Town of Pendleton, NY Article VII Supplemental Regulations

§ 247-49 Mobile home parks.

[Amended 8-24-1994; 6-4-1996 by L.L. No. 1-1996; 10-2-2007 by L.L. No. 2-2007; 10-12-2020 by L.L. No. 4-2020; 6-13-2022 by L.L. No. 2-2022]

A. No mobile home shall be located within the Town, except in a designated mobile home park.

B. A mobile home park cannot be established or created except upon a tract of land used or intended to be used for the parking of at least 50 mobile homes, together with the necessary improvements and facilities upon the land. No lot or berth shall be rented or leased for residential uses of a mobile home in any such park except for periods of 30 days or more, and no mobile home shall be admitted to any park unless it can be demonstrated that it meets the requirements of applicable local codes and ordinances and the state code for construction and installation of mobile homes.

C. The following standards shall be applicable in all mobile home parks:

(1) Area and bulk. Each mobile home lot shall meet the minimum lot area of 25,000 square feet. The minimum lot width shall be 100 feet; the minimum front yard setback shall be 60 feet; the minimum side yard dimension shall be 15 feet each side; the minimum rear yard dimension shall be 50 feet; and the maximum building height for structures shall be 35 feet.

(2) Electric. Each mobile home berth shall be provided with an approved electrical connection system. Underground cables are required. All electrical wiring within the mobile home park shall meet all Underwriters Code requirements.

(3) Fire protection. The mobile home park (including all mobile homes and all other structures within the mobile home park) shall be subject to the rules and regulations of the fire protection district authorities.

(4) Fires. Fires shall be allowed only in equipment specifically designed for such purposes. Open fires are not permitted.

(5) Fuel supply and storage. All fuel oil storage tanks or cylinders shall be securely fastened in place and shall be located at the rear of the mobile home and not located less than 10 feet from any mobile home exit. Supports or stands for fuel oil storage tanks must be of a noncombustible material. Installation must follow state and other generally accepted standards.

(6) General provisions and supplemental regulations. Also see Article IV, District Regulations, of Chapter 247, Zoning, of the Town Code and the other sections of this Article VII, Supplemental Regulations, of Chapter 247, Zoning, of the Town Code.

(7) Green belt. A mobile home park shall be surrounded by a landscaped green belt of at least 100 feet from each property line. The required green belt shall not be included in the yard requirements for the individual mobile home lot or berth.

(8) Interior drives. Interior drives shall be designed so as to prevent blockage of vehicles entering or leaving the site. All drives shall be two-way. All accessways to any public street or highway shall be located at least 200 feet from the intersection of any street lines and shall be designed with clear visibility and shall be maintained in a manner conducive to safe ingress and egress.

(9) Lights. All driveways and walkways shall be lighted at night with shielded electric lamps of not less than 100 watts each, spaced at intervals of not more than 100 feet.

(10) Mobile home support systems. Each mobile home lot or berth shall contain a mobile home stand which shall be constructed to the standards of the appropriate state code.

(11) Recreation. A recreational area equal to at least 800 square feet for each mobile home berth shall be set aside and improved according to an approved recreation plan and shall not be located in any required setback, yard or green belt area. A recreation fee per lot may be charged in lieu of the recreation area as determined by the Town Board.

(12) Roadway width. All mobile home lots or berths within the park shall abut upon a road with a right-of-way of 60 feet having a paved all-weather roadway of not less than 28 feet in width. The entrance to any mobile home park shall have a right-of-way width of at least 90 feet.

(13) Rubbish. All organic rubbish or storage shall be contained in vermin-proof containers which shall be screened from view of any public right-of-way or abutting property. Refuse containers shall be located not more than 150 feet away from any mobile home berth. Rubbish collection must be not less than once weekly and contracted privately by the mobile home park owner.

(14) Service buildings. All accessory service buildings on the mobile home park site shall be connected to all mobile home berths by a walkway of not less than three feet in width. Service buildings shall be provided with emergency sanitary facilities of one lavatory and one flush toilet for each sex for each 20 mobile home sites. All maintenance equipment shall be housed within a service building. All utilities shall be connected to mobile home sites through a service building.

(15) Sewage. No on-lot sewage disposal systems shall be permitted. All waste from showers, bathtubs, flush toilets, urinals, lavatories, washing machines and slop sinks in mobile homes and service buildings shall be discharged into a public sewerage system.

(16) Skirting. Each mobile home owner shall be required to enclose the bottom portion of the mobile home with a metal or other nonflammable material skirt, properly ventilated, within 60 days after arrival in the park.

(17) Soil and ground cover requirement. Exposed ground surfaces in all parts of every mobile home park shall be paved or covered with stone screenings or other solid material or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

(18) Stabilizing devices. Each mobile home shall be tied down to prevent wind damage and shall follow the appropriate state code.

(19) Water. All mobile homes and service and accessory buildings shall be connected to a central water system. Fire hydrants shall be located at least within 500 feet of all mobile homes, service buildings or accessory structures.

D. Permits.

(1) It shall be unlawful for any person to construct, alter or extend any mobile home park unless he/she holds a valid permit issued by the Code Enforcement Officer/Building Inspector in the name of the person for whom the specific construction, alteration or extension is proposed.

(2) All applications for permits shall be made to the Code Enforcement Officer/Building Inspector and shall contain the following:

(a) The name and address of the applicant.

(b) Interest of the applicant in the mobile home park.

(c) Location and legal description of the mobile home park, including a map showing the physical characteristics of the property (i.e., topography, vegetation and wetlands).

(d) Complete plans and specifications of the proposed park showing:

[1] The area and dimensions of the tract of land.

[2] The number, location and size of all mobile home lots.

[3] The location of service buildings and any other proposed structures.

[4] The location and width of roadways and walkways.

[5] The location of water and sewer lines and riser pipes.

[6] Plans and specifications of all buildings constructed or to be constructed within the mobile home park.

[7] Plans and specifications of the water supply, refuse disposal and sewage disposal facilities.

[8] The location and details of lighting and electrical systems.

[9] The phasing of the development, if any.

[10] Such other information as may be required by the Planning Board.

(e) A stormwater pollution prevention plan (SWPPP), if required for the proposed land development activity under Article XIII of this chapter, together with the recommendation of the Stormwater Management Officer (SMO) to approve, approve with modifications, or disapprove the SWPPP pursuant to § 247-85C. If a SWPPP is submitted together with the application to construct, alter or extend any mobile home park pursuant to this section, such SWPPP and application shall comply with the requirements of Article XIII of this chapter.

(3) All applications shall be accompanied by a deposit of a fee. (See applicable fees as described in the Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.) The Town Board, upon review by the Planning Board, shall approve, approve with modifications or disapprove such application and shall report its reasoned decision to the Code Enforcement Officer/Building Inspector. When, upon review of the application, the Town Board and the Code Enforcement Officer/Building Inspector are satisfied that the proposed plan meets the requirements of this chapter, a permit shall be issued.

E. Performance bond. Each application shall be accompanied by a performance bond or other satisfactory instrument (in the amount required by the Town Board and not less than the total estimated value of the improvements within the mobile home park) guaranteeing the satisfactory performance of the obligations and conditions set forth in this article. No permit hereunder shall become effective until such bond is furnished and approved by the Town Attorney.

F. Licenses.

(1) It shall be unlawful for any person to operate any mobile home park within the limits of the Town without a valid license issued annually by the Code Enforcement Officer/Building Inspector in the name of such person for the specific mobile home park. All applications for licenses shall be made to the Code Enforcement Officer/Building Inspector, who shall issue a license upon compliance by the applicant with the provisions of this chapter and of other applicable legal requirements.

(2) Every person holding a license shall give notice, in writing, to the Code Enforcement Officer/Building Inspector within 24 hours after having sold, transferred, given away or otherwise disposed of interest in or control of any mobile home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such mobile home park. Upon application, in writing, for transfer of the license and deposit of a fee (as shall be described in the Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time), the license shall be transferred if the mobile home park is in compliance with all applicable provisions of this chapter.

(3) Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by a deposit of a fee (as shall be described in the Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time), and shall contain the location and legal description of the mobile home park and a site plan of the mobile home park showing all mobile home lots, structures, roads, walkways and other service facilities.

(4) Applications for renewals of licenses shall be made in writing by the holders of the licenses, shall be accompanied by the deposit fee (as shall be described in the Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time), and shall contain any change in the information submitted since the original license was issued or the latest renewal was granted.

(5) Whenever, upon inspection of any mobile home park, the Code Enforcement Officer/Building Inspector finds that conditions or practices exist which are in violation of any provision of this chapter or its amendments, the Code Enforcement Officer/Building Inspector shall give written notice to the person to whom the license was issued that such conditions or practices shall be corrected within the time specified in the notice. At the end of such time period, the Code Enforcement Officer/Building Inspector shall reinspect the mobile home park. If the conditions or practices have not been corrected, the Town shall correct the violation, and the cost of the correction shall be placed on the owner's tax bill.

(6) Any person who has received notice from the Code Enforcement Officer/Building Inspector that he/she is in violation of the license issued pursuant to this § 247-49 because of conditions or practices at the mobile home park may request and be granted a hearing on the matter before the Town Board. If, however, no petition for such hearing shall have been filed within 10 days following the day on which the notice of violation was served, the Town Board shall cause corrections to be made.

G. Inspection of mobile home parks.

(1) The Code Enforcement Officer/Building Inspector shall make any inspections that are necessary to determine satisfactory compliance with this chapter and regulations issued hereunder. The Code Enforcement Officer/Building Inspector shall have the power to enter upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this chapter and regulations issued hereunder. The Code Enforcement Officer/Building Inspector shall have the power to inspect the register containing a record of all residents of the mobile home park.

(2) It shall be the duty of the owners or occupants of mobile home park and mobile homes contained therein, or of the person in charge thereof, to give the Code Enforcement Officer/Building Inspector free access to such premises at reasonable times for the purpose of inspection.

(3) It shall be the duty of every occupant of a mobile home park to give the owner thereof or his agent or employee access to any part of such mobile home park or its premises at reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with this chapter and regulations issued hereunder or with any lawful order issued pursuant to the provisions of this chapter, or with the requirements of the state code for construction and installation of mobile homes.

H. Miscellaneous requirements.

(1) Responsibilities of the park management.

(a) The person to whom a license for a mobile home park is issued shall operate the park in compliance with this chapter and regulations issued hereunder and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.

(b) It shall be the responsibility of the park management to notify park occupants of all applicable provisions of this chapter and inform them of their duties and responsibilities under this chapter and regulations issued hereunder.

(c) The park management shall supervise the placement of each mobile home on its mobile home stand, which includes installing all utility connections.

(2) Responsibilities of park occupants.

(a) The park occupant shall comply with all applicable requirements of this chapter and regulations issued hereunder and shall maintain his mobile home lot, its facilities and equipment in good repair and in a clean and sanitary condition.

(b) The park occupant shall be responsible for proper placement of his/her mobile home on its mobile home stand and proper installation of all utility connections in accordance with the instructions of the park management.

(3) Restrictions on occupancy. A mobile home shall not be occupied for dwelling purposes unless it is properly placed on a mobile home support system and connected to water, sewage and electrical facilities and receives a certificate of occupancy from the Code Enforcement Officer/Building Inspector for each new connection.

§ 247-50 Public garages and motor vehicle service stations.

A. No public garage or motor vehicle service station or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street, if the entrances are on opposite sides of the street and along the street frontage, if both entrances are on the same side of the street or within the same block.

B. All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed as to provide all required servicing on the premises and outside the public way. No gasoline pump shall be placed closer to any side property line than 50 feet.

C. Pumps, lubricating or other devices are to be located at least 20 feet from any street line or highway right-of-way.

D. All fuel, oil or similar substances shall be stored at least 50 feet distant from any street line or lot line.

E. No repair work shall be performed out-of-doors.

F. No inoperative motor vehicles shall be kept on the premises of motor vehicle service stations for longer than two weeks.

G. All waste material, motors and motor parts will be stored within a structure or enclosed within fencing so as not to be visible from off the property.

H. All flammable materials must be stored and handled in accordance with National Fire Protection Agency standards.

[Added 8-24-1994]

§ 247-51 Off-street parking.

A. Off-street parking space(s) with a proper and safe access shall be provided within a structure or in the open to serve adequately the uses on each lot within the district. Any application for a building permit for a new or enlarged building, structure or change in use shall include with it a plot plan drawn to scale and fully dimensioned showing any parking or loading and unloading facilities in compliance with the regulations of this chapter. Handicapped facilities shall be provided as required by state regulations.

[Amended 8-24-1994]

B. A required off-street parking space shall be an area of not less than 170 square feet, nor less than eight and one-half (81/2) feet wide by 20 feet long (exclusive of access drives or aisles, ramps, columns or office and work areas) accessible from streets or alleys for the storage or parking of passenger automobiles or commercial vehicles under one and one-half (11/2) tons' capacity. Aisles between vehicular parking spaces shall not be less than 25 feet in width when serving automobiles parked perpendicular to the aisles and accommodating two-way traffic.

[Amended 8-24-1994]

C. Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as will least interfere with the movement of traffic.

[Amended 8-24-1994]

D. No parking space (nor portion thereof) established on the same zoning lot with a building shall be located within a required front yard area except in an established driveway. No parking spaces nor portion thereof established on a lot without a building shall be located closer to any street line than the front yard setback required for the zoning district in which it is located.

E. All open off-street parking spaces, except those accessory to single-family dwellings, shall be improved with a compacted macadam base or surfaced with some all-weather dustless materials.

F. All open off-street parking areas and loading and unloading areas shall be so graded and drained as to dispose of all surface water accumulation, as approved by the Code Enforcement Officer.

[Amended 8-24-1994]

G. Open off-street parking, loading and unloading areas and business and industrial buildings shall be screened from all adjoining residential districts by either a strip four feet wide, densely planted with shrubs or trees or a fence, screen or masonry wall three feet high from the street line to the front line and seven feet high for the remaining distance. Such screening shall be properly maintained. Also the better side of such fencing shall face the residential side.

H. Any illumination of off-street parking, loading or unloading areas, buildings or signs or illumination for yards shall be so arranged as to direct the light away from the street and from adjoining premises.

I. See also Chapter 235, Vehicles and Traffic, Article III, Parking.

[Added 8-24-1994]

§ 247-52 Loading and unloading.

A. Off-street loading and/or unloading spaces for commercial and/or industrial vehicles shall be provided on each lot where it is deemed that such facilities are necessary to serve the use or uses on the lot. The number of loading and/or unloading spaces required for commercial and/or industrial vehicles shall be in addition to the off-street parking requirements. Each loading and/or unloading space shall be at least 14 feet wide and 60 feet long, shall have at least a fifteen-foot vertical clearance, shall have a sixty-foot maneuvering area, shall have an all-weather surface to provide safe and convenient access during all seasons and shall not be constructed between the street right-of-way line and the building setback line.

B. Required off-street parking space shall not be used for loading and/or unloading purposes, except during hours when business operations are suspended.

C. Loading and/or unloading facilities shall be designed so that trucks must not back in or out of nor park in any public right-of-way.

[Amended 8-24-1994]

D. No truck shall be allowed to block a right-of-way or an automobile parking area or in any way prohibit the effective flow of persons or vehicles.

E. At least one off-street loading and/or unloading space shall be provided for all commercial and industrial establishments in excess of 3,500 square feet of floor area.

§ 247-53 Signage.

[Amended 8-24-1994; 4-6-2004; 1-8-2018]

A. Purpose; intent.

(1) The purpose of this section is to protect and regulate the public health, welfare and safety by regulating existing and proposed outdoor advertising and outdoor signs of all types in all zoning districts. It is intended to protect property values, to create a more attractive economic and business climate and to protect the physical appearance of the community. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic issues and to reduce the adverse effects of signage on natural beauty and on the environment in general.

(2) No signs shall be erected, altered, moved or used except in conformance with these regulations.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

AWNING OR CANOPY SIGN

Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

FREESTANDING OR GROUND SIGN

Any sign, including a monument sign, supported by structures or supports that are placed on or anchored in the ground that is independent of any building or structure.

LED SIGN

Light-emitting diodes (LED), differing from incandescent bulbs because a variety of colors can be emitted from the same bulb without using filters. Such sign has the ability to display scrolling or flashing messages as well as a variety of colors. This definition includes electronic message boards, liquid crystal displays, digitized signs or sign parts, variable electronic message centers and similar electronic displays.

OFF-PREMISES SIGN

A sign which directs attention to a business, product, activity or service which is generally conducted sold or offered elsewhere than upon the premises where such sign is located.

POLE SIGN

A permanent, freestanding sign that is mounted on a pole or other support that is placed on and anchored in the ground or on a base and that is independent of any building or other structure.

POLITICAL SIGN

A temporary sign or poster advocating the election of a particular candidate or candidates for public office. Signs or posters shall not exceed 16 square feet in both residential and nonresidential zoning districts.

PORTABLE SIGN

Any sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich-board signs, balloons used as signs; and umbrellas used for advertising.

SIGN

A name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, service, place, activity, person, institution, organization or business and the supporting members thereto. A motor vehicle or trailer shall be deemed a sign if it is lettered or displayed in such a fashion as to attract attention and is utilized to advertise or otherwise call attention to a business located in, or event taking place in, the Town of Pendleton or surrounding communities.

(1) Exceptions. For the purposes of this section, the term "sign" does not include:

(a) Signs erected and maintained pursuant to and in discharge of any governmental function.

(b) Signs prohibiting trespassing.

(c) Integral, decorative or architectural features of buildings, except letters or trademarks.

(d) Temporary signs not exceeding four square feet per face for special events for directing and guiding traffic and parking on private commercial or industrial property and bearing no advertising.

(e) Signs not exceeding one square foot per face that advertises the cost of motor fuel when attached to a fuel pump or service island canopy.

(f) Signs noting "Open" or "Closed," provided they are displayed from inside the structure.

TEMPORARY SIGN

Any sign that is used for 90 days or less and is not permanently mounted.

WALL SIGN

A sign integral with or attached to and supported by the exterior wall of a building or fascia attached to such wall and projecting not more than 12 inches therefrom.

C. Rules and regulations.

(1) No sign shall prevent or interfere with the driver of a vehicle from having a clear and unobstructed view of any official sign, entrance or exit roadway, intersection or approaching or merging traffic.

(2) No green or red illuminated electronic message display (EMD) signs shall be located within 200 feet of a traffic signal light.

(3) No sign which obstructs vision at elevations exceeding 36 inches in height shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points thereon 30 feet distant from their point of intersection.

(4) No sign shall attempt (or appear to attempt) to direct the movement of traffic or imitate or resemble an official sign, signal or device.

(5) All signs shall comply with applicable regulations of the New York State Department of Transportation.

(6) Off-premises signs are prohibited.

(7) No signs, except such directional devices as may be required by the federal aeronautical authorities, shall be placed, inscribed or supported upon or above the highest part of the roofline.

(8) All signs, sign finishes, supports and electrical work shall at all times be maintained in a clean, neatly painted, free-from-all-hazards, safe and structurally sound condition and shall be maintained by replacement of defective or worn parts, faulty wiring, loose supports, braces, guys and anchors, and by painting, repainting and cleaning. Signs shall be maintained in a condition that will enhance or maintain the aesthetic quality of the surrounding neighborhood. Any sign found to be in an unsafe condition or insecure to the point that it is deemed a hazard to public health and safety shall be suitably repaired or removed by the owner as deemed appropriate by the Code Enforcement Officer, or shall be subject to immediate removal by the Town.

(9) No exterior portable or temporary signs shall be erected, used or maintained without a temporary sign permit issued by the Code Enforcement Officer for the following purposes only:

(a) New business enterprises which are waiting erection of permanent signs, for a period not exceeding 30 days.

(b) Business enterprises which have lost the use of an existing sign by reason of fire or other catastrophe, for a period not exceeding 30 days.

(c) Political signage (refer to Chapter 198).

(d) Other signs of a temporary nature, such as posters, banners, promotional devices, A-frame signs and other signs of a similar nature, may be granted a temporary permit for a period not to exceed 90 days, provided that such signs are not attached to fences, trees, utility poles or the like and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic or in the town right-of-way, or in any manner create a hazard or disturbance to the health and welfare of the general public. Upon termination of the event for which said signs, posters, banners or promotional devices were erected, the same shall be removed from said property no later than 48 hours thereafter.

(10) All signs containing electrical wiring, including extension cords, shall be subject to the provisions of the National Electrical Code (NEC) and an electrical permit issued by the Town of Pendleton. The electrical components used shall bear the label of an approved testing agency.

(11) All signs or posters shall be set back so that every part of the sign and any supporting structure are no closer than 10 feet to the road shoulder or street right-of-way or property line, whichever is greater.

(12) Face area: the area defined by the outermost portion of the frame, support or edge of a sign (including roof, enhancement, etc.). Where there is not a geometric frame or edge of a sign, the sign area shall be defined by a projected, enclosed four-sided (straight sides) geometric shape which most closely outlines the sign. Only one face of a sign shall be used in measuring the sign area. Multiple faces are allowed per sign, provided that the combination does not exceed the maximum allowable size.

(13) No signs erected or maintained on the window of a building shall occupy more than 30% of the area of said window.

(14) No sign shall be erected, relocated or maintained so as to prevent or obstruct ingress or egress routes, paths or any right-of-way, walkway, door, window or fire escape. No unofficial sign shall be attached to a standpipe or fire escape.

(15) No sign shall be attached to a utility pole, fence or tree, with the exception of informational signs pursuant to issues of health and safety not to exceed one square foot and not to exceed one sign per every 100 feet, e.g., "Private Property" or "Beware of Dog."

(16) For all signs requiring a permit, the permit must be obtained from the Building Department. It shall be unlawful to erect, construct, enlarge, move or convert any sign, or cause the same to be done, without obtaining a sign permit for each sign. (Refer to § 247-53D)

(17) Town employees will remove any signs and/or posters posted on public rights-of-way in violation of the rules outlined herein. The violator will reimburse any costs involved in the removal.

D. Permit requirements. The provisions of this section shall apply to all signs in all zoning districts as established and those amended by the Zoning Law of the Town of Pendleton:

(1) Permit required. No person, firm or corporation shall hereafter erect, re-erect, construct or structurally alter a sign or sign structure without a permit first having been issued by the Building Department.

(2) Application. Every application for a sign permit shall include the name, address and telephone number of the applicant and shall be accompanied by plans, drawn to scale, showing the dimensions of the sign, the structures supporting the sign, the position of the sign in relation to nearby buildings or structures, the location of the building, structure or lot to which or upon which the sign is to be attached or erected, and the location of all utilities, the method of illumination, if any, and such other information as the Building Department shall require to show full compliance with this section and all other laws and ordinances of the Town of Pendleton.

(3) Review. The Code Enforcement Officer shall review and verify the signed and completed application.

(4) Issuance of permit.

(a) Upon application approval, the Code Enforcement Officer shall issue a sign permit.

(b) For multiple developments, a coordinated signage plan must be submitted to the Planning Board in addition to the application procedure as part of the site plan review and approval. For multiple developments, the Planning Board shall review coordinated signage plans and approve the locations, sizes and number of permitted signs.

(5) Signs allowed in all districts, no sign permit required.

(a) One sign for each building or lot, advertising the sale, rental or lease of the premises or part thereof on which the sign is displayed, not exceeding three square feet in residential districts and 12 square feet in commercial and industrial districts.

(b) Official signs, notices or direction devices erected or maintained by federal, state, county, or local governments or agencies thereof.

(c) One sign denoting the name and address of the occupants of the premises, which sign shall not exceed two square feet in face area.

(d) One sign denoting the architect, engineer or contractor placed on the premises where construction, repair or renovation is in progress, which sign shall not exceed 32 square feet in face area. The sign must be removed from the premises within seven days after such construction, repair or renovation is completed.

(e) In Commercial and Industrial zoned properties, businesses may utilize "Open/Closed" signage as well as other commonly occurring business displays provided that they are attached to a structure or windows, as is typical to advertising sale events or branding items. (e.g. "Ice Cream", translucent window decals, LED or neon "Open/Closed" signs, etc.) Items not related to these types of signage shall be required to follow the rules regarding temporary signage and may require a permit.

(f) Home occupations signs. See § 247-39.

(6) Signs allowed in all districts, sign permit required.

(a) One freestanding sign, or one building sign, either of which may be illuminated, neither of which shall exceed 32 square feet in face area, located on the premises of a public or quasi-public organization or institution and not less than 10 feet from any lot line, and not more than six feet in height above the finished grade (churches, fire departments, cemeteries, etc.).

(b) Signs advertising subdivision lots, not to exceed 32 square feet or eight feet in height above finished grade, shall be permitted at each entrance (collector) to the subdivision.

(c) Signs identifying residential areas shall not be permitted.

(7) Signs allowed in nonresidential districts, sign permit required.

(a) Building signs.

[1] Number: except for canopy signs, two per each individual establishment.

[2] Maximum face area: 30% of building frontage wall area, up to 15 feet in height, not to exceed 200 square feet.

[3] Wall signs shall not project above or beyond the ends of the building or its parapet or the highest point of the roof, whichever is higher.

(b) Freestanding signs.

[1] Number: one per each individual establishment.

[2] Maximum face area: 100 square feet.

[3] Signs shall not exceed 100 square feet in face area, shall not exceed eight feet in height and shall be located not less than four feet from any adjacent business or industrial lot or 15 feet from an adjacent residential lot or street right-of-way. The minimum front yard setback shall equal 10 feet.

[4] Pole signs shall not exceed 100 square feet in face area and shall not exceed 25 feet in height, nor shall the lowest member, excluding the pole, be less than eight feet from the finished grade. They shall be located not less than 15 feet from an adjacent residential lot line and shall not project over any public right-of-way or encroach upon the property of another. The minimum front yard setback shall equal 10 feet.

(c) Temporary signs.

[1] Temporary signs may consist of portable signs, banners, A-frame signs, pennants or streamers.

[2] Portable signs shall not exceed 24 square feet per face.

[3] Banners shall not exceed 50 square feet.

[4] A-frame signs shall not exceed eight square feet per face.

[5] Temporary signs may be used for a period not to exceed 90 days.

[6] All other provisions of this chapter shall also pertain to temporary signs.

[7] A sign shall be considered permanent and presumed to be permanent when it is attached below grade or to a structure above or below grade either mechanically or physically and is not capable of being readily removed; any sign in existence over 90 days, regardless of the manner of attachment, shall be considered and presumed to be a permanent sign and must comply with all requirements of this chapter which apply to permanent signs.

(d) Multiple developments.

[1] Signage in multiple developments, such as shopping areas, office parks and industrial parks, shall exhibit a degree of uniformity so as to impart a sense of unity and harmony to the development. Each individual establishment shall be permitted to have one building sign and one canopy sign.

[2] The multiple development may have one freestanding sign. Additional signage may be granted by the Planning Board if justified by a coordinated signage plan presented during the site plan review process.

[3] No owner, tenant or other user shall deviate from the coordinated signage plan.

(e) Billboards.

[1] Billboards, due to issues of traffic safety and the visual landscape, shall not be allowed in any district, except upon issuance of a permit. Locations of billboards shall be limited to Light Industrial or Medium Commercial zoned areas and prohibited from the remainder of the Town. Billboards shall not exceed 400 square feet per face, shall maintain a minimum distance of 2,000 feet from any other billboard, shall observe the same height requirements as for pole signs and shall not be located closer than 50 feet to a residential district.

[2] Billboards shall be subject to any additional conditions deemed necessary during the review process.

[3] Billboards are subject to approval of the Planning Board.

(f) Parking lot pavement markers, directional signs, accessible signage, entrance and exit signs, and other such signs which are erected on the premises shall not contain any advertising of the use of the premises and shall at all times comply with the NYS Uniform Code standards. Upon updating any pavement markings or signage, all current code requirements must be met.

(g) Business directional signs, not to exceed three square feet in face area, shall be limited to providing directional information only, shall be limited to locations along highways at or near the intersection of the appropriate street and shall be placed a minimum of one foot from the right-of-way, except when regulated by the New York State Department of Transportation direction sign programs or Town Highway Superintendent.

E. Signs in violation; fine; revocation of permit; removal of certain signs.

(1) General conditions.

(a) All signs shall be kept clean, neatly painted and free from all hazards, including faulty wiring and loose fastenings, and shall be maintained at all times in such tidy and safe condition as not to disservice the public health, safety and general welfare. Any sign found unsafe or insecure or that is a menace to the public shall be suitably repaired or removed by the owner.

(b) Any sign no longer performing its original function due to vacancy or other change on the premises on which said sign is located shall be painted over by the owner of said premises within 30 days of said condition and removed within one year of said condition. Said removal shall include the foundation and supporting structure.

(2) Penalties for offenses. Violators shall be liable to a fine as prescribed by the Town Code.

(3) Revocation of permit. In addition to the provisions noted below, the Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily without notice.

(a) If a sign authorized under any such permit has not been completed, erected or placed within one year from the date of the issuance thereof, such permit shall become null and void but may be renewed within 30 days of the expiration thereof for good cause shown and upon payment.

(b) When a sign authorized under any such permit has been completed, erected or placed other than in conformance with all terms and conditions of the application and permit, the Building Department shall give written notice to the owner of the sign, building, or premises to which it is attached, specifying the violation and directing conformance. The sign shall thereupon be conformed to the permit or removed within 30 days from the date of such notice. In the event that the sign is not conformed or removed in 30 days, the Building Department shall revoke the permit and such sign shall be removed by the owner or, upon order of the Town Board, by the Building Department, with the owner paying all removal costs.

(4) Removal of certain signs.

(a) Absentee business. Any permanent sign which advertises a business or operation no longer conducted on the premises shall be removed by the owner of the premises upon which said sign is located. The Building Department shall provide written notice to the owner of the premises to remove said sign within 30 days. Upon failure to comply with this notice, the Building Department shall remove, or cause to be removed, said sign and shall cause all costs and expenses incurred to be assessed against the property owner.

(b) Temporary signs erected without a permit on private property will be granted three days for removal after notice is received by the business or landowner. Any sign located in a public right-of-way may be removed immediately without notice.

(5) Unsafe or unsecured signs.

(a) Should the Building Department find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or is in violation of the construction and maintenance provisions of this section, it shall give written notice to the owner of the premises upon which such sign is located. If said sign is not repaired in 10 days, the Building Department shall revoke the permit, if any, and may cause said sign to be removed. If the permitted agent fails to remove or alter the structure so as to comply with the standards within 10 days after such notice, such sign shall be removed or altered to comply with this section at the expense of the permitted agent or owner of the property upon which it is located.

(b) Any sign which is an immediate peril to the health or safety of persons or property is to be removed summarily and without notice. Any expense incident thereto shall be paid by the owner of the building, structure or lot to which such sign is attached.

(c) Any sign that has been illegally placed within a public right-of-way may be removed summarily and without notice. Any expense incident thereto shall be paid by the owner of the building, structure or lot to which such sign is attached.

(d) Penalties for offenses. Any person who violates any provision of this section is guilty of a violation punishable by a fine not exceeding $350 for the first violation; a minimum of $350 and a maximum of $700 for a second violation within five years; and a minimum of $700 and a maximum of $1,000 for a third or subsequent violation within five years; or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate violation.

F. Electronic message centers (EMC).

(1) All signs containing electrical wiring shall be subject to the provisions of the National Electrical Code and an electrical permit verified by the Town of Pendleton. The electronic components used shall bear the label of an approved testing agency.

(2) Electronic message display signs may be permitted, subject to an electrical permit issued by an approved third party, in the Light Commercial (CO1), Medium Commercial (CO2) and Light Industrial (LI) and Special Light Industrial (SLI) Districts. Electronic message display signs may also be permitted, subject to a special use permit to be issued by the Town Board in accordance with § 247-16, Special use permits, together with an electrical permit issued by an approved third party, for the following purposes, in any zoning district.

[Amended 6-13-2022 by L.L. No. 2-2022]

(a) Churches and other places of worship.

(b) Schools and other places of education.

(c) Emergency services.

(3) There shall be no more than one EMC sign per parcel of land, except that for corner lots, there may be one EMC sign per street.

(4) Illuminated signs or lighting devices shall employ only light of constant intensity.

(5) Applications. All applications for EMC signs are subject to approval by the Code Enforcement Officer. The EMC is subject to the following requirements:

(a) Operational limitations. Such displays shall be limited to static displays, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or to change in size or to be revealed sequentially rather than all at once.

(6) No EMC shall be so placed as to permit its beams and illumination to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

(7) The full number of illuminating elements of an EMC shall be kept in working condition or shall be immediately repaired or replaced.

(8) The brightness levels of the electronic message sign shall at any part of any roadway not exceed as follows: a daytime level of no greater than 7,500 nits and a nighttime level of no greater than 500 nits. "Nighttime" is defined as the time from 1/2 hour before sunset to a 1/2 hour after sunrise. A "nit" is a unit of measurement for luminance brightness. It is also referred to as "candela per square meter" (cd/m2). In the event that an EMC sign is not capable of adjusting its level of illumination, the property owner shall install an external dimming mechanism, and if that is not possible, based upon proof that the owner shall submit to the Town of Pendleton Building Department, then the EMC sign shall be considered to be "grandfathered," but if any EMC sign so grandfathered is replaced or updated, it shall conform to the standards set forth in this section.

(9) The duration time of a message displayed on the EMC shall be a minimum of 10 seconds. "Duration time" is how long a message must remain fixed in place before it can transition to another message.

(10) The transition time of the EMC signs should not last more than one second. The "transition time" is how long it takes to go from one message to the next.

(11) Message displays will be instantaneous, without scrolling, fading-in, dropping-in or similar moving copy changes, and moving pictures and digital movies shall not be displayed.

G. Nonconforming signs.

(1) Permanent signs. To avoid hardship, owners shall be allowed to use nonconforming signs permanently affixed to a structure or foundation which have been in existence prior to the effective date of this chapter.

(2) Replacement. A nonconforming sign which is destroyed or which is damaged to an extent in excess of 50% of its value shall not be replaced except by a sign which conforms to this chapter.

(3) Alteration. A nonconforming sign may not be altered, rebuilt or resumed except in conformity with this chapter as well with the regulations for the district in which it is located.

§ 247-54 Site plan review; performance and design standards.

[Amended 8-24-1994; 9-2-1997; 11-8-2000; 8-2-2005; 10-2-2007 by L.L. No. 2-2007; 9-7-2010; 10-12-2020 by L.L. No. 4-2020; 6-13-2022 by L.L. No. 2-2022]

A. Intent. The intent of site plan review is to evaluate specified land uses in terms of their suitability to natural site conditions, their compatibility with surrounding land uses and their conformance with overall plans for the community, thus minimizing possible adverse effects on the health, safety and welfare of local residents.

B. Applicability. All applications for building permits, including change of use, shall be accompanied by an approved site plan, except for the following: single-family detached and two-family residences, including permitted accessory uses and additions and general farming use.

C. Reviewing agency. The final site plan shall be subject to the approval of the Planning Board.

D. Review procedures.

(1) Planning Board review; sketch plan.

(a) A preliminary sketch plan conference shall be held between the Planning Board and the applicant prior to the preparation and submission of the final site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his/her proposal prior to the preparation of a detailed site plan and prior to incurring design costs, and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and generally determine the information to be required on the site plan. The project's status under State Environmental Quality Review (SEQR) will be determined at this time.

(b) In order to accomplish these objectives, the applicant shall provide sketches of the proposed development, together with an area map showing the location of the site in the general area. This step is designed to save the applicant from possible future delays. A sketch plan application must be filed and a sketch plan fee must be paid to the Town Clerk prior to the preliminary sketch plan conference with the Planning Board. Such fee shall be as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.

(c) The Planning Board will review the site plan sketch and advise the applicant on whether to proceed with a final site plan review. If the project does not warrant final site plan action, the Planning Board will take action without a public hearing.

(2) Final site plan review.

(a) The applicant shall submit to the Planning Board an application for final site plan review approval, which shall be accompanied by 15 copies of the following: complete plans and specifications of the proposed site showing:

[1] A copy of the final plat application form.

[2] A boundary survey.

[3] A topographical survey based on United States Geological Survey (USGS) data to extend a reasonable distance beyond the site.

[4] The location of existing and proposed easements.

[5] Existing natural features, such as watercourses, water bodies, wetlands, wooded areas, individual large trees and flood hazard areas. Features to be retained in the development should be indicated.

[6] Soil characteristics, regarding capabilities and/or limitations for development if required.

[7] The location and design of all existing on-site or nearby improvements, including drains, culverts, water lines, sewers, gas/electric lines and poles, bridges, retaining walls, fences and stormwater management areas.

[8] The location and design of proposed utilities, including water, sanitary and storm sewer systems.

[9] The location and design of all streets, parking and service areas, access drives and bicycle and pedestrian ways within and immediately adjoining the site.

[10] The location and height of proposed buildings, structures and enclosures.

[11] The location and proposed development of all open space, including parks, playgrounds, screen plantings and other landscaping.

[12] The location, size and design of all proposed signs and lighting facilities.

[13] Building elevation drawings.

[14] A grading and drainage plan showing existing and proposed contours at intervals not exceeding 2.5 feet.

[15] Other elements integral to the proposed development as considered necessary by the Planning Board.

[16] Map, plan and report with all legal documentation submitted to create a stormwater drainage district or districts for this site. A district shall be defined as the watershed area for a specified location under post-development conditions where stormwater is discharged from this site on the public right-of-way.

[17] A stormwater pollution prevention plan (SWPPP), if required for the proposed land development activity under Article XIII of this chapter, together with the recommendation of the Stormwater Management Officer (SMO) to approve, approve with modifications, or disapprove the SWPPP pursuant to § 247-85C. If an SWPPP is submitted pursuant to this section, such SWPPP and site plan shall comply with the requirements of Article XIII of this chapter.

(b) Drawings, documents and information are to be prepared by a qualified professional engineer, architect, planner or surveyor, as appropriate and as determined necessary by the Planning Board. This must be submitted within six months of the sketch plan acceptance.

(c) Distribution of final site plan. One copy to:

[1] Each Planning Board member.

[2] The Town Board.

[3] The Town Engineer.

[4] The Highway Superintendent.

[5] The Stormwater Management Officer.

[6] The Town Assessor.

[7] The Town Clerk.

[8] The Code Enforcement Officer/Building Inspector.

[9] The Niagara County Planning Board.

(3) Referral to Niagara County Planning Board.

(a) A referral shall be made to the Niagara County Planning Board at least 10 days before holding a public hearing on a site plan application affecting real property within 500 feet of the following:

[1] A boundary of the Town;

[2] The boundary of any existing or proposed county or state park or other recreation area;

[3] The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway;

[4] The existing or proposed right-of-way of any stream or drainage channel owned by the county (or for which the county has established channel lines);

[5] The existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or

[6] The boundary of a farm operation located in an agricultural district, as that term is defined by Article 25-AA of the Agriculture and Markets Law.

(b) Within 30 days after receipt of a full statement of such referred matter, the Niagara County Planning Board or an authorized agent of the Niagara County Planning Board shall report its recommendations to the Planning Board, accompanied by a full statement of the reasons for such recommendations. If the Niagara County Planning Board fails to report within such thirty-day period, or within a longer period as may have been agreed upon by it and the Planning Board, the Planning Board may act without such report. If the Niagara County Planning Board disapproves the proposal or recommends modification thereof, the Planning Board shall not act contrary to such disapproval or recommendation, except by a vote of a majority plus one of all the members of the Planning Board and after the adoption of a resolution fully setting forth the reasons for such contrary action.

(c) Within seven days after final action on a referral by the Planning Board, the Planning Board shall file a report of the final action with the Niagara County Planning Board.

(4) Public hearing. The Planning Board shall conduct a public hearing on the final site plan review within 62 days of receipt of a complete final site plan. This hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing. Notification of the public hearing shall be sent to all property owners within 400 feet of the site plan review property.

(5) Referrals. Prior to taking action on the site plan, the Planning Board shall review the recommendations received from the Town Board, Town Engineer, Highway Superintendent, Code Enforcement Officer/Building Inspector, Assessor, Niagara County Planning Board and all other officials and agencies deemed necessary.

E. Review standards. The Planning Board's review of the final site plan shall include as appropriate, but is not limited to, the following considerations:

(1) Zoning compliance and compatibility with the Master Plan.

(2) The location, arrangement, size, design and general site compatibility of buildings, lighting and signs; the adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic control.

(3) The location, arrangement, appearance and sufficiency of off-street parking and loading.

(4) The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

(5) The adequacy of stormwater management facilities, drainage facilities, water supply, and sewage disposal facilities.

(6) The adequacy, type and arrangement of trees, shrubs and other landscape constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation. The Planning Board will have authority to determine the need, size, placement and type of buffer and/or barrier.

(7) The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.

(8) Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

(9) The overall impact on the neighborhood, including compatibility of design considerations.

F. Performance design standards.

(1) Fire and explosive hazards. All activities and all storage of flammable and explosive material shall be provided with adequate safety devices against the hazards of fire and explosion, and adequate firefighting and fire-suppression equipment and devices shall be required.

(2) Radioactivity or electrical disturbances. There shall be no activities which emit radioactivity onto adjoining properties. There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of the disturbance.

(3) Smoke. There shall be no emission from a chimney or other device for longer than five minutes in any hour of visible gray or visible smoke of any other color with a shade darker than No. 3 of the standard Ringelmann Smoke Chart as issued by the United States Bureau of Mines.

(4) Smoke, ash, dust, fumes, vapor, gases and other forms of air pollution.

(5) There shall be no emission at any point from any chimney or other device which can cause any damage to health, to animals, to vegetation or to other forms of property or which causes any excessive soiling at any point.

(6) The erection or use of any building or structure or the use of any land for any purpose which shall be noxious or injurious by the reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibration or similar substances or conditions shall be prohibited.

(7) Liquid and soil wastes. There shall be no discharge at any point into any public sewerage system or stream or into the ground of any materials in such a way or of such a nature as can contaminate or otherwise cause the emission of hazardous materials.

(8) Noise and vibration. There shall be no vibration or noise level at the property line greater than the average noise level occurring on adjacent streets.

(9) Glare. No direct glare, whether from floodlights or from high-temperature process, shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

(10) Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.

(11) Storage. All materials will be stored inside an enclosed (but not necessarily roofed) structure. All organic rubbish or storage shall be contained in verminproof containers, which shall also be screened from public view.

(12) Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designed storage area shall be clearly marked for storage of shopping carts.

(13) Lighting. All parking areas, driveways and loading areas shall be provided with an adequate lighting system. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.

(14) Building design. Buildings shall be designed to take advantage of the natural terrain and shall not be physically located to unnecessarily concentrate activity in one portion of the lot. At least one entrance shall be at ground level. All pedestrian entrances shall be paved with an all-weather surface. A curbing strip shall be provided to separate parking areas, streets and driveways.

(15) Vehicles. Any movable structure, trailer, automobile, truck or parts of these items or any other items of similar nature allowed to remain on the premises a longer time than that required to unload or otherwise discharge its normal functions shall be considered subject to all regulations set forth in this chapter.

(16) Change in occupancy. Any change in occupancy and/or use in an existing building which is used for commercial and/or industrial purposes will require an inspection by the Code Enforcement Officer/Building Inspector and a new certificate of occupancy issued for the intended use. If external changes to the structure are required, a site sketch plan will be required before a building permit and/or certificate of occupancy/certificate of compliance is issued.

G. Planning Board action. Within 62 days of the public hearing for final site plan approval, the Planning Board shall either approve or disapprove the final site plan and notify the applicant, stating the basis if not approved. This time period may be extended by mutual consent of the Planning Board and the applicant to allow all interested parties to comment on or modify the proposal.

H. Code Enforcement Officer/Building Inspector. Upon approval by the Planning Board, a complete final site plan review package will be sent to the Code Enforcement Officer/Building Inspector before a building permit is issued.

I. Fee. An application for the final site plan review shall be accompanied by a fee as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.

J. Reimbursable costs. Costs incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged to the applicant.

K. Improvements.

(1) No certificate of occupancy/certificate of compliance shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed.

(2) The Code Enforcement Officer/Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with other officials and agencies as appropriate.

(3) The applicant shall provide a map satisfactory to the Code Enforcement Officer/Building Inspector indicating locations of monuments marking all underground utilities as actually installed. No performance bonds shall be released nor certificates of occupancy/certificates of compliance issued until such map is provided by the developer.

L. Approvals. Approvals granted by the Planning Board will be honored for one year from the date of approval. A building permit for the project must be procured from the Code Enforcement Officer/Building Inspector within the one-year limitation period. Applicants seeking to restart their project subsequent to the one-year limitation period will be referred back to the Planning Board for a new site plan review.

§ 247-55 Oil and gas wells.

[Amended 8-24-1994; 6-4-1996 by L.L. No. 1-1996; 12-14-2020; 6-13-2022 by L.L. No. 2-2022]

A. Requirements.

(1) All oil or gas wells and storage facilities for oil and gas shall be located in accordance with Article IV (District Regulations) and § 247-29 (Yards). In addition, all laws and regulations enforced by the Oil and Gas Division of the New York State Department of Environmental Conservation shall be observed.

(2) Oil or gas wells, and storage facilities for oil and gas, shall not be closer than:

(a) One hundred fifty feet to any public building or area of any such building which may be used as a place of assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic or occupancy by the public.

(b) Seventy-five feet to any public street, road, or highway.

(c) One hundred feet to any public stream, river, or other body of water.

B. Site plan review. All oil or gas wells and storage facilities for oil and gas shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards.

C. Special use permit.

(1) An oil or gas well and storage facility for oil and gas shall be considered a special use requiring a special use permit granted by the Town Board in accordance with § 247-16, following site plan review and approval by the Planning Board. Town Board review will be undertaken to ensure that all provisions in this § 247-55 are being adhered to. The Town Board has discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).

(2) The standards and regulations governing this use shall not be construed to exclude the requirement for further conditions and standards as determined necessary by the Town Board for granting a special use permit under § 247-16.

(3) Once a special use permit is granted, the oil or gas well and/or storage facilities for oil and gas will be subject to an annual inspection by the Code Enforcement Officer/Building Inspector. An annual inspection fee shall be as described in the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.

D. Fees. For appropriate fees, see the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.[1]

[1] Editor's Note: Original Section 809, Gravel and Sand Operations, which immediately followed this section, was repealed 8-24-1994. For current provisions, see Art. XIV, Excavation and Fill.

§ 247-56 Airports and airstrips.

[Amended 8-24-1994; 12-14-2020; 6-13-2022 by L.L. No. 2-2022]

A. Site plan review. All airports and airstrips in the Town shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards.

B. Special use permit.

(1) It shall be unlawful for any person to construct, maintain, or operate, within the limits of the Town, any airport or airstrip unless such person shall first obtain a special use permit from the Town Board, following site plan approval from the Planning Board.

(2) The application for a special use permit shall be accompanied by a plan of the airport or airstrip showing the size of the field, position and size of buildings or structures, runways, number of planes permanently stationed or housed thereon, etc. It shall show the location of the airport or airstrip from two intersecting streets. Any alteration or changes in the length or direction of runways shall require a new special use permit.

(3) Renewal of permit.

(a) The special use permit shall be valid for a period of three years. Application for a special use permit renewal shall be filed with the Town Clerk, for review and approval by the Town Board pursuant to § 247-16, not less than 60 days before expiration of the current permit. Any special use permit not renewed within 60 days after the expiration date shall become null and void. A special use permit renewal shall not require a public hearing. A change of ownership and/or operating personnel of the airport or airstrip shall require a new special use permit.

(b) The special use permit is subject to an annual review by the Town Board to ensure that all the provisions of this § 247-56 are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation/violations.

(4) Application for a special use permit for an airstrip shall be accompanied by a fee as shall be described in the Town of Pendleton Fee Schedule, adopted by the Town Board by Resolution, and as may be amended from time to time, and any engineering costs. A renewal fee, as shall be described in the Town of Pendleton Fee Schedule, shall be collected every three years.

C. Requirements.

(1) No plane other than that of the applicant shall be based permanently at a private airstrip.

(2) Spacing requirements between existing and proposed airports shall be the sum of the following radii prescribed for each airport, in accordance with its size classification as defined in this § 247-56. The size classification of airports under this § 247-56 shall be in accordance with the standards as established by the Federal Aviation Administration.

Class	Radius (miles)
I or smaller	1
II	2
III	3
IV or larger	4

§ 247-57 Dumps, junkyards and auto wrecking yards.

[Amended 8-24-1994; 6-13-2022 by L.L. No. 2-2022]

A. No dumps, junkyards or auto wrecking yards shall be permitted in the Town.

B. Dumps, junkyards and auto wrecking yards are considered heavy industrial uses and there is no heavy industrial zoning permitted in the Town.

§ 247-58 Garage sales, lawn sales and similar sales.

A. Garage sales may be conducted once or twice a year subject to the following rules and regulations:

(1) All sales shall be conducted during daylight hours.

(2) A sign no greater than two feet by two feet may be installed on the property where the sale is being conducted, which sign shall be removed within 24 hours after completion of the sale.

(3) The person conducting the sale shall be responsible for the maintenance of good order on the premises during all hours of the sale or activity.

B. Permit.

(1) A permit must be obtained if more than two sales are conducted in one year.

(2) When applying for a permit, the applicant shall state the location and number of days of the sale and obey the above rules and regulations.