Town of Manchester, NY Part 4 Requirements for Certain Uses

Article 40 Requirements for Certain Uses

§ 325-40.1 Purpose and applicability.

A. Purpose and intent.

1) Purpose. This article provides additional regulations for uses that are generally considered to have a higher potential for incompatibility with residential or low impact commercial uses without proper mitigation measures. The purpose of the regulations contained herein is to promote the health, safety, and general welfare of the public, while also protecting property values and the character of the immediate neighborhood and Town of Manchester community.

2) Intent. These regulations are intended to mitigate the potentially undesirable impacts of certain uses, which by reason of nature or manner of operation, are or may become hazardous, obnoxious, or offensive owing to excessive and undue increases in the production and presence of odors, dust, smoke, fumes, noise, vibrations, refuse matter, vehicular traffic, or human activity.

B. Applicability.

1) The following requirements are applicable to all uses, permitted (P) and specially permitted (SUP), as noted in the use tables of Parts 2 and 3 of this chapter.

2) Specially permitted uses must obtain a special use permit and site plan review approval as required by Article 62.

3) Permitted uses do not require a special use permit. However, permitted uses must obtain site plan review approval and conform to the additional use requirements of this article, where applicable.

4) Should the additional use regulations of this article conflict with other requirements of this chapter, the regulations contained herein shall take precedence.

5) No authorization for a special use permit or building permit shall be granted for any use listed in this section unless it is determined that the proposed use also meets the additional regulations required in this section.

§ 325-40.2 Accessory structures and uses.

Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district as noted in Part 2 of this chapter. All accessory uses and structures shall be in conformance with this section.

A. General requirements. All accessory structures and uses shall:

1) Be clearly incidental and subordinate to the principal structure or use by height, area, extent, and purpose.

2) Not be located in any required front yard area.

3) Be in conformance with the height and setback restrictions of the applicable zoning district and shall not cause the rate of overall lot coverage to exceed the maximum rate permitted.

4) Be finished with materials and/or siding that is consistent and compatible with the existing character of the principal structure and surrounding residential neighborhood.

5) Maintain a separation of at least 10 feet from any dwelling unit and at least five feet from any other accessory structure, including accessory structures on an abutting lot.

6) Not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.

7) May be built prior to the erection of a principal structure with Planning Board approval.

B. Accessory buildings in residential districts. The following shall apply to all accessory buildings on lots under one acre in size.

1) The total area of all accessory buildings on a lot shall not exceed 1,000 square feet and 800 square feet for a single accessory building.

2) There shall be no more than one accessory building in addition to a private garage.

C. Permitted residential accessory uses and structures. The following shall be considered permissible residential accessory uses or structures for the purposes of this chapter.

1) Decks, patios, or terraces.

2) Carports and garages.

3) Enclosed storage structures, such as sheds.

4) Fences and walls subject to the provisions of § 325-40.18.

5) Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.

6) Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use. Such structures shall not obstruct access to required parking.

7) Personal or home electric vehicle charging stations.

8) Radio and dish antennas limited to one meter or less in diameter.

9) Solar energy system, subject to the provisions of § 325-40.33.

10) Playgrounds or playhouses.

11) Private swimming pools, spas and hot tubs, subject to the provisions of § 325-40.29.

12) Noncommercial nurseries, gardens, or greenhouses.

13) Other uses and structures which the CEO[1] deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

[1] Editor's Note: "CEO" stands for Code Enforcement Officer.

D. Permitted nonresidential accessory uses and structures. The following shall be considered permissible nonresidential accessory uses or structures for the purposes of this chapter.

1) Decks, patios, and terraces.

2) Detached garages.

3) Enclosed storage structures, such as sheds.

4) Fences or walls subject to the provisions of § 325-40.18.

5) Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.

6) Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use. Such structures shall not obstruct access to required parking.

7) Off-street parking and loading areas, including electric vehicle charging stations, subject to the provisions of Article 51.

8) Radio and dish antennas limited to two meters or less in diameter.

9) Solar energy system, subject to the provisions of § 325-40.33.

10) Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use. Pedestrian safety, access, and connectivity shall be addressed through site plan review.

11) Commercial vending machines in any commercial district, but not within the required setbacks. If located within 150 feet of a residential district the machine shall be screened from the residential district.

12) Plant nurseries, gardens, and greenhouses.

13) Other uses and structures which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

E. Prohibited accessory uses and structures. The outdoor placement of accessory commercial vending machines in a residential district shall be prohibited.

§ 325-40.3 Adult care facilities.

A. All adult care facilities shall be maintained and operated according to the regulations set forth by the NYS Department of Health and shall not be permitted within the Town without obtaining proper licensing from the state.

B. No adult care facility shall be located within one-quarter (1/4) mile of any other existing adult care facility regardless of municipal boundary lines.

C. Adult care facilities shall also be subject to the requirements set forth in § 325-40.24, Multiple-family dwellings, where applicable.

§ 325-40.4 Adult use and entertainment establishments.

All adult use and entertainment establishments within the Town shall be in accordance with Chapter 101 (Adult Entertainment) of the Town of Manchester Code, as well as the regulations set forth in this chapter.

§ 325-40.5 Airports or heliports.

Airports and heliports, including private landing strips, shall require special use permit and site plan review. In addition to the application requirements of Articles 62 and 64, the following shall also be provided to the reviewing board:

A. Classification of the proposed airport or heliport (commercial, noncommercial, or restricted).

B. Type of aviation activities proposed (aircraft sales and service, flight instruction, crop dusting, air taxi, etc.).

C. Type of aircraft expected to be based at the airport or heliport (single-engine, multi-engine, turboprop, jet, etc.) and the number of aircraft expected to be based at the airport initially and within five years.

D. Statement as to the anticipated number of daily operations and whether or not an instrument approach procedure will be offered.

E. Copy of the airspace clearance granted by the Federal Aviation Administration for this airport, including USGS topographic map.

F. A copy of the New York State Commissioner of Transportation's determination concerning this airport in accordance with the provisions of § 249 of the New York State General Business Law.

G. A site plan of the airport or heliport at a scale no less than one inch equals 100 feet, identifying the following:

1) Locations of existing and proposed structures.

2) Alignment of existing and/or proposed runways in exact location and magnetic bearing to the nearest 30 minutes.

3) Existing and proposed contours at five-foot intervals.

4) Location of aircraft parking and tie-down areas.

5) Provisions for vehicular access and off-street parking.

6) Provisions for sanitary waste disposal and water supply.

7) Location and method of fuel storage.

H. An area map at a scale of no less than one inch equals 500 feet, identifying the following:

1) Distances, power lines, or other possible obstructions within 2,000 feet of the ends of runways.

2) Properties within 500 feet of all airport property lines and owners thereof identified.

§ 325-40.6 Automotive sales.

A. All areas for the travel or storage of motor vehicles shall be paved, suitably graded and drained, and maintained in a neat and orderly manner.

B. The number of cars that may be for sale on the premises must be specified on the special use permit. An increase in the number of cars to be sold shall require a new permit.

C. Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.

D. Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.

E. No repairs, other than minor repairs shall be performed on the premises. All maintenance, service, and repairs of motor vehicles shall be performed within an enclosed structure. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed structure or screened area.

F. No vehicles shall be displayed for sale within 10 feet of any property line that abuts a nonresidential district. No vehicles shall be displayed for sale within 30 feet of any property line that abuts a residential district.

G. Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).

H. The retail sales of fuel shall not be permitted.

I. Such use shall also comply with all applicable development standards as provided in Part 5 of this chapter.

§ 325-40.7 Automotive service or repair shops and gasoline stations.

A. General requirements.

1) All areas for the travel or storage of motor vehicles shall be paved, suitably graded and drained, and maintained in a neat and orderly manner.

2) Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.

3) Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.

4) Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).

5) The retail sales of fuel at automotive service or repair shops shall not be permitted, unless an additional permit is obtained for a gasoline station in accordance with this chapter.

6) No outdoor storage of materials, merchandise, and equipment shall be permitted during non-business hours.

7) All such uses shall also comply with all applicable development standards as provided in Part 5 of this chapter.

B. Automotive service and repair shops. Service and repair shops shall comply with the following regulations:

1) The number of vehicles that can be accommodated on site for repair and storage is to be determined by the Planning Board;

2) Repair shops shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles;

3) All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts, partially dismantled motor vehicles, or unlicensed motor vehicles shall be stored outside of an enclosed structure for more than 48 hours; and

4) A spill prevention plan shall be provided.

C. Gasoline stations. Gasoline stations shall also comply with the following regulations:

1) In addition to the information required for site plan review, the plan shall also indicate the location, number, capacity, and type of fuel storage tanks, the number of pumps to be installed, and the depth to the tanks;

2) No gasoline station or automotive repair shop shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, in which there exists an educational institution, public playground, religious institution, hospital or public library, and such access shall be not closer to any intersection than 125 feet.

3) Gas stations may include retail sales of food, convenience items, and minor automobile supplies or liquids provided that the sales of such items are within an enclosed structure and are an accessory use.

4) Gasoline stations shall be under the control of an attendant at all times during the hours of operation.

5) All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.

6) Fuel pumps shall be located no closer than 30 feet from the public right-of-way or 50 feet from any other property lines.

7) All storage facilities for fuel, oil, gasoline or similar substances shall be underground and shall be at least 30 feet from any property line. Tanks shall be installed and maintained in accordance with all state and federal standards.

8) Tanks shall be located at least 500 feet from a place of public assembly as defined by the NYS Uniform Fire Prevention and Building Code.

§ 325-40.8 Bed-and-breakfasts.

In order to protect the residential character of the district in which it is located, a bed-and-breakfast facility shall be limited by the following criteria and/or any other conditions as determined by the Planning Board:

A. A bed-and-breakfast shall only be permitted as a specified use in a single-family, detached dwelling;

B. The residential character of the dwelling shall be preserved and no structural alterations, construction features, or site features of a nonresidential nature shall be incorporated. No accessory buildings shall be used for bed-and-breakfast activities;

C. The owner/operator of the bed-and-breakfast shall live full-time on the premises;

D. Up to two nonresidents may be engaged as employees of the bed-and-breakfast operation;

E. A bed-and-breakfast shall have a maximum of four guest rooms with no more than two guest rooms sharing a single bath and no more than eight adult guests at one time. For the purpose of this section, "adult" means any person over the age of 18;

F. The maximum length of stay for any guest is 14 consecutive days;

G. Parking shall be provided in accordance with Article 51 and may not be located in the front yard where practicable. The Planning Board shall approve the location and screening of said parking spaces; and

H. There shall be no change in the outside appearance of the building or premises that detracts from the residential character of the residence or from the residential character of the neighborhood.

§ 325-40.9 Breweries, wineries, or distilleries.

A. When adjacent to residential uses or districts, such uses shall be buffered to minimize visual and auditory impacts in a method approved during site plan review. Such buffering may include, but is not limited to, landscaping, screening, and fencing.

B. All such uses dealing with the importation, manufacture, distribution, or sale of alcohol shall obtain a license as required by the NYS Liquor Authority and operate in accordance of the regulations therein. A complete copy of any application filed with and license issued by the NYS Liquor Authority shall be provided with any application subject to this chapter.

C. Bars and tasting rooms of breweries, distilleries, and wineries shall include a minimum food preparation area and menu that satisfies the NYS Liquor Authority's minimum food requirement.

§ 325-40.10 Campgrounds.

A. Camping grounds shall be occupied only by travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, and tents suitable for temporary habitation and used for travel, vacation, and recreation purposes. The removal of wheels and placement of a unit on a foundation in a camping ground is prohibited.

B. Not more than 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

C. A camping ground shall be so located that no entrance or exit from a site shall discharge traffic into any residential district nor require movement of traffic from the camping ground through a residential district.

D. A camping ground shall have a minimum of 150 feet of frontage on a public street.

E. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

F. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin- operated laundries, and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds and must be approved by the Town Planning Board through site plan review. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds subject to the following restrictions:

1) Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping grounds. Such establishments shall be restricted in their use to occupants of the camping ground.

2) Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.

3) The structures housing such facilities shall not be located closer than 100 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the camping ground.

G. Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Health and/or Environmental Conservation, and shall receive approval from said agencies.

H. Streets in camping grounds shall be private, but shall be constructed with a stabilized travel way and shall meet the following minimum stabilized travel way width requirements:

Table 40-3: Travel Way Width Requirements
Travel Way	Minimum Width (feet)
One Way
No on-street parking	12
On-street parking one side	18
Two Way
No on-street parking	18
On-street parking one side	27
On-street parking both sides	34

I. Each travel-trailer site shall be at least 2,500 square feet in area and have a minimum width of 40 feet.

J. Travel trailers, campers, tents, motor homes and the motor vehicles propelling or carrying the same may be located not closer than 15 feet to any side or rear lot line nor closer than 60 feet to any front lot line.

K. A minimum of 8% of the gross area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreational facilities. No travel-trailer site, required buffer strip, street right-of-way, storage area, or utility site shall be counted as meeting recreational purposes.

L. Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. An adequate lighting system shall be provided for the camping ground.

M. All utilities shall be underground.

N. Not less than one covered 20-gallon garbage receptacle shall be provided for each camp site. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions.

O. All applicable sanitation standards promulgated by the State of the New York shall be met.

§ 325-40.11 Car washes.

A. All washing facilities shall be completely within an enclosed building.

B. Vacuuming facilities may be outside of the building but shall not interfere with the free flow of traffic on or off the site.

C. Where gasoline stations are either a principal use with or an accessory use to the car wash, the requirements of the gasoline station (§ 325-40.7) shall also be adhered to.

D. All areas for the travel or storage of motor vehicles shall be paved, suitably graded and drained, and maintained in a neat and orderly manner.

E. Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.

F. Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.

G. Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).

H. In the event a car wash is abandoned the owner shall immediately remove any outdoor vacuums, and all signs. The owner shall also provide adequate protection against unlawful entry into the building and onto the property and shall close all vehicular entrances to the property. A car wash shall be considered abandoned if it is inactive for a period of 12 consecutive months.

I. All such uses shall also comply with all applicable development standards as provided in Part 5 of this chapter.

§ 325-40.12 Day-care facilities, youth or adult.

A. All day care facilities shall be maintained and operated according to the regulations set forth by NYS Social Services Law and shall not be permitted within the Town without completion of the proper license and/or registration requirements of the state.

B. No permanently installed play equipment shall be located in the required front yards.

C. Day-care facilities conducted as part of a single-family home shall also comply with the requirements of § 325-40.20, Home occupations.

§ 325-40.13 Drive-through facilities.

Drive-through facilities may be allowed as stand-alone facilities or as an accessory use to "fast food" restaurants, pharmacies, banks, and other permitted or specially permitted uses provided such facilities comply with the following regulations:

A. No drive-through facility shall be permitted in the Hamlet Commercial District;

B. Each drive-through facility and its associated use shall provide ingress and egress so as to minimize traffic congestion;

C. Drive-through facilities, including any protective canopies, signage, drive-through travel lanes, or other associated elements, shall meet the setback requirements for the property;

D. Drive-through facilities with an amplified audio/visual system shall be set back a minimum of 30 feet from the property line. These facilities shall not be located adjacent to residential uses or districts; and

E. Stacking space for these facilities shall not impede on- or off-site traffic movements. The stacking space shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons. The minimum numbers of stacking or queuing spaces required by drive-through activity type are provided in Table 40-1 below.

Table 40-1: Minimum Stacking Requirements
Activity Type	Spaces	Measured From
Automated teller machine	3	Teller or window
Bank teller lane	4	Teller or window
Car wash stall, automatic	8	Entrance
Car wash stall, self-service	3	Entrance
Gasoline pump island	2	Pump island
Pharmacy	4	Window
Restaurant drive-through	6	Order box
Restaurant drive-through	4	Order box to pick-up window
Oil change and quick lube	3	Per bay
Other	Determined by Planning Board

§ 325-40.14 Eating and drinking establishments.

A. Eating and drinking establishments shall provide ingress and egress so as to minimize traffic congestion.

B. Eating and drinking establishments that are adjacent to residential uses or districts shall be buffered or screened to minimize visual and auditory impacts.

C. All such uses shall also comply with all applicable development standards as provided in Part 5 of this chapter.

§ 325-40.15 Exterior furnaces or outdoor heating devices.

Exterior furnaces, outdoor solid-fuel heating devices and outdoor wood-burning furnaces shall be subject to the following provisions:

A. Any exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace in existence on the effective date of this section shall be permitted to remain, provided that the owner applies for and receives a permit from the Town Code Enforcement Officer within one year of such effective date; provided, however, that upon the effective date of this section all the provisions of this section are met. If the owner of an existing exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace does not receive a permit within one year of the effective date of this section, the exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be removed. "Existing" or "in existence" means that the outdoor furnace is in place on a lot prior to the effective date of this section.

B. The applicant shall supply a copy of the manufacturer's installation directions with the application for a special use permit. The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be installed per the manufacturer's installation directions.

C. The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace is to be installed behind the front wall of the principal building on the lot.

D. The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be located no closer than 10 feet to any building or the distance recommended by the manufacturer, whichever is greater.

E. The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be located not less than 100 feet from any and all lot lines.

F. The chimney of every exterior furnace, outdoor solid-fuel heating device and outdoor wood-burning furnace shall be appropriate for the application and installed per the manufacturer's recommendations.

G. No garbage, petroleum products, household waste or industrial waste products shall be used as fuel in or burned in an exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace. An outdoor furnace may not be used as a waste incinerator.

H. The exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace may burn only the fuel for which the unit was designed, except for those items banned by these regulations.

I. All ashes produced from any burning in an exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace shall be disposed of properly to avoid cosmetic or environmental problems.

J. An application for an exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace must be accompanied by a site plan and include the setback dimensions of the unit from all adjacent property lines.

K. Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation or any other federal, state, regional or local agency. Exterior furnaces, outdoor solid-fuel heating devices and outdoor wood-burning furnaces, and any electrical, plumbing or other apparatus or device used in connection with an exterior furnace, outdoor solid-fuel heating device or outdoor wood-burning furnace, shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this section and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision shall prevail.

§ 325-40.16 Farm worker housing.

A. Farm worker housing is permitted for occupancy by farm workers and their families in accordance with the provisions of NYS Agriculture and Markets Law.

B. Farm worker housing shall meet all requirements of the New York State Sanitary Code, Uniform Fire Prevention and Building Code, and all other applicable laws, rules or regulations.

§ 325-40.17 Farm stands.

A farm stand may be permitted as a seasonal accessory use and as such may sell agricultural and horticultural products associated with an agricultural use. Such stands shall be subject to site plan review per Article 62 and must comply with the following:

A. No more than two structures of a temporary and movable nature shall be permitted per lot. Such structures must conform to the dimensional and bulk requirements of Article 25.

B. Such structures shall not exceed 500 square feet in floor area and shall not be fully enclosed. At least one side of the farm stand shall be open to provide free access to patrons. All farm stands must also be inspected and approved by the Code Enforcement Officer.

C. A ground display area may be permitted provided it is located immediately adjacent and secondary to the farm stand and does not exceed 500 square feet in area.

D. If adequate parking is not available on the street so as to not interfere with the safety and flow of traffic, the owner must designate a temporary, off-street parking area.

E. Should any provision regulating farm stands within this zoning law be in conflict with the New York State Department of Agriculture and Markets Law, the state's provisions shall take precedence.

§ 325-40.18 Fences.

A. Permit required.

1) No fence may be installed or constructed within the Town unless the CEO has issued a building permit. No permit for a fence shall be issued unless the proposed fence shall comply with the standards contained in this article.

2) Fence permit applications shall be accompanied by a certified lot or parcel survey map. Applications absent a survey shall be deemed incomplete and the fence may not be permitted or erected.

3) A sketch plan with accurate measurements setting forth the placement, length, and height of the fence, including distance from adjoining property is required. All gates and/or entrances shall be considered part of fence.

B. Permit exceptions. The following fence configurations shall not require the issuance of a permit. Such fences shall still conform to the requirements of this section.

1) Fences installed as part of a permitted agricultural use.

2) Fences no more than three feet in height and no more than 50% opaque, which are erected within the required setback area for the purposes of enclosing a garden or other such feature.

C. General requirements.

1) All fences must be erected within the private property lines, and no fence, hedge, shrub or bush shall be erected as to encroach upon a public right-of-way or public sidewalk.

2) No fence shall be erected less than six inches from the property line.

3) All fences shall be constructed so that the finished side faces outward from the premises with the backers and/or support facing inward toward the property owner's side of the fence.

4) All fences shall be maintained in a safe, sound, and upright condition.

5) The use of motor vehicle, farm implements, parts, components, body parts, tires or trailers as a fence or support of a fence is prohibited.

6) Barbed wire, electricity, or similar materials or devices may not be used in conjunction with or as part of any fence. The provisions of this subsection shall not apply to fences on premises used exclusively for a permitted agricultural use as set forth in this chapter.

D. Fence height.

1) Fencing located in the front yard area shall not exceed four feet in height.

2) Fencing in the side or rear yard area shall not exceed six feet in height in residential districts or eight feet in height in all other districts, except where otherwise permitted by this chapter.

3) Fencing for kennels and for the purpose of enclosing farmland, horses, and/or livestock shall not exceed eight feet in height in any yard area.

4) Fencing used to enclose a tennis court or other recreational court may be permitted up to 10 feet in height, provided that such fencing is not less than 10 feet from the side and rear property lines.

E. Special considerations. A fence that has barbed wire tipped, razor wire or edge, or an electric shock fence which would not be detrimental to health, safety or welfare of any person coming into contact with it, may be permitted provided it receives site plan approval and the said fence meets one of the following requirements:

1) The fence is needed to prevent entry into an area which could be hazardous to the health, safety or welfare of a person or persons.

2) The fence is needed to secure an area where materials and/or equipment is stored.

3) Where the general community interests or interests of national safety justify the need for such a fence.

§ 325-40.19 Grading, excavating, clearing, filling and mining.

All grading, excavation, clearing, filling and mining operations and activities in the Town of Manchester, outside the Villages of Manchester, Shortsville and Clifton Springs, shall comply with the provisions of Chapter 196, Grading, Excavating, Clearing, Filling and Mining, of the Code of the Town of Manchester.

A. Special use permits.

1) An applicant, property owner, person or persons stripping, excavating, mining or otherwise removing topsoil, subsoil, gravel, stone or sand shall be required to obtain a special use permit prior to removal or excavation.

2) Each contractor, person or persons stripping, excavating, mining or otherwise removing topsoil, subsoil, gravel, or sand from the property of another shall be required to obtain a special use permit prior to any removal or excavation.

3) All special use permits shall denote the amount in yards of soil topsoil, subsoil, gravel, sand or stone to be removed and all dates, work hours, and duration of the removal operation.

4) No applicant, contractor, owner or person may exceed the removal amount specified in the original permit. The permit holder shall notify the Code Enforcement Officer each time the permitted removal limit is reached. The Code Enforcement Officer or permit holder may request the Planning Board to review and amend the application and permit and may require a current site plan. The Planning Board may approve with conditions or deny the amendment.

5) No soil is to be removed prior to the permit being amended. All amendments may be reviewed by the Planning Board or Town Engineer upon the request of the Code Enforcement Officer.

6) The applicant, upon receiving a special use permit from the Town of Manchester, grants to the Town of Manchester, its designees and/or Code Enforcement Officers, the right to enter upon properties for the purpose of site review in determining special use permit compliance and compliance with health, safety and welfare concerns, standards and/or requirements.

7) The Planning Board shall consider the following criteria in its review of the special use permit request:

i. The current use of the property proposed to be excavated, as well as the proposed use of the area subsequent to completion of the excavation and restoration thereof.

ii. The potential short-term and long-term effects of the proposal on the aesthetics and environment of the area or of surrounding areas.

iii. The effect on the property of the proposal that may change the productivity or suitability of the land for agricultural purposes and/or the desirability or feasibility.

iv. The amount of time, as estimated by the applicant, which will be required for the completion of the proposed excavation and the restoration of the property.

v. Noise and/or vibrations that may be created by the proposed operation.

vi. Additional traffic that may be created by the proposed operation.

vii. Dust that may be created by the proposed operation.

viii. Deleterious effects, if any, on the property in the general area of the proposed operation.

ix. All other criteria which from time to time may be relevant to a proposed operation.

8) Stripping, excavating or mining, or otherwise removing topsoil, subsoil, gravel, or sand for sale, shall be subject to a one-year special permit renewable upon review.

9) No special use permit for excavation operations shall be granted for a period of more than two years; but such permits may be renewable upon reapplication.

B. General requirements.

1) No person, firm or corporation shall strip, excavate, mine or otherwise remove topsoil or subsoil, gravel, sand or stone for sale or other use, other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto.

2) Mining and/or excavation operations from which topsoil, subsoil, gravel, stone or sand are sold will require a site plan. The site plan shall include an engineer's land area drawing and calculation for the measurement of the soil or substance to be removed. A survey shall be provided for the land area from which the removal shall occur. A special use permit may be granted by the Planning Board upon approval of site plans, calculations, restoration and berming plan.

3) The Code Enforcement Officer shall review site for noncompliance. The Code Enforcement Officer may issue a stop-work order for such noncompliance and may require review of the site by the Planning Board, Town Engineer and/or the New York State Environmental Conservation Department and all reasonable costs of such review shall be reimbursable to the Town of Manchester.

C. Safety berms.

1) A special use permit shall be required for the development of a safety berm. A safety berm site plan shall be filed with and approved by the Planning Board prior to construction of any berm, except for a berm developed in accordance with an approved site plan.

2) A special use permit is required for removal of any berm or portion of a berm, except for approved site plan reclamation.

3) The safety berm shall be not less than 10 feet in height. The berm shall be maintained at the ten-foot height. The berm shall not be less than 100 feet from the public right-of-way or a property line for excavations or mining areas with a slope depth exceeding 10 feet. Side and rear setback from residential property shall be not less than 1,500 feet. The Planning Board may require in the case of health, safety and welfare issues a berm for less than ten-foot slope depth. The Code Enforcement Officer may order a temporary berm for emergencies, public protection or health, safety and welfare considerations pending review by the Planning Board which may approve the temporary berm or order removal. The berm shall be planted in total with vegetation to prevent soil erosion prior to the issuance of a special use permit.

4) The Code Enforcement Officer for the protection of environmental standards, general safety or site plan compliance shall be notified prior to the removal of any berm or reclamation. The Code Enforcement Officer may request a review by the Planning Board or Town Engineer prior to permitting or denying authorization to remove any portion of a berm or reclamation.

D. Excavation operations.

1) Excavation operations may be permitted as noted in the district use requirements of this chapter.

2) No site preparation or construction shall commence, nor shall existing structures be occupied, until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

3) The applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27 of Article 23 of the Environmental Conservation Law, when applicable.

4) The minimum lot size for any such use shall be 10 acres.

5) All buildings and excavation operations shall be located or shall occur not less than 100 feet from any street or property line.

6) All equipment used for excavations and processing shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noises, vibrations and dust conditions which are injurious or a nuisance to persons living in the vicinity.

7) All operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., with no Sunday or holiday (New Year's Day, Fourth of July, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day) operations and except in the case of public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made.

8) All land which has been excavated must be rehabilitated in accordance with reclamation plans approved by the Planning Board as part of the site development plan review and approval process within one year after the termination of operations, at the expense of the operator.

9) A performance bond or some other financial guaranty shall be required to ensure that the conditions stipulated in the approval of the special use permit are carried out.

§ 325-40.20 Home occupations.

A. Residential home occupations. A residential home occupation may be allowed in a principal or accessory residential structure in accordance with the following provisions:

1) Permitted residential home occupations include, but shall not be limited to, the following uses: lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, photographer, teacher, tutor, beautician, barber, tailor, dressmaker, and repairperson.

2) Prohibited home occupations include those that would generate adverse impacts to or are incompatible with the existing character of a residential district. These uses include, but are not limited to, the following: ambulance services, animal care services, and motorized vehicle sales or repair.

3) The home occupation shall be owned and operated by the full-time resident(s) of the dwelling and shall operate wholly within the principal building or accessory structure.

4) Not more than two persons not residing in the household shall be employed in the home occupation. Additional individuals may be employed by or associated with the home occupation in so far as they do not report to work at the home occupation site.

5) The operation of a home occupation shall in no way change or alter the residential appearance or character of the premises or neighborhood in which it is located.

6) There shall be no exterior display or storage of materials, good, supplies, or equipment related to the operation of the home occupation.

7) No home occupation shall be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, or smell, electrical, magnetic or other interference, fire hazard, or any other nuisance not typically found in a residential neighborhood.

8) Activity involving on-site retail sales is prohibited, except the sale of items that are incidental to a permitted home occupation.

9) Deliveries on streets within residential districts shall be permitted by two-axle vehicles only.

10) The quantity and type of solid waste and its disposal shall be the same as that of any other permitted residential use.

B. Agricultural home occupations. An agricultural home occupation may be allowed in any structure associated with an agricultural use, in accordance with the following provisions:

1) Permitted agricultural home occupations include, but shall not be limited to, the following uses: carpenter, electrician, welder, machine shop, equipment repairperson, or small engine repairperson. This may also include the storage of recreational, commercial, and other vehicles or property otherwise not owned by the home occupation operator.

2) The use shall be conducted on a lot with a minimum area of two acres.

3) The home occupation shall be owned and operated by the property owner and shall operate wholly within the structure.

4) The use shall be clearly secondary to the main agricultural use and shall not change the agricultural character of the farm.

5) There shall be no open storage of materials, goods, supplies, or equipment which are used for, or result from, the agricultural home occupation.

6) No use shall be noxious or offensive by reason of the hours of operation or the emission of; noise, electrical interference, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse or other objectionable emission.

7) Activity involving on-site retail sales is prohibited, except the sale of items that are incidental to a permitted home occupation.

8) No use shall create a safety hazard for the existing residential and agricultural activities on or adjacent to the property.

§ 325-40.21 Keeping of farm animals, poultry, or bees.

A. Stabling of livestock or storage of manure or other material creating dust or odors shall not be permitted within 500 feet of any other residential structure or property line.

B. The housing and fencing of any animal(s) shall be located in the rear yard of the property.

C. Storage and disposal of waste shall be provided so the same shall not constitute a nuisance or potential health hazard to the public.

D. Appropriate shelter shall be provided for large and small animals.

E. The lot on which said animal(s) are kept shall have a minimum area of one acre for the principal building and an additional 32,000 square feet for each large animal and an additional 10,000 square feet for small animals.

F. The Planning Board may also require screening and/or fencing for any buildings or structures located on the premises or for any corrals, runs, tracks or other open areas used by horses so that there is minimal impact on adjacent property owners. All such buildings, structures, corrals, runs, tracks, or other areas shall be maintained in a neat and clean manner.

G. Commercial stables or riding academies shall have a minimum lot size of 10 acres.

1) Suitable and adequate off-street parking shall be provided in accordance with the requirements established by the Town Planning Board.

2) Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

3) Exterior loudspeakers shall be prohibited on the premises so as to minimize potential nuisances to adjacent properties.

§ 325-40.22 Kennel.

A. Landscaping or fencing shall be required so as to create a visual, sound, and odor buffer between such facility and adjacent properties.

B. All animals will be confined to the property and housed in an enclosed structure in humane conditions (i.e., protected from weather, clean, sanitary, adequate space, non-porous surfaces, well-ventilated, etc.). All animals shall be kept within a totally enclosed building between 8:00 p.m. and 6:00 a.m.

C. Adequate methods for sanitation and sewage disposal, which may require a waste disposal plan, are required. The disposal plan, at a minimum, should outline the approximate amount of sewage expected, methods to properly dispose of the sewage, and methods for sanitation of the kennel.

D. All kennel operations must apply for and secure proper licensing and registration as required by state and local law.

§ 325-40.23 Manufactured homes outside M-H District.

The standards and requirements of Article V of Chapter 217, Manufactured Homes, of the Code of the Town of Manchester shall control.

§ 325-40.24 Multiple-family dwellings.

A. Multiple-family dwellings, new construction. Development applications for newly constructed multiple-family dwelling units shall be subject to site plan review by the Planning Board in accordance with Article 62 of this chapter. In addition to the landscaping (Article 54), signage (Article 52), lighting (Article 55), and parking (Article 51) regulations of this chapter, newly constructed multiple-family dwellings are subject to the following specified use requirements:

1) All dwelling units and structures shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.

2) Driveways for ingress and egress shall be as required by the Planning Board.

3) There may be no less than two and no more than eight units in a single-, two-, or multiple-family attached dwelling group. The maximum length of attached structures shall not exceed 320 feet.

4) Distance between buildings.

i. The front or rear of any building shall be no closer to the front or rear of any other building than 40 feet.

ii. The side of any building shall be no closer to the side, front or rear of any other building than 30 feet.

5) Buildings shall not have large or long continuous wall or roof planes. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger buildings to produce a scale that is visually compatible with the Town's distinctive aesthetic character. To prevent an out-of-scale, monolithic appearance, larger buildings shall be visually divided into smaller sections no longer than 50 feet in length by gaps, recesses, or other architectural devices in such a way that adjacent buildings and facades define a continuous street wall and the public realm of the street.

6) Multiple-family buildings shall be laid out so that entrances face the street. Garage entrance/exit doors are prohibited on the front facade of buildings.

7) Parking areas may be located in any yard other than the front yard, but no closer than 15 feet from any property line and shall comply with all other regulations of the district in which the use is located.

8) Multiple-family dwelling developments of 10 units or more shall provide a shared recreational area(s) at a standard of 500 square feet per unit. Each such recreation area shall be developed with recreation facilities, including the installation of appropriate playground or leisure equipment.

9) Stairways to upper floors shall be located inside the building.

B. Multiple-family dwellings, by conversion. The conversion of an existing single-family residential building to a multiple-family dwelling is subject to site plan review by the Planning Board in accordance with Article 62 of this chapter. Any such conversion shall be required to comply with the following regulations:

1) All dwelling units and structures resulting from conversion shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.

2) No dwelling unit conversion shall be permitted in a structure with less than 2,400 square feet of gross floor area.

3) No conversion shall be permitted which results in more than four dwelling units.

4) Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single-family residential character of said building.

5) No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, comply with all off-street parking and loading regulations required by Article 51 of this chapter.

6) Conversion of existing buildings to decrease the number of dwelling units requires alterations or modifications to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.

7) The integration of a discontinued dwelling unit shall be further evidenced by the removal of those appurtenances that previously supported the discontinued dwelling unit and may include the removal of the kitchen (including appliances, cupboards, plumbing, utility connections, etc.) and utility meters, in excess of one meter per dwelling unit, except in the case of two or more dwelling units where an additional house meter may be permitted.

§ 325-40.25 Outdoor recreation facilities.

A. General requirements.

1) The sale or use of alcoholic beverages shall be prohibited.

2) Adequate toilet facilities for employees and customers shall be provided on site.

3) Operating hours shall be limited to the hours between 10:00 a.m. though 10:00 p.m. Sunday through Thursday and 10:00 a.m. through 11:00 p.m. on Friday and Saturday.

B. Go-carts and similar vehicular tracks.

1) No person shall cause or permit the establishment of a go-cart track or similar vehicular track within 500 feet of any residentially zoned district or within 500 feet of any religious institution, educational institution, park, playground or existing go-cart track, similar vehicular track or miniature golf course. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property used as a part of the premises for the track and/or course to the nearest property line of a residentially zoned district, religious institution or educational institution or to the nearest boundary of a park or playground;

2) A solid wall having a minimum height of six feet, incorporating noise-absorbing material on the inside, shall be placed on all sides of the facility that abut residentially occupied property. Noise levels shall be limited to 65 dB as measured 75 feet outside the wall. The remaining sides of the property shall be fenced in with a fence having a minimum height of four feet; and

3) Only operator-owned go-carts or other vehicles shall be allowed. No individually owned go-carts or other vehicles shall be allowed.

C. Miniature golf courses. A miniature golf course shall be fenced with a fence having a minimum height of four feet.

D. Outdoor commercial pools, spas and hot tubs. See § 325-40.29(B), (C), and (D).

§ 325-40.26 Outdoor sales or display.

A. The following requirements shall apply to all commercial operations regardless of the district in which they are located.

1) The display area shall not exceed 10% of the gross floor area of the principal structure;

2) The display area shall not block automobile traffic, private sidewalks, fire lanes, or other travel lanes;

3) Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than 10 feet from the wall;

4) Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building; and

5) The items for display are for sale and said area is not used for storage purposes.

B. Personal garage, lawn, yard, or rummage sales shall be allowed without zoning permits provided that no more than two such sales are held on a single property in any twelve-month period for a maximum duration of no more than five days, with a minimum of five days between the ending of a sale and the beginning of a new sale. At the end of a sale, all items that are for sale shall be moved so as not to be visible from the public right-of-way.

§ 325-40.27 Outdoor storage.

Outdoor storage shall be allowed only in nonresidential districts and shall be subject to the following requirements. This section shall not apply to outdoor storage associated with a residential use.

A. Hamlet commercial.

1) Outdoor storage shall not be allowed in the front yard.

2) Outdoor storage shall not occupy more than 10% of the entire lot size.

3) All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.

4) Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways.

5) All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

B. General commercial, industrial, and agricultural districts.

1) Outdoor storage shall not be allowed in the front yard.

2) All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.

3) Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways.

4) All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

5) Contractor material and equipment storage must be a minimum of 200 feet from a residential or open space district.

§ 325-40.28 Ponds.

A. Purpose. It is the purpose of this section to define and regulate all open water ponds in the Town in order to protect the environment, protect the rights of others to natural water flows and to prevent health and safety hazards that may occur by reason of the existence of ponds.

B. Applicability. This section shall apply to all open water ponds within the Town of Manchester. An open water pond shall include any man-made body of water, water area, retention basin, stone quarry, dammed area or agricultural liquid waste holding pond over 30 inches deep.

C. Exemptions.

1) Ponds constructed as part of active agricultural operations are exempt from this section, provided such ponds are in compliance with the Soil Conservation Service of the United States Department of Agriculture, NYS Department of Agriculture and Markets, and the Department of Environmental Conservation, including obtaining any and all required permits.

2) Retention and detention ponds mandated and/or owned by the Town are exempt from this section.

3) Natural ponds left in their natural state are exempt from this section.

4) Decorative ponds on any residential property provided such pond meets all required setbacks for the district in which it is located.

D. Regulations.

1) Open water ponds shall be subject to site plan review and approval by the Planning Board.

2) Complete compliance with the Soil Conservation Service of the United States Department of Agriculture and the Department of Environmental Conservation and all required permits shall be received prior to site plan approval.

3) All ponds must be maintained so as to ensure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito-breeding and similar conditions.

4) No pond can interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.

5) Open water ponds shall be not less than 50 feet from all property boundaries and not less than 150 feet from any public right-of-way.

6) To protect adjacent properties the Planning Board may require a stormwater plan in accordance with Chapter 269, Stormwater Management; Erosion and Sediment Control, of the Code of the Town of Manchester.

7) Landscape buffering with plantings or fencing may be required.

8) Retention basins designed to allow runoff shall comply with the Town's site design and development criteria (Chapter 275, Subdivision of Land, and Town road specifications).

§ 325-40.29 Swimming pools, spas and hot tubs.

A. Private swimming pools, spas and hot tubs.

1) General regulations.

i. No swimming pools shall be permitted to be located in the front yard.

ii. All swimming pools shall meet the minimum side and rear yard requirements of the district in which they are located.

iii. Electrical equipment and service to any pool, spa, or hot tub shall be installed in compliance with the National Electrical Code.

iv. Upon completion of the electrical equipment and service installation an approval certification shall be presented to the CEO. The inspection shall be done by an agency approved by the Town of Manchester.

v. All pools, spas and hot tubs shall be installed in compliance with the New York State Residential Code Chapter 41 and Appendix G.

vi. The water of such pools, spas and hot tubs shall be maintained at all times in a sanitary condition in accordance with the bacterial standards of the Sanitary Code of the State of New York.

vii. Any pool, spa and hot tub that has been damaged and made unusable shall be dismantled and properly disposed of to prevent the pooling of stagnant water.

viii. No swimming pool, spa or hot tub shall be used until a certificate of occupancy is issued by the CEO.

2) A plot plan indicating elevations with dimensions drawn to scale shall be submitted for approval. The plot plan shall also show:

i. Pool dimensions, depth, and volume in gallons.

ii. Type and size of filtering system.

iii. Location of filtering system and motor.

B. Commercial pools, spas and hot tubs.

1) Commercial pools, spas and hot tubs may be allowed in any district upon approval for a special use permit by the Planning Board.

2) General regulations.

i. Outdoor pools, spas and hot tubs shall be located in the rear yard not closer than 50 feet to the side or rear property lines.

ii. Additional regulations or conditions may be required by the Planning Board such as plantings, fencing and limiting hours or days of operation.

iii. The owner shall obtain all applicable permits required by the New York State Board of Health and maintain the operation in compliance with all state and Town regulations.

C. Aboveground pool safeguards.

1) Any artificial pool or structure intended for wading, bathing or swimming purposes that is so constructed as to be above grade and which has a ladder or steps in order to obtain access to said pool shall be subject to the requirements that whenever said pool is not attended by a person of suitable age, that the said steps or ladder to obtain access to said pool shall be removed, raised or screened so that a person may not gain access to said pool.

2) Any aboveground swimming pool whose structure is less than four feet in height must be safeguarded with a permanent protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. Said fence shall be structurally sound, durable and must be maintained in such condition. Said fence shall be a minimum of four feet but no more than six feet in height. All openings in said fence shall be so constructed as to prohibit the passage of a four-inch diameter sphere. The entrance gate or gates shall have a self-closing and self-latching device placed at a minimum of three feet six inches above the base of the fence.

D. In-ground pool safeguards. No person or persons, association or corporation shall maintain an in-ground swimming pool, as defined herein, without first safeguarding such swimming pool with a permanent protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. Said fence shall be structurally sound, durable and must be maintained in such condition. Said fence shall be a minimum of four feet but no more than six feet in height. All openings in said fence shall be so constructed as to prohibit the passage of a four-inch diameter sphere. The entrance gate or gates shall have a self-closing and self-latching device placed at a minimum of three feet six inches above the base of the fence.

§ 325-40.30 Temporary storage units.

A. Purpose. The following regulation has been adopted to ensure that placement of enclosed temporary storage units does not negatively impact the residential character of the neighborhoods in which they are placed, as well as to promote the health, safety, and welfare of the Town of Manchester.

B. Registration required. It shall be unlawful for any person or entity to place or permit the placement of an enclosed temporary storage unit on property located within any residential zoning district without registering such unit with the Code Enforcement Officer.

C. Eligible registrants. Only the property owner may register a unit. A renter, lessee, or other legal resident may register a unit if they have the written permission of the property owner.

D. Placement of units.

1) Units shall only be placed in the driveway, or if access exists, at the side or rear of the lot. The unit may not be placed in the front yard.

2) Units may not be placed on lots with no principal building or residential unit.

3) Units shall be set back at least five feet from any lot line and five feet from any structure.

4) Approval from the Code Enforcement Office shall be required if the location of a unit meets either of these conditions:

i. There is no driveway; or

ii. The location is on a corner lot.

5) Placement may not limit visibility of vehicles or pedestrians and must be in accordance with § 325-53.2, Visibility at intersections.

E. Allowable number of units. Only one enclosed temporary storage unit may be placed upon any residential lot at one time.

F. Unit size. Units shall not have a footprint exceeding 130 square feet or a height of more than eight feet.

G. Duration. The enclosed temporary storage unit shall be located at such address for a maximum of 30 consecutive days, including the days of delivery and removal. The registration may be extended an additional 15 days upon request to and approval by the Code Enforcement Officer.

H. Maximum number of registrations. Each lot is limited to a maximum of four registrations per calendar year, and a minimum of 15 days shall elapse between the end of one registration and the beginning of another.

I. Maintenance. The registrant shall be responsible for ensuring that the enclosed temporary storage unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.

J. Prohibited materials and uses. Solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other than that at the residential property where the enclosed temporary storage unit is located or any other illegal or hazardous material or use is prohibited.

K. Inspection. Upon reasonable notice to the registrant, the Code Enforcement Officer may inspect the contents of any enclosed temporary storage unit at any reasonable time to ensure that it is not being used in a manner prohibited by the aforementioned Subsections I and J.

L. Registration requirements. Prior to the initial delivery of the enclosed temporary storage unit, the owner shall register said unit with the Code Enforcement Officer. The registration form shall contain:

1) The name of the registrant to whom the enclosed temporary storage unit is supplied;

2) The registrant's property status: owner, renter, lessee, etc.;

3) The address at which the enclosed temporary storage unit will be placed;

4) The delivery date and removal date;

5) The active building permit number, if applicable;

6) A sketch depicting the location and the placement of the enclosed temporary storage unit on the lot; and

7) Signature of the parcel owner or other legal occupant with the written permission of the parcel owner.

§ 325-40.31 Telecommunications facilities.

A. Towers and satellite dishes.

1) Intent. The purpose of this section is to establish proper criteria for design, construction, screening and placement of wireless facilities, personal wireless services antennas, telecommunications towers, communication dishes, installation of communication devices, and towers while providing for the health, safety and welfare of residents and for the aesthetic character, Comprehensive Plan of the Town, with particular regard to scenic vista protection. The Town of Manchester recognizes wireless communications transmitting facilities and their intrusion of large or high structures of unusual shape or size, monolithically towering above standard-appearing homes and structures that can be aesthetically objectionable and disturbing to visual sensitivities, and that the usual impact of such installations create aesthetic problems making it appropriate to require special limitations as to the size, placement, design, color palette and structure.

2) Applicability of this section. Towers and telecommunications facilities shall hereafter be used, erected, moved, reconstructed, changed or altered only after the granting of a special use permit by the Town of Manchester Planning Board and in conformity with the provisions of this section. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with this section.

3) Tower placement.

i. Towers may be erected only in the AG District.

ii. A radius and/or distance of 8,000 feet shall be maintained between any new tower and any preexisting tower in the Town of Manchester or its adjoining municipalities.

4) Exemptions. The following are exempted from the provisions of this section:

i. Lawful or approved uses existing prior to the effective date of these regulations, including the repair and maintenance of existing communications towers and antennas.

ii. Amateur radio communications antennas or tower.

5) General requirements.

i. Additional setback or buffering may be required.

ii. All applications shall be placed behind the front line of the main structure or structure to which it is attached.

iii. No freestanding antenna shall be constructed, erected or maintained except as an accessory structure to an existing residential dwelling.

B. General requirements applicable to tower facilities.

1) The minimum lot size shall be two acres.

2) Building permit for permitted use. Prior to the construction of any facility the applicant must make application for a building permit on forms prescribed by the CEO.

3) Applicants shall maintain said communications tower facilities in accordance with applicable federal, state and local fire and building, Federal Aviation Administration (FAA), and Federal Communications Commission (FCC) codes and requirements [e.g., Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA-222-F) or equivalent].

4) No certificate of occupancy shall be issued until landscaping is planted as approved or until a satisfactory landscape bond is posted.

5) No additions or modifications shall be permitted when landscaping is not maintained, absent, or planted in accordance with original landscaping plan.

6) Essential emergency and fire services will be given access to obtain necessary space or service on the tower at no cost (other than installation and maintenance).

7) The point of illumination of any additional lighting shall not be visible off the premises. Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).

8) A communications tower, antennas, or accessory facilities shall not contain any signage except that identifying a health safety or general welfare message intended solely for the protection of the general public. The use of any portion of a telecommunication facility for signs for promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers and balloons, is prohibited. The Planning Board may require installation of signage with safety information.

9) Accessory facilities shall maximize use of location, building materials, colors and textures designed to blend with the natural surroundings as approved by the Planning Board.

10) Towers shall be non-reflective a galvanized finish or painted gray above the surrounding tree line and painted gray, green or black below the surrounding tree lines, unless other standards are required by the FAA.

11) No installations shall be allowed on, over or upon an easement.

C. Co-location and use of preexisting structures. Applicants are encouraged to provide their towers for use by other carriers at a reasonable fair market value. Additionally, where such co-location is unavailable, location of antenna on preexisting structures shall be considered by the applicant. An applicant shall be required to present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for co-location with existing facilities and the use of other preexisting structures as an alternative to a new construction.

1) An applicant intending to co-locate with an existing tower shall be required to document intent from an existing tower owner to co-locate.

2) In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure co-location with existing towers as well as documenting capacity for future co-location for the proposed tower. Written request and responses for co-location shall be provided of all towers within the radius of 8,000 feet. Subsection A(3)(ii) shall apply.

3) The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities. This requirement may be waived by the Planning Board, provided that the applicant demonstrates that future shared usage of the proposed facility is not feasible and an unnecessary burden based upon:

i. The number of existing and potential licenses without tower spaces/sites.

ii. The number of Federal Communications Commission (FCC) licenses foreseeably available for the area.

iii. Available spaces on existing and approved towers.

iv. Potential adverse visual impact by tower designed for co-location.

D. Site data. Specific site data placed on a map, acceptable in form and content, shall be provided to the CEO for review by the Planning Board, which shall be prepared to a scale of not smaller than one inch to 50 feet, and in sufficient detail and accuracy so as to accurately depict the placement of all component parts of the tower or antenna (including guyed wires or enclosures) in relation to:

1) The location of property lines and easements.

2) The location of all structures on the site and all structures on any adjacent property within 100 feet of the property lines, including highways.

3) The location of all utility poles, above- and below-ground utility lines, trees or other natural or artificial structures.

4) The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures.

5) Visual environmental assessment form ("visual EAF"), including a simulated photographic visualization of the site with particular attention to visibility from key viewpoints identified on the visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.

6) Buildout plan.

i. The applicant shall submit to the Planning Board a buildout plan setting forth the applicant's current facilities within the Town, together with the applicant's intentions for additional facilities within the Town for the ensuing 36 months, and shall also certify whether any and all existing facilities of the applicant are in active use and are necessary for its telecommunications operations.

ii. The buildout plan shall include a statement as to how the proposed facility will supplement, detract from, or coordinate with existing telecommunication towers in the Town and contiguous jurisdiction and any changes proposed within the following thirty-six-month period, including a buildout plan for new locations and the discontinuance or relocation of existing facilities.

iii. A similar buildout plan and certification of use of existing facilities shall be thereafter submitted by such applicant on or before January 31 of each year, as well as upon any further application for any additional facilities.

iv. The buildout plan shall show that the proposed facility is located within the geographic area permitted under this section.

7) Nonionizing Electromagnetic Radiation (NEMR). The applicant shall submit certification that NEMR emitted from the facility does not result in a ground level exposure at any point outside said facility which exceeds the lowest applicable exposure standards established by any regulatory institute (e.g., ANSI). The applicant shall submit certification of approval from the Federal Communications Commission to the Planning Board that the proposed facility meets with its approval.

8) All information prepared by the manufacturer of the antenna or tower, including, but not limited to, the following:

i. The make and model of the tower or antenna to be erected.

ii. The manufacturer's design data for installation instructions and construction plans.

iii. The applicant's proposed tower maintenance and inspection procedures and records system.

iv. The identification of any anticlimb device to be installed.

v. FCC approval including identification of the levels of radiation to be emitted by or from the communications tower.

vi. The identification of the effects such communication tower's operation will have on other existing communication towers or antenna within 2,500 feet of the proposed structure.

9) A landscaping plan shall be provided to the Planning Board, which may make further recommendations or may not approve the landscaping plan.

E. Notice by certified mail. The applicant shall give notice by certified mail, return receipt requested, to all property owners within 1,500 feet of the parcel upon which the proposed facility is to be constructed or maintained. Such notice must contain the following information: the street address of the property in question, a scale sketch of the location of the facility on the property and highways, the date, time and place of the public hearing or hearings on said application. A change in the hearing date or time shall require that the applicant notify the property owners of the changed date and time of the hearing. A list of all property owners notified and copies of return receipts shall be provided to the CEO and Planning Board for verification of notice.

F. Additional review criteria.

1) That the proposed addition or modification is necessary and appropriate or the full implementation and usage of the tower.

2) That the tower can structurally accommodate the additions or modifications.

3) That any additions or modifications will not interfere with existing or proposed telecommunication, radio or microwave signals.

4) That the visual effects of any additional equipment will not unduly or unreasonably interfere with or restrict the visual aesthetics of the surrounding neighborhood.

5) The applicant must demonstrate that the existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower or location.

6) That the health, safety or general welfare of the public will not be otherwise impaired.

G. Avian and biological effects. An applicant shall provide surveys of the biological resources, migration patterns and determination of their protection status in an area where turbines are being considered. Data shall be commensurate with the size of the proposed project and reflect loss of habitat and vegetation including potential bird and bat collisions with towers, telecommunication towers, or facilities. Surveys and plans shall be provided to the New York State Department of Environmental Conservation and applicable federal migratory bird protection agency for their recommendations and approval and which shall submitted to Planning Board, which may require additional requirements prior to approval or issuance of any special use permit.

H. Dimensional requirements.

1) Area. No more than one tower shall be located on any lot for each permit applied for and granted. The tower is to be located on the lot no closer than 1.25 times the maximum potential designed height plus any extensions from any boundary line or structure. For the purposes of this section, the term "lot" shall be the required area to be leased, rented or contracted, and/or owned from the property owner by the tower applicant for the installation of a tower. The term "lot" shall not mean the property owner's plat as a whole.

2) Height.

i. The Planning Board shall approve, subject to the limitations set forth in this subsection below, the height of each proposed telecommunications tower. In reviewing such issue, the Planning Board shall consider the minimum height necessary for the applicant's needs and may also take into consideration the potential for co-location in approving or requiring additional height above the minimum necessary for the applicant's needs.

ii. The maximum height for telecommunications towers permitted under this section, including any antennas, extensions or other devices extending above the tower, measured from the ground surface immediately surrounding the site, shall be 200 feet.

3) Setbacks.

i. Telecommunications towers, towers, and antennas shall comply with all existing setback requirements within the affected zone. The distance from any boundary line shall be not less than 1.25 times its height plus any extensions; the more restrictive shall apply. Additional setbacks may be required by this section and/or the Planning Board to contain on site all icefall, falling or thrown debris. Minimum setbacks for guyed-wire, anchors, etc.

ii. Front line setback. Telecommunications towers, towers, and antennas shall be placed to the rear of the front line of the principal structure. Roof-mounted and wall-mounted satellite or dish antennas shall not exceed 36 inches or extend more than 36 inches from the structure.

iii. Minimum radius. Radius of 8,000 feet must be maintained between any proposed tower and any preexisting tower, addition or modification, whether located in the Town of Manchester or in any adjoining municipalities.

I. Landscaping.

1) Visual effects of towers will be minimized through careful design, siting and vegetative screening and/or buffering. At least one row of deciduous trees not less than three inches in diameter measured, not less than six feet above grade, and spaced not more than 20 feet apart and within 25 feet of the site boundary shall be provided. Said deciduous trees shall be of the silver maple, red maple, thornless honey locust, linden, and green ash type. Within 40 feet of the boundary, at least one row of evergreen trees at least five feet in height above grade and spaced not more than 15 feet apart shall be provided. Evergreen trees shall be of the arborvitae type, i.e., American arborvitae (thuja occidentalis), Green Giant (thuja plicata). All trees shall be perpetually maintained in a healthy growing condition. Trees not maintaining a healthy growing condition shall be replaced with not less than a biannual transplanting or prior to renewal of special use permit. In case of poor soil conditions, planting may be required on soil berms to ensure plant survival, with the plant height being in addition to the height of the berm. This subsection shall apply to all applications.

2) Trees and grasses shall be maintained. The CEO shall review the planting of or replacement planting of vegetation, trees and other plants or bushes that have ceased to live or grow to determine replacement and/or status of plantings for towers as set down by site plan review.

3) The CEO may require a review of plantings by a professional landscaper, arborist, or engineer to determine status of plantings. All reasonable costs for review and determination shall be the expense of the property owner/applicant.

4) Landscaping of all fences is required.

J. Access. Access shall be required for towers to ensure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be sufficient to accommodate emergency vehicles and the intended use. Said road sufficiency shall be certified by a New York State licensed engineer. The construction of pervious roadways (crushed stone, gravel, etc.) is permitted. At all times road construction shall minimize ground disturbance and vegetation-cutting to within the bottom of fill, the top of cut, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to ensure minimal visual disturbance and reduce soil erosion potential. Public road standards must be waived in meeting the objectives of this subsection.

1) Development of access or roadway shall not interfere with natural drainage. A drainage management plan shall be provided. The plan shall be certified by a New York State licensed engineer.

2) All telecommunications towers, accessory facilities and guy anchors, if applicable, shall be enclosed by a fence (i.e., chain link) not less than eight feet in height above ground level or otherwise sufficiently protected from trespassing and vandalism. Said fence shall be subject to final approval by the Planning Board.

K. Removal of facilities; bond.

1) The holder of the special use permit shall have delivered to the CEO a written estimate, from a company engaged in the installation and removal of communications towers, or of the cost of dismantling and removing the communications tower, and any attached structures or facilities, together with a letter of credit or other security in form acceptable to the Town Attorney in the amount not less than 125% of said estimated cost, which letter of credit or other security shall provide that said funds shall be made available to the Town for the removal of such tower and any attached structures or facilities upon the failure of the holder of the special use permit to comply with the provisions of this section.

2) Any applicant installing a telecommunications tower, antennas, and/or accessory facility within the Town of Manchester shall comply with the following: upon discontinuance of use for the purposed specified in the application or if the communication facility ceases operations for a period of 90 days, such tower, structures, or facilities shall be dismantled and removed from the site, and the applicant shall restore the site and shall incur all expenses therefor within 30 days of receipt of written notice from the Town Board and based upon the Town Board's declaration to the effect specified herein.

3) In the event of default the bond or undertaking shall be forfeited to the Town of Manchester, which will be entitled to maintain an action thereon. This section shall apply to the applicant, corporations, ownership, lease, application, and/or special use permits and/or any change of ownership, applicant, corporations, lease, application, and/or special use permit. The bond or undertaking shall be approved by the Town Board resolution, conditioned upon the recommendation of the CEO, Planning Board and Town Engineer. Exception: preexisting farm or residential windmills and/or farm applications.

§ 325-40.32 Truck and multimodal transport terminals.

A. Minimum area.

1) Minimum of 10 contiguous acres shall be required. Additional land area or acreage may be required to meet the dimensional standards listed in this section and all applicable development standards, including the parking of and the operation of vehicles, including each tractor and/or trailer, or tractor trailer on site as set forth in site plan approval. A minimum of not less than 10 contiguous acres shall be required for site approval. All structures, expansions, increase in use, multiuse or development of previously or preexisting truck and multimodal transport terminals will require approval and recalculation of site dimension requirements.

2) A minimum area of 650 square feet of storage (or maneuvering).

i. Space and not less than 30% turning reserve shall be required for each tractor trailer on the site. A minimum of 400 square feet of storage (or maneuvering) space shall be required for each truck/tractor on the site.

ii. Docking shall require a throat of 120 feet with spacing on a eleven-foot six-inch center to accommodate a thirty-foot exit and entrance turn.

3) "Multiuse" in a truck and multimodal transport terminal is defined as more than one use other than that proposed on original site plan. The minimum lot size required for this type of use shall be computed by adding 20,000 square feet for each use within the structure to the minimum lot size required.

B. Required minimum buffering and setback.

1) There shall be a setback of 300 feet from the highway property line.

2) There shall be a required minimum setback of 1,500 feet from all residential hospital, school, recreational and, senior citizen housing or multiple-dwelling property lines. Where a truck and multimodal transport terminal abuts a travel center, a commercial, light industrial or industrial property, the setback shall be 300 feet from all property lines.

3) Open space required. There shall be no less than 35% of the total project site reserved as open space. These areas shall consist of seeding, planting, retention of tree cover or other landscaping and/or berming. The open space calculation shall include the retention pond or facility.

i. Green space shall be limited to building front landscaping, front highway line, and all property boundaries and pedestrian walkway areas and visitor and employee parking areas.

ii. A buffer of 300 feet starting at the property line shall be landscaped with a densely planted mixture of shrubs and trees.

iii. A berm shall be no closer than 100 feet to any adjacent property line.

iv. All trees and shrubs shall be no less than eight feet in height, to create an opaque screen.

v. Buffer plantings shall be upon and surrounding a berm of no less than 12 feet in height.

vi. Buffer areas shall consist of seeding, planting, with retention of tree cover maintained in a neat healthy condition.

vii. No planting shall cause a hazardous condition by interfering with the highway line of sight (600 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.

C. Vehicle traffic pedestrian flow design.

1) There shall be a single curb cut design with a ingress and egress as one entrance/exit throat. Stacking space on entrance/exit throats shall be not less than 150 feet.

i. Exit width shall be not be less than 40 feet to allow turning radius of 30 feet to ensure turning upon public highway in a safe manner without crossing center line.

ii. Entrance shall be sufficient as to not interfere with forty-foot throat reserve of exiting vehicles.

2) Required exit sight distance shall be of 600 feet all directions along public highway.

3) Curb cuts and landscaped areas shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing.

D. Pavement. Vehicle travel areas, parking areas, loading and unloading areas and docks shall be covered and paved with a hard surface of asphalt or concrete.

1) Access roads, parking areas and travel areas shall be hard-surfaced and maintained, and all internal areas on which vehicles operate must be constructed and maintained free of holes and broken surface and shall prevent dust from being generated.

2) Access roads and vehicle travel surfaces shall be hard-surfaced or paved so as to prevent dust and blowing dirt and to prevent dirt, mud and debris from entering upon or into the public right-of-way.

3) The owner of property, or preexisting uses, parking lots, storage areas, access roads or properties in use shall be responsible for the maintenance of the premises in a manner not to create or maintain a hazardous condition and shall prevent dust, debris, fumes, or exhaust or other particles of dirt or ash from being blown or carried from the property creating a public nuisance. Said owner shall take all necessary and reasonable steps to protect the health, safety and welfare, to ensure and prevent that adjacent properties, or properties across highways and streets, or adjacent neighborhood properties, are protected from such nuisance.

4) The applicant shall be responsible for any engineering and/or attorney fees.

E. Vehicle service and related storage.

1) There shall be no on-site open storage of damaged or inoperable vehicles, trucks, tractor or trailers for more than 48 hours.

2) There shall be no outside storage of pallets or shipping products.

3) There shall be no outside storage of shipping goods, including goods to be shipped or picked up.

4) Docking and loading areas shall require a throat of 120 feet with a spacing on an eleven-foot six-inch center, sufficient to accommodate a thirty-foot exit and entrance turn from dock or parking area.

5) Enclosed vehicle servicing or storage.

i. All vehicles awaiting repair shall be stored inside of a building or within an area which is entirely screened from public view.

ii. No vehicle may be displayed for sale to the public at any time.

6) Motor vehicle and/or truck (tractor) and/or trailer repair or service (including equipment washing), storage of self-propelled motor vehicle to include tractor (truck) or tractor (trailer) unit or units shall be conducted within an enclosed building. No repair work may be performed out of doors, except for gasoline dispensing units. Adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline is permitted.

F. Storage and waste management.

1) Rubbish, tires, discarded motor vehicle parts and components and other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the service/repair garage. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.

2) The storage facilities for tanks and/or drums, containers of new or waste oil, solvents, or chemicals, or oil products require coated concrete floors and dikes to retain accidental spills or leaks. A permanent roof to protect tanks or drums and to protect precipitation from entering dikes is required. Drums shall be sealed, and tanks or drums must be located away from floor drains and/or protected from entering parking lot drains or stormwater or sewage facilities.

3) The truck and multimodal transport terminal shall comply with all applicable rules and regulations concerning use, storage and disposal of petroleum products.

4) Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank.

5) Wastes collected in a holding tank must be disposed of through a licensed waste hauler.

6) Waste degreasing solvents must be stored in drums or holding tanks and disposed through a licensed waste hauler.

7) Waste oil must be stored in drums or tanks for disposal by a licensed waste hauler.

8) Property and its boundaries shall be maintained, free of trash, paper, plastic items, trash and debris.

9) Property site owner and/or his designee shall be responsible for maintaining a trash-free environment for the entire property, including the prevention of trash trespass upon the property of another.

§ 325-40.33 Solar energy collection systems.

A. Purpose. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight. Tier 1 and Tier 2 solar energy collection systems are appropriate in all zoning districts when measures are taken, as provided in this section, to minimize adverse effects on neighboring properties within the zoning districts and our Agricultural community. Tier 3 solar energy collection systems balance solar energy needs while protecting/maintaining prime soils for farming and encouraging developing outside prime farmland.

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

1) Tier 1 solar energy collection system:

i. Roof-mounted solar energy collection system or building integrated solar energy collection system.

ii. Up to 10 KW rated capacity.

2) Tier 2 solar energy collection system:

i. Ground-mounted solar energy collection systems that generate up to 110% of the electricity consumed on the lot over the previous 12 months or 110% of the electricity demanded by the lot, and all structures thereon, as determined by current industry standards as approved by the Code Enforcement Officer.

ii. Not to exceed the greater of 4,000 square feet of solar energy collection area or 25 KW rated capacity.

3) Tier 3 solar energy collection system:

i. These are solar energy collection systems that are not included in the definition of Tier 1 or Tier 2 solar energy collections systems.

ii. An area of land or other area used for a solar energy collection system, other than a Tier 1 or Tier 2 solar energy collection system, principally used to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to or receive a credit from a public utility entity, but also may be for on-site use. Tier 3 solar energy collection systems consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

C. Tier 1 solar energy collection system. Rooftop- and building-mounted solar collectors that meet the definition of a Tier 1 solar energy collection system are permitted as accessory structures in all zoning districts in the Town. Building permits shall be required for installation of rooftop- and building-mounted solar collectors.

1) Tier 1 solar energy collection systems shall be NEC, IEC, UL and NYS building code compliant.

2) A single lot may have on it both a Tier 1 solar energy collection system and a Tier 2 solar energy collection system provided that both systems combined do not generate more electricity than a Tier 2 solar energy collection alone is permitted to generate.

D. Tier 2 solar energy collection system. Ground-mounted and freestanding solar collectors that meet the definition of a Tier 2 solar energy collection system are permitted as accessory structures in all zoning districts of the Town, subject to the following requirements:

1) The location of the solar energy collection system meets all applicable setback requirements of the zone in which they are located.

2) The height of the solar energy collection system and any mounts shall not exceed the height restrictions of the zone when oriented at maximum tilt.

3) The total surface area of all components of the solar energy collection system on the lot shall not exceed 4,000 square feet and, when combined with all other buildings and structures on the lot, shall not exceed 50% lot coverage.

4) A building permit has been obtained for the solar collectors.

5) The solar collectors are located in a side or rear yard.

6) Solar energy collection systems and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.

7) Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors.

8) All solar energy collection installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards, and prior to operation the electrical connections must be inspected and pass inspection by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected and approved by the appropriate public utility.

9) When 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 Ontario County and other applicable laws and regulations.

10) If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities no later than 90 days after the end of the twelve-month period.

11) Tier 2 solar projects shall be NEC, IEC, UL and NYS building code–compliant.

12) A single lot may have on it both a Tier 1 solar energy collection system and a Tier 2 solar energy collection system provided that both systems combined do not generate more electricity than a Tier 2 solar energy collection alone is permitted to generate.

E. Tier 3 solar energy collection systems. Solar energy collection systems that exceed either 4,000 square feet of solar energy collection area or 25 KW rated capacity or otherwise meet the definition of a Tier 3 solar energy collection system are specially permitted in the A, GC, GI, LI, REI, OS, COD and HC zoning districts of the Town, subject to the following requirements, unless more restrictive regulations also apply:

1) NYS regulations govern who reviews and approves of these installations as follows:

i. Projects under 20 MW: local review.

ii. Projects between 20 MW to 24.9 MW: May opt in to § 94-c[1] or local review.

[1] Editor's Note: See the New York Public Service Law.

iii. New Projects 25 MW or more: § 94-c of the New York Public Service Law: local review.

iv. Article 10 Projects of the New York Public Service Law: local review.

2) A Tier 3 solar energy collection system shall be constructed pursuant to a site plan permit from the Town Planning Board and must meet the criteria set forth below and obtain all other necessary approvals.

3) Areas of potential sensitivity:

i. 100-year flood hazard zones considered a V or AE Zone on the FEMA Flood Maps.

ii. Historic and/or culturally significant resources in an historic district or historic district transition zone.

iii. Within 100 feet landward of a freshwater wetland.

4) A special use permit may be granted for a Tier 3 solar energy collection system only if the Planning Board has granted final site plan approval for such system, subject to the following terms and conditions:

i. The total coverage of all buildings and structures on a lot, including freestanding solar panels, shall not exceed 50%.

ii. For Tier 3 solar energy collection systems that consist of ground mounted solar energy systems that are to be developed upon land identified as soil Class 1 through 4 as documented upon the soil group work sheet prepared by the Ontario County Soil and Water Conservation District and used by the Town of Manchester Assessor in calculation of the agricultural use exemption values, a part of the New York State Dept of Ag and Markets district laws, the applicant shall provide an Agricultural Conservation Easement (ACE) to the Town that meets the following criteria:

a. The ACE shall grant such easement on another lot or parcel owned by applicant, in the Town of Manchester.

b. The easement area of the ACE must contain the same soil Class 1 through 4 that are proposed to be part of the ground-mounted Tier 3 solar energy collection system.

c. The amount of acreage in said ACE is to be in the total amount of acreage equal to total site plan acreage of the project's Class 1 through 4 soils that are proposed.

d. The ACE shall remain in effect for the same period associated with the proposed Tier 3 solar energy collection system.

e. The ACE shall be terminated once the proposed Tier 3 solar energy collection systems has been decommissioned.

f. Exception to ACE. If the applicant can prove that the proposed land has not been actively farmed for five years or more then no agricultural conservation easement shall be required.

g. The applicant shall be responsible for administering all phases of the Agricultural Conservation Easement (ACE).

h. All calculations will receive professional review during site plan review and the Town of Manchester shall be reimbursed per § 325-60.4 of the Town of Manchester Code.

i. The Planning Board may consider adjustments to the ACE if an accepted Agri-Voltaic Plan for the proposed project is adopted.

5) Height and setback restrictions.

i. The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 15 feet in height above the ground.

ii. The minimum setback from roadside shall be 100 feet, side and rear property lines shall be 25 feet except where the property abuts a residential property. The minimum side setback from any residential property line shall be 50 feet.

6) Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.

7) Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

8) All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

9) Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.

10) All mechanical equipment, including any structure for batteries or storage cells and all fencing shall comply to NEC Code at a minimum, or additional requirements according to the Planning Board and shall be maintained for the life of the project. Note: § 325-40.18, Fences, does not apply.

11) A Tier 3 solar energy collection system to be connected to the utility grid shall provide a "proof of concept" letter from the utility company acknowledging the Tier 3 solar energy collection system will be connected to the utility grid in order to sell electricity to the public utility.

12) Projects must be NEC, UL and NYS building code–compliant approved.

13) All drawings and site plans must be stamped by NYS Licensed Professional Engineer.

14) The applicant for a Tier 3 solar energy collection system shall provide as part of any site plan application a site operations and maintenance plan that ensures continued adequacy of landscaping, erosion control and other conditions of approval.

15) A landscaped buffer shall be provided around all equipment and solar collectors to provide screening from adjacent residential properties and roads and shall be maintained for the life of the project.

16) Signs.

i. A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list the facility name, owner and phone number.

ii. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

17) Abandonment.

i. All applications for a Tier 3 solar energy collection system shall be accompanied by a decommissioning plan to be implemented upon abandonment, cessation of activity or in conjunction with removal of the facility, prior to issuance of a building permit.

ii. If the applicant begins but does not complete construction of the project within 18 months after receiving final site plan approval, this may be deemed abandonment of the project and require implementation of the decommissioning plan to the extent applicable.

iii. The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:

a. Removal of aboveground and below-ground equipment, structures and foundations.

b. Restoration of the surface grade and soil after removal of equipment.

c. Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

d. The plan shall include a time frame for the completion of site restoration work.

iv. In the event the facility is not completed and functioning within 18 months of the issuance of the final site plan approval, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.

v. Upon cessation of 80% of activity of a constructed facility for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan.

vi. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% or greater of approved capacity or implement the decommissioning plan.

vii. If the owner and/or operator fails to fully implement the decommissioning plan within the 180-day time period, the Town may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan and may recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.

18) Decommissioning plan and surety.

i. The applicant for a Tier 3 solar energy collection system shall provide as part of any site plan application, a decommissioning plan that is to be accompanied by a proposed form of surety.

ii. Acceptance of decommissioning plan. The applicant's decommissioning plan shall be submitted by the Planning Board, after its initial review, to the Town Engineer for his/her review and recommendation. In addition, the applicant's surety shall also be reviewed by the Town Attorney for his/her recommendation and report to the Planning Board. The Planning Board, as part of final site plan approval shall recommend to the Town Board, whether to accept the decommissioning plan and surety instrument. The Town Board, based upon its review shall either accept, modify, or deny the form of surety and decommissioning plan being offered. Upon acceptance from the Town Board of the decommissioning plan and surety, the Planning Board may continue with site plan application process.

iii. Filing of surety. The surety, once approved by the Town Board, is to remain on file in the Town Clerk's office and shall be available to the Town for the entire existence of the Tier 3 solar energy collection system, including the decommissioning and restoration of the site, after the solar system has ceased operating.

iv. Surety. The Tier 3 solar energy collection system owner and/or landowner shall keep on file with the Town Clerk's Office, an approved surety that is to remain in effect throughout the life of the system and shall be in the form of an irrevocable acceptable form of surety or other form of surety acceptable to the Planning Board and approved by the Town Board. The irrevocable acceptable form of surety or other form of surety shall include an auto-extension provision to be issued by at least an A-rated institution solely for the benefit of the Town. Upon completion of decommissioning or restoration of the site, the system owner or operator or landowner my petition the Town Board to reduce or terminate the acceptable form of surety. In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of an acceptable financial surety with the Town Board at the time of transfer.

v. Surety failure. In the event the surety fails for any reason, it shall be promptly replaced, within 30 days of the lapse of the surety or else such failure may be found to constitute evidence of abandonment and noncompliance with site plan conditions, warranting the commencement of enforcement procedures for abandonment of the Tier 3 solar energy collection system.

vi. Town Board review and acceptance of the decommissioning plan and form of surety. The Town Board, upon its receipt of the above referenced Planning Board report and recommendation, shall consider any action(s) prior to taking formal action to adopt a decommissioning plan and accept a form of surety for the proposed Tier 3 solar energy collection system. Once accepted, the decommissioning plan and surety shall be filed with the Town Clerk's Office within 30 days of the date of the Town Board resolution.