, material and color of perimeter fencing
shall be subject to approval by the Planning Board.
[4]
The perimeter fencing shall also be set back a
minimum of 100 feet from the front property line and 250 feet from
any other property line.
[5]
There shall be created and maintained between the
fence and the components, structures, or fixtures of the solar farm,
a clear and unobstructed buffer area at least 25 feet in width encircling
the entire perimeter of the facility, with a surface and grade suitable
for the safe passage of fire trucks and other emergency vehicles.
[6]
The fence shall be further screened by landscaping
needed to avoid adverse aesthetic impacts.
(c)
Glare. All solar farms and related equipment shall be surfaced,
designed, and sited so as not to reflect glare onto adjacent properties
and roadways.
(d)
Lighting.
[1]
A lighting plan shall be required for all solar
farms.
[2]
The lighting shall be designed to ensure that the
solar farms is dark-skies compliant.
[3]
Artificial lighting of solar farms shall be limited
to lighting required for safety and operational purposes and shall
be shielded from all neighboring properties and public roads.
(e)
Warning signage.
[1]
Manufacturer and/or installer's identification
and appropriate warning signage and twenty-four-hour emergency contact
information shall be posted at the site and clearly visible.
[2]
Solar energy equipment shall be marked with weather-resistant
marking to provide emergency responders with appropriate warning and
guidance with respect to isolating the solar electric system.
[3]
The marking shall be placed adjacent to the main
service disconnect in a location clearly visible from the location
where the disconnect lever is operated.
[4]
As required by National Electric Code (NEC), disconnect
and other emergency shutoff information shall be clearly displayed
on a light reflective surface.
[5]
A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
(f)
Utility connections. Utility lines and connections from a solar
farm shall be installed underground, unless otherwise determined by
the Planning Board for reasons that may include poor soil conditions,
topography of the site, and requirements of the utility provider.
Electrical transformers for utility interconnections may be above
ground if required by the utility provider.
(6)
Maintenance requirements.
(a)
Following construction of a solar farm, all disturbed areas
where soil has been exposed shall be reseeded with native grass and/or
planted with low-level native vegetation capable of preventing soil
erosion and airborne dust.
(b)
Native grasses and native vegetation, preferably pollinator
friendly, shall be maintained below and around the arrays.
(c)
The ground within the fenced perimeter of a solar farm installation
shall not be tamped, compressed, or otherwise specially conditioned
with herbicides, pesticides or similar other treatments to inhibit
the growth of natural vegetation.
(7)
Annual reports. The applicant shall provide the Town Building
Inspector on a yearly basis a report showing the rated capacity of
the solar farm and the amount of electricity that was generated by
the system and transmitted to the grid over the most recent twelve-month
period. The report shall also identify any change in ownership of
the solar farm and/or the land upon which the solar farm is located
and shall identify any change in the party responsible for decommissioning
and removal of the solar farm upon its abandonment. The annual report
shall be submitted no later than 45 days after the end of the calendar
year.
(a)
Every third year, the annual report shall also include a recalculation
of the estimated full cost of decommissioning and removal of the solar
farm. The Town may require an adjustment in the amount of the bond
to reflect any changes in the estimated cost of decommissioning and
removal. Failure to submit a report as required may be cause to require
decommissioning of the system.
(8)
Change in ownership. If the owner or operator of the solar farm
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes, in writing, all of the obligations of the original approval
and decommissioning plan. A new owner or operator of the solar farm
shall notify the Town of Waterford Building Inspector of such change
in ownership or operator within 30 days of the ownership change.
F.
Abandonment and decommissioning.
(1)
Required. If a solar farm ceases to perform its originally intended
function for more than 12 consecutive months, the solar farm shall
be deemed abandoned and the property owner shall notify the Town of
Waterford Building Inspector of the system's abandonment.
(2)
Responsible parties.
(a)
Any solar farm which has been abandoned shall be decommissioned
and removed in accordance with the decommissioning plan approved by
the Planning Board. The owner of the facility and owner of the land
upon which the system is located shall be jointly and severally responsible
to physically remove all components of the system within six months
of abandonment at the owner's expense. This obligation shall be binding
upon the applicant's, owner's, landowner's and/or operator's successors
and/or assigns for any solar farm. Upon such failure to either maintain
operation or decommission the system as provided for herein, the approvals
issued in relation to such system or facility shall terminate.
(3)
Objectives of decommissioning. The following requirements shall
be met for decommissioning:
(a)
Physical removal of all aboveground and below-ground equipment,
structures and foundations, including but not limited to all solar
arrays, buildings, security barriers, fences, electric transmission
lines and components, roadways and other physical improvements to
the site.
(b)
Any access roads created for building or maintaining the system
shall also be removed and replanted with vegetation. The site terrain
shall be restored and regraded, if necessary, to a condition generally
comparable to its original condition and replanted with native vegetation.
(c)
The site shall be restored to as natural a condition as possible
within six months of the removal of all equipment, structures and
foundations. Such restoration shall include, where appropriate, restoration
of the surface grade and soil after removal of all equipment and revegetation
of restored soil areas with native seed mixes.
(d)
Disposal of all solid and hazardous waste shall be in accordance
with local, state, and federal waste disposal regulations. Proof of
proper disposal and/or the manifest shall be submitted to the Planning
Board.
(e)
All safety hazards created by the installation and operation
of the solar farm shall be eliminated.
(f)
Removal of all components of a solar farm must be completed
in accordance with the approved decommissioning plan.
G.
Submission of decommissioning plan. The decommissioning plan shall
address those items listed in this section and shall include:
(1)
An estimate of the anticipated operational life of the system.
(2)
Identification of the party responsible for decommissioning.
(3)
Description of any agreement with the landowner regarding decommissioning.
(4)
Schedule showing the time frame over which decommissioning will
occur and for completion of site restoration work.
(5)
A cost estimate prepared by a qualified professional engineer,
estimating the full cost of decommissioning and removal of the solar
PV system. Cost estimates shall take into account inflation.
(6)
A financial plan to ensure that financial resources will be
available to fully decommission the site.
(7)
The Planning Board may, as a condition of approval, require
the posting of a removal bond in an amount adequate to provide for
the removal of the solar farm's structures and equipment and for restoration
of the site.
H.
Removal bond.
(1)
If a removal bond is required, the Planning Board shall require
a bond placed in an escrow account to ensure the removal of any solar
farm. The amount of the bond shall be 125% of the cost estimate prepared
by a qualified professional engineer, estimating the full cost of
decommissioning and removal of the solar farm.
(2)
In the event that the solar farm is not removed within six months
of becoming inactive or the site is not remediated and restored to
a condition approved by the Planning Board, the Town of Waterford,
by resolution of the Town Board after 30 days' written notice and
opportunity of the landowner and system operator to be heard, may
cause the same to be removed and the site remediated using the financial
security.
(3)
In the event that the system is not removed within six months
of abandonment and the site restored as required, the Town of Waterford,
after notice and hearing, may cause the same to be removed and the
site restored using the funds in such escrow account. All costs and
expenses incurred by the Town in connection with any proceeding or
work performed by the Town or its representatives to decommission
and remove a solar farm, including legal costs and expenses, shall
be reimbursed from the financial surety posted by the system owner
or landowner as provided in this section. Any costs incurred by the
Town for decommissioning and removal that are not paid for or covered
by the required surety, including legal costs, shall be assessed against
the property, shall become a lien and tax upon said property, shall
be added to and become part of the taxes to be levied and assessed
thereon, and shall be enforced and collected with interest by the
same officer and in the same manner, by the same proceedings, at the
same time and under the same penalties as are provided by law for
the collection and enforcement of real property taxes in the Town.
A.
Purposes. The purpose of this section is to promote the health, safety
and general welfare of the residents of the Town through the establishment
of standards to properly site wireless service facilities commercial
transmission towers and antennas through careful design, siting and
screening; to protect property values; to protect the physical appearance
of the community and to preserve its scenic and natural beauty; to
avoid potential damage to adjacent properties from tower failure through
proper engineering and careful siting of wireless services and commercial
mobile radio service facilities technology; to protect a citizen's
ability to receive communication signals without interference from
other communication providers while preserving competition among communications
providers; and to maximize the use of existing towers or antenna host
sites within prescribed districts so as to minimize the number and
visual impact of towers needed to serve the Town.
B.
ANTENNA
ANTENNA ARRAY
CO-LOCATION
FAA
FCC
HEIGHT
NIER
PERSONAL WIRELESS FACILITY
PERSONAL WIRELESS SERVICES or PWS or PERSONAL TELECOMMUNICATIONS
SERVICE or PCS
SMALL WIRELESS FACILITIES or SMALL CELL
(1)
(a)
(b)
(c)
(2)
(3)
STEALTH or STEALTH TECHNOLOGY
TELECOMMUNICATIONS
TELECOMMUNICATIONS STRUCTURE
WIRELESS TELECOMMUNICATIONS FACILITIES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency or other wireless signals.
Such shall include, but not be limited to, radio, television, cellular,
paging, personal telecommunications services (PTS), microwave telecommunications
and services not licensed by the FCC, but not expressly exempt from
the Town's sitting, building, and permitting authority.
One or more antennas used to provide wireless service.
The use of a Tower or other structure to support antennas
for the provision of wireless services without increasing the height
or size of the Tower or other structure. For purposes of clarification,
any application proposing to increase the height of the structure
to be attached to shall be deemed a new tower and not a co-located
facility.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
When referring to a Tower or other structure, the distance
measured from the preexisting grade level to the highest point on
the Tower or structure, even if said highest point is an antenna,
lightning protection device or any other apparatus attached to the
Tower or other structure.
Nonionizing electromagnetic radiation.
See definition for "wireless telecommunications facilities."
Shall have the same meaning as defined and used in the 1996
Telecommunications Act, including but not limited to commercial mobile
services, unlicensed wireless services and common carrier wireless
exchange access service.
Are defined as those meeting the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas; or
Are mounted on structures no more than 10% taller than adjacent
structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume; and
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume.
Minimizing adverse aesthetic and visual impacts on the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities, by using the least visually and physically
intrusive facility that is not technologically or commercially impracticable
under the facts and circumstances.
The transmission and/or reception of audio, video, data,
and other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
Includes a telecommunications tower, and tower, and telecommunications
site, and personal wireless facility; means a structure, facility
or location designated, or intended to be used as, or used to support,
antennas or other transmitting or receiving devices. This includes,
without limit, towers of all types and kinds and structures that employ
camouflage technology, including but not limited to structures such
as a multistory building, church steeple, silo, water tower, sign
or other structures that can be used to mitigate the visual impact
of an antenna or the functional equivalent of such, including all
related facilities, such as cabling, guy wires and associated anchors,
equipment shelters, and other structures associated with the site.
It is a structure and facility intended for transmitting and/or receiving
radio, television, cellular, paging, 911, personal telecommunications
services, commercial satellite services, microwave services and services
not licensed by the FCC, but not expressly exempt from the Town's
siting, building and permitting authority, excluding those used exclusively
for the Town's fire, police, or exclusively for private, noncommercial
radio and television reception and private citizen's bands, amateur
radio and other similar noncommercial telecommunications where the
height of the facility is below the height limit of 45 feet.
C.
Applicability. Wireless telecommunication facilities shall be allowed only upon approval of a special use permit by the Planning Board in all districts in the Town of Waterford. All new wireless telecommunication facilities in the Town of Waterford, except for small wireless facilities (SWF), shall be subject to these and all other applicable regulations and shall follow all requirements and procedures for a special use permit pursuant to Article XIII, Special User Permits, of this chapter. Small wireless facilities shall be regulated pursuant to the Town of Waterford Wireless Communications Facilities Master License Agreement and the Town of Waterford small wireless facilities aesthetic design standards.
(1)
No telecommunications tower as defined in this section shall
hereafter be used, erected, moved, reconstructed, changed, or altered
unless in conformity with these standards and procedures. No existing
structure shall be modified to serve as a telecommunications tower
unless in conformity with these standards and procedures.
(2)
The standards and procedures shall apply to all property within
the Town of Waterford.
D.
Application requirements. Any application for a wireless telecommunications facility shall include the following information in addition to such application requirements pursuant to Article XI:
(1)
Documentation that demonstrates the need for the wireless telecommunications
facility to provide service primarily and essentially within the Town.
Such documentation shall include, but not be limited to, propagation
studies of the proposed site and all adjoining planned, proposed,
in-service or existing sites as requested by the Planning Board or
its designee and shall show the service area and signal strength relationship
between the proposed site and the adjoining planned, proposed, in-service
or existing sites;
(2)
The name, address and phone number of the person preparing the
application;
(3)
The name, address, and phone number of the property owner, operator,
and applicant, and to the legal status of the applicant;
(4)
The postal address, 911 lot number and tax map parcel number
of the property;
(5)
The zoning district in which the property is situated;
(6)
The size of the property, stated both in square feet and lot
line dimensions, and a diagram showing the location of all lot lines.
A survey is required by a licensed New York State land surveyor, or
qualified licensed New York State engineer;
(7)
A copy of the property deed and any easements or restrictions.
(8)
The location of the nearest residential structure and all property
owners within 500 feet from the proposed site.
(9)
The location, size, and height of all structures on the property
which is the subject of the application;
(10)
The location, size and height of all proposed and existing antennas
and all appurtenant structures;
(11)
The types, locations and dimensions of all proposed and existing
landscaping, vegetation and fencing;
(12)
The number, type and design of the tower and antenna(s) proposed
and the basis for the calculations of the Tower's capacity to accommodate
multiple users;
(13)
The make, model and manufacturer of the tower and antenna(s);
(14)
A description of the proposed tower and antenna(s) and all related
fixtures, structures, appurtenances and apparatus, including height
above preexisting grade, materials, colors, and lighting;
(15)
The frequency, modulation, and class of service of radio or
other transmitting equipment;
(16)
The actual intended transmission and the maximum effective radiated
power of the antenna(s);
(17)
Direction of maximum lobes and associated radiation of the antenna(s);
(18)
Certification that the NIER levels at the proposed site are
within the threshold levels adopted by the FCC and the provision of
the calculations used to determine the cumulative NIER levels.
(19)
Certification that the proposed antenna(s) will not cause interference
with other telecommunications devices;
(20)
Copy of the FCC license applicable for the intended use of the
wireless telecommunications facilities;
(21)
Certification that a topographic and geomorphologic study and
analysis has been conducted and that, considering the substrata and
the proposed drainage plan, the site is adequate to assure the stability
of the proposed wireless telecommunications facilities, as designed,
on the proposed site.
(22)
Payment of an application fee as set forth by the Town Board.
E.
Development standards.
(1)
All proposed telecommunication towers and accessory structures
shall be set back from abutting parcels, established hiking trails,
recorded rights of way, and street lines a distance sufficient to
substantially contain on-site all icefall or debris from tower failure
and preserve the privacy of any adjoining residential properties.
(2)
Lot size of parcels containing a tower shall be determined by
the amount of land required to meet the setback requirements.
(3)
Telecommunications towers shall comply with all existing setback
requirements of site plan review (if applicable) or shall be located
with a minimum setback from any property line equal to 1 1/2
of the height of the tower, whichever is greater.
(4)
The maximum height of any new tower shall not exceed that which
shall permit operation without artificial lighting of any kind or
nature, in accordance with municipal, state, and or federal law and
or regulation. The Planning Board at its discretion may modify this
requirement if the applicant can justify the need to exceed this height
limitation. Artificial lighting may be required by the Federal Aviation
Administration depending on the tower's height and location.
(5)
No sign larger than four square feet shall be permitted and
such sign shall provide notification to persons in the immediate area
of the presence of an antenna that has radio frequency (RF) or microwave
transmission capabilities and shall contain the name(s) of the owner(s)
and operator(s) of the antenna(s) as well as emergency phone number(s).
The sign shall be on the equipment shelter or cabinet of the applicant
and be visible from the access point of the site and must identify
the equipment owner of the shelter or cabinet. The sign shall not
be lighted, unless lighting is required by applicable law, rule, or
regulation. No other signage, including advertising, shall be permitted.
(6)
Wireless telecommunications facilities shall contain a demonstration
that the facility will be sited so as to be the least visually intrusive
reasonably possible and thereby have a minimal adverse visual effect
on the environment and the nature and character of the community,
existing vegetation, and on the residents in the area of the wireless
telecommunications facility. The Planning Board may require the applicant
to undertake a visual impact assessment which may include:
(a)
At times set by the Planning Board, and to be announced in the
local paper, a three-foot or larger diameter brightly colored balloon
floated at the maximum height and location of proposed tower, at least
twice, once during the week and once during the weekend.
(b)
Pictorial representations of "before and after" views from key
viewpoints both inside and outside of the Town as may be appropriate,
including but not limited to state highways and other major roads;
state and local parks; other public lands; historic districts; preserves
and historic sites normally open to the public; and from any other
location where the site is visible to a large number of visitors,
travelers, or residents. Pictorial representations should be taken
at a location from which the view of the proposed tower is not obstructed.
(c)
A "zone of visibility map" in order to determine locations where
the tower may be seen.
(d)
Assessment of alternative tower designs and color schemes, as
described below.
(e)
Assessment of the visual impact of the tower base, guy wires,
accessory buildings and overhead utility lines from abutting properties
and streets.
(f)
Unless specifically required by other regulations, a tower shall
have a finish (either painted or unpainted) that minimizes its degree
of visual impact.
(g)
Accessory structures shall maximize the use of building materials,
colors and textures designed to blend with the natural surroundings.
(h)
No portion of any tower or accessory structure shall be used
for a sign or other advertising purpose, including but not limited
to company name, phone numbers, banners, and streamers.
(7)
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees exceeding four
inches in diameter (measured to a height of four feet off the ground),
shall take place after the initial application, unless approved as
part of the final site plan. If the visual impact analysis reveals
that there is vegetation on or adjacent to the project site that must
be retained for screening of the proposed tower or facility, the applicant
shall document how such vegetation will be protected throughout the
operational life of the facility.
(8)
Screening. Deciduous or evergreen tree plantings may be required
to screen portions of the tower and accessory structures from nearby
residential property as well as from public sites known to include
important views or vistas. Where a site abuts a residential property
or public property, including streets, screening shall be required.
(9)
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
construction shall, at all times, minimize ground disturbance and
vegetation cutting to within the toe of fill, the top of cuts, or
no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
(10)
Parking. Parking shall be provided to assure adequate emergency
and service access. The Planning Board shall determine the number
of required spaces based upon a recommendation from the applicant.
No parking spaces shall be located in any required yard.
(11)
Fencing. The tower and any accessory structures shall be adequately
enclosed by a fence, the design of which shall be approved by the
Planning Board. This requirement may be waived by the Planning Board
if the applicant demonstrates that such measures are unnecessary to
ensure the security of the facility.
(12)
To the extent that the holder of a special use permit for wireless
telecommunications facilities has not received relief or is otherwise
exempt from appropriate state and/or federal agency rules or regulations,
the holder of a special use permit issued by the Town of Waterford
shall adhere to, and comply with, all applicable rules, regulations,
standards, and provisions of any state or federal agency, including,
but not limited to, the FAA and the FCC. Specifically included in
this requirement are any rules and regulations regarding height, lighting,
security, and electrical and radio frequency (RF) emission standards.
F.
Shared use and co-location. At all times, shared use of existing
structures (for example, municipal water towers, steeples, multistory
buildings, etc.) and existing or approved towers shall be preferred
to the construction of new towers. The applicant shall submit a comprehensive
report inventorying existing towers and other suitable structures
within five miles of the location of any proposed new tower, unless
the applicant can show that some other distance is more reasonable,
and demonstrate conclusively why an existing tower or other suitable
structure cannot be used.
(1)
An applicant proposing to co-locate on an existing structure
that is not a telecommunications structure shall be required to submit
to the Planning Board:
(a)
A completed application;
(b)
Documentation of intent from the owner of the existing facility
to all shared use;
(c)
A site plan showing all existing and proposed structures and
improvements, including antennas, roads, buildings, guy wires and
anchors, parking and landscaping, including grading plans for new
facilities and roads. Any methods used to conceal the modification
of the existing facility shall be indicated on the site plan;
(d)
An engineer's report certifying that the proposed shared use
will not diminish the structural integrity and safety of the existing
tall structure, and explaining what modifications, if any, will be
required in order to certify the above;
(e)
A completed short environmental assessment form (EAF); and
(f)
A copy of its Federal Communications Commission (FCC) license.
(2)
Shared usage of an existing tower site. Where shared use of
existing tall structures, and existing or approved towers is found
to be impractical, the applicant shall investigate shared usage of
an existing tower site for its ability to accommodate a new tower
and accessory uses.
(3)
New towers; future shared use. The applicant shall design a
proposed new telecommunications tower to accommodate future demand
for reception and transmitting facilities. The applicant shall submit
to the Planning Board a letter of intent committing the owner of the
proposed new tower, and his/her successors in interest, to negotiate
in good faith for shared use of the proposed tower by other telecommunications
providers in the future. This letter shall be filed with the Building
Inspector prior to issuance of a building permit. Failure to abide
by the conditions outlined in the letter may be grounds for revocation
of the permit. The letter shall commit the new tower owner and his/her
successors in interest to:
(a)
Respond within 90 days to a request for information from a potential
shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared
use of a new tower by other telecommunications providers.
(c)
Allow shared use of the new tower if another telecommunications
provider agrees, in writing, to pay reasonable charges. The charge
may include, but is not limited to, appropriate share of the cost
of site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
G.
Retention of expert assistance and reimbursement to the Town.
(1)
The Planning Board may retain consultants and/or experts necessary
to assist the Town in reviewing and evaluating the application, including
the construction and modification of the site, once permitted, and
any requests for recertification.
(2)
An applicant shall deposit with the Planning Board funds sufficient
to reimburse the Town for all reasonable costs of consultant and expert
evaluation and consultation to the Town in connection with the review
of any application, including the construction and modification of
the site, once permitted.
H.
Maintenance, monitoring and evaluation of compliance. All facilities
shall be maintained to acceptable industry standards. The Planning
Board may require any of the following conditions to ensure ongoing
maintenance of the facility:
(1)
Ongoing periodic monitoring of microwave emissions by an independent
agency.
(2)
Ongoing structural inspections.
(3)
Liability insurance covering the applicant who shall provide
annually to the Town Clerk a certificate of such insurance.
(4)
An initial cash bond posted in a reasonable amount determined
and approved by the Planning Board. This bond shall be in force to
cover the costs of the remediation of any damage to the landscape
which occurs during the clearing of the site, and to cover the cost
of the removal of the tower from the site and remediation of the landscape
should the tower cease to operate.
(5)
Prior to issuance of a building permit of wireless telecommunications
facilities, the applicant and the owner of record of any proposed
wireless telecommunications facilities site shall, at its cost and
expense, be jointly required to execute and file with the Planning
Board cash or other form of security acceptable to the Planning Board
as to type of security and the form and manner of execution, in an
amount of at least $10,000 and with such sureties as are deemed sufficient
by the Planning Board to assure the faithful performance of the terms
and conditions of this section and conditions of any special use permit
issued pursuant to this chapter. The full amount of the security shall
remain in full force and effect throughout the term of the special
use permit and/or until any necessary site restoration is completed
to restore the site to a condition comparable to that which existed
prior to the issuance of the original special use permit.
I.
Removal. The applicant shall submit to the Planning Board a letter
of intent committing the tower owner, and his or her successors in
interest, to notify the building inspector within 30 days of the discontinuance
of use of the tower. This letter shall be filed with the Building
Inspector prior to issuance of a building permit (assuming the telecommunications
tower is approved according to this section). Obsolete or unused towers
and accessory structures shall be removed from any site within four
months of such notification. The Town may require the applicant to
post a bond for future removal. All towers and accessory structures
unused for a period of one year shall be deemed abandoned and the
Town may remove the tower and place the cost of removal as a lien
on the tax rolls if unpaid.
J.
Intermunicipal notification for new towers. In order to keep neighboring
municipalities informed, and to facilitate the possibility of directing
that an existing tall structure or existing telecommunications tower
in a neighboring municipality be considered for shared use, and to
assist in the continued development of county 911 services, the Planning
Board shall require that:
(1)
An applicant who proposes a new telecommunications tower shall
notify, in writing, the legislative body of each municipality that
borders Waterford, the Saratoga County Planning Board, and the Director
of Saratoga County Emergency Services. Notification shall include
the exact location of the proposed tower and a general description
of the project, including, but not limited to, the height of the tower
and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted to the
Planning Board at the time of the application.
K.
Notification of nearby landowners. The applicant shall be required
to mail notice of the public hearing directly to all landowners whose
property is located within 500 feet of the property line of the parcel
on which a new tower is proposed. Notice shall also be mailed to the
administrator of any state or federal parklands from which the proposed
tower would be visible if constructed. Notification, in all cases,
shall be made by certified mail. Documentation of this notification
shall be submitted to the Planning Board prior to the public hearing.
A.
The home occupation must be clearly incidental and subordinate to
the residential use.
B.
No home occupation shall generate traffic volumes or increased traffic
hazards than would normally be expected in a residential district.
C.
All minor and major home occupations shall be conducted by a person
living on the property in which the person must be a resident in order
to operate the home occupation.
D.
Minor home occupations shall employ no more than one nonresident
in addition to the home occupant and resident family members working
in the home occupation. No more than four nonresident employees may
be allowed with a major home occupation.
E.
No more than 25% of the existing gross floor area of the principal
structure shall be devoted to a minor or major home occupation. No
accessory structure used for a home occupation shall exceed 600 square
feet.
F.
There shall be no display of goods or wares visible from the street.
G.
One sign, not exceeding two square feet in size per side, shall be
allowed for minor home occupations. One sign, not exceeding four square
feet in size per side, shall be allowed for a major home occupation.
No sign for any home occupation shall be illuminated.
H.
The home occupation shall not be objectionable or detrimental to
the residential character of the neighborhood because of the exterior
appearance, traffic, emission of odor, gas, smoke, dust, noise, electrical
disturbance, light emissions, or in any other way. No noises exceeding
55 decibels at the property line shall be generated when a home occupation
is located in any residential district.
I.
Major home occupations may have exterior storage of materials or
equipment, provided they are fully enclosed within a structure, such
as a shed or garage, and located to the side and rear of the principal
structure. All setbacks and other requirements for accessory structures
shall be met.
J.
Minor home occupations shall be allowed in a two-family or multifamily
dwelling, provided all requirements of this section can be met and
the minor home occupation shall in no way become objectionable or
detrimental to any residential use within the structure. Major home
occupations shall not be permitted in any two-family or multifamily
dwelling.
K.
The residential character of any structure used for a minor or major
home occupation shall be maintained.
L.
Occupations such as those that require heavy-duty equipment or trucks,
such as landscaping, freight, trucking, and more intense uses such
as restaurants, tool or equipment rental, veterinary hospitals or
kennels, and others of a similar nature, shall not be considered a
minor or major home occupation.
N.
Not more than one commercial vehicle in connection with such home
occupation shall be stored on the premises.
O.
Retail sales shall be limited to goods made and/or prepared on site
except for those major home occupations located in a commercial or
manufacturing district.
