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.
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.
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.
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.
10)
Playgrounds or playhouses.
12)
Noncommercial nurseries, gardens, or greenhouses.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
| |
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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)
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.
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.
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.
