A.
Prohibition against the exploration for or extraction of natural
gas and/or petroleum. No land in the Town shall be used to conduct
any exploration for natural gas and/or petroleum; to drill any well
for natural gas and/or petroleum; to transfer, process or treat natural
gas and/or petroleum; or to dispose of natural gas and/or petroleum
exploration or production wastes; or to erect any derrick, building,
or other structure; or to place any machinery or equipment for any
such purposes.
B.
Prohibition against the storage, treatment and disposal of natural
gas and/or petroleum exploration and production materials. No land
in the Town shall be used for the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production
materials.
C.
Prohibition against the storage, treatment and disposal of natural
gas and/or petroleum exploration and production wastes. No land in
the Town shall be used for the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production
wastes.
D.
Prohibition against natural gas and/or petroleum extraction support
activities. No land in the Town shall be used for natural gas and/or
petroleum extraction support activities.
A.
Home occupations are an accessory use allowed as per Appendix A,
Schedule of District Use and Bulk Regulations.[1] A home occupation which involves retail sales are permitted
by special use permit approval of the Planning Board, provided the
Board finds that the home occupation will not detract from the residential
character, appearance (handicapped access notwithstanding), or makeup
of the neighborhood in which the business is located. The Planning
Board shall consider the need a business may have for advertising
and display, traffic generation, and other operational characteristics
to ensure it does not adversely impact the surrounding neighborhood.
The following factors shall be used to determine if a home occupation
will comply with this section. The determination can be made on anyone,
or a combination, of these factors and shall be made by the Code Enforcement
Officer, who may consult the Planning Board in making such determination.
The Code Enforcement Officer shall determine whether the business
is a retail use, which shall then be subject to Planning Board special
use permit approval.
(1)
Extent of the business. Whether or not the residential use remains
the principal use of the property. Factors that shall be used to determine
the principal use of the property shall include, but are not limited
to, the area of the property used for the business and the amount
of time the business is operated on a daily basis. Employees on site
shall be limited to two other than immediate family members. No more
than 500 square feet of any dwelling shall be used for a home occupation.
(2)
Appearance from an adjacent street. Whether or not the use of the
property as a business is distinguishable from an adjacent street.
Except for a nonilluminated, permanent identification sign no larger
than six square feet in size attached to the principal building and
occasional deliveries, there shall be nothing that occurs on the property
that can be observed from adjacent streets that make it readily apparent
that a business is being operated on the premises. In cases where
the principal building is obscured from the street, or the structure
is set back more than 50 feet from the property line, a nonilluminated
ground sign not to exceed 12 square feet may be used. Factors for
evaluating this standard shall be that the residential dwelling not
be altered to change its residential appearance, and no activity related
to the conduct of the home occupation shall be permitted to occur
in such a manner as to be obtrusive to the neighborhood, attract attention
to the business or adversely impact the residential character of the
neighborhood. No such sign shall impede driver sight distance.
(3)
Impact on the neighborhood. Whether or not the business activity
could cause a nuisance to surrounding property owners, adversely impacting
the peace, health, or safety of neighborhood residents, or deviates
from the residential character of the neighborhood. Factors for evaluating
this standard shall be:
(a)
Traffic. Whether or not the business is generating traffic that
is excessive and/or detrimental to the neighborhood. A home occupation
will be allowed to generate no greater than 25 vehicle trips per day,
based on estimates provided by the Institute of Transportation Engineers.
However, based on the characteristics of a specific neighborhood,
these amounts may be lowered or raised at the discretion of the Planning
Board. The factors which shall be used for such a determination include,
but are not limited to, pertinent characteristics of the neighborhood
such as width of properties, width of the streets, hills, curves,
and the number of children present.
(b)
Parking. Whether or not parking problems could result from the
business use. Factors which shall be used to evaluate this criteria
include, but are not limited to, the following:
[1]
Parking required for the business shall be provided on site;
[2]
Parking on the property shall be on a surface equal in quality
to the paving surface of any existing driveway, unless there is no
surface other than the ground, in which case a gravel shall be provided
at a minimum; and
[3]
No home occupation shall be permitted which requires parking
of tractor trailer combinations along the street on a continuing basis.
(c)
Nuisance. Whether or not the business activity is causing a
nuisance to surrounding property owners or is deviating from the residential
character or appearance of the neighborhood.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
No home occupation, having once been permitted or established, shall
be added to, expanded, enlarged or otherwise increased or changed
substantially in character without complying with this chapter, and
such permission or establishment shall not be a basis for a later
application to establish a principal commercial use. Moreover, the
conversion of a residence with a home occupation to a commercial use
by the abandonment of the residence or sale, rent or transfer of the
business to a party that does not reside on site is strictly prohibited
unless the business is then moved off site.
C.
Home occupations involving the use of contractor equipment (e.g.,
lawn maintenance and landscaping business) and similar enterprises
requiring storage of materials or equipment shall provide inside storage
area for all such materials and equipment, which such inside storage
area shall be confined to the principal building or an accessory building
not exceeding 25% of the habitable area of the principal building.
A.
Findings. The Town Board of the Town of Wawarsing hereby finds the
need for affordable housing warrants the establishment of a system
by which specific incentives or bonuses are granted for this purpose.
The Town Board further finds several social benefits will inure to
the community the need for affordable housing being an inherent element
of the Town Comprehensive Plan. These benefits include the ability
to accommodate the location, within the Town, of first-time homebuyers
and households otherwise transitioning to home ownership and encouragement
of property maintenance from the assuming of household ownership responsibilities.
This section, pursuant to the authority of § 261-b of the
New York State Town Law, offers adjustments in the permissible population
density, area, height, open space, use, and other provisions of this
chapter for the specific purpose of encouraging long-term development
of affordable owner-occupied housing. This section also supersedes
§ 261-b of the Town Law so as to not only offer a system
of bonuses and incentives for affordable housing, but also to mandate
its use in the case of owner-occupied residential dwelling projects
of 25 dwelling units or more in total. All new residential dwelling
projects or project additions of 25 or more cumulative dwelling units
hereafter created on the same parcel of land or as part of a common
scheme or plan of development shall provide for affordable housing
as set forth herein. These affordable housing provisions shall not
apply to dwelling units associated with a PRRD or to mobile home parks.
B.
Definition. Affordable housing shall consist of owner-occupied dwelling units marketed at a net affordable purchase price (NAPP), including all fees, which price shall be approved by the Town Board and deliver a unit affordable to a household earning 100% of the median family income as defined in Subsection H, assuming no more than 30% of income being devoted to housing expenses. Floor area, for this purpose, shall not include decks and patios. Floor area shall also not include separate building storage areas, separate building mechanical space and common areas, all of which shall be considered common area and not considered in the purchase price.
C.
Administration. The Town Board shall administer the system of bonuses,
incentives and requirements provided herein for affordable housing.
It shall bear responsibility, also, for adjusting the definition of
affordable housing as provided herein, establishing the income limits
pertaining to this program, assuring compliance with these requirements,
administering associated programs and otherwise promoting affordable
housing in the Town of Wawarsing. The Town of Wawarsing Planning Board
shall also apply these requirements in reviewing and approving subdivision
and site plans for new housing projects subject to this section.
D.
Minimum allocation. A minimum of 10% of the dwelling units in new
residential projects or subdivisions of 25 or more cumulative dwelling
units in total on the same parcel of land, or part of a common scheme
or plan of development, shall be dedicated to affordable housing units
as defined herein. Fractional units shall be addressed using the payments-in-lieu-of
provisions herein. Such units shall be marketed to eligible households,
as defined herein, and at the NAPP set forth above. Any rental units
created subsequent to adoption of this section and thereafter offered
for sale as individual units shall also be subject to these requirements.
The Town Planning Board, in approving new rental projects, shall require
the adoption of deed covenants so restricting any future sale of such
rental units.
E.
Quality and size of units. Affordable housing dwelling units shall
be of a comparable construction quality and appearance to other dwelling
units in a given project that are not marketed as affordable housing.
Purchasers must accept units in a basic as-depicted physical condition
conforming to submitted plans, provided they meet New York State building
standards, the standards of this section and other zoning requirements.
Purchasers shall be entitled to no modifications except as may be
required by law for handicapped access. Moreover, developers of affordable
housing shall not comply with purchaser requests for any extra options
or upgrades to be financed by the developer, the purchasers of such
units, or others. All affordable units shall be fully ready to occupy,
except for appliances, prior to sale.
F.
Review and approval. Prior to the approval of any affected subdivision
or issuance of a building permit, the Town of Wawarsing Planning Board
shall review and approve the subdivision, site and building plans
to ensure the project meets the requirements of this section. Prior
to issuance of any certificate of occupancy, all requirements of this
section shall be met. Any certificate of occupancy issued without
compliance with this chapter shall be null and void. The seller of
any unit without a valid certificate of occupancy shall be liable
in damages resulting from the lack of such certificate.
G.
Bonuses and incentives. The Town of Wawarsing Planning Board is hereby
authorized to modify, when reasonable, with respect to subdivision
and site plans for residential subdivisions and multifamily dwelling
projects, the lot area, lot width and/or lot depth requirements provided
in this chapter. Such authority shall be limited to a maximum of 20%
of the residential lots created and be further limited to those lots
restricted to development for affordable housing, which shall be of
the same type as the remainder of the subdivision or project (e.g.,
multifamily dwellings would not be permitted in a single-family development).
H.
Offering of affordable housing units. Affordable housing units shall
be marketed, for owner-occupied housing only, to households approved
for eligibility by the project owner or developers subject to provisions
of this chapter and such additional guidelines as may be promulgated
by the Town Board. Eligibility shall be limited to proposed owner
households with combined earned and unearned income, averaged for
the three most recent years, of less than 100% of latest median family
income for the Town of Wawarsing, as estimated by the U.S. Department
of Housing and Urban Development, provided that the Town Board may
employ an alternate measure of income if this estimate does not coincide
with more recent local trends or other evidence. The Town Board may
also, based upon surveys of community housing needs, develop a system
of owner-occupant selection priorities to be implemented and used
by the project developer or owner in selecting owner-occupants.
I.
Verification. The Town Board may develop procedures and such implementing
regulations as may be appropriate for this affordable housing program.
The project owner or developer shall take applications, verify eligibility
through documentation of income and otherwise assure compliance with
the occupancies of affordable housing units provided under these regulations.
Prior to the issuance of a certificate of occupancy for any affordable
housing unit, the builder or developer shall provide the Town of Wawarsing
Building Department with adequate evidence of sale to qualified households
at the required price.
J.
Marketing of units. The project owner/developer shall determine whether
a household is eligible for affordable housing provided hereunder
and shall formally reply, in writing, to all applicants for such housing.
Affordable housing unit availability shall be advertised in a newspaper
of general circulation in the Town of Wawarsing at least 30 days prior
to the units being offered for sale. Such newspaper shall include
one designated or approved by the Town Board. Notice of the same shall
concurrently be given, in writing, to the Town Board.
K.
Complaints. Any person aggrieved by the decision of an owner/developer
in application of the eligibility and owner-occupant selection criteria
or by the owner/developer's noncompliance with the standards of this
section may file a written complaint with the Town Board for a review
of the owner/developer's conformance to the standards of this chapter,
provided that such complaint is filed within 30 days of the owner/developer's
action. The owner/developer shall be entitled to a copy of the complaint.
The Town Board shall make a finding with respect to any such complaint
within 60 days of receipt and upon finding may, in its sole discretion,
pursue such administrative or other civil remedies as may be available
to it by law, including but not limited to qualifying the applicant
for future housing, requiring the owner/developer to make additional
affordable units available or the filing of a lien for the value of
the affordable housing not properly provided in accordance with this
section.
L.
Resales of units. The purchaser of any affordable housing unit shall,
for a period of 15 years following purchase, be obligated to resell
such unit only to another household eligible, under these regulations,
for affordable housing, except as provided below for market-rate sales.
Notwithstanding this provision, an owner/developer may retain a right
of first refusal with respect to such units, provided that they are
subsequently resold only for affordable housing pursuant to this chapter.
However, rentals of such units shall not be permitted under any circumstances,
by either the developer/owner or affordable housing purchaser.
M.
Market-rate sales. Any sales within the 15 years shall be to other
income-qualified households in the form of affordable housing as provided
hereunder. Sellers shall in such instance be entitled to retain equity
gained thereby, provided the unit is resold at the current affordable
housing price as determined by the Town Board for the year in question.
Should sale to income-qualified households not be possible, units
may, with the approval of the Town Board, be sold on the open market
subject to a payment to the Town of Wawarsing Affordable Housing Fund
in an amount equal to the sale price less the base (original sale)
price divided by 15 and multiplied by such number of years, to the
nearest quarter, that occupancy fell short of the 15 years required.
The base price may include up to 5% for approved improvements made
to the unit and an adjustment for inflation based upon the consumer
price index.
N.
Redevelopment fees. Open-market sales that take place within 15 years
shall be subject, also, to a redevelopment fee of $5,000 for each
and every full year less than 15 that the unit is owned by the original
purchaser, up to maximum of $75,000. Such redevelopment fee shall
be paid to the Town of Wawarsing Affordable Housing Fund for use in
making additional affordable housing available within the Town. The
Town Board shall have authority to waive or reduce this redevelopment
fee in instances of documented hardship due to sudden changes in family
situations or for other good cause, but shall be under no obligation
to do so.
O.
Downpayments. No sales agreement for an affordable housing unit subject
to this section shall require a down payment of more than 20% of the
purchase price from an eligible household.
P.
Affordable Housing Fund. There is hereby created, pursuant to § 10
of the New York State Municipal Home Rule Law, a Town of Wawarsing
Affordable Housing Fund for the purpose of providing affordable owner-occupied
housing for income-qualified households. Such fund shall be a segregated
municipal fund controlled by the Town Board and used exclusively to
provide for the acquisition, planning, construction, improvement,
sale or resale, subsidy or other legal means of creating more owner-occupied
affordable housing for income-qualified households within the Town
of Wawarsing. Deposits into the fund may include revenues of the Town
from all authorized sources approved by the Town Board and shall include,
at a minimum, all revenues from payments and fees collected by the
Town pursuant to this section. The fund shall also be authorized to
accept gifts. Interest accrued by monies deposited in the fund shall
be credited to the fund. In no event shall monies deposited in the
fund be transferred to any other account unless determined to be in
furtherance of the affordable housing goals of the Town.
Q.
Previously approved projects. This section shall not apply to site
plans and subdivisions given conditional or full preliminary approval
by the Town of Wawarsing Planning Board prior to its enactment.
R.
Payments in lieu of affordable housing. The Town Board may, in its
sole discretion, agree to exempt a given project from affordable housing
requirements where practical difficulties having to do with the physical
nature of the site involved would make the provision of such additional
units economically or physically impractical. The developer, in such
instance, shall pay the Town a redevelopment fee in lieu of the minimum
allocation of affordable housing units or such portion thereof as
is not provided. Such fee shall be annually established by the Town
Board based upon the cost of replacing the affordable housing elsewhere
plus any additional development costs associated with relocation.
Fees in lieu of affordable housing shall be deposited into the Affordable
Housing Fund. The Town Board shall review and may adjust this redevelopment
fee on at least an annual basis. The Town Board may also, in its sole
discretion, agree to accept, as an alternative to such redevelopment
fee, the provision, by the developer, of affordable housing units
located elsewhere within the Town of Wawarsing. Such units shall otherwise
meet all standards herein with respect to affordable housing, including
but not limited to the quality of the units. Such units shall also
require approval of the Town of Wawarsing Planning Board and be processed
prior to or simultaneously with the review and approval of the market-rate
units. Any approval of the market-rate units shall be conditioned
upon the prior start of construction and imposition of affordable
housing restrictive covenants with respect to the affordable housing
units. The Town Board may also require the posting of a financial
guarantee to ensure the timely construction and offering of affordable
housing units no later than the market-rate units.
S.
Enforcement. All affordable housing sales agreements shall include
restrictive covenants that ensure the enforceability of the above
requirements. Such covenants shall survive the sales transactions,
be inserted in deeds and include language setting forth that such
restrictive covenants shall run until released by the Town Board.
No certificates of occupancy shall be issued until such deed restrictions
are recorded. The Town shall be represented at all closings for these
purposes. The Town Board is further authorized to place liens on affected
properties as may be required to enforce the provisions of this section
and collect any amounts due the Town as provided herein. Release of
any such liens shall require Town approval. Compliance with this section
may be enforced by the Town, and the cost to the Town of such enforcement
may be assessed, levied, and collected in the same manner as Town
taxes.
T.
Modifications and waivers. The standards provided herein for affordable
housing shall be reviewed and may be modified from time to time by
resolution of the Town Board to accommodate unique innovative projects
that offer significantly greater value to households needing affordable
housing. The Town Board may, following public hearing, also waive
specific requirements of this section where the imposition of such
provisions would cause undue hardship as a result of unique physical
circumstances or frustrate the ability to provide affordable housing
as intended. The Town Board shall, in all such circumstances, ensure
any modifications or waivers serve to further the goal of providing
affordable housing in the Town of Wawarsing.
A.
Purpose. These regulations are enacted for the purpose of establishing minimum health and safety standards for junkyards in the Town of Wawarsing as well as controlling their location. They are enacted pursuant to the authority granted Towns by § 136 of the General Municipal Law and § 112-65 of this chapter.
B.
Applicability. These regulations shall apply to all preexisting junkyards.
Junkyards are otherwise a prohibited use and shall not be established
in the Town of Wawarsing. No junkyard shall continue except in conformance
with the standards herein, and all junkyards shall be required to
conform to said standards or be removed at the owner's expense.
C.
Exemptions. The following land uses shall be exempt from these requirements
provided they are not maintained in the manner of a junkyard and do
not include a junkyard operation:
(1)
Storage areas for officially recognized and operable antique or classic
automobiles or other operable special purpose vehicles.
(2)
Agricultural equipment which is utilized as part of an active farming
operation or contractors' construction equipment which is part of
an active contracting business.
(3)
Automobile repair businesses or automobile, vehicle and equipment
sales operations managed by state-licensed dealers. No right to establish
or continue a junkyard operation shall be conveyed by the existence
of a state license or the presence of any of the above activities
on a site.
D.
License required. No person, partnership, association or corporation,
being the owner or occupant of any land within the Town of Wawarsing,
shall use or allow the use of such land for a junkyard in existence
on the effective date of this chapter unless a license has been obtained
from the Town Board and maintained as herein provided, which license
shall be accompanied by a site plan requiring the approval of the
Planning Board. The Code Enforcement Officer shall issue a license
within 10 days after approval of the application by the Planning Board
pursuant to these criteria. Said license shall be effective from the
date of issuance until surrendered by the licensee or revoked by the
Code Enforcement Official and shall be renewed annually based on inspection
by the Code Enforcement Officer and approval by the Town Board as
to continued compliance with these standards. No license shall be
issued until the Code Enforcement Officer has received:
E.
Disapproval. Any disapproval shall be in writing stating the reasons
for said denial. The Code Enforcement Officer shall not issue a license
where the Planning Board has not approved a site plan for the continued
use of the junkyard.
F.
Right to enter and inspect. The Code Enforcement Officer shall enforce
all of the provisions of this chapter and shall have the right, at
all reasonable times, to enter and inspect any junkyard. The Town
Board shall specify the frequency of such inspections, but no less
than four times per year, and set fees by resolution to cover costs
involved.
G.
Orders to correct. If the Code Enforcement Officer finds that a junkyard
for which a license has been issued is not being operated in accordance
with the provisions of this chapter, the CEO may serve, personally
or by certified mail to the holder of the license, a written order
which will require the holder of the license to correct the conditions
specified in such order within 10 days after the service of such order.
H.
Suspension of license. If the holder of such license shall refuse
or fail to correct the condition or conditions specified in such order
within 10 days after the service of such order, the Code Enforcement
Officer may suspend such license and the holder of the license shall
thereupon terminate the operation of such junkyard.
I.
Expiration of license. Any license which is not used for the purpose
intended within 12 months of the date of issuance shall automatically
expire and the junkyard shall be removed in its entirety.
J.
Standards applicable to existing junkyards. All existing junkyards
shall conform to the following standards to be administered by the
Town Board based on the inspection and report of the Code Enforcement
Officer as to compliance with the standards of this chapter:
(1)
Existing nonconforming junkyards shall, within a period of one year
following the effective date of this chapter, be removed unless a
license shall have been obtained for continued operation and the facility
has been made to conform to the regulations provided below.
(2)
Applications for licenses to continue operating existing nonconforming
junkyards shall, unless the owners thereof have indicated, in writing,
their intent to discontinue operations as provided above, be made
within one year following the effective date of this chapter. All
licenses shall, thereafter, be renewed by April 1 of each calendar
year.
(3)
Applications for licenses to continue operation of existing nonconforming
junkyards shall include a site plan depicting the existing operation
and any planned improvements as may be required by this chapter.
(4)
All existing junkyards shall be fully enclosed by an eight-foot-high
fence to limit visibility and access to the junkyard for safety purposes.
No vehicles, junk, or materials shall be stored outside the fence.
Fences and screening shall fully comply with all requirements applicable
to junkyards. No portion of a junkyard shall be located in any required
yard other than a driveway giving access thereto and sign.
(5)
All fences shall be opaque and must be approved by the Planning Board.
Various materials, including evergreen screening, may be used to supplement
the fence. Maintenance of such fencing or screening shall be a continuing
obligation of the use.
(6)
The license application shall include other information as may be
required to determine compliance with these regulations. The Town
Board, in acting upon the license application, shall consider the
following:
(a)
Impacts of the use on the enjoyment and use of adjoining properties
and the community.
(b)
The effectiveness of screening available or to be provided,
visibility from the highway and the extent to which the operator's
plans address various health, safety and aesthetic concerns.
(c)
The extent to which dismantling operations can or do take place
inside an enclosed structure and whether or not all parts of vehicles
or equipment are similarly stored inside an enclosed structure. Likewise,
the Town Board shall consider whether or not vehicles awaiting dismantling
or retained for sale or use intact are or will be stored in paved
surface parking areas specifically designated for this purpose.
(7)
No junkyard shall be used as a dumping area for refuse or as a place
for the burning or disposal of trash.
(8)
All dismantling operations shall take place inside an enclosed structure,
and any parts of vehicles or equipment shall similarly be stored inside
an enclosed structure. All vehicles awaiting dismantling or retained
for sale or use intact shall be stored in paved surface parking areas
specifically designated for this purpose, which areas shall be buffered
as required in this section for the junkyard as a whole.
(9)
All waste oils and similar waste products shall be stored and/or
disposed of consistent with local and state requirements and best
industry practices.
K.
Junkyards shall not be expanded.
L.
Junkyard application standards. All applications to operate junkyards
in the Town of Wawarsing shall include criminal records with respect
to the applicant(s), including any owner with 5% or more ownership.
Should such criminal records reveal convictions for larceny or receiving
stolen property, such application shall be denied. This procedure
shall apply to both original license and transfer applications. Applications
shall in other respects comply with special use and site plan review
procedures.
The following requirements shall apply to the construction of
public utility substations, and to expansions of existing facilities
which expand the fence line of an existing substation. The purpose
of site plan review is to assure that the land-use elements of the
facility (fencing, landscaping, access) are integrated with the surrounding
neighborhood in the best way practicable.
A.
Outdoor areas shall be suitably fenced in compliance with applicable
state and federal security requirements, with suitable safety signage.
B.
Suitable access from the street shall be provided for inspection,
repair, and maintenance of security at the facility.
C.
No buildings shall be permanently staffed or used as offices.
D.
The facility shall provide suitable landscaping to soften views from
nearby neighbors, consistent with security needs for the facility.
A.
Purpose. The Town of Wawarsing recognizes that solar energy is a
clean, readily available, and renewable energy source. Development
of solar energy systems for residential, agricultural, and nonresidential
parcels use of solar energy provides an excellent opportunity for
the reuse of land throughout the Town and offers an energy resource
that can act to attract and promote green business development. The
Town of Wawarsing has determined that comprehensive regulations regarding
the development of solar energy systems is necessary to protect the
interests of the Town, its residents, and its businesses. This section
is intended to promote the effective and efficient use of solar energy
resources; set provisions for the placement, design, construction,
and operation of such systems to uphold the public health, safety,
and welfare; and to ensure that such systems will not have a significant
adverse impact on the aesthetic qualities and character of the Town.
To the extent practicable, and in accordance with Town of Wawarsing
law, the accommodation of solar energy systems and equipment and the
protection of access to sunlight for such equipment shall be encouraged
in the application of the various review and approval provisions of
the Town of Wawarsing Code. It is therefore the intent of this section
to provide adequate safeguards for the location, siting and operation
of solar energy facilities.
B.
Applicability. The requirements of this chapter shall apply to all
solar energy systems installed or modified after its effective date,
excluding general maintenance and repair. Solar-thermal systems and
building-integrated photovoltaic (BIPV) systems are permitted outright
in all zoning districts, subject to building permits if required upon
determination by the Code Enforcement Officer.
C.
Permit requirements.
(1)
All solar energy system installations shall be performed by a qualified
solar installer.
(2)
A solar energy system connected to the utility grid shall provide
written proof from the local utility company acknowledging the solar
energy facility will be interconnected to the utility grid. Any connection
to the public utility grid must be inspected by the appropriate public
utility.
(3)
Solar energy systems shall meet New York's Uniform Fire Prevention
and Building Code and National Electrical Code standards.
(4)
A plan showing location of major components of solar system and other
equipment on roof or legal accessory structure. This plan should represent
relative location of components at site, including, but not limited
to, location of array, existing electrical service location, utility
meter, inverter location, system orientation and tilt angle shall
be provided. This plan shall show access and pathways that are compliant
with New York State Fire Code, if applicable.
(5)
Specification sheets for all manufactured components.
(6)
All diagrams and plans must include the following: a) project address,
section, block and lot number of the property; b) owner's name, address
and phone number; c) name, address and phone number of the person
preparing the plans; and d) system capacity in kW-DC.
(7)
Prior to operation, proof of electrical connections being inspected
and approved by an appropriate electrical inspection person or agency,
as determined by the Town of Wawarsing, must be provided.
D.
Safety.
(1)
Solar energy systems shall be maintained in good working order.
(2)
All solar energy systems shall be designed and located in order to
prevent reflective glare from impacting roads and contiguous properties.
(3)
If solar storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use and
when no longer used shall be disposed of in accordance with the laws
and regulations of the Town of Wawarsing and other applicable laws
and regulations.
E.
Exceptions.
(1)
The Planning Board, in conjunction with the review of a specific
subdivision, site plan, or special use application, may also appropriately
modify other development standards, including but not limited to building
height, to accommodate solar and other energy efficient systems.
(2)
No homeowner or property association shall prohibit solar energy
systems. Covenants and restrictions connected with projects requiring
special use permits, site plan review or subdivision approval shall
be reviewed for purposes of discouraging such prohibitions.
F.
Small-scale solar energy system as an accessory use or structure.
(1)
Applicability.
(a)
For purposes of this chapter, the term small-scale solar refers
to solar photovoltaic systems which generate power exclusively for
on-site use by the building or lot to which they are attached, and
do not provide energy for any other lots. The use and/or structure
shall be accessory to the main use and/or structure and shall be incidental,
related, appropriate and clearly subordinate.
(b)
Solar energy collectors shall be permitted only to provide power
for use by owners, lessees, tenants, residents, or other occupants
of the lot on which they are erected, but nothing contained in this
subsection shall be construed to prohibit collective solar installations
or the sale of excess power through a net billing or net-metering
arrangement in accordance with New York Public Service Law § 66-j
or similar state or federal statute.
(c)
No small-scale solar energy system or device shall be installed
or operated in the Town of Wawarsing except in compliance with this
section.
(2)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity on-site
or off-site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted and constructed building or
structure, subject to building permits.
(b)
Height. Solar energy systems shall not exceed maximum height
restrictions within the zoning district it is located in, as illustrated
in the Schedule of District Regulations of this Code,[1] and are provided the same height exemptions granted to building-mounted mechanical devices or equipment. See also § 112-11, Height restrictions.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(c)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements: panels
facing the front yard must be mounted at the same angle as the roof's
surface with a maximum distance of 18 inches between the roof and
highest edge of the system.
(d)
Roof-mounted solar energy systems that use the energy on-site
or off-site shall be exempt from site plan review under the local
zoning code or other land use regulations.
(3)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the electricity
primarily on-site are permitted as accessory structures in all zoning
districts, subject to issuance of a building permit.
(b)
Height and setback. The height of the solar energy system shall
not exceed 15 feet when oriented at maximum tilt. Setback requirements
shall be as stated for accessory uses for the underlying zoning district.
(c)
System capacity. Ground-mounted solar energy systems designed
for on-site use shall not be sized greater than the energy usage necessary
to serve the parcel. Documentation of energy use or energy use expansion
necessity may be required.
(d)
Small-scale ground-mounted solar energy systems shall be set
back no less than 100 feet from any property line.
(e)
A small-scale ground-mounted solar energy system that use the
electricity on-site shall be exempt from site plan review.
A.
Accessory use. An event venue is allowed, by special use permit approval
of the Planning Board, as an accessory use to a principal permitted
use or a special use only within the following zoning districts: RU,
BH, PCIM, MU, AD, VP. An event venue must demonstrate compliance with
the standards set forth herein and the special use standards set forth
in § 112-64 of this chapter.
B.
Exemptions. Upon review of an application by the Code Enforcement
Officer, where an event venue is determined to be "regularly occurring
and usually associated with such use," and where said use has been
approved by the Planning Board such as agricultural tourism enterprises,
restaurants, hotels, or agriculture/farm-based businesses, not-for-profit
organization, places of worship, public and semipublic uses, social
hall, resorts, or other such use shall be exempt from the requirement
of a special use permit and these standards but, in all cases, shall
be required to meet the additional parking and health and safety requirements
and other provisions of the Town Code. In such cases, the Code Enforcement
Officer shall determine if the requirements have been satisfied and
may determine special use permit and site plan review and approval
by the Planning Board shall be required.
C.
Design standards.
(1)
Minimum size. The minimum lot size for an event venue shall be no
less than three acres, and the event venue shall permit a maximum
of 50 attendees for every acre, which acreage shall be in addition
to the minimum lot size required for all principal permitted or special
uses on the site. In no event shall an event venue exceed a maximum
of 250 attendees. Attendees is exclusive of any employees or staff
managing and serving the event.
(2)
Access. The site of the rural event venue shall have at least two
means of egress, at least one of which is adequate for emergency vehicles,
as determined by the Planning Board in consultation with emergency
responders based on its width, length, surface and ability to support
the gross vehicle axle weight of emergency vehicles. The Planning
Board may require the construction of improvements to ensure adequate
emergency access to the site. The Planning Board may waive the requirement
for two access points where one access point is determined to be adequate
for emergency access based on a review of NYS Fire Code, Town Engineer
input, and/or emergency service provider input.
(3)
Attendees. The maximum number of attendees at an event venue shall
be 250. The Planning Board may set a lower maximum number for an event
venue in its discretion based on the standards set forth herein.
(4)
Number of events. The Planning Board may allow up to a maximum of
12 events per calendar year. The facility operator shall be required
to notify the Code Enforcement Officer of any event scheduled a minimum
of three business days prior to the event by either electronic mail
or written letter. The Planning Board, in its discretion, may allow
more than 12 events per calendar year where it determines that the
events shall still meet the criteria set forth in this subsection
and that operation of the events remains wholly accessory to the principal
use of the property and the use shall not essentially function as
a commercial use where same is not permitted in the zoning district
within which it is located, or does not otherwise require a separate
site plan or special use approval from the Planning Board.
(5)
Parking. All parking shall be located on-site and the site plan shall
demonstrate there is sufficient parking area for an event. No less
than one parking space shall be provided for each two attendees. This
requirement shall not preclude an event venue from utilizing shuttle
buses or other methods of guest transportation.
(6)
Water and sewer. An event venue shall be provided with adequate potable
water and sanitary system as determined by the Planning Board Engineer
and/or the Ulster County Department of Health. The applicant shall
document compliance with all other applicable health and safety regulations.
(7)
Hours of operation. The Planning Board shall determine the permitted
hours of operation of an event venue. Events shall commence no earlier
than 10:00 a.m. and shall terminate no later than 11:00 p.m. Setup
and dismantling hours shall be limited to between 7:00 a.m. and 12:00
midnight. However, the Planning Board shall have the power to modify
the commencement and termination times for a particular event venue
based upon the specifics of the application before it, potential impacts
including noise and traffic, and consideration of the health, safety
and welfare of the neighborhood and the surrounding community. For
purposes of this section, "termination" shall mean the termination
of food, drinks, service and entertainment, with the understanding
that attendees and servers will need a reasonable amount of time after
termination to exit the premises.
(8)
Food service. Catering services, including the use of food trucks,
are allowed to provide the food and beverages for the event. On-site
preparation of food shall be subject to all applicable Board of Health
permits and approvals. Alcoholic beverages may be consumed on-site
provided the venue or catering service has appropriate insurance coverage
and complies with local laws. Open or cash bars are allowed subject
to New York State Liquor Authority rules and regulations.
(9)
Buffers. The Planning Board shall require appropriate setbacks and/or
vegetative, topographic or other physical barriers or buffers from
property lines between the event venue and adjoining properties, given
the nature of the event and extent to which noise will be generated,
size of parcel, the natural topography, and vegetative cover. In no
case shall the event venue be located in any required yard applicable
to the principal permitted use or principal use allowed by special
use permit.
(10)
Seating. Seating for events may occur outdoors, under a tent or other fabric structure temporarily constructed on the property, or in a permanent principal or accessory building meeting the standards set forth in Subsection C(11) below. The location and dimension of any proposed tents must be shown on the site plan. All buildings and structures, including tents, to be used as part of the event venue shall, where required, obtain a certificate of occupancy for their intended uses, including an event building subject to the standards in Subsection C(11) below. All temporary structures and equipment must be removed within four days after each event and shall remain in place a maximum of seven consecutive days, unless the Code Enforcement Officer approves a greater time period wherein the next event is scheduled within seven days of the preceding event.
(11)
Accessory buildings. An event venue may utilize former agricultural
or other accessory buildings as a place of public assembly, e.g.,
a barn, provided the following criteria are satisfied:
(a)
The use of an event building shall be permitted only after issuance
of a building permit and a certificate of occupancy for public assembly
by the Town's Code Enforcement Officer.
(b)
A plan prepared by a registered licensed design professional
to improve the building to enable it to obtain a certificate of occupancy
for an assembly area, where none exists. A copy of the plan and floor
plans shall be submitted to the Planning Board as part of site plan
review.
(c)
The occupancy of the event building shall not exceed occupancy
load and exiting provisions of the New York State Uniform Code and
those occupancy load limits shall be posted at the premises by the
Town Code Enforcement Officer.
(12)
No overnight accommodations shall be provided in temporary structures
such as tents or recreational vehicles. An event venue which provides
overnight accommodations must comply with this chapter for said use,
and all other applicable codes and laws related to the regulation
of said accommodations.
(13)
Noise. The event venue shall not result in a change in the ambient
noise levels of the neighborhood within which it is located, nor shall
it impact any adjoining residential uses. Ambient noise levels shall
be those existing noise levels at the property line of the event venue.
The Planning Board may require that the application include submission
of ambient noise monitoring analyses and a prediction of future noise
levels based on noise modeling. The Planning Board, in its discretion,
can limit or prohibit any exterior/outdoor activities associated with
the event venue where it finds it may increase ambient noise levels
at the property line. Where the Planning Board allows activities (e.g.,
a band) that uses amplifiers, it may require that any event venue
continuously monitor the noise levels and submit a report to the Code
Enforcement Officer who shall keep a record of such events. The Planning
Board, in its discretion, can limit the hours of operation, to ensure
that the event venue does not impact ambient noise levels.
D.
Application. A special use permit and site plan shall be submitted
to the Planning Board for review and approval. The following additional
requirements shall apply:
(1)
Event management plan. An event management plan shall be prepared
and submitted to the Planning Board for review and approval. Once
approved, the event management plan shall be incorporated into the
special use permit. The plan shall include a narrative which describes
the proposed operation of the event venue, including but not limited
to the following:
(a)
Owner/operator in charge of the event venue, and which shall
be present on-site during same, with contact information provided;
(b)
Provisions for traffic and parking management;
(c)
Hours of operation and maximum number of events to be held on
an annual basis;
(d)
Detailed information on the use of any amplifying equipment,
and details to control noise levels. The Planning Board may require
a noise analysis, and establish a maximum noise level, in decibels
(dBA), as measured at the nearest property line, when appropriate;
(e)
Water and sanitary facilities;
(f)
Information on food preparation and alcohol consumption;
(g)
Plans for the storage and collection of refuse;
(h)
Maximum number of attendees;
(i)
List of contacts for specific emergency situations to be used
by the guests shall be provided at each event and the legal name and
address of an emergency contact person at the site shall be provided;
(j)
Any other information requested by the Planning Board to make
its determinations.
(2)
Referrals. The application, site plan and event management plan shall
be referred by the Planning Board to the applicable fire district
or other fire and safety providers and personnel for comment and recommendations
with regard to fire and safety issues associated with the operation
of the rural venue.
(3)
Criteria for approval. In considering whether to recommend approval
or denial of the application, the Planning Board shall consider the
following:
(a)
The size and capacity of the site to accommodate an event venue
safely.
(b)
The facilities available to handle the use.
(c)
The availability and capacity of streets and highways and other
means of transportation to and from the site are adequate.
(d)
The event shall not impact the safe and orderly movement of
traffic within and contiguous to the event.
(e)
The impact of noise on the ambient noise levels of the neighborhood
surrounding the event venue.
(f)
The need for security/law enforcement at the event venue.
(g)
The impact of the event venue on fire and police protection
and ambulance service to the areas contiguous to the event and to
the Town in general.
(h)
Whether the owner/operator has violated a previously issued
special use permit for an event venue.
(i)
Verification that there are no outstanding violations on the
property at which the event will be held or any outstanding or unsatisfied
conditions of a Town agency approval, including, but not limited to,
those of the Planning Board or the Zoning Board of Appeals.
(j)
Any other matters that relate to the health, safety and welfare
of the general public.
(4)
Special use permit. The special use permit for the event venue shall
specifically set forth the following:
(a)
The maximum number of attendees permitted during any event.
(b)
The hours of operation of the event venue and whether amplified
sound is permitted.
(c)
Any other conditions on operation, design and layout reasonably
necessary to ensure compatibility with surrounding uses and to protect
adjoining residential uses.
(d)
The duration of the special use permit, if established by the
Planning Board.
(5)
Special use permit; duration. Upon issuance of a special use permit,
individual events may be held at the event venue without further review
by the Planning Board so long as such events comply with the event
management plan, site plan and special use permit. Nothing herein
shall limit the Planning Board from establishing a time frame for
the special use permit and requiring renewal. Any increase in the
number of events, or increase in the maximum number of attendees,
shall require a special use permit amendment.
